Payments Terms of Service
If you reside in, or the organization you are acting for is established in, the United States, the arbitration agreement and class actions waiver in Section 15 apply to you. Please read them carefully.
Last Updated: March 10, 2024
These Payments Terms of Service for users in the United States (“Payments Terms”) are a binding legal agreement between you and MiniStays Payments that govern the Payment Services (defined below) conducted through or in connection with the MiniStays Platform. When these Payments Terms mention “MiniStays Payments,” “we,” “us,” or “our,” it refers to the MiniStays Payments company you are contracting with for Payment Services.
MiniStays Payments provides payments services to Members publishing, offering and booking Accommodations, Experiences or other Host Services, including services in connection with the Open Homes Program and other current and future services provided via the MiniStays Platform. These payment services are provided for the benefit of Hosts and may include (if available) the following (collectively, “Payment Services”):
- Collecting payments from Guests (“Payin”), by charging the payment method associated with their MiniStays account, such as credit card, debit card, bank account or installments product provided by a credit provider (“Payment Method”);
- Effecting payments to Hosts (“Payout”) to a financial instrument associated with their MiniStays account, such as a bank account, a credit card, or a debit card (“Payout Method”);
- Effecting payments to a third-party Payout Method designated by a Host;
- Other payment related services in connection with Host Services.
In order to use the Payment Services, you must be at least 18 years old, must have an MiniStays account in good standing in accordance with the MiniStays Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.
Payment Services will be provided by the contracting entity based on your country of residence subject to any exceptions described below:
COUNTRY OF RESIDENCE | CONTRACTING ENTITY |
United States | MiniStays, Inc. (“MiniStays Inc”) |
Table of Contents
- Your use of the Payment Services
- Guest Terms
- Host Terms
- Appointment of MiniStays Payments as Limited Payment Collection Agent
- General Terms
- Damage Claims and Damage Amounts
- Abandoned Property
- Prohibited Activities
- Force Majeure
- Disclaimers
- Liability
- Indemnification
- Modification, Term, Termination, and other Measures
- Governing Law and Dispute Resolution
- United States Arbitration Agreement
- Miscellaneous
- Additional Clauses for Users Contracting with MiniStays Payments UK
- Additional Clauses for Users Contracting with MiniStays Brazil
- Additional Clauses for Users that are Businesses
- Contacting MiniStays Payments
1. Your use of the Payment Services
1.1 MiniStays Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. MiniStays Payments 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. MiniStays Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. MiniStays Payments 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. MiniStays Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by MiniStays Payments of those Third-Party Services.
1.3 Your MiniStays Account. MiniStays Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your MiniStays account. You may authorize a third party to use your MiniStays account if the feature is enabled for your MiniStays account. You acknowledge and agree that anyone you authorize to use your MiniStays account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Identification and Verification. You authorize MiniStays Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide. Also, if applicable, verifying the identity of the representative(s) and beneficial owner(s). This may include (i) screening you and, if applicable, your representative(s) and beneficial owner(s) against third-party databases or other sources. (ii) Requesting reports from service providers. (iii) Asking you and, if applicable, your representative(s) and beneficial owner(s) to provide a form of government identification (e.g., driver’s license or passport) to check your name, place and date of birth, your address, nationality and/or other information which we deem necessary under applicable laws. Or (iv), requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). MiniStays Payments 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. Guest Terms
2.1 Adding a Payment Method. When you add a Payment Method to your MiniStays account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to MiniStays Payments or its third-party payment processor(s). You authorize MiniStays Payments and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method, MiniStays Payments 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 MiniStays account so it can be used for a future transaction. You may not remove the Payment Method associated with a reservation during the period commencing from the date of your booking and ending fourteen (14) days following your check-out date. This also applies during any additional period of time needed to resolve any outstanding Damage Claim associated with such booking. When you add or use your bank account as a Payment Method, your bank account must be able to accept debits denominated in USD.
