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Rhoming Terms of Service

Terms of Service

Last Updated: December 20, 2022

Thank you for using RHOMING for your mid-term rental needs.

In order to use the payment functionality of RHOMING application, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service.  You authorize RHOMING to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data.  You understand that you will access and manage your Dwolla account through RHOMING application, and Dwolla account notifications will be sent by RHOMING, not Dwolla. RHOMING will provide customer support for your Dwolla account activity, and can be reached at gorhoming.com/home/contact_us, email at info@gorhoming.com and/or call 1-800-940-3879.

These Terms of Service (“Terms”) are a binding legal agreement between you and RHOMING that govern your right to use the websites, applications, payment provider facilitation services and other offerings from RHOMING (collectively, the “RHOMING Platform”). When used in these Terms, “RHOMING,” “we,” “us,” or “our” refers to RHOMING, LLC with whom you are contracting.

The RHOMING Platform offers an online platform that enables users (“Members”) to publish, offer, search for, and book furnished housing or “accommodations.” Members who publish and offer accommodations are “Hosts” and Members who search for, book, or use accommodations are “Guests”, “Applicants” or “Rhomers.” Hosts offer Accommodations (“Accommodations”), and each Host offers, a “Listing” for their Accommodation(s). You must register an account to access and use many features of the RHOMING Platform and must keep your account information accurate and in good standing. As the provider of the RHOMING Platform, RHOMING does not own, control, offer or manage any Listings or Properties. RHOMING is not a party to the contracts entered into directly between Hosts and Rhomers, nor is RHOMING a real estate broker, travel agency, Property Manager, or insurer. RHOMING is not acting as an agent in any capacity for any Member. However, RHOMING does aid in the processing of rental payments through the payment provider services provided for Members of the platform to collect payments, security deposits and other fees as specified in the Payments Term of Service (“Payment Terms”). To learn more about RHOMING’s role see Section 15.

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment provider services facilitated by RHOMING.

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 Listing. This includes applicable taxes, and fees required by your county, state, municipality or other regulatory or governing entity or jurisdiction. RHOMING does not collect or file taxes applicable with the accommodation as part of the booking services.

Table of Contents

Our Mission

Guest Terms

 

1. Searching and Booking on RHOMING.

2. Guest Fees

3. Reservations

4. Booking Cancellations and Refunds, Early Lease Terminations, and Lease Extensions

5. Your Responsibilities and Assumption of Risk.

 

Host Terms

 

6. Hosting on RHOMING and the RHOMING Booking Fee

7. Managing Your Listing.

8. Booking Cancellations, Early Lease Terminations, and Lease Extensions

9. Taxes

 

General Terms

 

10. RHOMING’s Role

11. RHOMING Preferred Partner’s Role

12. Member Accounts

13. Reviews

14. Content

15. Fees

16. RHOMING Platform Rules

17. Reporting Violations

18. Copyright Notifications

19. Term, Account Termination, Member Violations, and Legal Mandate

20. Modifications to Terms and Conditions

21. Damage Claims and Security Deposits

22. Failure to Pay Rent

23. Disclosure of Warranties

24. Limitations of Liability

25. Indemnification

26. United States Governing Law and Venue

27. United States Dispute and Resolution and Arbitration Agreement

28. Survival

29. Miscellaneous

 

 

 

Our Mission

 

Our mission is to create opportunities where work, life, and travel coexist. Our platform exists to offer Guests a place to call home no matter where they decide to stay by connecting them to accommodations fit for longer term stays (minimum 30 days) and many with remote work in mind. Whether a Guest seeks to explore a big city for several months, would like to spend the entire summer with their family on a lake or in a cabin, or are relocating to a new city and need somewhere to call a home base while they find their new home, RHOMING properties offer the conveniences of home for the duration Guest(s) need. Guests can learn more about a Listing by reviewing the description and photos, and through guest reviews to ensure it meets their needs. If Guest(s) have specific questions about a property or rules and/or policies pertaining to that property, the Guest should message the Host through the RHOMING platform.

 

Guest Terms

 

1. Searching and The Booking Process. The RHOMING platform allows Guests to search for accommodations that fit their needs through various filters and search features and book them through a ratified lease. The Booking Process includes an application and approval process to obtain a lease, if approved by the Host.

 

1.1 Searching. You can search for Accommodations by using criteria like the type of property, location, travel dates, number of guests, and whether or not they are pet-friendly. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, number of bedrooms, Host requirements (e.g. minimum or maximum nights), and more.

 

1.2 The Booking Process

 

When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, security deposit, applicable pet fees, and rent (collectively, “Total Price”). You are also agreeing to utilize the RHOMING Payment provider Center on your Member dashboard to collect any payments, fees, or rents associated with your booking (as defined in the Payment Terms).

 

The Booking Process includes the following steps:

1)   Find a Property. Find a Listing that fits your needs. Gather any additional details needed from the Host (if needed) about the Listing or any associated fees, deposits, rent or approval requirements.

2)   Submit an Application. The application process includes identity verification, background check, credit check, and proof of funds. RHOMING’s 3rd Party Contractor for your designated state (also known as “RHOMING’s Preferred Partner”) will facilitate the Tenant Screening and gather any required documents. Guest(s) should submit any documents requested by RHOMING’s Preferred Partner immediately to not delay the approval process. There is an associated Administration Fee required for each Guest over the age of 18 that will reside in the home that applies for each application request. This must be paid by the Guest(s) through RHOMINGS Payment Provider Center on the Member dashboard before the Application Process can begin (See section 2.1 of these terms).

