Partner - Guest Accommodation Agreement
NOTE: All Guests making bookings are required to accept the terms and conditions of this Accommodation Agreement (the “Agreement”). This is a legal document and may affect your legal rights and remedies. Please read it carefully.
You have received a Booking Summary as a result of your use of certain services provided by Sonder Corp. or one of Sonder’s affiliates or subsidiaries (collectively, “Sonder”). In order to complete your reservation for an accommodation, you must enter into this Accommodation Agreement between you and Sonder, as the host of the accommodation. Your Booking will not be confirmed until you have agreed to the terms and conditions of this Agreement. All capitalized terms which are not defined herein, shall have the meanings ascribed thereto in Sonder’s Rules.
- This Agreement is between the Guest named on the Booking ("you") and the host ("the Host") of the accommodation as detailed in the Booking ("the Accommodation"). The Host is the owner of the Accommodation or the person who is duly authorized to arrange for the occupancy of the Accommodation. This Agreement details the terms and conditions which apply between you and the Host relating to your use and occupancy of the Accommodation.
- Sonder, which operates the Sonder.com website, is not the Host. Please note that this Agreement is between you and the Host (for details of the terms which apply between you and Sonder, please see here: (referred to as the “Guest Services Agreement ”).
- You have received your Booking from Sonder whom you have chosen as your reservations supplier. Sonder is not an agent of the Host, Guest or any third party suppliers or vendors (collectively, “Third Party Suppliers”) and Sonder and Third Party Suppliers shall not have any obligations under this Agreement. Sonder and any Third Party Suppliers are not responsible for the availability or condition of the Accommodation, or for the Host’s compliance with any statutes, laws, rules, bylaws, regulations and agreements to which the Host is subject or which relate to the Accommodation or by which the Host or the Accommodation is bound. Your Host has accepted and agreed to the terms and conditions of this Accommodation Agreement and directed Sonder to obtain your acceptance hereto. Your acceptance of this Accommodation Agreement is a condition to your use of Sonder’s website, any Third Party Suppliers for booking and facilitating arrangements directly between the Host and you and to your occupancy of the Accommodation.
- Please note that this Agreement is between you and the Host (for a copy of the terms and conditions which apply between you and Sonder, please refer to Sonder’s Rules and the Guest Services Agreement which are provided separately). The Host is also subject to separate Agreements with Sonder and with respect to services that the Host is required to supply to all Guests who use and occupy the Accommodation.
- This Agreement is a licence to occupy the Accommodation during the agreed period as set out in the Booking ("Accommodation Period"). THIS AGREEMENT IS NOT A LEASE OR RESIDENTIAL TENANCY AGREEMENT, NOR DOES IT CONVEY ANY PROPERTY, LEGAL OR BENEFICIAL RIGHTS OR INTEREST IN REAL ESTATE TO YOU. YOU ARE NOT A TENANT OF THE ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE ACCOMMODATION. By accepting the terms and conditions of this Agreement, you hereby acknowledge and agree that you are entering into a non-exclusive licence to occupy the Accommodation for the fixed term in your Booking. This means that you have no right to stay in the Accommodation or to otherwise use or occupy all or any part of such Accommodation after the Accommodation Period set forth in your Booking and you have no rights to renewal, extension or recurring use of the Accommodation. You cannot make any changes, alterations or modifications to the Accommodation nor can you move or remove any furnishings, fixtures, appliances, equipment or other items in, on or around the Accommodation. You must abide by Sonder’s Rules, the Guest Services Agreement and any restrictions placed on the Accommodation by the Host which may be set forth in the Booking and/or the Host’s rules provided to you at or before check-in, which may include, without limitation, the maximum number of occupants allowed during your occupancy of the Accommodation, any areas of the Accommodation or items in, on or around the Accommodation that have been designated “no access”, noise restrictions, or limitations on pets, smoking or other activities at, on or from the Accommodation. Your license to occupy the Accommodation will be subject to immediate termination if you or any parties that occupy the Accommodation during the Accommodation Period violate any terms of this Agreement, Sonder’s Rules, the Guest Services Agreement or any other agreement between you and another party in relation to the Accommodation, including any Third Party Suppliers.
Booking and Cancellation
- The Booking which you have accepted is not a booking confirmation. The Accommodation will be booked for the Accommodation Period set forth in the Booking upon your receipt of a Confirmation of Booking and the Host is not obliged to make the Accommodation available, nor is a binding contract in place, until such time as the Confirmation of Booking has been sent to you by email or through Sonder and you have agreed to the terms and conditions of this Agreement.
