Payments Terms of Service and Policies

Please also make sure to review The General Terms of Service that apply to all individuals and/or organizations that utilize the platform provided as NomadRooms.com.
Because each country has different laws regarding how our community can borrow/lend properties, specific terms of service may be provided for the country in which the property is located.

Effective date: May 2, 2022

Overview

NomadRooms uses a combination in internal services and third party services to collect payments from Members and pay out to Partners. The below terms cover both parties.

A general outline of our charges is as listed in our Fees Schedule.

NomadRooms defines stays in three major categories:

  • Short Term – Stay is 27 nights or less.
  • Medium Term – Stay is 28 nights to 6 months.
  • Long Term – Stay is more than 6 months.

The nitty gritty: our exact terms

These Payments Terms of Service for Non-European Users (“Payments Terms”) are a binding legal agreement between you as a user of the platform NomadRooms.com, and NomadRooms, its parent company, and/or its payment partner/s that govern the Payment Services (defined below) conducted through or in connection with the NomadRooms Platform. When these Payments Terms mention “NomadRooms and/or its payment partner/s,” “we,” “us,” or “our,” it refers to the NomadRooms, its parent company, and/or its payment partner/s you are contracting with for Payment Services.

Members are persons who have registered with the platform, NomadRooms.com, and wish to employ it to borrow/rent/reserve accommodations. Partners are those who offer accommodations to Members. Members also referred to as Nomads.

NomadRooms and/or its payment partner/s provide payments services to Members and Partners publishing, offering and booking Accommodations. These payment services may include (if available) the following (collectively, “Payment Services”):

  • Collecting payments from Members (“Payin”), by charging the payment method associated with their NomadRooms account, such as credit card, debit card, bank account PayPal account (“Payment Method”), or other legal payment service;
  • Effecting payments to Partners (“Payout”) to a financial instrument associated with their NomadRooms account, such as a PayPal account, bank account, a prepaid card, or a debit card (“Payout Method”);
  • Effecting payments to a third-party Payout Method designated by a Partner;
  • Collection and payment of charitable donations;
  • Payment collection services; and
  • Other payment related services in connection with Accommodation Services.

In order to use the Payment Services, you must be at least 18 years old, must have an NomadRooms account in good standing in accordance with the NomadRooms Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.

Payment Services are provided by NomadRooms, a subsidiary of Little Samurai Enterprises Inc., Stripe, Inc., and other payment partners located in the United States.

1. Your use of the Payment Services

1.1 Payment Services. By using the Payments Services offered on the NomadRooms platform, you agree to comply with these Payments Terms. NomadRooms and/or its payment partner/s 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. NomadRooms and/or its payment partner/s may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. NomadRooms and/or its payment partner/s will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.

1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. NomadRooms and/or its payment partner/s are not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by NomadRooms and/or its payment partner/s of those Third-Party Services.

1.3 Your NomadRooms Account. NomadRooms and/or its payment partner/s may enable features that allow you to authorize other Members or third parties to take certain actions that affect your NomadRooms account. You may authorize a third party to use your NomadRooms account if the feature is enabled for your NomadRooms account. You acknowledge and agree that anyone you authorize to use your NomadRooms account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

1.4 Verification. You authorize NomadRooms and/or its payment partner/s, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). NomadRooms and/or its payment partner/s 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.

1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

2. Member Terms

2.1 Adding a Payment Method. When you add a Payment Method to your NomadRooms account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to NomadRooms and/or its payment partners. You authorize NomadRooms and/or its payment partner/s to collect and store your Payment Method information.

2.2 Payment Method Verification. When you add or use a new Payment Method, NomadRooms and/or its payment partner/s 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 NomadRooms account so it can be used for a future transaction. You can remove the Payment Method from your NomadRooms account as long as it is not associated with an active or future reservation.

2.3 Payment Authorization. You allow NomadRooms and/or its payment partner/s 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 NomadRooms account.

2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.

2.5 Timing of Payment. NomadRooms and/or its payment partner/s may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the NomadRooms Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If NomadRooms and/or its payment partner/s are unable to collect the Total Price due, as scheduled, NomadRooms and/or its payment partner/s will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.