3)   Application is Processed. RHOMING’s Preferred Partner will review your application and submit a summary of findings to the property Host. The Host will provide approvals for all booking requests and/or denials in accordance with these terms and Fair Housing and Tenant Screening laws, rules, and regulations.

4)   Sign Lease. Upon Host approval, and mutual agreement to Listing terms by the Guest and Host, a lease will be sent to Guest(s) and Host to sign and create a ratified Lease Agreement for the term requested. RHOMING nor their Preferred Partner makes the Approval decision and is not responsible or liable for any applicants that are denied.

5)   Pay Deposit and Associated Fees. The security deposit and any applicable pet fees must be paid immediately upon lease execution and no later than 72 hours after a ratified lease is in place or the lease may become null and void, solely at the Host’s discretion (See Section 2.2). The administration fee will remain non-refundable.

6)   Enjoy your Stay. You will receive move-in instructions for accessing the home prior to your stay. You will also have contact information for the Host or their designee available to you as outlined in your lease agreement. Enjoy your stay!

 

2. Guest Fees

 

2.1 Administration Fees.  An Administration fee is required per adult Guest over the age of 18 that will be residing at the property. This administration fee covers the cost for tenant screening which may include any, a combination of, or all the following: Identity check, background check, credit check, employment verification, income verification, proof of funds, and/or verification of references. Administration Fees are non-refundable, except in the following circumstances:

 

(i)             Host verified calendar availability in error, and it was not identified until after Tenant Screening was already completed and Tenant is not able to request booking of alternate housing of their choice on the Platform within 7 days of initial approval.

(ii)           Failure to receive approval/denial of application in a timely manner in accordance with these terms.

 

Tenant screenings are valid for 7 days. Thus, if Guest(s) are not approved at one property, or there is a delay by the Host exceeding the terms of this Agreement, within 7 days from the date of non-approval, the Guest(s) may apply to another property on the RHOMING Platform without the need to pay an additional administration fee. Denial for valid reasons are not subject to a refund of the Administration Fee.

 

2.2 Move-In Fees. Security deposits and any applicable pet fees are due immediately and no later than 72 hours from the date of the fully executed lease. If such deposits are not received within 72 hours, at the sole discretion of the Host(s), the lease becomes void and the property can be rented to another party immediately after 72 hours. The Host would have to make the decision to void the lease in writing to RHOMING and communicate this to the Guest via the RHOMING Message Center citing “failure to pay deposit within the Terms.” Time extensions for the Security Deposit can be granted solely by the Host but must be paid prior to move-in. Hosts are not obligated to offer time extensions for any monies due for their property but it is at their discretion.

 

First Month’s rent and any applicable pro-rated rent is required prior to the move-in date and prior to obtaining access to the property. Host will provide access only after all required and applicable deposits, fees, and rent are collected in accordance with these terms and the executed rental agreement,

 

2.3 Security Deposits. Security Deposit amounts listed are set by the Host. Security deposit amounts may vary dependent on the lease duration and is set solely by the Host. Hosts may change the minimum security deposit amounts dependent on lease duration, credit score, time of year, rental market variations, or any other personal reason(s). Guests should verify through the Host(s) the required minimum security deposit as actual deposits collected may vary. Host also reserves the right to change the required security deposit amount after tenant screening.

 

Security Deposits are collected by the Host via the RHOMING Platform Payment Provider Center. (See RHOMING Payment Terms) Hosts are required to hold security deposits in accordance with all local, state, Federal rules and regulations and authorities with jurisdiction over housing, fair housing, and Landlord and Tenant relationships. Security deposits or portions thereof are generally returned within 30 days after the Guest(s) vacate the property or after the last date of the lease term in accordance with the same rules and regulations, however this return period may vary. Host should be aware and follow their state’s laws, rules, and regulations regarding the return of security deposits. We encourage Hosts to return security deposits or portions thereof as soon as reasonably possible after move-out inspection and prior to move-in of next guests.

 

2.4 Pet Fees. Pet Fees required are listed and set by the host. Whether the fee is refundable or not is also set by the Host. Pet fees may be per pet or all inclusive. Guest(s) should verify pet fees with Hosts prior to booking. Pet Fees are collected by the Host via the RHOMING Platform Payment Provider Center. (See RHOMING Payment Terms) Pet Fees are due at the time of booking along with the security deposit to confirm the booking and reservation in accordance with Section 2.2 of this document (“Booking”) or the Lease may be deemed void at the sole discretion of the Host in writing If deemed null and void, Host is to inform RHOMING in writing at customersupport@goRhoming.com. Administration Fees will not be refunded to Guests. A cancellation fee of $100 will apply to the Guest and billed through the RHOMING Payment Provider Center.

 

2.5 Move-In Rent Due. If the Guest’s move-in date is on or before the 15th of any month, the first monthly rent payment will be the pro-rated rent for the month of move-in. If the Guest’s move-in date is after the 15th of the month, the Guest is required to pay the pro-rated rent of their first month plus the next full month’s rental payment. This move-in rent must be paid prior to Guest move-in or gaining access to the Accommodation or property by the Host.

