1 - Contracting Entities

1.1 Mission of Host Member

The mission of our BonaVista platform for a Host Member is to act as an integrator that enables multiple properties to offer hospitality, amenities, safety, and memorable experiences to guest members. Our goal is to assist Host Members in making their properties profitable by connecting them with ideal Guest Members who perfectly fit their spaces.

1.2 BonaVista Host Member

Being a Host Member on Bonavista allows you to share your accommodation and earn money easily through our platform. Creating a listing is simple, and if you have any questions, our customer support team is available. You have control to choose options that suit your property and attract the right Guest Members to ensure profitability.

Autonomy of Host Members

The relationship with BonaVista is established as entirely independent. BonaVista acts as an intermediary between Host Members and Guest Members and in no way constitutes an employment relationship, whether as an employee, real estate agent, hotel operator, joint venture, or partner, unless acting as a collection and payment agent. Bonavista does not interfere in the direction or control of services provided by Host Members. Prices and conditions are exclusively defined through a mutual agreement between the parties, namely, between Host Members and Guest Members.

1.3. Management and Administration of Your Listing

1.3.1. Management and Administration of Your Listing: 

On the BonaVista platform, you have access to tools designed to facilitate the creation and effective management of your listing. Your listing must provide complete and accurate information about the property you are offering, including rates, cleaning fees, condominium or resort fees, regulations, inclusions, and exclusions. It is the sole responsibility of the Host Member to keep the calendar updated and ensure that the photos are clear and accurately reflect the property being offered. You can have a single listing or create multiple listings for multiple properties. Any offer made by a host member is subject to our additional legal terms, which are part of this terms and conditions agreement.

1.3.2. Search Parameters

The "search parameters" refer to the specific criteria you can use to refine and customize your search on the Bonavista platform. Here is a brief description of the mentioned search parameters:

1. Dates: You can specify your stay dates, including the arrival and departure dates, to find accommodations available during that period.
2. Number of Guests: Indicate how many people will be staying with you to search for properties that can adequately accommodate your group.
3. City: Specify the location or city where you want to find accommodation. This allows you to search for options in a specific place or preferred areas.
4. New or Experienced Hosts: Some platforms allow you to filter results based on whether the host is new to the platform or has previous experience. This option can be useful if you have specific preferences.
5. With Parking: If you need a parking space for your vehicle, you can select this option to find accommodations that offer this amenity.
6. Size: You can specify the size or type of property you are looking for, such as "entire apartment," "private room," or "entire house," depending on your needs and preferences.
7. Pet-Friendly: If you have pets, you can use this parameter to find accommodations that are pet-friendly. By using these search parameters, you can refine your results and find accommodation that best fits your specific needs and preferences.

1.3.3. Responsibilities

You are responsible for both your own actions and omissions, as well as the actions and omissions of anyone you authorize to participate in providing your services as a Host Member. It is also your responsibility to define the price, rules, and requirements of your listing. You must specify all charges and fees in your listing description and are not authorized to charge additional fees outside the platform, unless expressly allowed by the External Fees Policy, which must be notified in advance in the property policies. Any attempt to encourage work outside the platform will be considered a violation of the established agreements and terms, which may result in the immediate cancellation of your listing and a compensation of $500.00, which will be directly debited from the registered bank account.

1.3.4. Assumption of Risks:

By becoming a Host Member, you acknowledge the existence of inherent risks and fully accept these risks associated with your access and use of the BonaVista Platform, as well as offering your services as a Host Member and any interaction with other Members, whether in person or online. Additionally, you understand that you have had the opportunity to inform yourself about the BonaVista Platform and any laws, regulations, guidelines, or obligations applicable to your Listings or Services as a Host Member, and that you do not rely on any legal representation or statement of rights made by BonaVista.

1.4. Modification of Reservations, Cancellations, and Force Majeure Events:

1.4.1. Cancellations made by a Guest Member are divided into two categories: voluntary cancellation and force majeure cancellation.

1. Voluntary Cancellation: The conditions established in the agreements between the Host Member and the Guest Member will apply.
2. Force Majeure Cancellations 1: This category includes situations such as natural disasters, aircraft destruction, pandemics, or death. A 100% refund will be issued if notification is provided before the scheduled arrival.
3. Force Majeure Cancellations 2: In case of physical accidents occurring after arrival, the Guest Member may request an early cancellation from the Host Member and negotiate the amounts to be paid, promptly surrendering the property.

1.4.2. Cancellations made by a Host Member are divided into two categories: voluntary cancellation and force majeure cancellation.

1. Voluntary Cancellation: Bonavista will charge 80% of the amount collected as a fee for managing and investing in assisting the Guest Member in relocating to another property with similar features to the one reserved.
2. Force Majeure Cancellations: These include situations such as natural disasters, pandemics, or the death of the Host Member. Immediate repairs, such as air conditioning, locks, leaks, or the suspension of water, electricity, gas, or internet services, will be subject to reconsideration without penalties, provided relevant documentation is provided.

1.4.3. Reservation Modifications:

 Host Members and Guest Members are responsible for any reservation modifications they agree to make through the BonaVista Platform or request through customer service on their behalf. Additionally, they agree to pay any additional amount, commission, or tax associated with such modifications according to the established modification policies.

1.5. Taxes: 

Taxes will be the responsibility of Guest Members and Host Members. However, they must provide their tax identification numbers in their records. In cases where it is mandatory, taxes for this transaction will be deducted, and the respective documentation indicating the amount remitted to the tax authorities will be issued.

2. Guest Agreement

2.1. Guest Member Mission

Our mission is to bring together Guest Members and Host Members on our platform who desire the comforting feeling of a home in any destination they visit. We offer a wide variety of options that open the doors to a unique accommodation experience, ranging from cozy rooms to luxurious homes. If you wish to obtain detailed information about the perfect place for your stay, we invite you to explore the complete description, captivating images, and detailed profile of Host Members. We are here to make your experience unforgettable.

2.2. Searching and Booking on Bonavista

A Guest Member can customize their search for services offered by Host Members using a variety of criteria to find the option that best suits their preferences. Among the available criteria, you can select the type of property you are interested in, your travel destination, stay dates, and the number of guests. Furthermore, to further refine the results, you have the option to use additional filters such as price range, availability on desired dates, reviews from other customers, and minimum or maximum stay requirements. Our platform is designed to help you efficiently and accurately find the perfect option for your trip.

2.3. Cancellations, Travel Disruptions, Refunds, and Reservation Modifications

2.3.1. Cancellation by Guest Member: 

If you cancel a reservation as a Guest Member, the refund is governed by the cancellation policy. In exceptional situations, such as force majeure events, different rules may apply. However, if the Host Member cancels or experiences an issue with the property, you may receive a refund or assistance according to the corresponding policies. These policies vary depending on the listing category, and we will adhere to the cancellation terms for Guest Members and Host Members.

2.3.2. Reservation Modifications:

Host Members and Guest Members are responsible for any reservation modifications they agree to make through the Bonavista Platform or request through customer service on their behalf. Additionally, they agree to pay any additional amount, commission, or tax associated with such modifications in accordance with the established modification policies.

2.4. Guest Member Responsibility and Assumption of Risks

2.4.1. Responsibilities:

You are responsible for both your own actions and omissions, as well as the actions and omissions of any person you authorize to participate in obtaining this service as a Guest Member. It is also your responsibility to accept or deny the price, rules, and requirements of the listing. You should review all charges and fees in the listing description, and if you disagree, you can explore other options within the broad spectrum of Host Members. Under no circumstance does BonaVista compel parties to agree. If you accept additional fees outside the platform, they must be expressly permitted by the External Fee Policy, which must be notified in advance in the property policies.

Any attempt to encourage work outside the platform will be considered a violation of the established agreements and terms, which may result in the immediate cancellation of your listing and a penalty of $500.00 USD, which will be directly charged to the registered bank account.

2.4.2. Assumption of Risks:

By becoming a Guest Member, you acknowledge the existence of inherent risks and fully accept these risks associated with your access and use of the BonaVista platform, as well as offering services from Host Members and any interaction with other Members, whether in person or online. Additionally, you understand that you have had the opportunity to inform yourself about the BonaVista Platform and any laws, regulations, guidelines, or obligations applicable to your Listings or Services as a Guest Member and that you do not rely on any legal representation or statement of rights made by Bonavista. This agreement is the sole agreement established between the Host Member and Guest Member.

3. General Agreement Terms

3.1. Reviews:

After each hosting experience, both Guest Members and Host Members have the opportunity to provide mutual reviews. It is essential that these reviews are truthful, accurate, and respectful, avoiding any form of discriminatory, offensive, or defamatory language that violates our content and review policies. It's worth noting that BonaVista does not verify the authenticity of reviews, meaning that some reviews might not accurately reflect reality or could potentially be misleading. Nevertheless, we encourage all our members to contribute constructively to their reviews so that others can benefit from their experiences and encourage continuous improvement of facilities.

3.2. Content:

Certain areas of the BonaVista platform allow users to provide content, including comments, text, photos, audio, video, information, and other types of content (hereinafter, the "Content"). By sharing such Content, whether through text or other means, you grant BonaVista a non-exclusive, global, royalty-free, irrevocable, perpetual, sublicensable, and transferable license. This license allows BonaVista to copy, modify, create derivative works, distribute, publish, and exploit the Content in any way without restrictions. In the case where the Content contains personal information, its handling is governed by our Privacy Policy, which details how such data is treated.

When BonaVista pays for the creation of Content or facilitates its creation, it might become the owner of said Content, and additional terms or disclosures will provide clarity in this regard. Users are solely responsible for all Content they share and must ensure they own the rights or are duly authorized to grant BonaVista the rights mentioned in these Terms. Moreover, users are responsible if any of their Content violates or infringes on the intellectual property rights or privacy of third parties.

