OUTDOORS BY OWNER, INC.
August, 2022
These are the Payment Terms and Conditions of Service (“Payment Terms”) of Outdoors by Owner, Inc. (for convenience, hereinafter “OBO”). These Terms are incorporated by reference in OBO’s Terms and Conditions. A violation of these Terms will be deemed a violation of OBO’s Terms. Any capitalized word used herein which is not defined, shall have the same meaning set forth in OBO’s Terms.
These Payment Terms are the binding legal agreement between you and OBO that govern how payments are conducted through or in connection with the OBO Suite. When these Payments Terms mention “OBO” “we,” “us,” or “our,” it refers to the OBO company you are contracting with for Payment Services.
OBO, via third-parties such as Stripe and Paypal provides payment services to Owners utilizing the OBO Suite. These payment services may include the following (collectively, “Payment Services”):
1.1 OBO Payment Services. By accepting or agreeing to accept Payment Services, you agree to comply with these Payments Terms. OBO may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. OBO will provide notice to Users of any changes to the Payment Services where such changes materially alter Users’ contractual obligations.
1.2 Third Party Providers. The Payment Services may be provided by or contain links to third-party websites or resources (“Third Party Provider”). Such Third Party Providers may subject you to different terms of service and privacy policies. Please review all Third Party Provider Terms of Service. OBO is not responsible or liable for the use or misuse of or by Third Party Providers.
1.3 Your OBO Account.. You acknowledge and agree that anyone you authorize to use your OBO account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person, entity, or third party.
1.4 Verification. You authorize OBO, directly or through third parties, to make any inquiries we consider prudent to verify your identity and information you provide. Through this authorization OBO may, but shall have no obligation to, verify certain information. These verifications may include (i) screenings against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking to provide a form of government identification. OBO reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
2.1 Adding a Payment Method. When you add a Payment Method, you will be asked to provide billing information such as name, billing address, and other information either to OBO or its third-party payment processor(s). You authorize OBO and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method, OBO may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your OBO account so it can be used for a future transaction. You can remove the Payment Method from your OBO account as long as it is not associated with an active or future reservation.
2.3 Payment Authorization. You allow OBO to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due including any applicable taxes in connection with your use of the OBO Suite, including claims for damages as contemplated herein and in OBO’s Terms.
2.4 Timing of Payment. OBO generally charges the Total Price due after the Owner accepts your booking request. OBO may offer alternative options for the timing and manner of payment.
2.5 Currency. OBO will process each transaction in United States Dollars (“USD”)
2.6 Payment Restrictions. OBO reserves the right to decline or limit payments that we believe (i) may violate these Payment Terms or OBO’s Terms, (ii) are unauthorized, fraudulent or illegal; or (iv) expose you, OBO, OBO, or others to risks unacceptable to OBO.
2.7 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and OBO is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.8 Your Payment Method, Your Responsibility. OBO is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
3.1 Payment Collection. OBO generally collects the Total Price of a booking at the time the Renter’s booking request is accepted by the Owner, unless noted otherwise.
3.2 Valid Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your OBO Suite account. When you add a Payout Method to your OBO account, you will be asked to provide information such as name, government identification, tax ID, billing address, and financial instrument information either to OBO 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 OBO requires for a valid Payout Method may change, and OBO may request additional information at any time; failing to provide requested information may result in OBO temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize OBO to collect and store your Payout Method information. OBO may also share your information with governmental authorities as required by applicable law.
3.3 Payout timing. Subject to and conditional upon successful receipt of the payments from Renter, OBO will generally initiate Payouts to your registered Payout Method. OBO will generally initiate Payouts within twenty-four (24) hours of Renters checking in to your Accommodation. OBO may, but shall have no obligation to, initiate a partial Payout prior to the Booking for any portion of the Payout OBO deems appropriate to pay, in its sole discretion.
3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees and taxes, as. In the event of cancellation of a confirmed booking, OBO will remit the amount you are due, as provided in the OBO Terms, Fees and Taxes Policy, and Cancellation Policy.
3.5 Payout Restrictions. OBO 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, OBO may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to or arising from arising from a Force Majeure Event.
3.6 Limits on Payouts. For compliance or operational reasons, OBO may limit the amount of a Payout. If you are due an amount above that limit, OBO may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.7 Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and OBO is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.
3.8 Handling of Funds. OBO may combine amounts that it collects from Renters and invest them as permitted under applicable laws. OBO will retain any interest it earns on those investments.
3.9 Your Payout Method, Your Responsibility. OBO is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
4.1 Each Owner hereby appoints OBO as the Owner’s payment collection agent solely for the limited purpose of accepting and processing funds from Renters purchasing Owner Services on the Owner’s behalf.