 

2.6 Monthly Rent. The monthly rent is due on the first of each month and must be paid through the RHOMING Payment Provider Center found on the Member Dashboard. The minimum monthly payment due must be paid at this time and will be displayed on the dashboard. Guest(s) are required to set up and connect their payment accounts to facilitate the rental payments and agree to do so by using the RHOMING Platform (See RHOMING Payment Terms). The grace period for rent payments is stated on the signed lease agreement, after the grace period, if any, late fees may apply. Guest(s) agree to make timely monthly rent payments.

 

2.7 Cancellation Fee.  If Guest fails to pay the Security Deposit and any associated Pet Fees as stipulated in section 2.2 of these Terms, and a Host chooses not to provide an extension and make the lease null and void, the Guest will be charged a cancellation fee of $100 for Failure to Pay their security deposit and fees on time. This will allow Host to open the dates for booking and also releases Guest from the terms of the lease. Making the rental lease agreement null and void is at the sole discretion of the host and is only allowed for failure to pay the Security deposit and associated pet fees within the required time frame. If a Host chooses not to provide an extension, the Guest will be liable for the full amount of the rent and all associated fees as stated in their lease agreement. Host has the right to seek any legal recourse to obtain unpaid rent and associated fees.

 

3. Reservations.  When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host through the execution of a ratified lease prepared by a RHOMING Contractor. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation including without limitation, any other rules, standards, policies, or requirements identified in the Listing and on the Lease including any additional addendums attached to the lease. This may include items such as a check-out checklist with final cleaning requirements, Homeowner’s Association Covenants and Restrictions, and Homeowner House Rules. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to signing your lease and to abide by them as written and agreed with your signature. Be aware that a signed lease is a legal and binding contract. There is no cancellation policy. However, some hosts do allow early termination with required notice and applicable fees as stated in their lease agreement (see section 4.2 of these Terms).

 

4. Booking Cancellations and Refunds, Early Lease Terminations, and Lease Extensions

 

4.1 Cancellations and Refunds. Leases may not be canceled. Therefore, refunds do not apply to leases and RHOMING does not issue refunds for any changes after a lease is fully executed and signed by all parties. Some Hosts do allow Guests to terminate their lease early with required minimum notice and potential fees and penalties. It is the Guest’s responsibility to be aware of their policy and follow all requirements stated in their signed lease agreement.  If you are unable to make your stay, you are still legally liable for the full amount as specified in your lease agreement once it is signed or executed.  

 

The only time a lease can be cancelled (or become null and void) is if Guest(s) fail to pay the security deposit and associated fees within the required time frame and a Host chooses not to extend this time frame and terminate the lease at their discretion to allow for booking of their property by another party.

 

4.2 Early Lease Termination.  There may be a clause in the lease agreement allowing for breaking of a lease under certain circumstances. Many times, a notice of a specified time (ex. 60-day notice) is required, and an early termination fee may apply. It is the responsibility of the Guest(s) to fully understand any early termination clause included in their lease. If a Guest(s) chooses any such Early Termination option in their lease, the communication for intent of Early Termination should be made directly to the Host in writing by the Guest per the terms and in accordance with the Lease Agreement. Once initiated, the Host shall be responsible for notifying RHOMING to set up the collection of the Early Termination fee via the RHOMING Payment Provider Center.

 

4.3 Lease Extensions. Guests and Hosts are responsible for any booking modifications they agree to make via the RHOMING Platform ("Booking Modifications") and agree to pay any additional amounts associated with any Booking Modification. RHOMING shall collect a Listing Fee for any additional dates extended or added to the original lease term.

 

In many cases, changes may be made to your lease through a lease addendum if agreed by all parties. Any requests for lease extensions should be made via the RHOMING Platform. Any changes, modifications, or addendums to an existing, fully executed lease are subject to a $75.00 Change Fee and shall be paid by the Guest(s) for preparation of the lease extension document. Upon payment of all outstanding Change Fees the RHOMING Contractor will then draft a lease addendum to be executed by all parties before it is considered a new “booking.” All lease modifications, extensions, addendums, or changes shall be completed via the RHOMING Platform.

5. Your Responsibilities and Assumption of Risk.

 

5.1 Your Responsibilities. You are responsible and liable for your own acts and/or omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation for which you have signed a lease agreement. This means:

 

(i) You are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived. As there are no additional cleaning services charged (with the exception of excessive cleaning if appropriate move-out cleaning is not completed by the Guest(s) upon move-out).

(ii) You are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and

(iii) You must comply with applicable laws, including HOA covenants and restrictions, at all times as stipulated in your lease agreement.

(iv) You must treat others in a respectful manner and comply with RHOMING’s non-discrimination policy.

 

5.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the RHOMING Platform and any Content (as defined in Section 15), including your stay at any Accommodation, use of any Property listed on RHOMING, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Listing to determine whether it is suitable for you. There are many reasons why a property may not be suitable for a Guest, from location, to features, to amenities, to allowance for pets, and many more reasons not listed. For example, Accommodations with stairs may not be suitable for all Guest(s). By using the RHOMING Platform, you acknowledge that certain accommodations may even carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to sign a lease agreement for an Accommodation and hold RHOMING harmless of any risks, injury, or losses pertaining to your use of the Platform.

 

Host Terms

 

6. Hosting on RHOMING and the RHOMING Booking Fee

 

6.1 Host. As a Host, RHOMING offers you the right to use the RHOMING Platform to share your Accommodation with our community of Guests seeking mid-term rental stays - and earn additional revenue doing it by increasing your occupancy with a 30 dayminimum stay. It’s easy to create a Listing and you are in control of how you host and the prices you list - set your price, minimum security deposit, availability, and rules for each Listing. All listings and bookings must comply with the Fair Housing laws and regulation and any applicable Tenant Screening laws and regulations in your jurisdiction, and all other rules and regulations that apply to Property rentals and the Landlord-Tenant relationship.