2.3 Payment Authorization. You allow MiniStays Payments 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 MiniStays account, including Damage Claim amounts in accordance with the Terms and with Section 6. When you pay using your bank account, you authorize MiniStays Payments to debit your bank account according to the payment schedule shown at checkout. You also authorize MiniStays Payments to further debit or credit your bank account to correct any erroneous debit, make necessary adjustments to your payment, or to issue a refund back to your bank 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. MiniStays Payments generally charges the Total Price due after the Host accepts your booking request and the Guest completes checkout. MiniStays may offer alternative options for the timing and manner of payment. Any additional fees for payment options will be displayed via the MiniStays Platform and included in the Total Price due, 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 MiniStays Payments is unable to collect the Total Price due, as scheduled, MiniStays Payments 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.
2.6.1 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 MiniStays Payments contracting entity. Any such limitations will be communicated via the MiniStays Platform. As a result, you will be prompted to select a different currency or Payment Method if your preferred currency is not available.
2.6.2 Note that if the country in which your MiniStays Payments contracting entity is located is different than the country of your Payment Method provider, 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, your Payment Method provider may impose certain fees and the amount listed on your Payment Method 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 Euro 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. MiniStays Payments is not responsible for any such fees and disclaims all liability in this regard. Please contact your Payment Method provider if you have any questions about these fees or any exchange rate imposed by your Payment Method provider.
2.7 Booking Request Status. If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or MiniStays cancels the booking, any amounts collected by MiniStays Payments and due to you pursuant to the policies described in Section 5.5, will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable) in accordance with Section 5.5.2
2.8 Payment Restrictions. MiniStays Payments reserves the right to decline or limit payments that we believe (i) may violate MiniStays Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, MiniStays, MiniStays Payments, or others to risks unacceptable to MiniStays Payments.
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. MiniStays Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility. MiniStays Payments 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 Pay part now, part later
2.11.1.1 MiniStays may make available to Guests 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 (“Pay part now, part later”). Availability of this option may depend on the Listing and/or Payment Method.
2.11.1.2 If you choose Pay part now, part later, the MiniStays Platform will notify you during check out of the amount, currency and schedule of each payment due. On the following payments due date, MiniStays Payments will automatically charge the original Payment Method you used to make the booking.
2.11.1.3 If you make a modification to a booking made with Pay part now, part later, MiniStays will notify you of the revised payment schedule, as applicable, and MiniStays Payments will automatically charge the original Payment Method you used to make the booking on the revised payment due dates. 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 Pay part now, part later, 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 MiniStays Payments is unable to collect your payment, MiniStays Payments 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 MiniStays to cancel the booking on your behalf. If the booking is canceled, you will be refunded based on the Host’s cancellation policy.
2.11.2 Recurring Payments
2.11.2.1 MiniStays requires minimum Stays of thirty (30) nights or more). MiniStays Payments requires a Guest to make recurring, incremental payments toward the Total Price owed. (“Recurring Payments”). More information on Recurring Payments will be made available via the MiniStays Platform. (including the amount and the frequency of payments)
3. Host Terms
3.1 Payment Collection. MiniStays Payments collects the Security Deposit of a booking at the time the Guest’s completing a booking. The first rental payment is made on the reservation’s start date and recurring payments are made every 30 days.
3.2 Valid Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your MiniStays account. When you add a Payout Method to your MiniStays account, you will be asked to provide information such as name, government identification, tax ID, billing address, and financial instrument information either to MiniStays Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information MiniStays Payments requires for a valid Payout Method may change, and MiniStays Payments may request additional information at any time; failing to provide requested information may result in MiniStays Payments temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize MiniStays Payments to collect and store your Payout Method information in accordance with MiniStays’s Privacy Policy. MiniStays Payments may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1 Subject to and conditional upon successful receipt of the payments from Guest, MiniStays Payments will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, the day of the Guest’s scheduled check-in time (or 24 hours after 3:00 pm local time – or 3:00 pm UTC if local time is unknown – if the check-in time is flexible or not specified); and (ii) for all other Host Services, at the time specified via the MiniStays Platform. For Accommodation bookings of thirty (30) nights or more, MiniStays Payments will generally initiate the first the day of the Guest’s scheduled check-in time, and will initiate future payouts every 30 days after the initial payout, for the duration of the reservation.
3.3.2 MiniStays Payments may offer you a different Payout time or trigger for payment. This may be subject to additional terms and conditions. The time it takes to receive Payouts once released by MiniStays Payments may depend upon the Payout Method you select.