2.6 Currency. NomadRooms and/or its payment partner/s will process each transaction in the currency you select via the NomadRooms Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or your NomadRooms and/or its payment partner/s contracting entity(ies). Any such limitations will be communicated via the NomadRooms Platform, and you will be prompted to select a different currency or Payment Method. Note that if your NomadRooms and/or its payment partner/s contracting entity’s location is different than the country of your Payment Method, or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Yen as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. NomadRooms and/or its payment partner/s are not responsible for any such fees and disclaim all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.

2.7 Booking Request Status. If your booking is canceled because of an Extenuating circumstance or you cancel the booking, the amount refunded will be decided by our Extenuating Circumstance Policy and Cancellation Policy. The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

2.8 Payment Restrictions. NomadRooms and/or its payment partner/s reserve the right to decline or limit payments that we believe (i) may violate NomadRooms and/or its payment partner/s’ risk management policies or procedures, (ii) may violate these Payments Terms or the General Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, NomadRooms, NomadRooms and/or its payment partner/s, or others to risks unacceptable to NomadRooms and/or its payment partner/s.

2.9 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 NomadRooms and/or its payment partner/s are 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.

2.10 Your Payment Method, Your Responsibility. NomadRooms and/or its payment partner/s is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.

2.11 Different Ways to Pay

2.11.1 Payment Plan

2.11.1.1 NomadRooms and/or its payment partner/s may make available to Members the option to pay a portion of the booking’s Total Price at the time of booking and pay the remainder of the Total Price at a later time prior to check-in (“Payment Plan”). Availability of this option may depend on the Listing, length of Listing, and/or Payment Method.

2.11.1.2 If you choose a Payment Plan, the NomadRooms Platform will notify you during check out of the amount, currency and schedule of each payment due. On the following payments due date, NomadRooms and/or its payment partner/s will automatically charge the original Payment Method you used to make the booking. You can review all payments due from your dashboard.

2.11.1.3 If you make a modification to a booking made with a Payment Plan, NomadRooms and/or its payment partner/s will notify you of the revised payment schedule, as applicable. If the modification increases your Total Price, you may be required to make an additional partial payment of the new Total Price at the time of the modification.

2.11.1.4 You agree that by selecting a Payment Plan, you may not be able to pay for the booking with a different Payment Method or pursuant to a different payment schedule.

2.11.1.5 If NomadRooms and/or its payment partner/s is unable to collect your payment, NomadRooms and/or its payment partner/s will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice. If you fail to complete the payment, you authorize NomadRooms to cancel the booking on your behalf. If the booking is canceled, you will be refunded based on the Partner’s and our cancellation policy. You acknowledge that you may incur fees for cancellations pursuant to the Property’s cancellation policy.

2.11.2 Recurring Payments

2.11.2.1 For certain bookings (such as for Accommodation bookings of twenty-eight (28) nights or more), NomadRooms and/or its payment partner/s may require a Member to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the NomadRooms Platform if applicable to a booking.

2.11.2.2 If Recurring Payments apply to a confirmed booking, then the Member authorizes NomadRooms and/or its payment partner/s to collect the Total Price due.

2.11.2.3 Members may stop a Recurring Payment by notifying NomadRooms and/or its payment partner/s orally or in writing at least three (3) business days before the scheduled date of the payment. NomadRooms and/or its payment partner/s may require you to give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within those fourteen (14) days, NomadRooms and/or its payment partner/s is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact NomadRooms and/or its payment partner/s.

3. Partner Terms

3.1 Payment Collection. NomadRooms and/or its payment partner/s generally collects the Total Price of a booking at the time the Member’s booking request processed, unless noted otherwise.

3.2 Adding a Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your NomadRooms account. When you add a Payout Method to your NomadRooms account, you will be asked to provide billing information such as name, government identification, tax ID, billing address, and financial instrument information either to NomadRooms and/or its payment partner/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. You authorize NomadRooms and/or its payment partner/s to collect and store your billing information and financial instrument information. NomadRooms and/or its payment partner/s will only share your information with governmental authorities if required by applicable law.

3.3 Timing of Payout

3.3.1 Subject to and conditional upon successful receipt of the payments from our Members, NomadRooms and/or its payment partner/s will generally initiate Payouts to your selected Payout Method. The exact timing of a payout will depend on the type and length of booking. Please see table 1 on our Partner’s Agreement for more details about the timing of payouts.

3.3.2 NomadRooms and/or its payment partner/s may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. For example, certain Partners in China will receive Payouts 48 hours after the Member’s scheduled check-out time or 7 days after the Member’s scheduled check-in time, whichever is earlier. Such Payout timeline may be updated once the Partner meets certain eligibility criteria. The time it takes to receive Payouts once released by NomadRooms and/or its payment partner/s may depend upon the Payout Method you select.