 

6.2 Contracting with Guests. When you sign a lease for a property listed on the RHOMING Platform, facilitated by RHOMING 3rd Party provider, you are entering into a contract directly with the Guest, through a signed lease agreement and are responsible for delivering your Accommodations under the terms and at the monthly rental price specified in your signed lease agreement. Security deposits listed on the platform are open to variations dependent on tenant screening results and length of stay. You have the right to seek a different security deposit amount as you wish after receiving tenant screening results and considering the duration of the lease agreement. If you, as the Host, wish to seek a higher security deposit amount than that listed on the RHOMING Listing due to the results of the tenant screening, this must be communicated to the RHOMING 3rd Party upon approval/Denial Process as an approval with condition stating the amount you wish to increase of the security deposit.  

 

Note: Security deposits amounts can be listed as a minimum to maximum on the RHOMING platform or you can just set a minimum. It is up to you to decide if you want to list security deposit amounts by minimum or range. However, RHOMING encourages hosts to be as transparent as possible to make the experience as smooth as possible for Guests and to openly communicate with the Guest(s) via the Platform if the security deposit will need to vary dependent on term and screening results.

 

6.3. The RHOMING Booking Fee. You are agreeing to pay a RHOMING Booking Listing Fee for each booking secured on the RHOMING Platform (See RHOMING Payment Terms). There is no fee for simply listing your property on the platform. The fee only applies if the property is booked with a ratified executed lease agreement.

 

RHOMING will deduct the full listing fee for the term of the lease from the first rental payout unless we and you agree to a different method as agreed on the Payment Terms.

 

6.4 Independence of Hosts. Your relationship with RHOMING is that of an independent individual or entity and not an employee, agent, or partner of RHOMING, except that RHOMING acts as a payment provider facilitator for payments from Guest(s) to Hosts as described in the Payments Terms.

 

RHOMING does not direct or control your Accommodation, and you agree that you have complete discretion whether and when to provide Accommodations, and at what price and on what terms to offer them. The prices you agree to are confirmed on in the executed lease with your electronic signature. Payments will be collected in accordance with the signed lease agreement for your property booked on the RHOMING Platform.

 

7. Managing Your Listing

 

7.1 Creating and Managing Your Listing. The RHOMING Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Property including your minimum monthly rate, security deposit, pet fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate. It is understood per this agreement, that there may be changes made to the security deposit dependent on duration of lease and tenant screening results at the discretion of the Host.

 

RHOMING recommends that you obtain appropriate insurance for your property and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per property. Listing the same property on multiple accounts may get you and any associated properties removed from the platform.

 

7.2 Approving Guest(s) and the RHOMING Recommended Rental Criteria. RHOMING has set a recommended Rental Criteria for the approval of Guest(s) to aid in the tenant screening process. However, ultimate approval comes from the Host each and every time and Host may have and use their own rental criteria for screening tenant(s). The RHOMING Rental Criteria is simply a guideline based on RHOMING research for tenant screenings and considers furnishings, inclusion of utilities, standardizing credit criteria, and many other factors. RHOMING does not offer any type of guarantees to Hosts for using these criteria to screen potential Guest(s). Hosts acknowledge that this is simply a guideline and does not offer any guarantees and further acknowledges that they are allowed to set their own minimum criteria. Hosts are required to maintain consistent screening criteria in order to comply with the Fair Housing Act and associated Tenant Screening Acts for your state or jurisdiction.

 

The RHOMING Recommended Rental Criteria is as follows:

 

(i)             Identity Verification

(ii)           Background Check

(iii)           Credit Check with a minimum Credit Score of 620

(iv)           Proof of funds, or employment income of at least 2 times the monthly rental amount, or per diem or housing allowance to cover the monthly rent.

(v)           No previous evictions

7.3. Tenant Screening Process. After the calendar availability is confirmed with the host for requested dates, this will prompt the Tenant Screening Process to begin. This includes Rhoming collection of payment from Guest(s) for Tenant Screening and notification to RHOMING’s 3rd Party Contractor in the state where the transaction is taking place to perform the tenant screening to include identity verification for all adult Guest(s) over the age of 18, collecting background and credit reports and verifying proof of income through employment and/or banking information. A Summary of findings will be provided to the Host by the RHOMING 3rd party contractor including if the RHOMING Recommended Rental Criteria was met or not. The Host is then required to approve or deny the request for booking. Host also reserves the right to approve the booking on the condition of raising a security deposit if a criterion does not meet the RHOMING or the Host’s personal minimum criteria.

Note: The Host must be consistent with their rental criteria for applicant screening for all bookings to comply with the RHOMING non-discrimination policy as well as Federal and State driven Fair Housing and Tenant Screening laws, rules, and regulations. Host must provide a valid reason for denials in compliance with these laws to RHOMING to communicate to Guest(s). Failure to provide valid reasons for denial can lead to Listing or Membership suspension up to an including Permanent Termination of Member accounts and removal of associated Member Listings on the RHOMING Platform. In addition, Too many denials, especially those meeting rental criteria is against the RHOMING mission and the intent of the RHOMING experience and may also lead to the same result.