4.2 Each Owner agrees that payment made by a Renter through OBO, shall be considered the same as a payment made directly to the Owner, and the Owner will provide the Owner Service booked by the Renter in the agreed-upon manner as if the Owner has received the payment directly from the Renter. Each Owner understands that OBO’ obligation to pay the Owner is subject to and conditional upon successful receipt of the associated payments from Renter. In accepting appointment as the limited payment collection agent of the Owner, OBO assumes no liability for any acts or omissions of the Owner.
4.3 Each Renter acknowledges and agrees that, notwithstanding the fact that OBO is not a party to the agreement between you and the Owner(s), including each Owner Team User, OBO acts as each Owner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Owner(s). Upon a Renter’s payment of the funds to OBO, the Renter’s payment obligation to the Owner(s) for the agreed upon amount is extinguished, and OBO is responsible for remitting the funds successfully received by OBO to the Owner(s) in the manner described in these Payments Terms. In the event that OBO does not remit any such amounts, the Owner(s) will have recourse only against OBO and not the Renter directly.
5.1 Fees. OBO may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms, the Fees and Taxes Policy, or via the OBO Suite.
5.2 Payment Authorizations. You authorize OBO to collect from you amounts due pursuant to these Payment Terms and/or OBO’s Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in the OBO Suite (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout.
5.3 Collections If OBO is unable to collect any amounts you owe under these Terms and OBO’s Terms, OBO may engage in collection efforts to recover such amounts from you.
5.4 Payment Processing Errors
5.4.1 OBO may take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by OBO or a third party such as your financial institution.
5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to OBO.
5.5 Refunds
5.5.1 Any refunds or credits due to a User will be initiated and remitted by OBO in accordance with these Payments Terms.
6.1 If OBO determines that you are responsible for Damage Claim amounts, pursuant to OBO’s Terms, you authorize OBO to charge the Payment Method used to make the booking in order to collect Damage Claim amounts.
6.2 You agree that OBO may seek to recover from you under any insurance policies you maintain and that OBO may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to a Damage Claim.
7.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to breach or circumvent any applicable laws or regulations; breach or circumvent any agreements with OBO or third parties; register or use any Payment Method or Payout Method with your OBO account that is not yours or you do not have authorization to use; steal or attempt to hack any portion OBO’s website including payment portals; violate the rights of any other Users, persons, or entities.
7.2 You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List.
OBO shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of OBO, 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.
9.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
9.2 Notwithstanding OBO’ appointment as the limited payment collection agent of Owners, OBO explicitly disclaims all liability for any act or omission of any User or other third party. OBO does not have any duties or obligations as agent for each Owner except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
9.3 If we choose to conduct identity verification on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
9.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
Neither OBO (including its employees, contractors, affiliates, and vendors) nor any other party involved in any portion of the services rendered pursuant to these Payment Terms will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the Payment Terms, actual payments\ payouts or lack thereof, or OBO’s Terms, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not OBO has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Owners under these Terms and OBO’s Terms, in no event will OBO’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Users, or your use of or inability to use the OBO Suite, any Content, or any Owner Offering, exceed: (A) to Renters, the amount you paid as a Renter during the 12-month period prior to the event giving rise to the liability, (B) to Owners, the amount paid to you as a Owner in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars ($100).
These limitations of liability and damages are fundamental elements of the agreement between you and OBO. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at OBO’s option), indemnify, and hold OBO (including OBO employees, contractors, other affiliates, and other affiliate’s personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees and costs of court, arising out of or in any way connected with: (i) your breach of these Payment Terms (including any supplemental or additional terms that apply to a product or feature); (ii) your improper use of the OBO Suite, (iii) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (iv) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
12.1 Modification. Except as otherwise required by applicable law, OBO may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective.If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
12.2 Term. This agreement between you and OBO reflected by these Payment Terms is effective when you create an OBO account or use the Payment Services, and remains in effect until either you or we terminate this agreement in accordance with these Payment Terms and OBO’s Terms.
12.3 Suspension and Other Measures. OBO may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the OBO Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if OBO believes in good faith that such action is reasonably necessary to protect the personal safety or property of OBO, its Users, OBO, or third parties, or to prevent fraud or other illegal activity.
12.4 Effect of Termination. If you cancel your OBO account as a Owner or OBO takes any of the measures described above, OBO may provide a full refund to any Renters with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were canceled. If you cancel your OBO account as a Renter, OBO will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new OBO account or attempt to access and use the Payment Services through an OBO account of another User.
