Please read these Terms of Service carefully as they contain important and binding information about your legal rights, remedies and obligations.
By accessing or using the Zen Navigator platform whether via the website, mobile, tablet or other smart device applications, you agree to comply with and be bound by these Terms of Service.
(01)Background
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1.1. We, Zen Navigator, registered in England and Wales under company number 09811319 registered office 189-190 Shoreditch High Street, London, E1 6HU (the “Zen Navigator”), are the operator of the website www.zennavigator.com (“website”) and the platform available to Zen Navigator Members through the website (“platform”)
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1.2. The Zen Navigator website and smart device applications showcase, and (via the website) allow Hosts to offer and Guests to book for holiday and short-term occupation, a collection of the world’s most professional, creative and inspiring spaces.
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1.3. These Terms of Service apply to and bind Zen Navigator Members, as well as anyone who accesses our website. These Terms of Service apply to short-term Bookings of Accommodation. For longer bookings different terms may apply and you should speak to the Zen Navigator.
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1.4. The most important thing for you to remember is that the website is a platform aiming to connect Guests with Hosts. We are not a party to the Guest/Host Agreement, and we are not an owner or operator of any of the Accommodation listed on our website and nor are we an organiser or retailer of travel packages under Directive (EU) 2015/2302. We are not responsible for any of the actions or inactions of Guests or Hosts. Some Hosts may be deemed to be an individual as opposed to a trader under consumer protection laws. Information regarding Hosts can be found on the listing pages. In the event this applies to your Host, consumer protection laws may not apply.
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1.5. We may change these Terms of Service at any time, and we will post any new versions of our Terms of Service on our website. By continuing to use our website, you are expressly agreeing to the Terms of Service in operation at that time. For the avoidance of doubt the applicable terms of the Guest/Host Agreement for Bookings will be those that are in force at the time of the relevant Booking
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1.6. We do not own, manage or have any rights in the Accommodation that Hosts list on our website (“Listings”) and we are not responsible for, and make no warranties or representations in relation to, any inaccuracy of Listings or the lack of suitability or safety of the Accommodation for the Guest’s proposed use. It is the Host’s responsibility to ensure the representations made in the Listing are accurate as they will be relied on by the Guest and the Zen Navigator. The Host agrees and warrants that they will at all times ensure that their Listings are up to date and accurate and the Guest agrees that, before booking, they have carried out all necessary investigations to ensure that the proposed Accommodation meets their needs.
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1.7. We do not carry out due diligence, money laundering or identity checks on Guests (other than we may at our discretion run ID checks on Guests). It is the responsibility of the Host to exercise due diligence and care before accepting a Booking Request.
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1.8. The Host is responsible for the decision on whether to accept or reject the Booking Request, the Zen Navigator provides an introduction service and makes no warranties about the suitability of the Guest
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1.9. The Zen Navigator is unable to guarantee that access to the Zen Navigator website, platform and other Zen Navigator applications will always be available, or that any content on it will be free of interruption, errors or omissions. However, we will use reasonable skill and care to avoid any such interruptions, unavailability, errors or omissions by having appropriate performance, security and quality controls in place.
(02)Becoming a Zen Navigator Member
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2.1. In order to become a Zen Navigator Member (and therefore be able to list or book Accommodation through our website as a Host or a Guest), you will need to create an account with us.
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2.2. You will be asked to provide us with certain registration information this information must be true and accurate. We will send you an email confirmation once your account has been opened.
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2.3. Only people over the age of 18 can create an account and become a Zen Navigator Member. Also, please do not create more than one account with us.
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2.4. When you choose a username and/or password during the account sign-up process, please keep it confidential and do not disclose it to anyone else.
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2.5. Your personal information will be collected and handled in accordance with our Privacy Policy. You warrant to us that all data provided by you is accurate.
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2.6. We take discrimination very seriously and as a Zen Navigator Member you must not discriminate against anyone for any reason or be abusive, offensive or defamatory. You must not post any communications which are discriminatory, offensive or defamatory on the website and/or our platform or other media and must not act in a discriminatory way either in writing or in person.