It is crucial that all Content complies with our policies, such as the Content Policy and the Anti-Discrimination Policy. These policies prohibit any content that is discriminatory, obscene, harassing, misleading, violent, or illegal, among other aspects. Please note that BonaVista might offer automated services or tools to translate the Content, and while it strives to provide accurate translations, it cannot guarantee the quality or accuracy of such translations. Ultimately, members are responsible for verifying the accuracy of these translations.

3.3. BonaVista Service Fees

With the aim of maintaining the optimal functioning of the BonaVista platform and subsidizing costs associated with essential services, such as our 24-hour customer support team, we apply a fee when confirming a reservation. We offer three fee options designed to fit your needs:

3.3.1. Shared Fee:

This is the most common and equitable option, dividing the fee between the host and the guest.

- Host Member Fee: Most hosts pay a 3% service fee, although some may be subject to a higher percentage. We calculate this service fee based on the reservation subtotal (nightly rate + cleaning fee + additional guest fee, if applicable), excluding BonaVista fees and taxes. It is automatically deducted from the payment received by the host.

- Guest Member Fee: Most guest service fees are below 14.2% of the reservation subtotal, including the nightly rate, cleaning fee, and additional guest fee (if applicable), excluding BonaVista fees and taxes. This fee varies based on various factors and is displayed before confirming the reservation to ensure guest members are informed.

3.3.2. Exclusive Host Member Fee:

In this structure, the entire fee is deducted from the payment received by the Host Member. It usually ranges between 14% and 16%, although hosts with very strict cancellation policies might be subject to higher fees, while fees for longer stays could be lower. This fee is mandatory for traditional hospitality establishments like hotels and serviced apartments, as well as for hosts using property management software.

3.3.3. Fee for "Gold" Flagship Properties:

This fee applies to properties that meet the BonaVista protocol regarding inventory and features. These properties require a pre-inspection to be part of the Gold badge. Shared fees for the host are reduced to 2%, and for the guest to 10%, or when the full fee applies, it is 12%. The calculation is based on the reservation subtotal (nightly rate + cleaning fee + additional guest fee, if applicable), excluding BonaVista fees and taxes.

Important - VAT and Others:

According to applicable laws in the corresponding jurisdiction, VAT might apply to the mentioned fees. The service fee includes VAT when necessary, as well as municipal fees for short-term rentals.

We reserve the right to modify our service fees at any time. We will always notify you of any changes to the fees before they become effective, and these changes will not affect bookings made before the modification's effective date. If you disagree with a fee change, you can terminate this contract at any time in accordance with the provisions outlined in this terms and conditions agreement.

3.4. BonaVista Platform Rules

3.4.1. Rules:

It is essential to follow these rules and not contribute to or encourage others to violate or evade them.

1. Maintain ethical conduct and show consideration for others.
2. Always display courtesy and consideration in your communications and interactions with others.
3. Comply with our Anti-Discrimination Policy and avoid any form of discrimination or harassment towards others.

3.4.2. Prohibited Activities:

It is strictly prohibited to extract content, illegally access, reverse engineer, or compromise the integrity of the BonaVista Platform.

1. Refrain from using bots, crawlers, data miners, or other automated methods to access, collect data, or interact with the BonaVista Platform automatically.
2. Avoid any unauthorized access and refrain from disabling, removing, weakening, or attempting to bypass any technological or security measures designed to protect the BonaVista Platform or its Content.
3. Attempting to decrypt, decompile, disassemble, or reverse engineer any software or hardware on the Bonavista platform is prohibited.
4. Prohibited actions include anything that may cause harm or negatively affect the proper functioning of the BonaVista Platform.

3.4.3. Proper Use of BonaVista Platform:

Use the BonaVista Platform only in accordance with these Terms or any other agreement you have with us.

1. You may use another Member's personal information to the extent necessary to facilitate a transaction through the BonaVista Platform, in accordance with the authorization granted in these Terms.
2. Refrain from using the BonaVista Platform, our messaging tools, or Members' personal information to send commercial messages without the express consent of the recipient.
3. Use the content available on the BonaVista Platform solely to the extent necessary to facilitate the use of the BonaVista Platform as a Guest Member or Host Member.
4. If you make reservations or payments outside the BonaVista platform with the intent to evade fees, taxes, or for other reasons, you will be in violation of our offline fee policies. Penalties detailed in the policies will apply, including a penalty of $500.00, and your membership may be canceled.

3.4.4. Legal Responsibilities:

Fully understand and comply with applicable laws, including those related to privacy, data protection, and export.

1. If you provide another person's personal information, you must do so in accordance with applicable laws, have proper authorization from that person or persons, and grant us consent to process such information in accordance with our Privacy Policy.
2. Read and adhere to our Terms, Additional Legal Terms, Policies, and Standards.
3. Do not organize or facilitate events or parties without proper authorization. You are responsible and will be held accountable for any event or party that occurs during your reservation and violates our event and party rules, which are incorporated by reference herein.
4. Avoid unauthorized use of the BonaVista name, logo, trademark, and only follow the guidelines outlined in our Trademark Use Guidelines.
5. Refrain from using or registering domains, social media usernames, trade names, trademarks, logos, or other identifiers that may cause confusion with the BonaVista brand.
6. Do not offer Host Member Services that violate applicable laws or agreements.
7. Do not promote or engage in activities related to prostitution, facilitate or be involved in human trafficking.
8. Avoid offering esthetician services or surgical interventions within properties, as this goes against current health and sanitary regulations. Any violations in this regard fall solely within the responsibility of the Guest Member. It is important to note that the Guest Member is not involved in these activities, and our platform assumes no responsibility for Members' actions, as our sole function is to facilitate Member integration without assuming direct or indirect responsibilities for their actions.

3.4.5. Reporting Violations:

If you suspect that a Member, Listing, or Content poses an imminent risk to the safety of a person or property, it is necessary to immediately contact local authorities before contacting BonaVista. Also, if you believe that a Member, Listing, or Content has violated the Rules, we urge you to share your concerns with BonaVista. In case you have reported to local authorities, BonaVista may require a copy of such report to address violations with the affected member. Unless required by law otherwise, please note that we are not obligated to take action in response to any report.

3.4.6. Copyright Notifications:

If you believe that the content on the BonaVista Platform infringes copyright, please notify BonaVista in accordance with the Copyright Policy.

3.5. Termination, Suspension, and Other Measures:

3.5.1. Validity Period:

The agreement between you and BonaVista, as reflected in these Terms, becomes active when you access the BonaVista Platform (e.g., by creating an account) and remains in effect until you or BonaVista decide to terminate the agreement in accordance with these Terms.

3.5.2. Termination:

You have the option to terminate this agreement at any time by sending an email or deleting your account. BonaVista may terminate this agreement and your account for any reason, notifying you 30 (thirty) days in advance via email or using the contact information you provided in your account. Additionally, BonaVista may terminate this agreement immediately and without prior notice and cease providing access to the BonaVista Platform if you breach these Terms, violate our Additional Legal Terms or Policies, infringe applicable laws, or if we reasonably believe termination is necessary to protect BonaVista, its Members, or third parties. If your account remains inactive for a period of more than two years, we may terminate it without notice.

3.5.3. Violations by Members:

In case you (i) breach these Terms, our Additional Legal Terms, our Policies or Standards, (ii) violate applicable laws, regulations, or third-party rights, or (iii) BonaVista reasonably considers termination necessary to protect BonaVista, its Members, or third parties, BonaVista may, with or without prior notice:

1. Suspend or limit your access or use of the BonaVista Platform and/or your account.
2. Suspend or remove Listings, Reviews, or other Content.
3. Cancel pending or confirmed reservations.
4. Suspend or revoke any special status associated with your account.

3.6. Modification of the BonaVista Platform:

BonaVista can modify these Terms at any time. If changes are made to these Terms, the revised version will be published on the BonaVista Platform, and the "Last Updated" date at the beginning of these Terms will be updated. You will also be notified of significant changes by email at least 30 days before the effective date. If you disagree with the modified Terms, you must immediately terminate this contract as per these Terms. If you do not terminate the contract before the updated Terms take effect, your continued access or use of the BonaVista Platform will constitute acceptance of the modified Terms.

3.7. Complaint Handling and Damage Resolution:

If a Member-Anfitrión provides valid evidence that you, as a Member-Huésped or any of your companions, including your pets, caused damage to the Member-Anfitrión's movable or immovable property, including consequential or indirect damages ("Damage Claim"), the claiming Member can notify BonaVista and request compensation through the Member-Anfitrión Help Center. The Member-Huésped will be notified about the Damage Claim and will be given an opportunity to respond. If you agree to pay, or if the Damage Claim is submitted to BonaVista and BonaVista determines at its sole discretion that the Damage Claim is valid and you are responsible for it, BonaVista, through BonaVista Payments, may charge the amount of the Damage Claim to you. You agree that BonaVista may attempt to collect from you and pursue other available avenues of action and/or claims against you.

It's important to note that for a claim to be considered valid, it must be reported within 24 hours. BonaVista will act as a mediator to resolve this damage, without assuming responsibility in any degree.

3.8. BonaVista's Functions:

BonaVista does not have control over the conduct of Members-Huéspedes and Members-Anfitriones. You acknowledge that BonaVista has the right, though not the obligation, to monitor the use of the BonaVista Platform and verify the information provided by Members. For example, we may review, disable access, remove, or edit Content to: (i) operate, protect, and improve the BonaVista Platform (including for fraud prevention, risk assessment, investigation, and customer support purposes); (ii) ensure Members' compliance with these Terms; (iii) comply with applicable law or a court order, law enforcement, administrative or governmental order or requirement; (iv) address Content that we determine is harmful or objectionable; (v) enforce these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that do not meet the quality and eligibility criteria. Members acknowledge and agree that BonaVista administers its Additional Legal Terms, Policies (such as our Force Majeure Policy), and Standards (such as the basic requirements for hosts), including decisions on how to apply them to a particular situation, at its sole discretion, in accordance with the parameters set in the Policies. Members agree to cooperate and assist BonaVista in good faith and provide BonaVista with information and take actions that BonaVista reasonably requests with respect to any investigation conducted by BonaVista regarding the use or abuse of the BonaVista Platform. BonaVista does not act as an agent for any Member, except when BonaVista Payments acts as a collection agent as set forth in the Payment Terms.