- Pursuant to this Agreement, you have authorized Sonder to collect and remit various fees and charges that will be due and owing by you in connection with your use of the Sonder website and the Accommodation, including, without limitation, the prepayment amount as set out in the Booking, Accommodation fees, and all fees, charges and taxes payable with respect to your booking of the Accommodation and use of services provided by Sonder’s, and/or the Host’s and/or Sonder’s Third Party Suppliers. Upon receipt by you of the Confirmation of Booking, you will immediately be required to pay, and Sonder will charge the debit or credit card that you have supplied, an amount equal to the prepayment amount required to be paid on confirmation of booking as set out in the Booking (which may be the entire amount of the fees due including a security deposit and all amounts due to any of Sonder’s and/or the Hosts’ Third Party Suppliers and all taxes or other fees dues with respect to your Booking).
- Booking cancellation policies are subject to Sonder’s Rules.
- Except in extenuating circumstances, the Host is not entitled to cancel a booking once a Confirmation of Booking has been sent. In these circumstances, Sonder will contact you and try to arrange for suitable alternative accommodations during the Accommodation Period. In the event Sonder is unable to assist in finding suitable alternative accommodations during the Accommodation Period, Sonder will credit you with a full refund. Sonder, the Host and any Third Party Suppliers shall have no responsibility or liability as a result of a cancellation of a Booking.
- The Host agrees with you that notwithstanding the provisions of the terms set out above, in the event that you cancel a Booking due to exceptional circumstances beyond your reasonable control and Sonder (at its discretion) recommends that you receive a full or partial refund, then the Host will honor such recommendation.
- It is a condition of a booking made through Sonder that all of Sonder’s Rules (including in relation to the appointment of Third Party Suppliers) and the terms of the Guest Services Agreement are complied with in full by both parties. Any failure by either you or the Host to comply with Sonder’s Rules, the Guest Services Agreement, including any failure to allow Third Party Suppliers to supply services, will permit the non-breaching party to terminate this Agreement without liability (and without prejudice to any other rights and remedies pursuant to this Agreement).
- The Host agrees with you that in the event that you cancel a Booking due to any failure on the part of the Host to comply with Sonder’s Rules (or any agreement between the Host and Sonder) or to engage appropriate Third Party Suppliers or due to the mis-description of the Accommodation or other act or omission of the Host, and if Sonder (at its discretion) recommends that you receive a full or partial refund, then the Host will honor such recommendation (without prejudice to any other rights you may have under this Agreement).
- In the event that the Accommodation becomes unavailable for the whole or any part of the Accommodation Period and you do not accept a suitable alternative accommodation which is offered to you, then you are entitled to cancel the Booking, and the pre-payment will be refunded to you, but neither the Host nor Sonder nor any of the Host’s and Sonder’s Third Party Suppliers will be liable to you for any further amounts in respect of the cancellation of the Booking.
Fees and Charges
- You agree to pay the Accommodation Fees as set out in the Booking without deduction, counterclaim or set off. You also agree to pay the cost of any damage, destruction or loss to the Accommodation or its contents and to pay any fees, costs and expenses (including lawyers’ fees and disbursements) incurred by the Host, Sonder or any of Sonder’s or the Host’s Third Party Suppliers as a result of your failure to vacate the Accommodation on a timely basis at the end of your Accommodation Period, including, without limitation, as a result of loss of a subsequent booking for the Accommodation for the period following your Accommodation Period.
- The Accommodation Fees set out in the Confirmation of Booking will include the fees payable with respect to the Accommodation only and all taxes payable with respect thereto.
- By accepting the terms and conditions of this Agreement, you agree to pay the Accommodation Fees in full and Sonder will collect such amount as set forth in the Booking by charging your credit or debit card provided to Sonder.
- Your prepayment will be collected and paid as set forth above under Booking and Cancellation. If you fail to check-in to an Accommodation on the date of commencement of your Accommodation Period, then for the avoidance of doubt, you will be responsible for payment of the entire Accommodation Fees for the Booking (and all taxes due with respect thereto) and Sonder will charge such sums to the credit or debit card which you supplied when making the Booking.
- In addition to the fees and charges for the Accommodation, Sonder will also collect and remit to applicable governmental authorities all taxes applicable (by way of example only: goods and services tax, sales tax and value added tax) to your purchase of the Booking from the Host and use and occupancy of the Accommodation. Neither Sonder nor any of its Third Party Suppliers will be responsible for any income taxes payable by the Host as a result of its receipt of fees for use and occupancy of its premises by you.