3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like NomadRooms service fees and applicable taxes. In the event of a cancellation of a confirmed booking, NomadRooms and/or its payment partner/s will remit the amount you are due (if any) as provided in the applicable cancellation policy.

3.5 Payout Restrictions. NomadRooms and/or its payment partner/s 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. Furthermore, NomadRooms and/or its payment partner/s may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under our General Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).

3.6 Currency Conversion. NomadRooms and/or its payment partner/s will remit your Payouts in the currency you select via the NomadRooms Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your NomadRooms contracting entity(ies). Any such limitations will be communicated via the NomadRooms Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and NomadRooms and/or its payment partner/s is not responsible for any such fees and disclaims all liability in this regard.

3.7 Limits on Payouts. For compliance or operational reasons, NomadRooms and/or its payment partner/s may limit the amount of a Payout. If you are due an amount above that limit, NomadRooms and/or its payment partner/s may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.

3.8 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 NomadRooms and/or its payment partner/s 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.

3.9 Handling of Funds. NomadRooms and/or its payment partner/s may combine amounts that it collects from Members and invest them as permitted under applicable laws. NomadRooms and/or its payment partner/s will retain any interest it earns on those investments.

3.10 Your Payout Method, Your Responsibility. NomadRooms and/or its payment partner/s is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.

3.11 Different ways to get paid

3.11.1 Split Payouts

If you provide accommodations jointly with one or more other Partners as part of a team, business or other organization. NomadRooms will send your payment to one individual or business account authorized by your partners. NomadRooms is not responsible for any losses related to errors or omissions made by the Partners in providing such payment instructions.

4. Appointment of NomadRooms and/or its payment partner/s as Limited Payment Collection Agent

4.1 Each Property Owner (Partner), including each authorized Partner member, hereby appoints NomadRooms and/or its payment partner/s as the Room Properties payment collection agent solely for the limited purpose of accepting and processing funds from Members purchasing accommodations on the Partner’s behalf.

4.2 Paid when Paid – Each Room Owner (Partner), including each authorized Partner member, agrees that payment made by a Member through NomadRooms and/or its payment partner/s, shall be considered the same as a payment made directly to the Partner, and the Partner will provide the accommodation booked by the Member in the agreed-upon manner as if the Partner has received the payment directly from the Member. Each Partner agrees that NomadRooms and/or its payment partner/s may refund the Member in accordance with the General Terms. Each Partner understands that NomadRooms and/or its payment partner/s’ obligation to pay the Partner is subject to and conditional upon successful receipt of the associated payments from Member. NomadRooms and/or its payment partner/s guarantees payments to Partner(s) only for such amounts that have been successfully received by NomadRooms and/or its payment partner/s from Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Partner, NomadRooms and/or its payment partner/s assumes no liability for any acts or omissions of the Partner.

4.3 NomadRooms and/or its payment partner/s acts as each Partner’s payment collection agent for the limited purpose of accepting payments from Members on behalf of Partners. Upon a Member’s payment of the funds to NomadRooms and/or its payment partner/s, the Member’s payment obligation to the Property Owner for the agreed upon amount is extinguished, and NomadRooms and/or its payment partner/s is responsible for remitting the funds successfully received by NomadRooms and/or its payment partner/s to the Partners in the manner described in these Payments Terms. In the event that NomadRooms and/or its payment partner/s does not remit any such amounts, the Partners will have recourse only against NomadRooms and/or its payment partner/s and not the Member directly.

5. General Terms

5.1 Fees. NomadRooms and/or its payment partner/s may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the General Terms or via the NomadRooms Platform.