3.9. Member-Huésped and Member-Anfitrión Accounts:

You must register an account to access and use the various features of the BonaVista Platform. Registration is only allowed for legal entities, associations, and natural persons over 18 years of age with valid identification from competent authorities. You declare and warrant that you are not a person or entity that cannot use the BonaVista Platform in accordance with the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account as it is non-transferable. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose them to any third party. You are responsible for activities conducted through your account and must immediately notify BonaVista if you suspect your credentials are lost, stolen, or if your account is otherwise compromised. If applicable law allows, BonaVista may, but is not obligated to: (i) request you to provide identification or other information, (ii) perform checks designed to help verify your identity or background, (iii) compare your information against third-party databases or other sources and request reports from service providers, and (iv) obtain criminal background records or sex offender registry records or their local equivalents. However, BonaVista reserves the complete right to cancel an account if, upon conducting an investigation, inconsistencies in the provided information are validated, without the need to produce any indemnity.

3.10. Disclaimer of Warranties:

We offer the BonaVista Platform and all Content "as is," without any warranty of any kind, and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or guarantee the existence, conduct, performance, safety, quality, legality, or suitability of any Member-Huésped, Member-Anfitrión, Anfitrión Service, Listing, or third party; (ii) we do not guarantee continuous performance or the absence of interruptions on the BonaVista Platform; and (iii) we do not guarantee that identity or background checks conducted on Listings or Members (if any) identify past misconduct or prevent future misconduct. Any reference to a "verified" Member or Listing (or similar language) indicates solely that the Member or Listing or BonaVista has completed a relevant verification or identification process and nothing else. The limitations of liability in these Terms apply to the fullest extent permitted by law. If you have rights or warranties established by law that we cannot disclaim, the duration of such rights or warranties established by law is limited to the maximum extent permitted by law.

3.11. Limitations of Liability:

Neither Bonavista, nor its subcontractors, nor any other party involved in the creation, production, or delivery of the BonaVista Platform or any Content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of reputation, service interruption, computer damage or system failure, or the cost of substitute products or services, or for any personal or bodily injury or emotional distress or moral harm arising out of or related to (i) these Terms, (ii) the use or inability to use the BonaVista Platform or any Content, (iii) any communication, interaction, or meeting you may have with anyone you interact with or meet through the BonaVista Platform or as a result of your use, or (iv) the posting or booking of a Listing, including the provision or use of Member-Anfitrión Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not BonaVista has been informed of the possibility of such damage, even if a limited remedy set forth in these Terms has failed of its essential purpose.

Except for our obligation to remit payments to Member-Anfitriones under these Terms, BonaVista's total liability for any claim or dispute arising out of these Terms or in connection with them, your interaction with any Member, or the use or inability to use the BonaVista Platform, any Content or any Member-Anfitrión Service, will not exceed in any case the amount you paid as a User during the 12-month period preceding the event giving rise to liability.

These limitations of liability and damages are fundamental elements of the contract between you and BonaVista. If applicable law does not allow the limitations of liability set forth in these Terms, the foregoing limitations may not apply to you.

Additionally, in the event that a governmental decision suspends the service of our platform without prior notice, BonaVista will not be held responsible directly or indirectly, without entitlement to compensation.

3.12. Indemnification:

To the maximum extent permitted by applicable law, you agree to the following provisions:

Release, defend, and hold BonaVista (including BonaVista Payments) harmless from any claim, liability, damage, loss, and expense, including reasonable legal and accounting fees, arising or in any way related to:

1. Your breach of these Terms and Conditions within the legal and operational framework will result in compensation.
2. Interactions between Members-Huéspedes and Members-Anfitriones.
3. Inappropriate use of the platform.
4. Inappropriate use during your stay at an Accommodation, including, among others, any injury, loss, or damage (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation, or use.
5. Failure to report, collect, or remit taxes in accordance with your instructions.
6. Your breach of any law, regulation, or third-party rights, such as intellectual property or privacy rights.

Additionally, you acknowledge that BonaVista is exempt from any liability and has the right to seek damages for any judicial or extrajudicial actions that may arise as a result of the aforementioned cases.

3.13. Contracting Entities:

Depending on your country of residence or establishment and the activity you carry out on the BonaVista Platform, the BonaVista entity with which you are contracting will be the one identified on the Bonavista platform. If a different BonaVista entity is identified on the BonaVista Platform as being responsible for a specific service, feature, or transaction, that entity will be your contracting entity for that service, feature, or transaction. In the event you change your country of residence or establishment, the BonaVista company with which you contract and the applicable version of the Terms and Conditions of Service will be determined based on your new country of residence or establishment, starting from the date you make such change. The BonaVista platform will be subject to compliance with the laws of your new country of residence, while maintaining all principles of the previously established contract intact.

3.14. Governing Law and Jurisdiction:

If you are a resident of the United States or Latin America, these Terms shall be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to applicable conflicts of law. Judicial proceedings (except for legal actions for small claims) that are excluded from the arbitration agreement must be brought before a state or federal court in Florida, specifically in the city of Miami, unless both parties agree to another location. Both you and we agree that venue and personal jurisdiction will lie in Miami, Florida.

3.15. Arbitration Agreement and Dispute Resolution:

A. Scope: 

This Arbitration Agreement is valid exclusively for Members residing or established in the United States. If you reside or are established in a country other than the United States and nevertheless attempt to file a legal claim against Airbnb in the United States, this Arbitration Agreement will apply to determine beforehand whether it is applicable to you or not, and all other issues relating to residency, arbitrability, governing law, and applicable jurisdiction.

B. General Overview of the Dispute Resolution Process:

B.1. BonaVista commits to engaging in a consumer-friendly dispute resolution process. These terms provide a two-part process for individuals:

B.2. Firstly, an informal negotiation will take place directly with BonaVista's customer service team and any involved member.

B.3. Secondly, if necessary, binding arbitration administered by the American Arbitration Association ("AAA") will be pursued.

B.4. Both BonaVista and you retain the right to seek resolution of the dispute in a small claims court as an alternative to arbitration.

Pre-Arbitration Mandatory Notification and Resolution of Disputes Between Members:

1. Before initiating an arbitration proceeding, you and BonaVista agree to notify the other party about the dispute in writing and attempt to negotiate a friendly and informal resolution in good faith.
2. You shall send your notification by postal mail to BonaVista at the following address: [BonaVista Address]. BonaVista will send its dispute notification to the email address associated with your BonaVista account.

The notification of the dispute should include: your name and preferred contact information, a brief description of the dispute, and how you believe the matter should be resolved.

If the parties cannot resolve the dispute within the 30-day period, only then may either party initiate arbitration by filing a written Arbitration Demand available on the website: https://www.adr.org/ with the American Arbitration Association ("AAA") and providing a copy to the other party as specified in the AAA rules, and notifying BonaVista, failure to notify either party will render the dispute null and void.

C. Arbitration Agreement:

You and BonaVista mutually agree that any dispute, claim, or controversy arising in connection with these Terms, their applicability, breach, termination, validity, enforcement, or interpretation, or any use of the BonaVista Platform, Host Member Services, or any Content (hereinafter, "Dispute") shall be resolved through an individual binding arbitration process, constituting the "Arbitration Agreement." In the event of a dispute regarding whether this Arbitration Agreement is applicable or enforceable in a specific Dispute, you and BonaVista agree that the arbitrator will make the final decision regarding it.

Exceptions to the Arbitration Agreement:

You and BonaVista agree that the following causes of action and/or requests for emergency equitable relief are exceptions to the Arbitration Agreement and may be pursued in a court of competent jurisdiction:

C.1. Any claim or cause of action alleging infringement, misappropriation, or violation, actual or potential, of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

C.2. Any claim or cause of action seeking emergency equitable relief based on exigent circumstances (e.g., imminent danger, commission of a crime, cyber-attack).

C.3. A request for public injunctive relief.

C.4. Any individual claim of sexual assault or sexual harassment arising from your use of the BonaVista Platform or Host Member Services.

D. Arbitration Rules and Applicable Law:

This Arbitration Agreement reflects an interstate commercial transaction, and therefore, the United States Federal Arbitration Act governs the interpretation and enforcement of this provision in its both procedural and substantive aspects. The arbitration shall be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other arbitration rules of the AAA as determined applicable (the "AAA Rules") in effect at that time, except as modified herein. The AAA Rules are available at www.adr.org. To initiate arbitration, a complete written demand (available at www.adr.org) must be filed with the AAA, and a copy must be provided to the other party, as specified in the AAA rules.

BonaVista and you agree that the public injunctive relief remedy shall continue after the arbitration in respect of all arbitrated claims, remedies, or causes of action and shall be stayed pending the outcome of the arbitration pursuant to Section 3 of the Federal Arbitration Act.

E. Modification of AAA Rules - Hearing/Arbitration Venue:

In order to make arbitration as convenient as possible for all parties, BonaVista agrees that any required arbitration hearing can occur at your choice:

1. In the county of your residence.
2. In Miami-Dade County.
3. Through a recorded video conference.

If the dispute amount is $7,000 or less, the parties agree to proceed solely based on document submission to the arbitrator.