 

7.4 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing such as applicable HOA restrictions, licenses needed for 30 day or more stays (if applicable), any city local or state restrictions, and any other rules, laws or regulations that may apply. Some homeowner and condominium association rules, restrict or prohibit any type of rentals or may define the minimum duration of a lease allowed. It is your responsibility to know and maintain compliance with this and all other rental restrictions that apply to your property.

 

RHOMING does not verify the rules and regulations that apply to your property for compliance of those rules and regulations. In addition, some cities have zoning or other laws that restrict the “short-term rental” of residential properties and/or define the minimum number of nights required on your rental agreement so that a stay is no longer considered a short-term rental but where the mid-term rental category begins. Furthermore, some jurisdictions require Hosts to register, get obtain a permit, or obtain a license, before providing stays less than the minimum number of days as required by that jurisdiction. In some places, the type of rental property you want to offer may be prohibited altogether. There are also jurisdictions and or buildings or communities that require that you register Guests who stay at your property. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts after a certain number of nights. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to mid-term stays. Check your local rules to learn what rules apply to the type of listing you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you are ultimately and independently responsible to confirm your obligations.

 

You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.

 

7.5 Search Ranking. The ranking of Listings in search results on the RHOMING Platform depends on a variety of factors including:

 

·       Search parameters (ex. number of Guests, duration of the stay, price range, etc)

·       Listing characteristics (ex. price, calendar availability, reviews, type of accommodation offered, amenities, average Guest popularity, etc)

·       Host requirements (ex. minimum or maximum nights offered etc.

·       Guest preferences (ex. previous trips, saved listings, location from where the Guest is searching etc.,).

 

Search results may appear different on our mobile application than they appear on our website.

 

7.6 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 Listing(s).

 

7.6.1 Property Requirements. Hosts agree to furnish their property with mid-term stays in mind. This means complying the with the RHOMING minimum inventory received in the welcome package sent to them after creating a Host Profile for every property listed on the RHOMING Platform. The required minimum inventory includes items such as small appliances, dinnerware, silverware, towels, and much more. If RHOMING basic inventory items are not included during a Guest(s) stay and RHOMING is notified, RHOMING will contact Host to ensure items missing are provided to the Guest(s). If, after notification from RHOMING, Host(s) fails to furnish an item included in the minimum inventory list, RHOMING reserves the right to suspend the Host for a period and reserves the right to terminate the Host’s membership if repeated violations occur.

7.6.2 Property Rules. You are responsible for establishing rules for your Listing. RHOMING encourages Hosts to keep in mind that mid-term stays are not the same as short-term stays when setting property rules for their listings on the RHOMING Platform. Property Rules are ultimately the Hosts. Hosts should comply with all applicable rules, laws, and regulations.

 

7.6.3 Utilities and Property Maintenance. Host agrees to cover all basic utilities for any property listed on the RHOMING Website. This includes electric, gas, and water. Host reserves the right to specify a cap dollar amount for services covered to protect themselves from over-usage by Guest(s). This clause will be included in the lease agreement with the Host to specify the amount. Host should keep in mind that this cap should be reasonable and cover average usage on a consistent basis. Charges for overages take away from the RHOMING experience and are meant as a safeguard for Hosts who have Guests who truly overuse the services not as a means to collect additional revenue. If the Guest(s) consistently use utilities over this cap, it may need to be adjusted to meet the intent of the RHOMING Platform and the homes offered on the RHOMING platform. If RHOMING is made aware of a consistent overages, that are not a result of overuse, RHOMING reserves the right to request an increased dollar amount (based on average) for Host to retain Membership and usage of the RHOMING platform.

 

Cable, internet, and highspeed internet are not required but may be included as amenities. RHOMING does encourages Hosts to include Internet services, specifically high-speed internet services, as many of the Guest(s) are remote workers and require the use of this service. Host also agrees to cover property maintenance services such as lawn care, pest control, and waste management fees.

 

7.6.4 Setting your Monthly Rental Price. You are responsible for setting your monthly rental price. RHOMING does not make recommendations on the price to be set for your property nor does RHOMING offer dynamic pricing on the platform. You are solely responsible to ensure your listing is accurate. RHOMING may, on occasion publish articles by industry professional with tips on pricing, however, these are recommendations and Hosts are responsible for performing their own research and setting their Listing prices.

 

7.6.5 Pet Fees. Hosts are responsible for setting the price for your pet fee. This may be refundable or on-refundable and may be for all pets or for each pet, it is your decision as a Host. Also, be clear in your description if you are pet-friendly, what your fees are, and any pet restrictions that may apply. The RHOMING Booking Fee does not apply to pet fees.

 

7.6.6 Cleaning Fees.  All cleaning fees should be included in your monthly rental rate and are not collected separately. However, excessive cleaning charges may apply after move-out if property is not cleaned as required. Guests are required to return the property in a similar fashion in which it was provided to them and will should receive a move-out checklist of all required items requirements prior to move-out. Be aware that cleaning of linens, towels, blankets, bedding and making of the beds is not required of the guest as part of move-out.  The Host is responsible for these items after checkout.  However, basic items such as washing dishes and removing all trash and personal belongings can be included by the Host as part of move out.

 If you require professional cleaning or housekeeping services, at any interval, during a Guest(s) stay, this needs to be clear on the listing and identified as an amenity. Be sure to include how often the cleaning is conducted and that housekeeping at the associated interval is included in the monthly lease amount required. Excessive cleaning charges may be deducted from the security deposit for items in accordance with your executed lease agreement but not basic cleaning costs. Evidence of excessive cleaning is required if it is charged to the Guest. Hosts may not deduct from the security deposit for normal wear and tear of any items.

