This Addendum to the Terms of Service (“Host Addendum”) is a binding legal agreement between you and SABO that govern your right to use the websites, applications, and other offerings from SABO (collectively, the “SABO Platform”). When used in this Host Addendum, “SABO,” “we,” “us,” or “our” refers to SABO Outdoors Ltd.
If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
- Hosting on the SABO Platform.
- Host. As a Host, SABO offers you the right to use the SABO Platform to share your Lodgings, Excursion, or other Host Service with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.
- Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the SABO Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. This contact must be in writing in the form of the template attached as Exhibit A to this Host Addendum. You are also agreeing to pay 5 (Taxes) for each booking. SABO Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (a) be consistent with this Host Addendum and the information provided in your Listing, and (b) be prominently disclosed in your Listing description.
- Managing Your Listing.
- Creating and Managing Your Listing. Your Listing must include complete and accurate information about your Host Service, including (a) the full price of the Host Service, (b) any additional fees, (c) the general location of your Property, (d) the activities that are permitted on your Property, (e) the availability of your Property, (f) any potential hazards or safety risks on your Property, (g) the cancellation policy for your Listing, and (h) any additional rules or requirements you expect Guests to follow while on your Property. You are responsible for keeping all such Listing information and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions.
- Territories. You may choose to subdivide your Property into multiple distinct parcels (each a “Territory”). You are responsible for identifying the boundaries of each such Territory in your Listing with sufficient detail to allow Guests to remain within those boundaries. If multiple Territories are booked at the same time, you are responsible for notifying Guests. You may only maintain one (1) Listing per Territory. You may only maintain one (1) Listing per Territory.
- Search Ranking. The ranking of Listings in search results on the SABO Platform depends on a variety of factors, including these main parameters:
Search results may appear different on our mobile application than they appear on our website. SABO may allow Hosts to promote their Listings in search or elsewhere on the SABO Platform by paying an additional fee.
- Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the SABO Platform except those expressly authorized in Section 7 (Payment Terms). Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the SABO Platform not reasonably necessary to facilitate the Reservation. You are responsible for securing the prior written consent of any additional co-owners of the Property prior to making your Listing. You are responsible for ensuring that each Guest remains within your Property, and does not trespass on any third-party’s private property. You are responsible for maintaining your Property (including any Lodgings offered) and ensuring that it meets minimum quality standards regarding access, adequacy of the description in the Listing, cleanliness, and do not present Users with potential hazards or safety risks.
- Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under this Host Addendum and the Terms of Service. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct SABO to transfer a portion of your payout to a co-host or other Hosts, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
- Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the SABO Platform, offering Host Services, or any interaction you have with other Users whether in person or online. You agree that you have had the opportunity to investigate the SABO Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by SABO.
- Cancellations and Booking Modifications.
- Guest Cancellations. If a Guest cancels a Reservation before it is confirmed by the Host, SABO will cancel any pre-authorization to the Guest’s method of payment and/or refund any nominal amounts charged to that method of payment in connection with the Reservation within a commercially reasonable time. If a Guest wants to cancel their Reservation either prior to or after the Reservation Date, the cancellation policy identified in the applicable Listing will apply and determines whether SABO will refund any portion of the fees to you. Each Host agrees that SABO may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (a) permit the User to cancel the booking and (b) refund to the User that portion of the Opportunity Fees specified in the applicable cancellation policy. Hosts may select one of the three (c) cancelation policies provided below, which will determine the amount that must be refunded to the Guest.
Name of Policy
Guests will receive a full refund if they cancel at least one (1) day prior to the Reservation Date
Guests will only receive a full refund if they cancel at least five (5) days prior to the Reservation Date
Guests will only receive a full refund if they cancel at least thirty (30) days prior to the Reservation Date
If there is a complaint from either the Guest or the Host, SABO must be notified within at least twenty-four (24) hours after check in. SABO reserves the right to mediate any disputes concerning a cancelation, which it may resolve in its sole and absolute discretion. A Reservation is officially cancelled when the User clicks the “Cancellation” button on the cancelation confirmation page.
- Host Cancellations. As a Host, you may not cancel on a Guest unless there is a Force Majeure Event (as defined in the Terms of Service) affecting the Property. If you cancel a Reservation without such a Force Majeure Event (as defined in the Terms of Service), then the Guest will be eligible for a full refund of the Total Price and you may be required to pay additional fees, including the SABO service fee. If you cancel on a Guest due to a Force Majeure Event, the Guest will receive a full refund, but you will not be required to pay any additional fees.
- Host Issues. If: (a) a Guest experiences a Host Issue, or (b) a Reservation is cancelled under Section 8 (Termination, Suspension and other Measures) of the Terms of Service, then then Guest affected will be provided with a full refund of the Total Price, and you agree to reimburse SABO up to the amount of such refund within thirty (30) days of SABO’s request, In addition, you may be required to pay additional fees, including the SABO Service Fee, and a cancellation fee (which may be withheld from future payouts). As used herein, “Host Issue” refers to the following situations:
- Host fails to provide access to the Lodgings.