F. Modification of AAA Rules - Arbitration Fees and Attorney Costs:

Arbitration fees and arbitrator compensation will be governed according to the AAA Rules. Either party may request the arbitrator to award attorney fees and costs incurred by demonstrating that the other party filed a claim, counterclaim, or defense that lacks factual or legal basis, was filed in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

G. Arbitrator's Decision:

The arbitrator shall render an award that includes essential findings and conclusions on which the decision was based. The arbitration award may be entered in any court with competent jurisdiction. The arbitrator may grant any relief allowed by law or the AAA Rules, but declaratory or injunctive relief can only be awarded individually and only to the extent necessary to provide the relief warranted by the individual claimant's claim.

H. Waiver of Jury Trial:

You and BonaVista acknowledge and agree that both waive the right to a jury trial concerning all arbitrable disputes.

I. Absence of Class Actions or Representative Proceedings:

You and BonaVista acknowledge and agree that, to the extent permitted by law, both waive any right to participate as a plaintiff or class member in any class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative or consolidated proceeding. Unless the parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims or preside over any representative proceeding. If the waiver of "class action" or "all class arbitration" in this section is deemed unenforceable or inapplicable with respect to any Dispute, the Arbitration Agreement as a whole will be deemed null and void with respect to that Dispute, and the controversy must be resolved in the appropriate court of competent jurisdiction. If the waiver of "private attorney general action" or the waiver of "representative proceeding" in this section is deemed unenforceable or inapplicable with respect to any dispute, those waivers may be severed from this Arbitration Agreement, and you and Bonavista agree that any private attorney general claims and representative claims in the dispute will be stayed, pending the resolution of any individual claims in the arbitration proceeding.

J. Severability:

Except as provided in the preceding section, if any part of this Arbitration Agreement is deemed illegal or unenforceable, that provision shall be severed, and the rest of the Arbitration Agreement will continue in full force and effect.

K. Modifications to the Arbitration Agreement:

If BonaVista makes changes to this Arbitration Agreement after the date on which you last accepted these Terms and Conditions (or any subsequent changes to these Terms), you have the option to reject those modifications by notifying us in writing (including email) within thirty (30) days from the date the changes become effective. However, rejecting a modification will not affect or invalidate your prior consent to arbitrate any Dispute between you and BonaVista (or your prior consent to any subsequent changes to it), which will remain valid and enforceable with respect to any Dispute between you and BonaVista.

L. Survival:

Except as provided in this Section and subject to the Termination Section, this provision will survive the termination of these Terms and will apply even if you stop using the BonaVista Platform, cancel, or close your account on BonaVista.

3.16. Dispute Resolution, Jurisdiction:

Disputes will be resolved under the laws and jurisdiction of Miami. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If you are an individual consumer, and the legal regulations for consumer protection in your country of residence provide more favorable provisions for you, those provisions will apply regardless of the choice of Florida law. This provision applies to the location where the property was booked; if you are a permanent resident in another location, the property's domicile will apply.

As an individual consumer, you can pursue any legal proceedings related to these Terms in the competent court in your place of residence or in the competent court of BonaVista in Florida. If BonaVista wishes to exercise any of its legal rights against you as a consumer, it will only do so in the courts of your jurisdiction of residence. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the courts of Florida.

3.17. General Terms and Provisions:

The terms and policies mentioned are incorporated by reference and are an essential part of your contract with BonaVista. Additionally, the interpretation section states that these terms, along with any additional information provided within the product, constitute the complete contract between you and BonaVista regarding the BonaVista Platform. These terms do not grant rights to third parties, and if any provision is deemed void or unenforceable (except as provided in Section 3.15.L), that provision will be removed without affecting the validity of the remaining provisions. Furthermore, words denoting obligation in these terms must be fulfilled.

The following terms, policies, and conditions apply to your use of the BonaVista Platform:

1. Our Host Protection Policy
2. Refund and Change Reservation Assistance Policy
3. Content Policy
4. Anti-Discrimination Policy
5. Force Majeure Policy
6. Additional Legal Terms
7. Policies, Standards, and other complementary policies and terms linked to these Terms.

3.17.1. No Waiver: 

BonaVista's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision, unless expressly agreed otherwise in writing. Except as expressly stated in these Terms, the exercise of any remedy by any party under these Terms will not affect its right to exercise any other remedy under these Terms or provided by law.

3.17.2. Assignment: 

You may not assign, transfer, or delegate this Agreement or your rights and obligations under it without the prior written consent of BonaVista. BonaVista, at its sole discretion, may assign, transfer, or delegate this Agreement and any rights or obligations under it, with at least 30 days' notice.

3.17.3. Third-Party Services:

The BonaVista Platform may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and different privacy practices. BonaVista is not responsible for the availability or accuracy of such Third-Party Services. Links to such Third-Party Services do not constitute an endorsement by BonaVista.

3.17.4. Google Terms:

Certain translations on the BonaVista Platform use Google technology. Google disclaims all warranties related to translations, implied or explicit, including warranties of accuracy, reliability, quality, and any implied warranty of merchantability, fitness for a particular purpose, and non-infringement. Some areas of the BonaVista Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to additional Google Maps/Google Earth Terms of Service.

3.17.5. Apple Terms:

If you access our website through Apple, you agree to Apple's Licensed Application End User License Agreement.

3.17.6. BonaVista Platform Content:

The content available through the BonaVista Platform might be protected by copyright, trademarks, or other laws of the United States and other countries. You acknowledge that all intellectual property rights in such Content are the exclusive property of BonaVista or its licensors, and agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices. You shall not use, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the BonaVista Platform or the Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. Notwithstanding your compliance with these Terms, BonaVista grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to (i) download and use the Application on your personal device(s), and (ii) access and view any Content made available on or through the BonaVista Platform and accessible to you, solely for your personal and non-commercial use.

3.17.7. Force Majeure:

BonaVista shall not be liable for any delay or failure resulting from causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, civil or military disturbances, embargoes, acts of civil or military authorities, fires, floods, accidents, pandemics, epidemics, or diseases, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

3.17.8. Emails and SMS Messages:

You will receive administrative communications from us through the email address or other contact information you provide in your BonaVista account. Enrolling in additional email subscription programs will not affect the frequency of these administrative emails, although you will receive specific additional emails for the programs you subscribe to. You may also receive promotional emails from us. There is no fee for these promotional emails, but third-party data usage fees may apply. You can control the receipt of promotional emails using notification preferences in your account settings. Please note that you may not be able to take advantage of certain promotions if you disable certain communication settings or if you do not have a BonaVista account. In the United States, if you agree to receive SMS (text) messages from us, you are subject to our SMS Terms. For text messages in the United States, by requesting, joining, accepting, enrolling, registering, acknowledging, or consenting to receive one or more text messages ("Opting In") or using a BonaVista service where BonaVista sends (or indicates it may send, or receives a request to send) one or more text messages ("Texting Service"), you agree to these United States SMS Terms ("SMS Terms"), agree to the handling of your personal information as described in the BonaVista Privacy Policy, and agree to resolve disputes with Bonavista as described in our Terms of Service. Message and data rates may apply for text messages. BonaVista will use commercially reasonable efforts to deliver automatic text messages to the mobile number you provide. BonaVista is not responsible for delayed or undelivered messages. 

By opting into a Texting Service:

1. you expressly authorize BonaVista to use automatic dialing technology or non-automatic dialing technology to send text messages to the mobile phone number associated with your Opting In. You also authorize BonaVista to include marketing content in such messages. You are not required to Opt In or agree to Opt In as a condition of purchase. 
2. You acknowledge the use of an electronic record to document your Opting In. To opt out of this consent, reply STOP, contact us through the methods described in BonaVista's Terms of Service Contact Us section, or visit the Notification page in your account settings. If you withdraw your consent, certain features of our service may not be available to you. 
3. You confirm that you are the current subscriber to the selected mobile phone number or that you are the regular user of that number on a family or business plan and are authorized to participate.

3.17.9 Inquiries: 

You can contact us at the following email address: Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo. or by phone to: XXXXXXXXXX.

Annex 1: Host Damage Protection Terms

These Host Damage Protection Terms contain an arbitration clause and a waiver of class action suits, which apply to all Members on BonaVista. If you reside in the United States, this provision is applicable to all disputes with BonaVista. If you reside outside of the United States, this provision applies to any actions you bring against BonaVista in the United States. This affects how disputes with BonaVista are resolved. By accepting these Host Damage Protection Terms, you agree to be bound by this arbitration clause and the waiver of class actions. Please read carefully.

Read these Host Damage Protection Terms carefully as they contain important information about your rights, remedies, and legal obligations. By posting a Listing or using the BonaVista Platform as a Host Member, you agree to comply and be bound by these Host Damage Protection Terms.

Host Members may benefit from the Host Damage Protection program (the "Host Damage Protection''), which is subject to exclusions, limitations, and other terms and conditions set forth below and as periodically modified (the "Host Damage Protection Terms"). These Host Damage Protection Terms apply in conjunction with BonaVista's Terms of Service ("Terms'') and BonaVista's Terms of Payment Service ("Payment Terms").

All capitalized terms shall have the meanings set forth in the Terms or the Payment Terms, unless otherwise defined in these Host Damage Protection Terms. If you acknowledge and accept these Host Damage Protection Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such company or other legal entity to these Host Damage Protection Terms, and in such case, "you" and "your" shall refer and apply to such company or other legal entity.

Except to the extent prohibited by law, these Host Damage Protection Terms shall not affect your rights under applicable law. If you would like a written copy of these Host Damage Protection Terms, please email us at xxx.

I. Host Damage Protection

BonaVista agrees to pay you, as a Host Member, to repair or replace your Covered Property (as defined below) that has been damaged or destroyed as a result of a Covered Loss (as defined below), subject to the limitations, exclusions, and conditions in the Host Damage Protection Terms.