3.4 Payout. Your Payout for a booking will be the Total Price due less applicable fees like MiniStays service fees and applicable taxes, and any amounts you agree to allocate to any co-host, or the owner(s) of an Accommodation, a homeowners’ association, and/or their agent (such as a building operator or property management company). In the event of cancellation of a confirmed booking, MiniStays Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. MiniStays Payments may temporarily place a hold, suspend, or cancel any Payout. This is for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, MiniStays Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Payout Currency. MiniStays Payments will remit your Payouts in the currency you select via the MiniStays 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 MiniStays contracting entity. Any such limitations will be communicated via the MiniStays 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 MiniStays Payments is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts. For compliance or operational reasons, MiniStays Payments may limit the amount of a Payout. If you are due an amount above that limit, MiniStays Payments 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 MiniStays Payments 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 from such third-party payment service providers. Please review them before using your Payout Method.
3.9 Handling of Funds. MiniStays Payments may combine amounts that it collects from Guests and invest them as permitted under applicable laws. MiniStays Payments will retain any interest it earns on those investments.
3.10 Your Payout Method, Your Responsibility. MiniStays Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
4. Appointment of MiniStays Payments as Limited Payment Collection Agent
4.1 Each Host, including each Host Team member, hereby appoints MiniStays Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
4.2 Each Host, including each Host Team member, agrees that payment made by a Guest through MiniStays Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that MiniStays Payments may refund the Guest in accordance with the Terms. Each Host understands that MiniStays Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. MiniStays Payments guarantees payments to Host(s) only for such amounts that have been successfully received by MiniStays Payments from Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, MiniStays Payments assumes no liability for any acts or omissions of the Host.
4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that MiniStays Payments is not a party to the agreement between you and the Host(s), including each Host Team member, MiniStays Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to MiniStays Payments, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and MiniStays Payments is responsible for remitting the funds successfully received by MiniStays Payments to the Host(s) in the manner described in these Payments Terms. In the event that MiniStays Payments does not complete the provision of the Payment Services and remit any such amounts, the Host(s) will have recourse only against MiniStays Payments and not the Guest directly for the failure on the provision of the Payment Services.
5. General Terms
5.1 Fees. MiniStays Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the MiniStays Platform.
5.2 Payment Authorizations. You authorize MiniStays Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging or debiting the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your MiniStays account (unless you have previously removed the authorization to charge or debit such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize MiniStays Payments to collect from you:
- Any amount due to MiniStays or MiniStays Payments. (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Host or user of the MiniStays Platform). Including reimbursement for costs prepaid by MiniStays or MiniStays Payments on your behalf. Any funds collected by MiniStays Payments will deduct the amount owed by you to MiniStays or MiniStays Payments and extinguish your obligation to MiniStays or MiniStays Payments.
- Any amount due to a Host from a Guest which MiniStays collects as the Host’s payment collection agent as further set out in Section 4 above.
- Taxes, where applicable and as set out in the Terms.
- Any amount you pay through the Resolution Center in connection with your MiniStays account.
- Any Damage Claim amounts owed to MiniStays or MiniStays Payments in accordance with the Terms and Section 6.
- Overstay penalties payable under the Terms, including any cost and expenses incurred in collecting the overstay penalty.
- Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Host, you cancel a confirmed booking).
- Any amounts already paid to you as a Host despite a Guest canceling a confirmed booking or MiniStays deciding that it is necessary to cancel a booking in accordance with the Terms, Rebooking and Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy. You agree that in the event you have already been paid, MiniStays Payments will be entitled to recover the amount of any such guest refund from you, including by subtracting such refund amount out from any future Payouts due to you.
If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, resolution center payments, or Damage Claims (“Additional Amounts”), you authorize MiniStays Payments to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. MiniStays Payments will notify you in writing before any Additional Amounts are charged.
If your Payment Method associated with the relevant booking is determined to be expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts. You authorize MiniStays Payments to charge or debit the Payment Method related to your booking again or use any other Payment Method on file associated with your MiniStays account, if available, to collect such Additional Amounts. Your bank may charge you an overdraft or other fees for each payment failure. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you.
If MiniStays has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and MiniStays Payments released the payout for such stay, MiniStays Payments may recoup from you such amount by reducing, deducting or debiting the amount from any future Payouts owed 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 MiniStays Payments 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 MiniStays Payments is unable to collect any amounts you owe under the Terms and these Payments Terms, MiniStays Payments may engage in collection efforts to recover such amounts from you.