5.2 Payment Authorizations. You authorize NomadRooms and/or its payment partner/s to collect from you amounts due pursuant to these Payment Terms and/or the General Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your NomadRooms account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize NomadRooms and/or its payment partner/s to collect from you:

  • Any amount due to NomadRooms and/or its payment partner/s (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Member, Partner or user of the NomadRooms Platform), including reimbursement for costs prepaid by NomadRooms or NomadRooms and/or its payment partner/s on your behalf. Any funds collected by NomadRooms and/or its payment partner/s will set off the amount owed by you to NomadRooms or NomadRooms and/or its payment partner/s and extinguish your obligation to NomadRooms or NomadRooms and/or its payment partner/s.
  • Any amount due to a Partner from a Member which NomadRooms collects as the Partner’s payment collection agent as further set out in Section 4 above.
  • Taxes, where applicable and as set out in the General Terms.
  • Any amount you pay through the Resolution Center in connection with your NomadRooms account.
  • Overstay penalties payable under the General Terms, including any cost and expenses incurred in collecting the overstay penalty.
  • Any service fees or cancellation fees imposed pursuant to the General Terms (e.g., if, as a Partner, you cancel a confirmed booking).
  • Any amounts already paid to you as a Partner despite a Member cancelling a confirmed booking or NomadRooms deciding that it is necessary to cancel a booking in accordance with the General Terms, Cancellation Policy, and/or Extenuating Circumstance Policy, or other applicable policies. You agree that in the event you have already been paid, NomadRooms and/or its payment partner/s will be entitled to recover the amount of any such Member refund from you, including by subtracting such refund amount out from any future Payouts due to you.

In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to NomadRooms and/or its payment partner/s collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

5.3 Collections

5.3.1 If NomadRooms and/or its payment partner/s is unable to collect any amounts you owe under these Payments Terms, NomadRooms and/or its payment partner/s may engage in collection efforts to recover such amounts from you.

5.3.2 NomadRooms and/or its payment partner/s will deem any owed amounts overdue when: (a) for authorized charges, thirty (30) days have elapsed after NomadRooms and/or its payment partner/s first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Partner’s future Payouts, sixty (60) days have elapsed after the adjustment is made to the Partner’s NomadRooms account or the associated services have been provided, whichever is later.

5.3.3 NomadRooms and/or its payment partner/s will deem any overdue amounts not collected to be in default when ninety (90) days have elapsed: (a) for authorized charges, after NomadRooms and/or its payment partner/s first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Partner’s future Payouts, after the adjustment is made to the Partner’s NomadRooms account or the associated services have been provided, whichever is later.

5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to NomadRooms and/or NomadRooms and/or its payment partner/s by you. Such communications may be made by NomadRooms, NomadRooms and/or its payment partner/s, or by anyone on their behalf, including but not limited to a third-party collection agent.

5.4 Payment Processing Errors

5.4.1 NomadRooms and/or its payment partner/s will take the necessary 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 NomadRooms and/or its payment partner/s or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.

5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to NomadRooms and/or its payment partner/s.

5.5 Refunds

5.5.1 Any refunds or credits due to a Member pursuant to the General Terms, Cancellation Policy, and/or Extenuating Circumstance Policy, will be initiated and remitted by NomadRooms and/or its payment partner/s in accordance with these Payments Terms.

5.5.2 Subject to this Section 5.5.2, NomadRooms and/or its payment partner/s will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, NomadRooms and/or its payment partner/s will initiate and process the refund as soon as is practicable.

6. Damage Claims and Security Deposits

6.1 If you as a Member (i) agree to pay the Partner in connection with a Damage Claim, or (ii) NomadRooms determines that you are responsible for damaging any real or personal property at a Listing pursuant to the General Terms, you authorize NomadRooms and/or its payment partner/s to charge the Payment Method used to make the booking in order to collect any security deposit deficit associated with the booking, as well as any fees, costs and/or expenses associated with the Damage Claim. If NomadRooms and/or its payment partner/s is unable to collect from the Payment Method used to make the booking, you agree that NomadRooms and/or its payment partner/s may charge any other Payment Method on file in your NomadRooms account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)).

6.2 You agree that NomadRooms and/or its payment partner/s may seek to recover from you under any insurance policies you maintain and that NomadRooms and/or its payment partner/s may also pursue against you any remedies it may have available, including, but not limited to, in relation to any payment requests made by Partners under the Partner’s Agreement.

7. Abandoned Property

If NomadRooms and/or its payment partner/s holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.

8. Prohibited Activities

8.1 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 third parties, third-party rights, or the House Rules Policy;
  • use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
  • register or use any Payment Method or Payout Method with your NomadRooms account that is not yours or you do not have authorization to use;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by NomadRooms and/or its payment partner/s or any of NomadRooms and/or its payment partner/s’ providers or any other third party to protect the Payment Services;
  • take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

8.2 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 or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Room Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

9. Force Majeure

NomadRooms and/or its payment partner/s 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 NomadRooms or NomadRooms and/or its payment partner/s, 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 (“Force Majeure Event”).