You must comply with all the terms and conditions in these Host Damage Protection Terms to be eligible to receive any payment for Covered Losses. If you fail to meet such requirements and conditions, you will not be entitled to recover any Covered Loss. Carefully read the definitions of "Covered Accommodation," "Covered Losses," "Covered Property," and "Excluded Property" below so that you can identify and protect property that is not covered by the Host Damage Protection.

You acknowledge and agree that you will make every effort to contact the Responsible Guest Member (as defined below) as soon as possible after detecting any material loss or damage to your Covered Property. You must notify your claim to BonaVista and the Responsible Guest Member and attempt to reach an agreement with the Responsible Guest Member to remedy the loss or damage within fourteen (14) days after the departure date of the Responsible Guest Member. You can fulfill this obligation by filing a claim through the BonaVista Resolution Center.

You acknowledge and agree that the amount of any Covered Losses you are entitled to receive under the Host Damage Protection will be reduced proportionally by amounts you have already received for the same Covered Losses from a source other than the Host Damage Protection, including but not limited to: (i) amounts received under an insurance policy, warranty, or indemnification; (ii) a security deposit; or (iii) payment made directly by the Responsible Guest Member or a Guest (defined below) or another third party, or the insurer or guarantor of such third party.

II. Definition of Key Terms

The following terms, when capitalized, shall have the meanings ascribed to them below:

"Actual Cash Value" means the amount it would cost to repair or replace the Covered Property that has been damaged or destroyed as a result of a Covered Loss, calculated on the date such Covered Loss occurs, with materials of like kind and quality, less depreciation and physical wear and tear.

"Appraisal Value" means the value of the property as assessed by a certified appraisal professional approved by us.

"Host Damage Protection Payment Request Form" means BonaVista's standard form, as modified from time to time, accessible through the Resolution Center or by contacting customer service directly, that a Host Member uses to request payment from BonaVista in accordance with these Host Damage Protection Terms.

"Loss of Reservation Income" means the loss of income from reservations, suffered by you as a Host Member, for the portion reserved of a Covered Accommodation as a result of a Covered Loss (in accordance with reservations legitimately confirmed on the BonaVista Platform and that were in effect prior to the occurrence of the Covered Loss). Loss of Reservation Income does not include any one-time expense or loss of reservation income incurred during any period in which the Covered Accommodation cannot be made available for rent for any reason other than a Covered Loss. Loss of Reservation Income shall be calculated during the period of time from the occurrence of the Covered Loss until the Covered Accommodation can be made available for occupancy in physical and operational conditions equal to or equivalent to those that existed before the damages occurred.

"Covered Accommodation" means a lodging unit located within the Territory that can be used as a residence and meets the following requirements:

1. You must be the legal owner or have legal control of such a unit during the Responsible Guest Member's stay in the Accommodation.
2. It must be listed by you on the BonaVista Platform and have been booked by said Responsible Guest Member in accordance with the Terms.

Important: A vehicle (including, without limitation, cars, scooters, vespas, and motorcycles) or a vessel (including, without limitation, boats, yachts, jet skis, and similar vessels) booked through the BonaVista Platform shall constitute a "Covered Accommodation" only if it remains stationary and is used solely for accommodation purposes.

"Covered Losses" refer to and are limited to:

1. Direct physical loss or damage to the Host Member's property caused by the Responsible Guest Member or a Guest during their booked stay on BonaVista.
2. Physical loss or damage to the Host Member's property caused by a pet owned or under the responsibility of the Responsible Guest Member or a Guest during their stay on BonaVista.
3. Reasonable, customary, and unexpected additional cleaning expenses incurred directly due to the presence of a pet owned or under the responsibility of the Responsible Guest Member or a Guest during their stay on BonaVista.
4. Reasonable, customary, and unexpected additional cleaning expenses incurred directly due to the acts of the Responsible Guest Member or a Guest during their stay on BonaVista. Only cleaning expenses exceeding those charged or credited by a Host Member in connection with that booking will be reimbursed.

"Covered Losses" do not include losses or damages as described later in the description of "Excluded Losses."

"Covered Motorized Vehicle" refers to a self-propelled vehicle owned by you, including, among others, cars, trucks, vans, tractors, SUVs, buses, caravans, motorhomes, motorcycles, and other motor vehicles, excluding large commercial vehicles such as heavy vehicles, articulated trucks, or others of a similar nature.

"Covered Property" refers exclusively to properties meeting the aforementioned conditions and located within a Covered Accommodation or within a 300-meter radius thereof, in which you have an insurable interest, unless such property is an "Excluded Property," as defined below:

Real property, including new buildings and additions under construction on the Covered Accommodation site, in which you have an insurable interest.

2. Personal property that meets any of the following criteria:
3. It is your property, including your rights as a tenant in improvements and adaptations.
4. It is not your property but falls under your responsibility, and you are required to maintain the personal property insured against material damage or loss.
5. It is not your property, but you have legal liability in case of material damage or loss.
6. "Covered Watercraft" refers to watercraft owned by you, including boats, yachts, kayaks, and jet skis, excluding large commercial vessels such as container ships, cruisers, and similar vessels.

"Excluded Losses" are defined in section III below.

"Excluded Property" refers to any of the following properties:

1. Currency, money, precious metals in the form of ingots, banknotes, or securities.
2. Land, water, or other substances found within or upon the land, except for improvements made on the land, such as landscaping, driveways, and sidewalks, excluding fillings or lands under the property.
3. Animals, including livestock and pets.
4. Forest plantations and agricultural crops.
5. Watercraft, aircraft, spacecraft, and satellites, unless it is a Covered Accommodation or Covered Watercraft that meets the specified conditions at the time of loss due to law violations or criminal acts by a Responsible Guest or Guest.
6. Vehicles, unless it is a Covered Accommodation or Covered Motorized Vehicle that meets the specified conditions at the time of loss due to law violations or criminal acts by a Responsible Guest or Guest.
7. Underground mines, mine shafts, or any property found in such mine or shaft.
8. Dams, dikes, and levees.
9. Properties in transit, unless stated otherwise in these Terms of Protection against Damage for Host Members.
10. Transmission and distribution lines located more than 300 meters from the Covered Accommodation.
11. Any damage to property not within a Covered Accommodation.
12. Real property owned by third parties that is not under your control.
13. Weapons, including firearms, air guns, deterrent or personal defense devices such as electric guns (tasers), or pepper spray, ammunition of any kind, and imitations of firearms, unless these weapons are stored, protected, and disclosed in accordance with BonaVista's Standards and Expectations or any applicable laws that are subject to regular review.
14. Security cameras and other recording devices, including Wi-Fi cameras (such as Next Cam or Dropcam), nanny cams, webcams on monitors, baby monitors, surveillance systems of any kind, decibel monitors, and devices or smartphones with video and audio recording capabilities, unless they comply with BonaVista's Standards and Expectations or other regulations that are periodically updated.
15. Works of Art and Objects of Value" refer to paintings; prints; printed photographs; pictures; tapestries; art glass or glass of great rarity; stained glass windows; valuable rugs; statues; sculptures; antique furniture; antique jewelry; trinkets; porcelain; coins (excluding legal tender currency in circulation); other objects of collection; stamps; furs; jewelry; gemstones; precious metals; and similar goods of great rarity, historical value, or artistic merit. "Works of Art and Objects of Value" do not include automobiles, watercraft, aircraft, money, or securities.
16. "Guest" refers to a person whom a Responsible Guest has invited to the Covered Accommodation.
17. "Limit" means thirty thousand US dollars (30,000.00 USD) or its equivalent in the local currency where the Covered Accommodation is located, applying the corresponding exchange rate on the date BonaVista makes the payment in accordance with these Terms of Protection against Damage for Host Members.
18. "Normal Wear and Tear" means deterioration of the property that occurs under normal conditions of use.
19. "Responsible Guest Member" means the Guest Member who booked the Covered Accommodation for the period during which the Covered Losses occurred.
20. "Territory" refers to the countries where BonaVista allows Accommodations and Protection against Damage for Host Members to be available. Any Territory where Protection against Damage for Host Members is not available will be indicated on the Protection against Damage landing page.

III. Limitations and Exclusions

The Protection against Damage for Host Members covers only Covered Losses and does not cover any of the following ("Excluded Losses"):

1. Any loss caused by a Responsible Guest Member or Guest after the duration of the reservation displayed in the corresponding Listing has ended.
2.    Losses or damages to a Covered Property resulting from the booking of a Covered Accommodation by a Responsible Guest Member that exceed the Limit. In the case of Artwork and Valuables, losses or damages suffered by Artwork and Valuables that cannot be replaced with others of similar characteristics and quality, as well as losses or damages that may result from any repair, restoration, or retouching process.
3. Any loss, damage, cost, or expense of any nature caused by, related to, or arising from, directly or indirectly, any of the following: Excluded Property; Natural phenomena, including, without limitation, earthquakes and weather events such as hurricanes and tornadoes; Excessive consumption of electricity, gas, fuel, or water or other supplies provided at the Covered Accommodation; Indirect or remote causes; Interruption of business, loss of market, and/or loss of use, except that Protection against Damage for Host Members does cover Loss of Reservation Income; Loss, damage, or deterioration resulting from any delay; Disappearance, mysterious loss, or inventory shortage discovered during inventory preparation or any unexplained inventory differences; Enforcement of any law or regulation (i) regulating the construction, repair, replacement, use, or removal of any property, including debris removal, or (ii) requiring the demolition of any property, including the cost of its debris removal; Animals, including injuries to animals, veterinary care, boarding, medication, and other animal-related services, except for damages caused by pets, as defined in subsections (ii) and (iii) of the definition of Covered Losses; Identity theft or fraudulent use of identity; or Authorized use of Covered Boats or Covered Motor Vehicles other than those used solely as Covered Accommodations.
4. Any loss, damage, cost, or expense of any nature caused, directly or indirectly, by any of the following acts, regardless of whether any other cause or circumstance contributed to it:

1. Any hostile act or act of war, terrorism, insurrection, or rebellion.
2. Malicious use or threat of use of toxic chemicals or biological substances.
3. Nuclear reaction, radiation, or radioactive contamination.
4. Seizure or destruction in accordance with applicable quarantine or customs regulations, or confiscation by order of any public or administrative authority.
5. Smuggling or illegal transportation or trade.
6. Any dishonest act, including, without limitation, any theft committed by you or any person or entity hired by you to do anything in connection with the Covered Property, unless such persons or entities are a Responsible Guest Member or a Guest, and the act in question is carried out without your knowledge.
7. Lack of electrical power, fuel, water, gas, steam, refrigerant, sewerage, telephone, or internet services due to factors external to the Covered Accommodation.