- Lodgings are not habitable at check-in for any of the following reasons:
- They are not reasonably clean and sanitary, including bedding and towels; or
- They contain safety or health hazards.
- Listing contains a material inaccuracy such as:
- Incorrect information about the Lodging (i.e. type, capacity, location, facilities)
- Incorrect information about the Property (i.e. size, location, permitted activities)
- Special amenity or feature described in the Listing (i.e. pool, hot tub, bathroom - toilet, shower or bathtub, kitchen - sink, stove, refrigerator or other major appliance, electrical, heating or air conditioning systems) is not present or does not function substantially as described.
- Refunds. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by SABO exceeds your payout, SABO may recover that amount from you, including by offsetting the refund against your future payouts. You agree that this Host Amendment and the Terms of Service preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made.
- Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree between themselves to make via the SABO Platform (“Booking Modifications”) and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
- If you are a Host you will receive and use Guests’ Personal Data to manage your Reservations and deliver your Host Service. Please remember that you are responsible for complying with any and all applicable data security and privacy laws when you handle and process Personal Data. You should only use Personal Data received through the SABO Platform as necessary to manage your reservations, comply with applicable laws, and deliver your Host Service. You may not encourage or require Guests to open an account, leave a review, or otherwise interact with a third-party website, application or service before, during or after a reservation, unless it is reasonably necessary to provide your Host Services.
- Host Taxes. As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes”).
- Collection and Remittance by SABO. In jurisdictions where SABO facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize SABO to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by SABO are identified to Users on their transaction records, as applicable. SABO may seek additional amounts from Users (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Users’ tax obligations, and you agree that your sole remedy for Taxes collected by SABO is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Users, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
- Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that SABO may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.
- Confidentiality. Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party or third parties (“Confidential Information”). Confidential Information includes User Information and the volume of delivery services, marketing and business plans, business, financial, technical, operational and such other, non-public information of each party (whether disclosed in writing or verbally) that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential. Confidential Information does not include any information that: (a) was in the receiving party’s lawful possession prior to the disclosure, as clearly and convincingly corroborated by written records, and had not been obtained by the receiving party either directly or indirectly from the disclosing party; (b) is lawfully disclosed to the receiving party by a third party without actual, implied or intended restriction on disclosure through the chain of possession, or (c) is independently developed by the receiving party without the use of or access to the Confidential Information, as clearly and convincingly corroborated by written records.
- Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third-party, except to its employees, officers, contractors, agents and service providers (" Permitted Persons ") as necessary to perform their obligations under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party; subject to applicable law and our internal record-keeping requirements.
- The unauthorized use or disclosure of any Confidential Information would cause irreparable harm and significant damages, the degree of which may be difficult to ascertain. Accordingly, the parties have the right to obtain immediate equitable relief to enjoin any unauthorized use or disclosure of Confidential Information disclosed by the other party, in addition to any other rights or remedies described this Host Addendum, applicable law or otherwise.
- Payment Terms.
- Payment Collection. SABO generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.
- Payout. The amount paid to you for a Reservation (“Payout”) will be seventy percent (70%) of the Total Listing Price for DIY opportunities, and ninety five percent (95%) of the Total Listing Price for Guided opportunities as defined within the platform.
In the event of cancellation of a confirmed booking, SABO will remit the amount you are due (if any) as provided in the Terms of Service and Section 3 (Cancellations and Booking Modifications) of this Host Addendum.
- Valid Payout Method. All Payouts will be enabled by SABO using the preferred method of payment designated in your account, such as a credit card, debit card, bank account, PayPal Account, or Venmo Account (“Payout Method”). In order to receive a Payout you must have a valid Payout Method linked to your account. When you add a Payout Method to your account, you may be asked to provide information such as name, government identification, tax ID, billing address, and financial instrument information either to SABO or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information SABO requires for a valid Payout Method may change, and SABO may request additional information at any time; failing to provide requested information may result in SABO temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize SABO to collect and store your Payout Method information. SABO may also share your information with governmental authorities as required by applicable law.
- Payout Restrictions. SABO may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, SABO may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms of Service as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
- Limits on Payouts. For compliance or operational reasons, Airbnb Payments may limit the amount of a Payout. If you are due an amount above that limit, Airbnb Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
- Your Payout Method, Your Responsibility. Airbnb Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
- Appointment of SABO as Limited Payment Collection Agent
- Each Host, including each Host Team member, hereby appoints SABO as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
- Each Host, including each Host Team member, agrees that payment made by a Guest through SABO, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that SABO may refund the Guest in accordance with this Host Addendum and the Terms of Service. Each Host understands that SABO’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. SABO guarantees payments to Host(s) only for such amounts that have been successfully received by SABO from Guests in accordance with this Section 7. In accepting appointment as the limited payment collection agent of the Host, SABO assumes no liability for any acts or omissions of the Host.