10. Disclaimers

10.1 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.

10.2 Notwithstanding NomadRooms and/or its payment partner/s’ appointment as the limited payment collection agent of Partners pursuant to Section 4, NomadRooms and/or its payment partner/s explicitly disclaims all liability for any act or omission of any Member or other third party. NomadRooms and/or its payment partner/s does not have any duties or obligations as agent for each Partner 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.

10.3 If we choose to conduct identity verification on any Member, 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 Member or guarantee that a Member will not engage in misconduct in the future.

10.4 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.

11. Liability

11.1 Except as provided in Section 11.2, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your NomadRooms account in any way, you are responsible for the actions taken by that person. Neither NomadRooms and/or its payment partner/s nor any other party involved in creating, producing, or delivering the Payment Services 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 (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not NomadRooms and/or its payment partner/s has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Partners pursuant to these Payments Terms or an approved payment request under the NomadRooms Partner Guarantee or Japan Host Insurance, in no event will NomadRooms and/or its payment partner/s’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the NomadRooms Platform as a Member in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Room Owner, the amounts paid by NomadRooms and/or its payment partner/s to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between NomadRooms and/or its payment partner/s and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect NomadRooms and/or its payment partner/s’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

11.2 If you reside in Australia and contract with NomadRooms and/or its payment partner/s in Australia, Section 11.1 may not apply, and NomadRooms and/or its payment partner/s is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. NomadRooms and/or its payment partner/s is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of NomadRooms and/or its payment partner/s in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of NomadRooms and/or its payment partner/s is excluded to the maximum extent allowed by applicable law.

12. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at NomadRooms and/or its payment partner/s’ option), indemnify, and hold NomadRooms and/or its payment partner/s and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (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.

13. Modification, Term, Termination, and other Measures

13.1 Modification. Except as otherwise required by applicable law, NomadRooms and/or its payment partner/s may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the NomadRooms Platform and update the “Last Updated” date at the top of these 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.

13.2 Term. This agreement between you and NomadRooms and/or its payment partner/s reflected by these Payment Terms is effective when you create an NomadRooms account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.

13.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your NomadRooms account. Terminating this agreement will also serve as notice to cancel your NomadRooms account pursuant to the General Terms. Without limiting our rights specified below, NomadRooms and/or its payment partner/s may terminate this agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email. NomadRooms and/or its payment partner/s may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) NomadRooms and/or its payment partner/s believes in good faith that such action is reasonably necessary to protect other Members, NomadRooms, NomadRooms and/or its payment partner/s, or third parties.

13.4 Suspension and Other Measures. NomadRooms and/or its payment partner/s 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 General 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 NomadRooms and/or its payment partner/s believes in good faith that such action is reasonably necessary to protect the personal safety or property of NomadRooms, its Members, NomadRooms and/or its payment partner/s, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method

13.5 Appeal. If NomadRooms and/or its payment partner/s takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting NomadRooms.com directly Communicating.

13.6 Effect of Termination. If you cancel your NomadRooms account as a Partner or NomadRooms and/or its payment partner/s takes any of the measures described above, NomadRooms and/or its payment partner/s may provide a full refund to any Members with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your NomadRooms account as a Member, NomadRooms and/or its payment partner/s will initiate a refund for any confirmed booking(s) based on our 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 NomadRooms account or attempt to access and use the Payment Services through an NomadRooms account of another Member.

13.7 Survival. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.

14. Governing Law and Dispute Resolution

14.1 If you are contracting with NomadRooms and/or its payment partner/s US, these Payments Terms will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal court in Orlando, Florida, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Orlando, Florida.

14.2 If you are contracting with NomadRooms China, these Payments Terms will be governed by and construed in accordance with the laws of the People’s Republic of China (“China Laws”). In this situation, any dispute arising from or in connection with these Payments Terms or use of the Payment Services shall be submitted to the China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. The tribunal shall consist of three (3) arbitrators. The seat of the arbitration shall be Beijing, China. The language of the arbitration shall be English. This section does not limit any rights which NomadRooms and/or its payment partner/s may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you.

14.3 If you are contracting with NomadRooms and/or its payment partner/s UK, these Payments Terms will be interpreted in accordance with English law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As a consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a court in England. If NomadRooms wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.