IV. Protection for Host Members

BonaVista agrees to pay you, as a Host Member, to repair or replace your Covered Property (as defined below) that has suffered damage or has been destroyed as a result of a Covered Loss (as defined below), subject to the limitations, exclusions, and conditions in the Protection against Damage Terms for Host Members.

You must comply with all the terms and conditions of these Protection against Damage Terms for Host Members to be entitled to receive any payment for Covered Losses. If you do not comply with such requirements and conditions, you will not be entitled to recover any Covered Loss.

Carefully read the definitions of "Covered Accommodation," "Covered Losses," "Covered Property," and "Excluded Property" below, so that you can identify and protect the property that is not covered by the Protection against Damage for Host Members.

You acknowledge and agree that you will do everything in your power to contact the Responsible Guest Member (as defined below) as soon as possible after detecting any loss or material damage to your Covered Property.

You must report your claim to BonaVista and the Responsible Guest Member and attempt to reach an agreement with the Responsible Guest Member to remedy the loss or damage within fourteen (14) days after the departure date of the Responsible Guest Member.

You can fulfill this obligation by filing a claim through BonaVista's Resolution Center.

You acknowledge and agree that the amount of any Covered Losses you are entitled to receive under the Protection against Damage for Host Members will be proportionally reduced by amounts you have already received for the same Covered Losses from a source other than the Protection against Damage for Host Members, including but not limited to: (i) amounts received under an insurance policy, warranty, or indemnity; (ii) a security deposit; or (iii) payment made directly by the Responsible Guest Member or a Guest (defined below) or another third party or the insurer or guarantor of such third party.

1. Any loss, damage, claim, costs, expenses, or other amounts directly or indirectly related to the existence of mold, fungi, spores, viruses, bacteria, or other microorganisms of any kind, class, or nature, including, without limitation, any substance whose presence poses an actual or potential threat to human health. This exclusion will apply even if there is (i) any physical loss or material damage to the Covered Property; (ii) any peril or cause covered by this Protection, whether or not concurrently or in any sequence contributing; (iii) any loss of use, occupancy, or functionality; or (iv) the need to take any action, including, without limitation, repair, replacement, removal, cleaning, abatement, disposal, relocation, or adoption of appropriate measures to address any health or legal incident. This exclusion does not apply to reasonable, usual, and unexpected additional cleaning costs as described in subsections (iii) and (iv) of the definition of Covered Losses.
2. Any fee that a Host Member may charge a Responsible Guest Member for additional persons you invite or allow access to the Covered Accommodation who are not included in the reservation for such Covered Accommodation made by the Guest.
3. Costs resulting from the loss, loss of use, damage, corruption, inability to access, or inability to manipulate any and all Electronic Data. "Electronic Data" refers to information, data, or programs, stored as or on, created or used on, or transmitted to or from any Electronic Media. "Electronic Media" means computer programs, including computer systems and applications, hard drives or disks, CD-ROMs, tapes, drives, cells, data processing devices, or any other medium used with electronically controlled equipment.
4. Any loss or damage that is not recoverable from the Responsible Guest Member and/or Guest in accordance with BonaVista's Terms.

Conditions of Host Protection Insurance

1. In order to receive payments under these Terms of Host Protection Insurance, you must fulfill each of the following conditions. If you do not comply with them, you will not be entitled to recover any Covered Losses. In all cases, the burden of proof that you have complied with the following conditions will rest upon you.

- You must have incurred Covered Losses.

- You must inspect the corresponding Covered Accommodation to determine if there is any physical loss or damage to any Covered Property and you must notify Bonavista and the Guest-Host and attempt to resolve the loss or damage with the Guest-Host within fourteen (14) days from the date of the Guest-Host's departure. You can fulfill this obligation by filing a claim through Bonavista's Resolution Center.

- Within thirty (30) days after incurring a Covered Loss, you must:

- Complete and submit a Host Protection Insurance Payment Request Form.

- Provide us with a signed proof of loss and sworn statement, unless we grant you an extension of this period in writing. The proof of loss must express your knowledge and understanding regarding the following:

- The time, cause, and origin of the Covered Loss, as well as evidence of such loss through receipts, photographs, videos, documents, and other verifiable forms of evidence.

- The ownership, leasehold rights, or other interests you and other parties may have in the Covered Property for which the Covered Loss is claimed.

- The Actual Cash Value and replacement value of each item of the Covered Property, as well as the amount of such loss or damage for each item of the Covered Property.

- All liens, encumbrances, mortgages, warranties, and other insurance contracts, regardless of their current validity, covering the Covered Property subject to the Covered Loss.

- Any changes in title, use, occupancy, location, possession, or hazards of the Covered Accommodation since the date of the Listing.

- The identity and other known information about the Responsible Guest, any Guest, and other parties present in or using the Covered Accommodation where the Covered Property for which the Covered Loss is claimed is located on the date the Covered Loss occurred, and the purpose for which such Covered Accommodation was being used by the parties on such date and whether it was then located on leased land.

- The date you contacted the Responsible Guest to request payment for the loss you are claiming, and the date the Responsible Guest refused to make payment for the loss or failed to make such payment.

- Together with the aforementioned signed and sworn proof of loss, you must provide Bonavista with all information Bonavista reasonably requests to determine the Actual Cash Value with respect to the Covered Property, including: the original purchase price of the Covered Property, the date of acquisition of the Covered Property, the condition of the Covered Property, and the estimated cost of repair or replacement of the Covered Property.

- You must (i) protect and preserve the damaged Covered Property from further loss or damage; and (ii) promptly separate the damaged Covered Property from the undamaged, place it in the best possible order, and provide a complete inventory of the lost, destroyed, damaged, and undamaged property showing in detail quantities, costs, Actual Cash Value, and the amount of loss claimed.

- You must, as often as may be reasonably required by Bonavista or its designees, (i) exhibit all that remains of any damaged Covered Property and sign the written forms of inspection; (ii) submit to examination all books of accounts, documents of business, receipts, bills, and vouchers (whether originals or certified copies if the originals have been lost); and (iii) allow extracts and copies to be made by mechanical means of the documents mentioned above.

- You must allow Bonavista or its delegate(s) to inspect the Covered Property at any reasonable time. However, the right to conduct inspections, the conduct of inspections, and any analysis, advice, or inspection report shall not constitute any guarantee by Bonavista or Bonavista insurer that the damaged Covered Property is safe or in good condition. You shall have no liability to you or any other person for any inspection or the lack of inspection.

- You shall cooperate with Bonavista, and such cooperation shall include signing any documents and answering any additional questions Bonavista deems necessary to investigate the Covered Loss claim.

V. Processing of Host Payment Requests

Host Protection Insurance Payment Request Form

Bonavista will complete the processing of any Host Protection Insurance Payment Request Form you submit within a reasonable period from the date you have (a) completed and submitted a Host Protection Insurance Payment Request Form, and (b) provided Bonavista with all the information and documentation you are obligated to provide to meet the conditions set forth in the "Conditions of Host Protection Insurance" stated above.

In any case, we will make all commercially reasonable efforts to process your Host Protection Insurance Payment Request Form within three (3) months from the time we receive such documents and information. If you receive an Approved Payment Request (as defined below), as a condition to you being able to receive payment under Host Protection Insurance, you must sign and deliver to Bonavista the "Approved Host Protection Insurance Payment Request Agreement," whereby you agree to the following:

A. Agreement of Approved Payment Request of Host Protection Insurance

A.1. You agree to assign to Bonavista or your insurer any rights or actions to repair damages you may have to recover the amounts that have been paid to you in relation to an Approved Payment Request (as defined below) by the Guest-Host or a Guest or by any other party financially responsible for the Covered Losses subject to the Approved Payment Request;

A.2. You agree to reasonably cooperate with us, including, at our request, appearing as a witness in any court, arbitration, or similar proceeding, if we intend to recover the amount paid to you in relation to the Approved Payment Request by the Guest-Host or a Guest or any other third party;

A.3. You release and discharge Bonavista, your insurer, and all officers, directors, employees, contractors, and agents of Bonavista from any further liability or obligation regarding the facts and circumstances of the matters and incident reported in the Host Protection Insurance Payment Request Form;

A.4. If requested, you agree to treat as “confidential information” the amount of any payment made under Host Protection Insurance and reimburse us for any amount that exceeds the Covered Loss in the Approved Payment Request due to a system or payment processing error.

1. The time it takes to process any Host Protection Insurance Payment Request Form you submit will depend on various factors, including:

- The amount of payment you request for the Covered Loss.

- The location of the Covered Accommodation.

- The nature of the Covered Property and the nature of the Covered Losses.

- The completeness and type of information and documentation you provide to Bonavista regarding the Covered Losses.

- The number of Host Protection Insurance Payment Request Forms currently being processed for other Hosts and they will be processed in the order they are received.