 

7.6.7 Calendar Availability and Booking Request Process. It is the responsibility of the Host to keep their calendar as up to date as possible and to respond to booking requests regarding their calendar availability and final approval in a timely and professional manner in accordance with all applicable rules and regulations concerning their property and RHOMING terms and conditions.

 

7.6.7.1 Host Calendar. It is the responsibility of the Host to keep their Calendar current at all times and is a requirement for using the RHOMING Platform. However, due to the duration of the lease and the common use of multiple platforms for furnished rentals, RHOMING will verify availability for the duration for Accommodation requested from the property Host prior to running any tenant screenings.

 

7.6.7.2 Confirming Calendar Availability. Whenever a Booking is received, the RHOMING platform will initially reach out to the Host via E-mail and Text to confirm dates. RHOMING will follow up with a phone call to the Host if a response is not provided within 4 hours of request (during business hours) as well as a second Email and Text message. Hosts have 24 hours to confirm dates before RHOMING communicates to potential tenants that date(s) are not available for booking. In addition, RHOMING will place Listing in a “Pending Status,” meaning not available for bookings until calendar availability is confirmed. Time is of the essence during calendar confirmation as Tenant screening will not begin until after the Host has confirmed date availability for the requested lease term.

 

a) Calendar availability confirmed after the 24 hour period. If a Host confirms availability of a Booking request after the 24 hour period, RHOMING will reach back out to the Guest to communicate availability and if the Guest(s) would like to proceed with the booking process and tenant screening. It will be up to the Guest(s) if they would like to proceed with the initial booking request at this time. Repeated late confirmations may result in account or listing suspension up to and including termination of Member account and listings indefinitely as RHOMING discretion.

b) Calendar Availability Confirmations made in Error. If a Host duration and it is identified as an error and that the dates were not available, after the tenant screening was already conducted, the Host will be issued a Tenant Screening Fee of $75 for each Applicant that was screened for their listing when it was not ever available for booking. Repeated Calendar errors and failure to pay the Tenant Screening Fee(s) associated with this error type may result in account suspension up to and including termination of Member account and listings indefinitely at RHOMING discretion.

 

7.6.8 The Guest Approval Process.  Host is required to provide approval or denial for Guest, after receiving the Tenant Screening Summary within 48 Hours. RHOMING 3rd Party Contractor and/or RHOMING may send you reminders via Email, Text, and Phone to ensure a response within the specified time. After an approval is made, the RHOMING Preferred Partner for the applicable state will draft a state specific lease for all parties to sign (See Section 7.6.9).

 

If Guest approvals or denials are not made in a timely manner, this can delay booking. If Tenant(s) choose to apply for other homes due to Host exceeding this time requirement, Host may be subject to a Tenant Screening Fee of $75 per Applicant for the approval delay for the booking in subject if the Tenant is unable to find and secure other accommodations of their choice on the RHOMING Platform within 7 days. RHOMING will collect this fee via the RHOMING Payment Provider Portal and use it to provide a refund to the Guest(s).

 

7.6.9. Signing the Lease. A lease will be sent for electronic signature upon Host approval of Applicant(s). This lease will need to be executed by all parties within 24 hours upon receipt. A copy of the ratified Lease Agreement will be sent to all parties and RHOMING. The lease is not valid until all parties have signed. RHOMING will maintain the lease in their record(s) for a minimum period of five years.

 

7.6.10 Payments. Host is required to set up their payment account on the RHOMING Payment Provider Portal to be able to collect Security Deposits, pet fees, rent payments, and any other fees associated with bookings on the RHOMING Platform via the RHOMING Payment Provider Center on their Member dashboard. Host agrees to use this Payment Provider Center for collection of all payments associated for any rental property listed and booked on the RHOMING platform. RHOMING is not responsible for any Host errors in relation to payments. It is the responsibility of the HOST to verify payment and banking information when setting up their payment account.

 

7.6.11. HOA Rules, House Rules, and Other Rules. Any terms, policies, or conditions that you include in any supplemental contract or lease with Guests must:

 

(i) Be consistent with these Terms and the information provided in your Listing

(ii) Be prominently disclosed in your Listing description.

(iii) Added to your lease agreement prior to signing the lease. Be sure you upload any additional terms, policies, or conditions in your dashboard documents sections so that they can be added to the lease by the RHOMING 3rd PartyContractor.

 

In accordance with these terms, RHOMING recommends that outside of HOA rules or neighborhood ordinances, Hosts should keep in mind when writing their own additional rules that the guest(s) are not short-term occupants but are leasing the home as residents of that home with availability to receive mail and reside at the property as opposed to staying as transient Guest(s). As such, the any additional rules provided by Host(s) should be considered for mid-term occupancy and reasonable for mid-term stays. Host should disclose any additional rules in their Listing so that Guest(s) are aware of them prior to requesting booking for a property. Any additional Rules must be included in the Lease Agreement. All parties agree to any rules provided in this lease agreement, to the extent permitted by law, through their signatures.