5.3.2 MiniStays Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after MiniStays Payments first attempts to charge or debit your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s MiniStays account or the associated services have been provided, whichever is later.
5.3.3 MiniStays Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges or debits, after MiniStays Payments first attempts to charge or debit your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s MiniStays 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 MiniStays and/or MiniStays Payments by you. Such communications may be made by MiniStays, MiniStays Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1 MiniStays Payments 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 MiniStays Payments 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, deducting 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 MiniStays Payments.
5.5 Refunds
5.5.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating Circumstances Policy, and Rebooking and Refund Policy will be initiated and remitted by MiniStays Payments in accordance with these Payments Terms.
5.5.2 Subject to this Section 5.5.2, MiniStays Payments will initiate the refund process immediately. In case of a cancellation by Host, MiniStays Payments will hold the funds for up to 72 hours until the Guest is either refunded or the Guest directs MiniStays to use the funds to rebook with another Host. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the MiniStays Platform. The time it takes to receive any cash refund or for any pre-authorization of your Payment Method to be released will vary based 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, MiniStays Payments will initiate and process the refund as soon as is practicable.
6. Damage Claims and Damage Amounts
6.1 If you are responsible for Damage Claim amounts, pursuant to Section 15 of the Terms, MiniStays via MiniStays Payments may charge the Payment Method used to make the booking or any other payment method on file in your MiniStays account at the time of the Damage Claim or reasonably thereafter in order to collect Damage Claim amounts, up to a maximum amount as defined in Section 15 of the Terms. To facilitate this charge, when you book a Listing, you are agreeing that MiniStays via MiniStays Payments may charge the Payment Method used to book the Listing in order to collect Damage Claim amounts.
6.2 You agree that MiniStays Payments may seek to recover from you under any insurance policies you maintain and that MiniStays Payments may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to a Damage Claim, or payment requests made by Hosts.
7. Abandoned Property
If MiniStays Payments 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 Terms, Additional Legal Terms, Policies, or Standards;
- 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 MiniStays 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 MiniStays Payments or any of MiniStays Payments’ 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 We are required to act in accordance with our internal policies and the laws of various jurisdictions relating to the prevention of money laundering and the implementation of sanctions including: (i) economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U.S. government, including those administered by the Office of Foreign Asset Control or the U.S. Department of State; or (ii) by the United Nations Security Council, the European Union or His Majesty’s Treasury of the United Kingdom. You will comply with any relevant financial sanctions and any relevant export control laws applicable to you and to your local jurisdiction.
9. Force Majeure
MiniStays Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from abnormal or unforeseeable circumstances outside the reasonable control of MiniStays or MiniStays Payments, the consequences of which would have been unavoidable despite all efforts to the contrary, 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 MiniStays Payments’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, MiniStays Payments explicitly disclaims all liability for any act or omission of any Member or other third party. MiniStays Payments does not have any duties or obligations as agent for each Host 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 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 MiniStays account in any way, you are responsible for the actions taken by that person. Neither MiniStays Payments 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 MiniStays Payments 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 Hosts pursuant to these Payments Terms or an approved payment request under the Host Damage Protection or Japan Host Insurance, in no event will MiniStays Payments’ 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 MiniStays Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by MiniStays Payments 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 MiniStays Payments 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 MiniStays Payments’ 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.
12. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at MiniStays Payments’ option), indemnify, and hold MiniStays Payments 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, MiniStays Payments 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 MiniStays 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 MiniStays Payments reflected by these Payment Terms is effective when you create an MiniStays 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 MiniStays account. Terminating this agreement will also serve as notice to cancel your MiniStays account pursuant to the Terms. Without limiting our rights specified below, MiniStays Payments may terminate this agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address. MiniStays Payments 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) MiniStays Payments believes in good faith that such action is reasonably necessary to protect other Members, MiniStays, MiniStays Payments, or third parties.
13.4 Suspension and Other Measures. MiniStays Payments 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 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 MiniStays Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of MiniStays, its Members, MiniStays Payments, 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 MiniStays Payments takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.