We have the right to block your access to and use of the website, platform, media and Zen Navigator services and to remove you as a Zen Navigator Member if you do. We may also remove any Listings that you have on the website and deny access to Accommodation if you are a Guest (in which case, on our notification to you, your Booking will be deemed to be cancelled by the Guest and the Host’s Applicable Cancellation Policy will apply).
If a Host is discriminatory, offensive, abusive or defamatory to a Guest then the Booking will be deemed to be cancelled by the Host and the terms of the Guest Refund Policy in Clause 6 “Cancellation and Refunds” will apply. The Zen Navigator’s decision on the application of the provisions of this clause is final and binding on all parties.
(03)Agents / Managers
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3.1. If you are a Zen Navigator Member acting in the capacity of an agent for a Guest or a Manager (as defined below) for a Host you hereby confirm and warrant to us and the other party that you have the irrevocable authority to enter into and bind the Guest or Host (as applicable) under these Terms of Service, Guest/Host Agreement and Host/Zen Navigator Agreement including the right to offer and make Bookings. You further warrant that the Guest or Host (as applicable) has read and understood these Terms of Service, Guest/Host Agreement and Host/Zen Navigator Agreement and, as applicable, the Host’s Applicable Cancellation Policy, and understands that by authorising you to act as their agent/Manager they are bound by these Terms.
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3.2. If the Guest uses an agent to make a Booking on the Guest’s behalf the Guest warrants and represents to the Zen Navigator and the Host that the agent has irrevocable authority from the Guest to make the Booking on the Guest’s behalf and bind the Guest to the terms of the Guest/Host Agreement.
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3.3. We do allow Hosts to appoint agents (“Managers”) to manage the Host’s Listing(s) and comply with the Host’s obligations contained in these Terms of Service, the Guest/Host Agreement and the Host/Zen Navigator Agreement.
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3.4. It is the responsibility of the Host to agree with their Manager the extent of the Manager’s authority and the Zen Navigator shall not be liable for any actions taken by the Manager outside their authority.
As Host you warrant and represent to us and we are entitled to assume that, where a Host has appointed a Manager, we may deal with and take instructions from the Manager on all aspects of Listings and Bookings unless otherwise notified in writing by the Host. For the avoidance of doubt this includes (but is not limited to) approving Listings, accepting Bookings, setting the Host’s Applicable Cancellation Policy and House Rules, Accommodation Charges, calendar availability and performing any other Host services and obligations.
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3.5. An agreement made between a Host and their Manager must not conflict with these Terms of Service, the Guest/Host Agreement, the Host/Zen Navigator Agreement and any other terms applicable to Bookings.
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3.6. Hosts should exercise due diligence and care when deciding who to appoint as their Manager. As Host you acknowledge that reviews from Guests may be affected by a Manager’s conduct and performance.
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3.7. If the Host no longer wishes to use their Manager the Host must notify us in writing and we will change the Host contact details on our system. The Host will be bound by any Bookings, decisions, acts or omissions made by the Manager before we received notice that the Manager has been disinstructed by the Host. We have one named Host on our system to whom all communication will be sent and instructions will be taken and therefore if the Host has appointed a Manager it will be the Manager’s details that are named and with whom we will communicate.
(04)Booking accommodation
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4.1. Guests may use the website to review Listings, check availability, and make a booking request for Accommodation (“Booking Request”).
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4.2. The Guest is then taken to a page where they review the Booking Request which will set out details of the Booking. If you wish to proceed then the Guest confirms the Booking Request by entering payment details, accepting the Terms of Service and the Host’s Applicable Cancellation Policy and where appropriate the House Rules. By doing this the Guest confirms the Booking Request.
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4.3. By confirming the Booking Request and providing their payment card or other payment method details, the Guest is offering to enter into a licence to occupy the Host’s Accommodation for the stated period at the stated price, in accordance with the terms of the Guest/Host Agreement. The Guest is also offering to pay for any additional services set out in the Booking Request.
By submitting a Booking Request the Guest is agreeing to be bound by these Terms of Service, the Guest/Host Agreement, the Host’s Applicable Cancellation Policy and the House Rules. They are also confirming that they have reviewed the Accommodation Listing and that the Accommodation is suitable for any specific needs that they may have.