 

7.7 Hosting as a Property Manager or Real Estate Services Company. If you are a

business, company, person, or other organization and acting on behalf of a property owner to list their property on the RHOMING Platform you must have written permission to act on their behalf for property management or authorizing to lease or sublease the property being listed on the RHOMING Platform. Furthermore, any property manager, entity or individual, or other Host who participates in providing Listing(s) is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into such contracts for and bind your clients, team, business or other organizations to such contracts, 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. You are responsible and liable for the payment amounts and accuracy of any payout information you provide. If you represent, work or act on behalf of a property owner, proof of the property owner authority is required for listing approval in addition to all other required forms for listing approvals.

 

7.8 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 RHOMING Platform, offering Property Listing Services, or any interaction you havewith other Members whether in person or online. You agree that you have had the opportunity to investigate the RHOMING Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Accommodations and that you are not relying upon any statement of law made by RHOMING.

 

 

8. Booking Cancellations, Early Lease Terminations, Lease Extensions

 

8.1 Cancellations. In general, you cannot cancel a lease as a lease is a legal and binding Contract. As such refunds are not provided on the RHOMING Platform after a lease is ratified or signed by all parties. Hosts may allow Guests to terminate their lease early with required minimum notice and potential fees and penalties for early termination. It is the Guest’s responsibility to be aware of the Host(s) policy and follow all requirements stated in their signed lease agreement. If a Guest is unable to make their stay, they are still legally liable for the full amount as specified in the lease agreement once it is signed or executed except for any early termination that may be allowed under the lease agreement.  

 

8.2 Early Lease Termination.  A general Early Termination clause is included in the lease agreement allowing for early termination. In general, most state leases prepared by RHOMING include a 60-day notice and two times the monthly rental rate as an early termination fee unless state rules and regulations are different. If the latter applies, the clause included will be that in accordance with state rules and regulations. Host shall notify RHOMING of Early Termination to finalize the Guest’s early termination payment on the RHOMING Payment Provider Center on the Member Dashboard as soon as possible.

 All RHOMING Fees are non-refundable. RHOMING Listing fees for the original term of the lease will not be refunded for any early terminations that occur.

RHOMING will not collect a listing fee on any early termination fees paid to a Host via the RHOMING Payment Provider Center on the Member Dashboard. The Host will receive the early termination fee in its entirety once payment is made by the Guest.

 

8.3 Lease Extensions. Guests and Hosts are responsible for any booking modifications they agree to make via the RHOMING Platform and agree to pay any additional amounts associated with any Booking Modification. RHOMING shall collect a listing fee for any additional dates extended or added to the original lease.

 Changes may be made to your lease through a lease addendum if agreed by all parties. Any recommendations for changes in dates shall be requested via the RHOMING platform and in accordance with the executed lease agreement. All lease modifications must be agreed to by all parties in writing through a signed Lease Addendum. A Lease Addendum fee will apply and is to be paid by the Tenant(s). The RHOMING 3rd Party Contractor will draft a lease addendum to be ratified executed by all parties before it is considered a new “Booking.” The RHOMING Booking Fee will apply to any lease extensions.

 

9. Taxes

 

9.1 Host Taxes and Host Responsibility. As a Host, it is your responsibility to determine and fulfill all your obligations under applicable laws to report, collect, remit, or include in your price any applicable Value Added Taxes (VATs) or other indirect taxes, occupancy taxes, tourist, income, or other taxes that apply to your listing.

 

RHOMING does not deduct any taxes from payments to Hosts through their Payment Provider Center. Transient taxes generally only apply to short-term housing. It is the responsibility of the Host to be aware of what rules and regulations apply to their listing including how a short-term rental (subject to transient taxes) is defined in their jurisdiction.

 

9.2 Collection and Remittance by RHOMING. RHOMING does not facilitate the collection and/or remittance of Taxes on behalf of Hosts. It is the responsibility of the Host to collect and pay appropriate and applicable taxes related to their property listing(s). Rules that govern stays of 30 days or more vary by state. Hosts are responsible for understanding and knowing what laws, rules, and regulations apply to their Listing(s).


 

General Terms

10. RHOMING’s Role.

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using RHOMING, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that RHOMING has the right, but does not have any obligation, to monitor the use of the RHOMING Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the RHOMING Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that RHOMING administers its Policies and Standards including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist RHOMING in good faith, and to provide RHOMING with such information and take such actions as may be reasonably requested by RHOMING with respect to any investigation undertaken by RHOMING regarding the use or abuse of the RHOMING Platform. RHOMING is not acting as an agent for any Member except as provided in the Payment Terms.

11. RHOMING’s Preferred Partner’s Role.

RHOMING has contracts with 3rd Party Contractors in each state where bookings are available. These particular 3rd Party Contractors are also known as RHOMING “Preferred Partners” as they are contracted to perform two specific duties for the RHOMING Platform as independent contractors of the RHOMING Platform. These two specific duties are the following:

(i) Tenant Screening. This will be completed by RHOMING Preferred Partners for all adults over the age of 18 who will reside in the home. Tenant screening may include the following: Identity verification, background check, credit check, proof of funds, employment verification, or reference checks. Preferred Partners will provide, at a minimum, a summary of tenant screening findings to the Host for final approval or denial of Applicant(s).

(ii) Lease Drafting and Execution. Once a Host approves the Applicant(s) and both Guest and Host(s) agree to the terms, The Preferred Partner will draft a lease and send to all applicable parties for electronic signatures. A copy of the executed lease agreement will also be sent to RHOMING for record-keeping.

RHOMING Preferred Partners are contracted to perform solely these two services per their RHOMING Contractor Agreement. If additional property management services are needed by the Host(s), they have the option to inquire with the RHOMING Preferred Partner and obtain their services at an additional cost, set by the Preferred Partner and excluding RHOMING, and enter into a separate Agreement with the Preferred Partner, for additional services.