Credit Card Authorization
- When you commence your stay at the Accommodation, Sonder will pre-authorize an amount from a credit or debit card account supplied by you (which may be different from the card/account you supplied when booking) and the Host will be entitled to make charges against this credit or debit card through Sonder in the event of any damage to the Accommodation or its contents, or in the event of late check-out or overstaying.
- The check-out time at the Accommodation is as stated in the Booking. Unless your Host has agreed to a later check-out as part of your Booking or has expressly agreed in writing to an extension or a further period of occupancy which has been confirmed by a subsequent Confirmation of Booking, then you will be responsible for a full day’s Accommodation Fee for any overstaying past the check-out time on the day of your departure. If you overstay by more than two (2) hours then the Host reserves the right to enter, or cause Sonder or other authorized agent to enter, the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary or appropriate (and you will be charged for the costs of any such action which will be charged against the debit or credit card account that you provided at check-in). In addition, you will be responsible for an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that you overstay, as well as any other damages, fees, costs or expenses (including lawyers’ fees and disbursements) incurred by the Host, Sonder or any of its Third Party Suppliers, including without limitation, as a result of loss of a subsequent booking for the Accommodation or finding alternative accommodations for any subsequent guest who had a booking for the Accommodation for all or any part of the time that you overstayed.
Safety and Conduct
- You have primary responsibility for your own safety and for the safety of anyone that you allow in, on or around the Accommodation during your stay. You must read any fire or health and safety rules and regulations which are provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the Accommodation to the attention of the Host and/or Sonder and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.
- If you become aware of anything during your stay which you believe is a health and safety risk, you must inform the Host and Sonder immediately. Your Host, Sonder and their respective Third Party suppliers will have access to the Accommodation at all times during your stay to address any such issues.
- You must comply with Sonder’s Rules, the Guest Services Agreement and you must also comply with any building regulations and Host rules and any reasonable directions of the Host, Sonder and their respective Third Party Suppliers. The Host’s rules will be supplied to you when you check-in.
- You may not allow any person other than the person(s) named in the Booking to occupy the Accommodation at any time, except the number of additional guests as may be specified in the Booking. This Agreement is personal to you and may not be transferred or assigned to any other person(s). The Host will not allow any person other than the person(s) named in the Booking to access or occupy the Accommodation, unless requested in writing and approved in writing by Host and/or Sonder.
- The Booking may specify the maximum permitted number of guests who are authorized to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation, you will be liable to pay a supplement of up to 100% of your effective daily rate in respect of each unauthorized guest and the Booking may be terminated immediately.
In addition to complying with Sonder’s Rules, the Host’s rules and any rules of their respective Third Party Suppliers, you also agree that you will:
- keep the Accommodation clean and tidy and leave the Accommodation in the same condition as you found it;
- not keep or take any pets or animals into the Accommodation (unless otherwise agreed with the Host and/or Sonder and specified as pet-friendly in the Confirmation of Booking);
- not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach (in whole or in part) of any insurance in effect with respect of the Accommodation from time to time;
- if the Accommodation is part of a building or complex with common areas, not obstruct or leave any objects or waste in any common areas;
- not leave any obstruction outside of the Accommodation;
- not do or permit to be done in, on or around the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighbouring property including (but not limited to) playing loud music or musical instruments, smoking, dancing, entertaining at the Accommodation or moving furniture;
- not conduct any illegal activity in, on, around or from the Accommodation;
- not conduct any business or commercial activity whatsoever in, on, around or from the Accommodation;
- not make any change, modification, alteration or addition whatsoever to the Accommodation or its contents;
- not use the Accommodation for any purpose other than for personal accommodation;
- not invade the privacy of the Host or the Host’s neighbours, if any, or publish or reveal anything which might allow a third party to identify the address of the Accommodation property or the identity of the Host or the Host’s neighbours, if any, or any personal information regarding the Host or the Host’s neighbours, if any, or the Accommodation (even if such information is already in the public domain).
- acknowledge and obey the Host’s rules and be mindful of potential risks including without limitation, balconies, swimming pools, hot tubs, trampolines, fitness equipment and other recreational equipment.