14.4 If you are contracting with NomadRooms and/or its payment partner/s India, these Payments Terms will be interpreted in accordance with the laws of India. Any dispute arising from or in connection with these Payments Terms must be submitted to the International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which shall be the seat and venue of arbitration. Such arbitration shall be conducted in accordance with the arbitration rules of the ICC in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which NomadRooms and/or its payment partner/s may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of India or any other laws that may apply to you. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties. Each party shall bear its own costs in relation to the arbitration.

14.5 If you are contracting with NomadRooms and/or its payment partner/s Australia, these Payments Terms will be governed by the laws of the State of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of that State and courts of appeal of that State in respect of any proceedings arising out of or in connection with this agreement.

14.6 If you are contracting with NomadRooms and/or its payment partner/s Brazil, these Payments Terms will be interpreted in accordance with the laws of Brazil. If you are acting as a consumer, judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in the city of Sao Paulo, State of Sao Paulo, Brazil or in a court with jurisdiction in your place of residence. If you are acting as a business, you agree to submit to the exclusive jurisdiction of a court located in the city of Sao Paulo, State of Sao Paulo, Brazil.

15. United States Arbitration Agreement

15.1 Application. This Arbitration Agreement only applies to you if you are contracting with NomadRooms Payment US. If you are not contracting with NomadRooms and/or its payment partner/s US, and you nevertheless attempt to bring any legal claim against NomadRooms and/or its payment partner/s in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 15 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

15.2 Overview of Dispute Resolution Process. NomadRooms and/or its payment partner/s is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payment Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with NomadRooms’s customer service team (described in paragraph 15.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and NomadRooms and/or its payment partner/s each retain the right to seek relief in small claims court as an alternative to arbitration

15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and NomadRooms and/or its payment partner/s each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to NomadRooms and/or its payment partner/s by mailing it to NomadRooms and/or its payment partner/s’ agent for service:

Attention office of David J. Hirsch
Shiling, Bloch & Hirsch, P.A.
600 Baltimore Avenue, Suite 301
Towson, Maryland 21204-4022

NomadRooms and/or its payment partner/s will send its notice of dispute to the email address associated with your NomadRooms account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

15.4 Agreement to Arbitrate. You and NomadRooms and/or its payment partner/s mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and NomadRooms and/or its payment partner/s agree that the arbitrator will decide that issue.

15.5 Exceptions to Arbitration Agreement. You and NomadRooms and/or its payment partner/s each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (ii) a request for the remedy of public injunctive relief. You and NomadRooms and/or its payment partner/s agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

15.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

15.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, NomadRooms and/or its payment partner/s agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S county where you reside; (b) in Orlando, FL; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.

15.8 Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

15.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

15.10 Jury Trial Waiver. You and NomadRooms and/or its payment partner/s acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

15.11 No Class Actions or Representative Proceedings. You and NomadRooms and/or its payment partner/s acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

15.12 Severability. Except as provided in Section 15.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.

15.13 Changes to Agreement to Arbitrate. If NomadRooms and/or its payment partner/s changes this Section 15 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and NomadRooms and/or its payment partner/s (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and NomadRooms and/or its payment partner/s.

15.14 Survival. Except as provided in Section 15.12 and subject to Section 13.7, this Section 15 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your NomadRooms account.

16. Miscellaneous

16.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between NomadRooms and/or its payment partner/s and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between NomadRooms and/or its payment partner/s 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.

16.2 No Waiver. NomadRooms and/or its payment partner/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.

16.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without NomadRooms and/or its payment partner/s’ prior written consent. NomadRooms and/or its payment partner/s may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with NomadRooms and/or its payment partner/s UK).

16.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by NomadRooms and/or its payment partner/s via email or NomadRooms Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which NomadRooms and/or its payment partner/s transmits the notice.

17. Additional Clauses for Users Contracting with NomadRooms and/or its payment partner/s UK

The following paragraphs will apply if you are contracting with NomadRooms and/or its payment partner/s UK:

17.1 Payment Service User

17.1.1 The Payment Services include the payment collection service provided to Partners contracting with NomadRooms and/or its payment partner/s UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes NomadRooms and/or its payment partner/s UK treats Partners as the “payment service user.”