By utilizing the RHOMING Platform and the services offered by the Platform, all Members acknowledge and agree that RHOMING and their Preferred Partners are not responsible or liable for any omissions, damages, claims, losses, or other disputes arising from the lease between the Guest(s) and the Host(s) and shall hold RHOMING and their Preferred Partners harmless in all events related to their Lease Agreement. RHOMING and their Preferred Partner do not make guarantees of any kind for services provided or to the ability for Guest(s) to pay. The Preferred Partner provides a summary of findings to the Host, but Host(s) are the authority for approvals and denials of applicants at their own discretion.

12. Member Accounts.

You must register an account to access and use many features of the RHOMING Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the RHOMING Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information current. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify RHOMING if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

13. Reviews.

During and for up to 30 days after the end of a lease term, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, derogatory, inaccurate, information or explicit language.

Reviews are not verified continuously by RHOMING for accuracy and may be incorrect or misleading. However, RHOMING reserves the right to remove any reviews for the following reasons:

a)   Spam, advertisements, or any content that is shared repeatedly in an unwanted manner.

b)   Duplicate reviews

c)   Content that is discriminatory or violated the RHOMING non-discrimination policy.

d)   Content that includes another person’s private or confidential information, including content sufficient to identify a listing’s location or a Person’s personal contact information.

e)   Negative reviews based on factors outside a Host’s control such as acts of Nature.

f)     Content that endorses or promotes any illegal or harmful activities to the platform, other members, RHOMING, or the public.

g)   Content that attempts to impersonate RHOMING or a member of the RHOMING team.

h)   Content that is derogatory,

14. Content.

Portions of the RHOMING Platform enable you to provide feedback, send messages, post photos, video, a variety of information, and other content (collectively, “Content”). By providing Content, in whatever fashion and through whatever means, you give RHOMING a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare imitative works of, distribute, publish, manipulate, and otherwise use, that Content, without limitation. If Content includes personal information, the RHOMING Privacy Policy describes how we use that personal information. Where RHOMING pays for the creation of Content or facilitates its creation, RHOMING may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant RHOMING the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Nondiscrimination Policy, which prohibits discriminatory, offensive, rude, dishonest, bullying, violent, illegal content and the like.

15. Fees.

RHOMING may charge fees to Hosts and Guests for the right to use the RHOMING Platform. More information about when fees apply and how they are calculated can be found on RHOMING Payment Terms. Booking fees and Administration Fees are generally non-refundable except as stated in the Payment Terms. RHOMING reserves the right to change the Booking fees or Administration Fee at any time and will provide Members notice of any fee changes 30 days before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement membership to the RHOMING platform by canceling your account at any time pursuant to Section 19.2.

16. RHOMING Platform Rules.

16.1 Rules. By utilizing the RHOMING Platform, you agree to follow the following rules and must not help, encourage, or promote others to break the following rules.

o   Be honest regarding your listing including amenities and description.

o   Do not lie, misrepresent something or someone, or pretend to be someone else neither as a Guest or as a Host.

o   Be respectful in all communications (verbal or written) and your interactions with other Members and with the RHOMING staff and their Preferred Partners.

o   You may not bully, defame, threaten, or harass other Members on or off the RHOMING Platform.

o   Follow our Nondiscrimination Policy and all Fair Housing and Tenant Screening laws, rules, and regulations.

o   Do not impair or attempt to impair the RHOMING platform by scraping, hacking, reverse engineering, or compromising the Platform in any way.

o   Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other Content from the RHOMING Platform.

o   Do not attempt or attempt to circumvent or hack any security or technological measure used to protect the RHOMING Platform or the Content in contains.

o   Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the services of the RHOMING Platform.

o   Do not take any action that could damage or adversely affect the performance or proper functioning of the RHOMING Platform.

o   Only use the RHOMING Platform in accordance with these Terms and any other supplemental RHOMING policies.

o   You may only use another Member’s personal information as necessary to facilitate a transaction using the RHOMING Platform.

o   You may not share any Member personal information with other RHOMING Members or members of the general public, in any social media boards, online, or other public forum.

o   Do not use the RHOMING Platform, our messaging tools, or Members’ personal information to send advertisement, spam, or other commercial messages without the recipient’s express consent.

o   You may use Content made available through the RHOMING Platform solely as necessary to enable your use of the RHOMING Platform as a Guest or Host.

o   You must disclose the number of Guest(s) who will be occupying the home. All adults over the age of 18 are required to go through the Tenant Screening process per these terms and conditions.

o   Do not use, copy, display, mirror or frame any content on the RHOMING Platform, or containing any RHOMING branding, or any page layout or design without our written consent.

o   Do not use Content unless you have permission from the Content owner. This includes other Member’s property pictures and any other pictures included in their listing(s).

o   Do not request, make, or accept a booking or any payment outside of the RHOMING Platform. See our Payment Terms, for the only payments authorized off platform but still facilitated by RHOMING.

o   Do not require or encourage Guests to interact, with any third-party website applications or services before, during or after a Reservation, unless authorized by RHOMING.

o   Do not attempt to manipulate our search algorithm.

o   Do not book Accommodations unless you are the individual who is using the Accommodations or are acting in behalf of an individual or family seeking accommodations and have the written permission and authority to do so such as an insurance company, or corporate housing entity or the like.

o   Follow all appl