- Termination, Suspension and Other Measures.
- Termination. You may terminate this Host Addendum with us at any time by contacting us as provided in Section 10.10 (Contact Us) below or by deleting your account. SABO may terminate this Host Addendum and your account for any reason by giving you thirty (30) days’ notice via email or using any other contact information you have provided for your account. SABO may also terminate this Host Addendum immediately and without notice and stop providing access to the SABO Platform if you breach this Host Addendum, you violate applicable laws, or we reasonably believe termination is necessary to protect SABO, its Users, or third parties. If your account has been inactive for more than thirty (30) days, we may terminate your account with prior notice.
- Host Violations. If (a) you breach this Host Addendum, (b) you violate applicable laws, regulations, or third-party rights, or (c) SABO believes in its sole discretion that it is reasonably necessary to protect SABO, its Users, or third parties; SABO may, with or without prior notice:
Upon the occurrence of such a User violation, SABO may, but is not obligated to, provide you with notice of any intended measure by SABO and an opportunity to resolve the issue. You may appeal actions taken by us under this Section 8.2 by contacting customer service. If a Reservation is cancelled under this Section 8.2, the User will receive a refund of one hundred percent (100%) of the Total Price.
- Legal Mandates. SABO may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 8.2 (Host Violations).
- Effect of Termination. If you are a Host and terminate your SABO account, any outstanding Reservations will be cancelled and all Guests will receive a refund of one hundred percent (100%) of the Total Price. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your User Contributions. If your access to or use of the SABO Platform has been limited, or your SABO account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the SABO Platform through an account of another User.
- Survival. Parts of this Host Addendum that by their nature survive termination, will survive termination of this agreement, including Sections 2.5 (Your Responsibilities), 3 (Cancellations and Booking Modifications), 6 (Confidentiality), 8 (Termination, Suspension, and Other Measures) and 10 (Miscellaneous). These terms will continue to apply even if you stop using the SABO Platform or terminate your User Account.
- Changes to the Host Addendum. SABO may modify this Host Addendum at any time. When we make material changes to this Host Addendum, we will post the revised Host Addendum on the SABO Platform and update the “Last Updated” date at the top of these Terms of Service. All changes are effective immediately when we post them, and apply to all access to and use of the SABO Platform thereafter. However, any changes to Section 3.1 (Guest Cancellations) apply to any bookings made prior to the changes. If you disagree with the revised Host Addendum, you may terminate this Host Addendum immediately as provided in Section 8 (Termination, Suspension, and Other Measures) above. If you do not terminate your agreement before the date the revised Host Addendum become effective, your continued access to or use of the SABO Platform will constitute acceptance of the revised Host Addendum.
- Independent Parties. The Hosts and SABO are independent contractors. Each party is operating, and will continue to operate, for its own account and nothing in the Host Addendum is intended or shall be construed to authorize either party to create an employment relationship, partnership, joint venture or other relationship between the parties, or assume any liability or indebtedness of any kind in the name of or on behalf of the other party or to act for or be responsible for the performance of the other party in any manner whatsoever. Hosts shall conduct their business pertaining to this Agreement independently and at their own risk. Hosts have no authority to enter into any agreement or incur any obligation to any third party on behalf of SABO. SABO does not direct or control the provision of Host Services, and Hosts have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
- No Waiver. No waiver by SABO of any term or condition set out in the Host Addendum shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SABO to assert a right or provision under the Host Addendum shall not constitute a waiver of such right or provision.
- Assignment. You may not assign, transfer or delegate the Host Addendum (in whole or in part) or any of your rights and obligations hereunder without SABO's prior written consent. Any attempted assignment without that consent will have no effect. SABO may without restriction assign, transfer or delegate this agreement and any of its rights and obligations hereunder, at its sole discretion, with thirty (30) days’ prior notice.
- Third-Party Services. The SABO Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. SABO is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
- Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
- Governing Law. All matters relating to the SABO Platform and this Host Addendum, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this Host Addendum or the SABO Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in the City of Wilmington and County of New Castle, although we retain the right to bring any suit, action, or proceeding against you for breach of this Host Addendum in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Force Majeure. SABO shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (each a “Force Majeure Event”).
- Notice to Hosts. Unless specified otherwise, any notices or other communications to Hosts permitted or required under this agreement will be provided electronically and given by SABO via email, SABO Platform notification, messaging service (including SMS), or any other contact method we enable and you provide. Any legal notices to SABO will be given by certified mail, postage prepaid and return receipt requested to 204 N 4th ST, Albemarle, NC 28001.
- Contact Us. The SABO Platform is operated by SABO Outdoors, a corporation with offices at 204 N 4th ST, Albemarle, NC 28001.
All other feedback, comments, requests for technical support, and other communications relating to the SABO Platform should be directed to: firstname.lastname@example.org.
- Severability. If any provision of these this Host Addendum is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Host Addendum will continue in full force and effect.