(05)Charges, fees and payments
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5.1. Certain fees are payable in relation to our services as follows:
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- The “Accommodation Charges”: these are the charges that we collect from Guests on behalf of Hosts for the occupation of the Host’s Accommodation and any additional services that have been ordered.
- The “Security Deposit”: this is the amount specified in the Accommodation Listing which is a deposit against any damage caused to the Accommodation during each Guest’s stay. The amount will be applied as set out in this clause 5.
- The “Zen Navigator Service Fee”: this is the fee that we charge to Guests and Hosts for the provision of our service. The Zen Navigator Service Fees are up to 22% of the total Accommodation Charges plus applicable sales taxes. Guests and Hosts acknowledge and agree that once the Booking Confirmation has been sent, the Zen Navigator Service Fee is non-refundable, other than in the limited circumstances set out in the Guest Refund Policy and/or the Host’s Applicable Cancellation Policy.
- The Host “On-boarding Fee”: we charge a one-time On-boarding Fee to Hosts to help cover the cost of testing the home, creating the Listing, and the Zen Navigator Award assets. This is detailed in the Host/Zen Navigator terms.
- Zen Navigator may charge Guests and Hosts for other products and services from time to time. These will be agreed with the Host or Guest at the relevant time.
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5.2. Where additional payments have been agreed between Guests and Hosts after the Booking has been made (including but not limited to payments for additional services not included in the Booking and/or payments for loss or damage to the Accommodation during the stay) we reserve the right to charge Guests and Hosts (as applicable) up to 3.5% of the value of the payment plus applicable sales taxes to cover our out-of-pocket expenses in facilitating the payments between Guests and Hosts.
For the avoidance of doubt this includes payments after the end of the Guest’s stay where deductions are made from the Security Deposit due to damage caused by the Guest.
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5.3. When, as a Guest, you are required to provide us with payment card details, you must be the holder of that card or expressly and legally authorised by the holder to use the card for the intended purpose. If you, as a Guest, expressly authorise a third party to use your card, you are warranting and representing to the Zen Navigator that such authorisation is legal and permitted by the credit card company. You agree to pay all charges incurred by you or any users of your account at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your Bookings and notified to you.
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5.4. The Host appoints and expressly authorises the Zen Navigator to act as a collection agent solely for the limited purpose of taking payments from and, where applicable, providing refunds to, the Guest on behalf of the Host in relation to Bookings. You, as Guest, acknowledge and agree that if we take any payments from you, we are doing so as a collection agent acting on behalf of the Host for the limited purpose of accepting payments from you and passing the Accommodation Charges and if applicable the Security Deposit and other payments due to the Host in accordance with the terms of these Terms of Service, the Guest/Host Agreement and the Zen Navigator/Host Agreement and, as collection agent, we will be the merchant on record for taking payments.
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5.5. We may round up or round down amounts that are payable from or to Guests or Hosts, as reasonably necessary.
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5.6. If you are a Guest and are due a refund under the Host’s Applicable Cancellation Policy, then, provided that the Booking was fully paid for and that the Guest has not made (and has confirmed to us that they will not make) any chargeback request, we will pay the refund amount due to you within 14 days after we receive notice of cancellation, provided that we have retained or are able to collect the relevant monies from the Host. If we do not hold the relevant monies then the Host agrees that they will pay the refund within 14 days after notification of cancellation. Note that the Zen Navigator Service Fee is non-refundable except in limited circumstances which will be set out in the Host’s Applicable Cancellation Policy.
Please note that neither we, nor any Host, will be responsible for any additional fees, costs or expenses that you have incurred in relation to a cancelled booking (including travel costs or event tickets). You are therefore strongly advised to take out adequate travel insurance to cover any booking you make via the Zen Navigator.
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5.7. Guests shall be responsible for paying any hotel or tourist tax (or equivalent) that may be payable in relation to the occupation of the relevant Accommodation under applicable law. Please see clause 4.6, which sets out how we currently deal with hotel or tourist tax (or equivalent).
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5.8. The Guest is not permitted to make and the Host is not permitted to take any payments to the Host outside of the Zen Navigator service (including paying in cash for additional services). The Zen Navigator shall not be liable to the Guest (or to the Host) in relation to any payments that the Guest makes outside of the Zen Navigator service or for the delivery/non-delivery of services in relation to those payments.