VI. Approved Payment Request

If you submitted a Host Protection Insurance Payment Request Form and such payment request is fully or partially approved for a Covered Loss (such approved payment request being defined as an "Approved Payment Request"), you will receive the corresponding amount for the Covered Loss as calculated by Bonavista or its agents. The process for calculating such Covered Losses in the section "Determination of the Amount of the Covered Loss" is described below. You will receive a notification from Bonavista, and as a condition for payment, you must then submit a completed and signed Approved Payment Request Agreement to Bonavista. Bonavista may use external service providers to assist with the processing of Host Protection Insurance Payment Request Forms, and Bonavista or its agents may use external service providers to assist in the investigation and adjustment of payment requests related to them.

For an Approved Payment Request that includes Covered Losses for a Covered Property that is owned by a third party, we reserve the right, at our sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Property. If payment under Host Protection Insurance of any portion or the entire amount is made directly to the owner of such Covered Property, you agree that such payment will be treated for all purposes related to the Approved Payment Request as if it had been paid directly to you, and you also agree to be solely responsible for collecting from the owner of such Covered Property the portion of such payment to which you believe you have a legal right. For the avoidance of doubt, your indemnification obligations set forth below in the paragraph titled "Indemnification" will apply to claims arising from any payment made as a result of Host Protection Insurance, including, without limitation, any payment made directly to the owner of any Covered Property.

Determination of the Amount of the Covered Loss

The amount of Covered Losses will be calculated from the date of the loss, at the location of the loss, and will not exceed your interest in the Covered Losses, subject to the following conditions:

For exposed films, recordings, manuscripts, drawings, and Electronic Data, the blank value plus the cost of copying information from backup copies or originals from a previous generation will be applied. Costs of research, engineering, or restoration, or recreation of lost information or Electronic Data will not be paid.

For Works of Art and Valuable Objects, the lesser of the following amounts will apply: (i) The reasonable and necessary cost to repair or restore the property to the physical state it was in on the date of the loss. (ii) The cost of replacing the property. (iii) The current Appraised Value, provided you have made a declaration of valuable items on record.

For all Covered Property (except as described in paragraphs 1 and 2), the amount of the loss will be the lesser of the following amounts:

1. The Actual Cash Value.
2. The cost of repairing the damaged Covered Property.
3. The cost of reconstructing or replacing the damaged Covered Property at the same location with new materials of similar size, type, and quality.
4. The cost of reconstruction, repair, or replacement at the same or another location but not exceeding the size and operational capacity that existed on the date of the Covered Loss.
5. The cost of replacing irreparable mechanical or electrical equipment, including computer equipment and Electronic Data, with equipment that is functionally similar to the damaged or destroyed equipment, even if such equipment has technological advantages and/or represents an improvement in function and/or is part of a system improvement program.

Any amount of any Covered Loss payable under Host Protection Insurance will be reduced by the amount already paid to you or for your benefit by a Guest, Invited User, or another source (such as an insurer, guarantor, or other responsible party) for the same Covered Loss.

Covered Losses will be paid in United States dollars unless, in BonaVista's sole discretion, BonaVista chooses to pay the losses in a different currency. If currency conversions are required, a general exchange rate, known as the basic exchange rate, will be used for currency conversion using data from one or more third parties as a reference.

Any amount of any Covered Loss payable under Host Protection Insurance will not exceed the amount that you, as a Host, could otherwise recover from the Guest or Responsible Member.

Host Protection Insurance is not an insurance policy. To the extent that you desire protection beyond Host Protection Insurance, BonaVista strongly recommends that you obtain insurance covering you and your property for losses caused by Guests or Invited Users of your Hosted Accommodations in the event that your loss is not covered by the terms of Host Protection Insurance. However, BonaVista will not act as an intermediary for the procurement of damage insurance until otherwise stated.

Calculations and determinations will be made according to the conditions mentioned above, with the terms "BonaVista" and "Host" applied instead of "Bonavista" and "Host."

VII. Acknowledgments and Agreements by the Host Member

You acknowledge and agree that:

1. Host Protection Insurance is a Guarantee of the Responsible Guest's Primary Obligation: Host Protection Insurance is a guarantee of the Responsible Guest's primary obligation to pay you, as the Host, to repair or replace your Covered Property that is damaged or destroyed as a result of a Covered Loss, and it is contingent upon that obligation.
2. Subject to Your Rights and Remedies: Host Protection Insurance is subject to you exercising the rights and remedies you have against the Responsible Guest or Responsible Member, or against any other party financially responsible for the Covered Loss.
3. Payment Limitation: Any amount paid by BonaVista under these Terms of Host Protection Insurance will not exceed the amount that you, as the Host, are entitled to recover from the Responsible Guest.
4. Promotional Purpose: BonaVista offers the benefits of Host Protection Insurance described herein solely for the purpose of promoting the use of the BonaVista Platform, fostering customer loyalty, and enhancing customer trust in the use of the BonaVista Platform.
5. Not an Offer or Replacement for Insurance: These Terms of Host Protection Insurance are not intended to constitute an offer to procure insurance, do not constitute insurance or an insurance contract, and do not replace any insurance you have obtained or may obtain. Additionally, these Terms of Host Protection Insurance do not constitute an insurance services agreement as defined in an insurance policy pursuant to ISO endorsements or homeowner or renter policy forms.
6. Limitation on Benefits: The benefits provided under these Terms of Host Protection Insurance are solely as set forth in the preceding paragraph titled "Host Protection Insurance" and you may not assign or transfer such benefits, including, without limitation, any transfer or assignment by operation of law or in connection with your divorce or death.
7. Independent Investigation Rights: BonaVista and/or its insurer reserve the right, at their sole discretion and expense, to independently investigate (or hire an independent investigator) the facts and circumstances of a payment request as stated in any Form for Payment Request of Host Protection Insurance that you submit to BonaVista, regardless of whether you have submitted all the information and documentation you are required to provide to BonaVista to comply with the conditions set forth in the preceding section titled "Conditions of Host Protection Insurance."

VIII. Additional Terms and Conditions

You acknowledge and agree to the following additional terms and conditions regarding Host Protection Insurance:

1. Consent to Review Communications: By filing a claim under Host Protection Insurance, you consent to BonaVista reviewing all communications between you and the allegedly Responsible Guest through the BonaVista Platform.
2. Right of Set-Off: BonaVista reserves the right, at any time, to set off or deduct from the amounts payable or paid by BonaVista to you under these Terms of Host Protection Insurance any amounts it may hold or later collect from any other person or entity obligated to compensate you for your losses or damages.
3. Exoneration Right: Since these Terms of Host Protection Insurance constitute a guarantee agreement, the theory of exoneration is applicable. Therefore, if the Covered Property in question or the risk associated with such Covered Property changes substantially, BonaVista shall have the right to exoneration concerning any potential guarantee obligation under these Terms of Host Protection Insurance.
4. Denial of Payment for Non-Compliance: You acknowledge and agree that BonaVista has the right, at its discretion, to deny full or partial payment under these Terms of Host Protection Insurance if you fail, at any time, to comply with your obligations set forth in the Terms, Payment Terms, and our Policies and Standards as explained below:

Policies and Standards for Guest and Host Members

In order for you to feel at home anywhere our Host Members' properties are located, it is essential to establish unwavering trust based on consistent expectations of behavior for both Host and Guest Members. We have defined these community standards as a "code of conduct" to solidify the values that form the foundation of our member community.

We are committed to ensuring safety in all stays, experiences, and interactions. Safety, protection, fairness, authenticity, and reliability are the fundamental pillars of our efforts to ensure safety and foster a sense of belonging. We work continuously to strengthen and implement these principles. These pillars are broken down into the following sections:

Protection

1. Security
2. Fairness and Rectitude from BonaVista Members
3. Truthfulness Among BonaVista Members
4. Trust

These policies are essential to maintaining integrity and promoting the atmosphere of trust we aim to cultivate in our global community.

A. Protection

Your experience on BonaVista begins when you embrace the excitement of discovering greater comfort in short-term stays. This is only possible when you feel safe within this platform's community. Consequently, we ask you to refrain from endangering or threatening others. For more details, please refer to our Safety Policy for Host and Guest Members.

A.1. Self-harm or Harm to Others:

You must not engage in physical or sexual assaults, sexual abuse, sexual harassment, domestic violence, theft, human trafficking, or other acts of violence, nor hold anyone against their will. Members of dangerous organizations such as terrorist groups, organized crime, and racist groups are not welcome in this community. BonaVista is committed to cooperating with law enforcement as necessary and responding to their valid requests. We take suicide, self-harm, eating disorders, and drug abuse very seriously and work to assist people in crisis.

A.2. Threatening Other Users:

You must not express intent to harm someone through words or physical actions. We take threats of self-harm as seriously as the actions themselves and may intervene if we become aware of any.

A.3. Creating Hazardous Situations:

You must not leave weapons, disease risk factors, or dangerous animals within reach in your space, nor create conditions that increase the likelihood of a fire or obstruct emergency evacuation routes.

B. Security

BonaVista community members share their homes, neighborhoods, and experiences. Whether you're opening your space as a host member or enjoying hospitality as a guest member, we want you to always trust your safety. We ask that you respect others' property, information, and personal belongings.

B.1. Theft, Vandalism, or Extortion:

You must not engage in activities such as stealing, vandalizing, or extorting. This includes not taking anything that isn't yours, not using someone's property without their permission, not making unauthorized copies of others' keys or identification documents, not damaging others' property, not staying in accommodations after your stay has concluded, and not threatening others with negative reviews or other sanctions to gain compensation or additional benefits. Refer to BonaVista's Extortion Policy for more information.

B.2. Spam, Identity Spoofing, or Fraud:

You must not conduct transactions off the platform, engage in fraudulent bookings, commit credit card fraud or money laundering, attempt to divert traffic to unrelated sites or products, redirect payments to third parties, abuse our referral system, or provide false testimonials against other community members. Read our policy for tips on how to avoid frauds, scams, and abuses.