You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which are locked or otherwise barred from access. You may be subject to a charge for any attempt to open any lock. You hereby defend, indemnify and save harmless the Host, Sonder and their Third Party Suppliers, their respective parents, subsidiaries and affiliates, and their respective directors, officers, employees, contractors, heirs, administrators, representatives, successors and assigns in respect of any and all costs, claims, damages, liabilities, and expenses, (including, without limitation lawyers’ fees and disbursements) suffered or incurred by the Host (or the Host’s agents) or any of the foregoing parties arising out of or relating to a breach or alleged breach by you of this Agreement, including without limitation this paragraph 6. In the event of breach or alleged breach, your account with Sonder may be terminated in accordance with Sonder’s Rules.
- A written or video inventory may have been taken prior to the commencement of your stay. You must notify your Host or Sonder of any damage to the Accommodation, contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.
- If you do not notify the Host or Sonder of any such damage you will be fully responsible for such damage on a full replacement cost basis.
- You have authorized the Host or Sonder to charge any property damage for which you are responsible to the credit or debit card account supplied by you. Any charges for property damage will be charged to such credit or debit card account which you have supplied. You acknowledge that pursuant to the provisions of this Agreement relating to Credit Card Authorization above, Sonder and/or the Host has obtained a pre-authorization for such charges as noted above.
Liability and Claims
- Any claims made by you under this Agreement must be made initially through Sonder. In accordance with Sonder’s Rules and the Guest Services Agreement, Sonder has the authority to negotiate and settle claims between you and the Host. If you notify Sonder within fourteen (14) days after making such a claim through Sonder that, in your opinion, the dispute has not been satisfactorily resolved, then Sonder is authorized to provide you with the Host’s details so that you may thereafter pursue the claim directly with the Host.
- The Host will not have any liability for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of or in connection this Agreement, the Accommodation or the Booking (whether such loss arises as a result of negligence, breach of contract, tort or otherwise by the Host or any agent or third party providing services on behalf of the Host). Please note that neither Sonder nor any of its Third Party Suppliers is a party to this Agreement. Sonder’s Rules, the Guest Services Agreement and your agreement with any Third Party Supplier set forth your relationship with each of the foregoing and the limitations of liability relating thereto. Subject to any exceptions set forth in applicable law, the Host’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the cost of obtaining a replacement accommodation for the agreed Accommodation Period or the amount of the Accommodation Fees and charges payable by you, whichever is the higher amount. The Accommodation is a private residence and Hosts are not responsible for any accidents, injuries, illness and deaths that occur on, in, around or from the Accommodation or for any loss of your personal belongings or valuables. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.
- You agree to defend, indemnify and save harmless the Host and Sonder, their respective parents, subsidiaries and affiliates and their respective directors, officers, employees, contractors, heirs administrators, representatives, successors and assigns harmless from and against any and all liability, claims, loss, property damage or expenses (including lawyers’ fees and disbursements) arising by reason of any injury, death or damages sustained by any person, or to the property of any person, including you or the Host or any visitors or invitees whom you permit to enter the Accommodation or the premises of which the Accommodation is a part, where such injury death or damage is caused by your negligent or intentional act or omission, or by any such visitors or invitees.
- If Host and/or Sonder is required to engage legal counsel to enforce the conditions of this Agreement or the Host’s rules or Sonder’s Rules or the Guest Services Agreement, to collect any amounts due, to remove you or your belongings from the Accommodation, you shall be responsible for all lawyers’ fees and disbursements incurred in connection with the foregoing.
- You agree that you have the full power and authority to enter into this Agreement.
- You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to the Host and/or Sonder against any amounts that may be owed to you.
- The Host and/or Sonder will be entitled to assign or sub-contract their obligations under this Agreement. You may not assign this Agreement.
- The Host will not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure was due to any cause beyond its reasonable control such as severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, Acts of God, terrorism war and civil unrest or other similar events of force majeure.
- This Agreement represents the entire agreement between you and the Host and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise.
- The parties agree that the terms of this Agreement are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
- This Agreement shall be governed by and construed in accordance with the laws of Canada. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of Canada, for any and all disputes between you and the Host arising out of this Agreement or the Accommodation.
- If you breach the terms and conditions of this Agreement and the Host takes no action or fails to take action on a timely basis, the foregoing shall not be deemed a waiver by the Host of its rights under this Agreement and the Host will be entitled to take action and enforce its rights and remedies for such breach.
- Sonder and each of its Third Party Suppliers is a third party beneficiary of this Agreement and may rely upon this Agreement and enforce this Agreement to the extent necessary to enforce their respective rights and perform their respective obligations under Sonder’s Rules, the Guest Services Agreement and any agreements between you and such parties.