17.1.2 By agreeing to these Payments Terms you as a Partner have consented to NomadRooms and/or its payment partner/s UK’s payment of each Payout to your chosen Payout Method. Partners may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. NomadRooms and/or its payment partner/s UK will be deemed to have received the Room Owner’s payment order to the Room Owner on the same date NomadRooms and/or its payment partner/s UK agrees to initiate the Payout in accordance with Section 3.3

17.1.3 NomadRooms and/or its payment partner/s UK will endeavor to ensure that Partners based in the UK will receive each Payout by the end of the business day following NomadRooms and/or its payment partner/s UK’s initiation of the Payout.

17.2 Resolution Procedures for Diverted Payouts

17.2.1 If you as a Partner believe that a Payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your NomadRooms account (“Credentials”) are lost or stolen, you should notify NomadRooms and/or its payment partner/s immediately. Communicating.

17.2.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the NomadRooms Platform and/or Payment Services in accordance with the General Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.

17.2.3 If you as Partner claim not to have received a Payout properly due to you via your chosen Payout Method, NomadRooms and/or its payment partner/s will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.

17.2.4 Any complaints about the Payment Services should be made to NomadRooms.com. Complaints that are made in accordance with this section that relate to the provision of Payment Services by NomadRooms and/or its payment partner/s UK will be eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman Service offers a free complaints resolution service to individuals, micro-enterprises, small charities, and trustees of small trusts. You can contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500, on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm; (ii) post: South Quay Plaza, 183 Marsh Wall, London E14 9SR; or (iii) email: enquiries@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is also available in a number of different languages and if you need it you will be put in touch with a translator when you contact the UK Financial Ombudsman Service.

17.3 For Partners and Members with Mexico As Country of Residence

If Mexico is your country of residence, (i) upon successful receipt of payment from the Member following a booking, NomadRooms and/or its payment partner/s generally holds such funds due to the Partner in temporary custody until it is released to the Partner in accordance with Section 3.3.1, and (ii) the payment to the Partner will be effective only upon the start of the Partner’s Services and in accordance with Section 3.3.1. NomadRooms may be required to withhold taxes per applicable local laws, and such taxes will be due upon NomadRooms Payment’s release of the Partner Payout.

18. Additional Clauses for Users Contracting with NomadRooms and/or its payment partner/s Brazil

The following paragraph will apply if you are contracting with NomadRooms and/or its payment partner/s Brazil:

18.1 Installment Feature for Users with Brazil As Country of Residence

Section 2, “Member Terms”, shall be amended by adding the following subsection: “You acknowledge that if your country of residence is Brazil and you are paying by credit card, you may pay for your booking in multiple installments as long as your credit card supports installments and is issued in Brazil. The number of installments may vary, but will be presented to you before you complete your booking transaction. You acknowledge that the Total Price may be increased when you choose to pay for your booking in installments. Your use of the installment feature may be subject to additional terms and conditions imposed by the applicable third-party payment service provider.”

18.2 Depending on the country of residence of Members and Partners, payments due to Partners and applicable fees like NomadRooms Service Fees may require the execution of foreign exchange agreements or other related measures, as per applicable legislation.

18.3 If you are a resident in Brazil, by using the Payment Services you acknowledge and agree that NomadRooms and/or its payment partner/s acts as an agent of the NomadRooms entity providing NomadRooms Services to you and that you are contracting international services provided by such entity, as set forth in the General Terms.

18.4 You authorize NomadRooms and/or its payment partner/s Brazil, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), tax ID, your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). NomadRooms and/or its payment partner/s Brazil 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.

18.5 When processing payments from a Member, NomadRooms and/or its payment partner/s (and/or third parties contracted by it) may retain and/or report to the competent authorities (when applicable) information relating to the Member and/or the respective transaction to comply with applicable legislation and certain regulatory controls, and prevention of money laundering activities.

19. Additional Clauses for Users that are Businesses

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).

19.1 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.

19.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 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.

19.3 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.

19.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with NomadRooms for Work, as permitted by your account, you authorize NomadRooms and/or its payment partner/s to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.

19.5 For any Payout Method linked to your NomadRooms account, you authorize NomadRooms and/or its payment partner/s to store the Payout Method, remit payments using the Payout Method for bookings associated with your NomadRooms account and take any other action as permitted in the Payments Terms in respect of the Payout Method.

19.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.

20. Contacting NomadRooms and/or its payment partner/s

Please see our Communicating policy for a list of all communication channels including contacting NomadRooms.com in an emergency.

NomadRooms and/or its payment partner/s will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.

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