12.5 Survival. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.
These Payment Terms will be interpreted in accordance with the laws of the State of Georgia. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement these Terms must be brought in either State Court in Glynn County, Georgia or Federal Court in the Southern District of Georgia, Brunswick Division.
Agreement to Arbitrate. You and OBO mutually agree that any dispute, claim or controversy arising out of or relating to these Payment Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services will be settled by binding individual arbitration, under the OBO Terms’ Arbitration Agreement, which is expressly incorporated herein by reference.
If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and OBO agree that the arbitrator will decide that issue.
15.1 Interpretation. Merger. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between OBO and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between OBO and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
15.2 No Waiver. Remedies Cumulative. OBO’s failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
15.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without OBO’ prior written consent. OBO may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice.
15.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by OBO via email or OBO Suite notification.
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
16.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
16.2 You and your Representative individually affirm that you are authorized to provide the information described in these Payment Terms and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
16.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
16.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with OBO for Work, as permitted by your account, you authorize OBO to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
16.5 For any Payout Method linked to your OBO account, you authorize OBO to store the Payout Method, remit payments using the Payout Method for bookings associated with your OBO account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
OBO is committed to providing absolute transparency regarding the assessment and collection of Fees and Taxes. For more information on how payments and payouts work, see OBO’s Terms and Payment Terms.
This is the Fees and Taxes Policy of Outdoors by Owner, Inc. (for convenience, hereinafter “OBO”). This Fees and Taxes Policy is incorporated by reference in OBO’s Terms and Conditions. A violation of this Policy will be deemed a violation of OBO’s Terms. Any capitalized word used herein which is not defined, shall have the same meaning set forth in OBO’s Terms. Any Modification to this Policy will be promulgated pursuant to OBO’s Terms and Payment Terms.
DEFINITIONS:
OBO Service Fee: The Service Fee is what OBO charges Owners and Renters. This fee allows OBO to operate our business, provide customer support, and continue to improve the OBO Suite. Because OBO is committed to providing a smooth and transparent experience for Users, we also include our Third Party Providers’ (Stripe and Paypal) payment processing fees in the Service Fee.
Nightly Rate: The amount charged by the Owner for the Owner’s Services for one night in the Accommodation.
Other Fees: These are amounts charged by Owners in addition to the Nightly Rate. These may include reasonable cleaning fees, pet fees, and fees for additional guests staying in the Accommodation beyond the number of guests included in the Nightly Rate. All Other Fees must be clearly published by the Owner in the Listing.
Taxes: Taxes, for the purposes of Bookings, are the total of any state and local taxes applicable to the Booking. Depending on your jurisdiction, these Taxes may be called sales and use tax, lodging tax, occupancy tax, bed tax or any other accommodation based tax or fee. OBO endeavors to account for all applicable taxes at the time of Booking, but Owners are responsible for ensuring that the appropriate taxes are assessed. OBO may collect and remit all or a portion of the taxes owed per booking, depending on the laws of the jurisdiction and\or any contractual agreement OBO may have with any particular jurisdiction.
Subtotal Price: The Subtotal Price is: (Nightly Rate x Number of Nights) + Other Fees.
The Subtotal Price does not include the Service Fee or Taxes.
Total Price: The Total Price is the total amount a Renter will pay for a Booking. The Total Price is: Subtotal Price + Service Fee + Taxes.
RENTERS’ SERVICE FEE (1-13 NIGHTS): 13%
Renters utilizing the OBO Suite are subject to a Service Fee of thirteen percent (13%) of the Subtotal Price for stays of thirteen (13) nights or less.
RENTERS’ SERVICE FEE (14+ NIGHTS): 10%
Renters utilizing the OBO Suite are subject to a Service Fee of ten percent (10%) of the Subtotal Price for stays of fourteen (14) nights or more.
OWNERS’ SERVICE FEE (Commission): 3%
Owners utilizing the OBO Suite are subject to a Service Fee of three percent (3%) of the Subtotal Price. Owners must register and maintain a Payout Method that is compatible with OBO’s Payment Services.
TAX COLLECTION AND REMITTANCE:
OBO may collect and remit all or a portion of the taxes owed per booking, depending on the laws of the jurisdiction and\or any contractual agreement OBO may have with any particular jurisdiction.
Regardless of the amount of Taxes collected at the time of Booking, Owners are responsible for all Taxes owed to taxing authorities, where such taxes are not the legal obligation of OBO. If you have any questions about tax collection and remittance for your jurisdiction(s), please email [email protected] to learn about our policy and consult your tax professional with the information provided. OBO does not provide tax advice or guidance.