B.3. Violating Privacy or Others' Intellectual Property Rights:

You must not violate others' privacy, spy on other people, or have hidden cameras in your space without their prior consent. Cameras must be visible and disclosed before the stay and are not allowed in private places such as bathrooms or bedrooms. Additionally, you must not access others' accounts without permission or infringe their copyright or trademarks.

Under no circumstances is it permissible:

Extortion: Host and Guest members must not directly or indirectly threaten any person or group to obtain something (e.g., payment, review, etc.).

Off-Platform Activity: Host and Guest members must not communicate, exchange personal contact information, pay, or request payment for a booking or experience outside the BonaVista platform.

Fraudulent Use of Coupons and Invitations: Host and Guest members must not attempt to misuse BonaVista's programs.

Improper Chargebacks: Host and Guest members must not attempt to misuse or file false chargeback requests in an effort to obtain a refund.

Permissible:

Off-Site Payments: Payments outside the website are allowed only if BonaVista granted prior permission and if Guests were informed before making the reservation. This includes, among others, the following:

- Collection of federal, state, or local taxes

- Pet fees or deposits

- Host property security deposits

- Public parking or valet parking service

- Extra Wi-Fi service charge

- Condominium fees

- Resort fees

- Grocery purchases

C. Fairness and Integrity by BonaVista Members:

The BonaVista community is as diverse, unique, and vibrant as the world around us. Fairness is what keeps us together, allowing us to integrate into a community and feel truly connected wherever we go.

C.1. Discriminatory Attitudes or Language:

You must treat all individuals respectfully in every interaction. You should adhere to relevant laws and regulations and not treat anyone differently based on their race, ethnicity, nationality, religion, sexual orientation, gender, gender identity, disability, or serious illness. Consequently, insults or offenses towards others for these reasons are not tolerated. For more information, refer to BonaVista's Discrimination Policy.

C.2. Intimidating or Harassing Other Members or Users:

You must not share others' personal information with the purpose of humiliating or blackmailing them, nor display abusive behavior towards them, defame them, or violate our review and content rules.

C.3. Disturbing the Surrounding Community:

You must not disturb the common areas of properties, treat neighbors as "reception," create widespread and severe disturbances for those around you, or fail to respond to neighbors' or the community's concerns, comply with the proper use of common areas, and follow general regulations for waste management.

D. Truthfulness among BonaVista Members:

D.1. Your experiences on BonaVista should be filled with delightful moments and adventures that bring satisfaction to your stay. 

Our community of members is based on trust, and honesty is essential; it depends on a balance between common expectations, authentic interactions, and truthful information.

D.2. Providing False Information about Yourself or the Property:

You must not provide a false name or date of birth, use accommodations for commercial purposes without the host's authorization, maintain duplicate accounts, or create an account if you are under 18 years old. We provide a broad registration so that all parties can connect honorably.

D.3. Providing False Information about Spaces:

You must not provide incorrect or misleading information in your listing about the location, availability, or type of your accommodation, switch accommodations for another, create fraudulent listings, leave false reviews, apply deceptive pricing, or conceal information about potential hazards or habitability issues. For more information, refer to Accommodation Safety Information.

E. Reliability:

E.1. In BonaVista, each experience is unique, just like the details of each property, neighborhood, and Host Members. Since our community is based on these details, reliability plays a decisive role in our interaction, whether through efficient communication, property conditions, or the expectations we establish.

E.2. Offering Inadequate Spaces:

You must not make properties available that do not meet cleanliness standards, lack basic amenities like running water and electricity, are not suitable for rest, or lack access to adequate sanitary facilities.

E.3. Failure to be Reliable or Unavailability:

Unless due to exceptional circumstances, you must not cancel reservations after the deadline established by the cancellation policy. You must not ignore Guest Members' requests to complete their arrival, considering that the guest must feel secure about the location, and the more information Host Members provide, the more relaxed the start of their journey will be. You must not miss agreed-upon payments or violate property rules.

E.4. Lack of Response or Unavailability:

Guest Members typically need to know some basic information beforehand; being present to provide it cultivates reliability. You must not consistently accumulate low ratings, be absent during the booking process or stay, provide insufficient contact information, or refuse to participate in our problem resolution process.

IX. Modification or Termination of Host Protection Terms:

To the extent permitted by applicable law in your jurisdiction, BonaVista reserves the right to modify or terminate these Host Protection Terms at any time, at its sole discretion.

If BonaVista terminates these Host Protection Terms, you will be notified via email at least thirty (30) days prior to such termination, and Bonavista will continue to process all Host Protection Payment Request Forms submitted by you before the effective date of the termination. However, your right to submit any new Host Protection Payment Request Forms will be immediately terminated.

If BonaVista modifies these Host Protection Terms, the modification will be posted on the BonaVista Platform under Protection. Bonavista will continue to process all Host Protection Payment Request Forms submitted by you before the effective date of the modification.

Additionally, without limiting BonaVista's rights stated above in the immediately preceding paragraph, BonaVista reserves the right to modify or terminate these Host Protection Terms generally or in any jurisdiction, at any time, at its sole discretion, if: (i) these Host Protection Terms are construed as an offer to insure or constitute an insurance policy or insurance service agreement by any governmental authority or regulatory body in any jurisdiction; (ii) BonaVista is required to obtain a license or permit of any kind to continue offering these Host Protection Terms in any jurisdiction; or (iii) BonaVista determines, or a court or arbitrator holds, that the provisions of these Host Protection Terms violate applicable law. If BonaVista modifies or terminates these Host Protection Terms in accordance with the foregoing, BonaVista will process all Host Protection Payment Request Forms you submit before or until the effective date of such modification or termination, unless such processing is prohibited by any law, regulation, ordinance, order, or decree of any governmental or other authority.

The current version of the Host Protection Terms will be available through the Site and the Application. The relevant version is the one in effect when Bonavista receives the Host Protection Payment Request Form.

X. Subrogation:

BonaVista and/or its insurer have the right to subrogate against any person or entity that allegedly is responsible for the losses or damages in question, which may include each and every right you, as a Host Member, may have against the Responsible Guest Member, Invited Member, or any other third party under the BonaVista Terms. Furthermore, hereby you guarantee that, with respect to any payment made in accordance with the Host Protection, by BonaVista or on your behalf, you will assist and fully cooperate with BonaVista in relation to each and every effort to subrogate.

XI. Disclaimers and Limitations of Liability:

If you decide to use the BonaVista Platform as a Host Member, you do so at your own risk. The Host Protection is offered "as is," with no warranty of any kind, either express or implied.

You acknowledge and agree that, to the maximum extent permitted by law, you assume all risk arising out of your access to and use of the BonaVista Platform and your listing of any Accommodations via the BonaVista Platform.

Neither BonaVista nor any other party involved in creating, producing, or delivering the BonaVista Platform will be liable for any indirect, special, exemplary, or consequential damages, including lost profits, lost data, or loss of goodwill, service interruption, computer damage, or system failure.

Nor any damages for personal or bodily injury, or emotional distress arising out of or in connection with these Host Protection Terms.

Nor the use or inability to use the BonaVista Platform.

Nor any communications, interactions, or meetings with other users of the BonaVista Platform or other persons with whom you communicate or interact as a result of your use of the BonaVista Platform.

Nor your listing of any Accommodations via the BonaVista Platform.

Bonavista will not be liable for any of the damages described above, whether based on warranty, contract, tort (including negligence), product liability, or other legal theory.

And regardless of whether Bonavista 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.

General Provisions

A. Indemnification:

You agree to release, defend, indemnify, and hold BonaVista A and its executives, directors, employees, and agents harmless in connection with any claim, liability, damage, loss, and expense, including, without limitation, reasonable legal and accounting fees arising in connection with or related in any way to the Damage Protection for Host Members and these Terms of Damage Protection for Host Members. If you rent (instead of own) the Accommodation you list as Covered Accommodation, the preceding section specifically applies to any dispute that may arise between you and the owner of the Accommodation. You are solely responsible for obtaining landlord permission to list the Accommodation with BonaVista and complying with any permission limits granted.

B. Entire Agreement:

These Terms of Damage Protection for Host Members constitute the entire and exclusive understanding and agreement between BonaVista and you regarding the Damage Protection for Host Members, and these Terms of Damage Protection for Host Members supersede and replace any and all prior agreements, written or oral, between BonaVista and you regarding the Damage Protection for Host Members.

C. Assignment:

You may not assign or transfer these Terms of Damage Protection for Host Members, by operation of law or otherwise, without the prior written consent of BonaVista. Any attempt by you to assign or transfer these Terms of Damage Protection for Host Members without such consent will be null and of no effect. BonaVista may assign or transfer these Terms of Damage Protection for Host Members, at its sole discretion, without any restriction. Your right to terminate the Agreement with BonaVista will not be affected. Accordingly, these Terms of Damage Protection for Host Members will be binding upon and will insure to the benefit of the parties and their authorized successors and assigns.

D. Notices:

Unless otherwise indicated, any notice or other communication to Members permitted or required under this Agreement will be in writing and given by BonaVista via email, notification on the BonaVista Platform, or by messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which BonaVista transmits the notice.

E. Applicable Law and Jurisdiction:

These Terms of Damage Protection for Host Members will be construed in accordance with Sections xx and xx of the Terms.

F. Waiver and Severability:

The failure of BonaVista to enforce any right or provision of these Terms of Damage Protection for Host Members will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of BonaVista. Except as expressly set forth in these Terms of Damage Protection for Host Members, the exercise by either party of any of its remedies under these Terms of Damage Protection for Host Members will be without prejudice to its other remedies under these Terms of Damage Protection for Host Members or otherwise. If, for any reason, an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Damage Protection for Host Members invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Damage Protection for Host Members will remain in full force and effect.