13.6 Effect of Termination. If you cancel your MiniStays account as a Host or MiniStays Payments takes any of the measures described above, MiniStays Payments may provide a full refund to any Guests 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 MiniStays account as a Guest, MiniStays Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new MiniStays account or attempt to access and use the Payment Services through an MiniStays 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 MiniStays Payments US, these Payments Terms will be interpreted in accordance with the laws of the State of California 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 San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
15. United States Arbitration Agreement
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND MINISTAYS PAYMENTS AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.
15.1 Application. This Arbitration Agreement only applies to you if you are contracting with MiniStays Payment US. If you are not contracting with MiniStays Payments US, and you nevertheless attempt to bring any legal claim against MiniStays Payments 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. MiniStays Payments 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 MiniStays’s customer service team (described in Section 15.3), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and MiniStays Payments each retain the right to seek resolution of the dispute 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 MiniStays Payments each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice”) and attempt in good faith to negotiate an informal resolution of an individual claim. MiniStays Payments will send its Pre-Dispute Notice to the email address associated with your MiniStays account. A Pre-Dispute Notice must include: the date, your name, mailing address, your MiniStays username, the email address you used to set up your MiniStays account, your signature, 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 with the arbitration provider designated pursuant to Section 15.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.
15.4 Agreement to Arbitrate. You and MiniStays Payments 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 on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and MiniStays Payments agree that the arbitrator will decide that issue. For the avoidance of doubt, you and MiniStays agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 15, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved by an arbitrator.
15.5 Exceptions to Arbitration Agreement. You and MiniStays Payments 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); (ii) a request for the remedy of public injunctive relief; (iii) any claim or cause of action for vexatious litigation; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the MiniStays Platform or Host Services. You and MiniStays Payments agree that any request for 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 Forum, 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 Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules“) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the arbitrator (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and MiniStays Payments shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or MiniStays Payments may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.
15.7 Modification to Arbitration Rules – Arbitration Hearing/Location. In order to make the arbitration most cost-effective, efficient, and convenient to you, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
15.8 Modification of Arbitration Rules – Arbitration Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules. and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide MiniStays Payments with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, MiniStays Payments will pay your share of any arbitrator fees.
15.9 Modification of Arbitration Rules – Claims Brought for an improper Purpose or in Violation of This Arbitration Agreement. Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a 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 the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.
15.10 Arbitrator’s Decision. The arbitrator will issue a written decision which shall 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.
15.11 Jury Trial Waiver. You and MiniStays Payments acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.
15.12 No Class Actions or Representative Proceedings. You and MiniStays Payments 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 or as provided in this agreement, 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.
15.13 Mass Action Waiver. You and MiniStays Payments acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and MiniStays Payments agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 15 and 15.12 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or MiniStays Payments from participating in a mass settlement of claims.
15.14 Modification of Arbitration Rules – Mass Action Batching Requirements. If for any reason, notwithstanding Section 15.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 14 and 15.12 of these Terms.
15.15 Modifications of Arbitration Rules – Offers of Judgment. At least 10 days before the date set for the arbitration hearing, you or MiniStays Payments may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.
15.16 Severability. Except as provided in Section 15.12, 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.
15.17 Amendment to Agreement to Arbitrate. If MiniStays Payments amends this Section 15 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject the change by sending us written notice no later than thirty (30) days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your MiniStays username, the email address you used to set up your MiniStays account, your signature, and an unequivocal statement that you want to opt out of the amended Section 15. You must email the opt-out notice to support@MiniStays.com. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and MiniStays Payments (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and MiniStays Payments.
15.18 Survival. Except as provided in Section 15.16 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 MiniStays 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 MiniStays Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between MiniStays Payments 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. MiniStays Payments’ 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 MiniStays Payments’ prior written consent. MiniStays Payments 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 MiniStays Payments 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 MiniStays Payments via email or MiniStays 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 MiniStays Payments transmits the notice.
17. 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).
17.1 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.
17.2 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.
17.3 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.
17.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with MiniStays for Work, as permitted by your account, you authorize MiniStays Payments to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
17.5 For any Payout Method linked to your MiniStays account, you authorize MiniStays Payments to store the Payout Method, remit payments using the Payout Method for bookings associated with your MiniStays account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
17.6 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.
18. Contacting MiniStays Payments
You may contact MiniStays Payments regarding the Payment Services using payments@ministays.com.
MiniStays Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.