1. Eligibility

1.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use Nord Holidays, LLC. Services. By accessing or using the Nord Holidays, LLC. Services you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

1.2 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any user’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds, (ii) screen users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available)

2. Modification of these Terms

2.1 Nord Holidays, LLC. reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Nord Holidays, LLC. Services and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Nord Holidays, LLC. Services will constitute acceptance of the revised Terms.

3. Content

3.1 Nord Holidays, LLC. may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Nord Holidays, LLC. Services; and (ii) access and view User Content and any content that Nord Holidays, LLC. itself makes available on or through the Nord Holidays, LLC. Services, including proprietary Nord Holidays, LLC. content and any content licensed or authorized for use by or through Nord Holidays, LLC. from a third party ("Nord Holidays, LLC. Content" and together with User Content, "Collective Content").

3.2 The Nord Holidays, LLC. Services, Nord Holidays, LLC. Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Nord Holidays, LLC. Services and Nord Holidays, LLC. Content, including all associated intellectual property rights, are the exclusive property of Nord Holidays, LLC. and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Nord Holidays, LLC. Services, Nord Holidays, LLC. Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Nord Holidays, LLC. used on or in connection with the Nord Holidays, LLC. Services and Nord Holidays, LLC. Content are trademarks or registered trademarks of Nord Holidays, LLC. in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Nord Holidays, LLC. Services, Nord Holidays, LLC. Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

3.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Nord Holidays, LLC. Services or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Nord Holidays, LLC. or its licensors, except for the licenses and rights expressly granted in these Terms.

3.4 Subject to your compliance with these Terms, Nord Holidays, LLC. grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Nord Holidays, LLC. Services and accessible to you, solely for your personal and non-commercial use.

3.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Nord Holidays, LLC. Services, you grant to Nord Holidays, LLC. a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Nord Holidays, LLC. Services, in any media or services. Unless you provide specific consent, Nord Holidays, LLC. does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.

3.6 Nord Holidays, LLC. may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "Nord Holidays, LLC..com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Nord Holidays, LLC. Services if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your Nord Holidays, LLC. Services is terminated or suspended for any reason. You acknowledge and agree that Nord Holidays, LLC. shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or services, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Nord Holidays, LLC. is not the exclusive owner of Verified Images, by using such Verified Images on or through the Nord Holidays, LLC. Services, you grant to Nord Holidays, LLC. an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or services, whether in relation to your Listing or otherwise, without further notice or compensation to you. Nord Holidays, LLC. in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Nord Holidays, LLC. Services solely for your personal and non-commercial use.

3.7 You are solely responsible for all User Content that you make available on or through the Nord Holidays, LLC. Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Nord Holidays, LLC. Services or you have all rights, licenses, consents and releases that are necessary to grant to Nord Holidays, LLC. the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Nord Holidays, LLC.'s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

3.8 You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Nord Holidays, LLC.’s Content Policy or any other Nord Holidays, LLC. policy. Nord Holidays, LLC. may, without prior notice, remove or disable access to any User Content that Nord Holidays, LLC. finds to be in violation of these Terms or Nord Holidays, LLC.’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Nord Holidays, LLC., its Users, third parties, or property.

3.9 Nord Holidays, LLC. respects copyright law and expects its Users to do the same. If you believe that any content on the Nord Holidays, LLC. Services infringes copyrights you own, please notify us in accordance with our Copyright Policy.

4. Service Fees

4.1 Nord Holidays, LLC. may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Nord Holidays, LLC. Services. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.

4.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Nord Holidays, LLC. reserves the right to change the Service Fees at any time, and we will provide Users adequate notice of any fee changes before they become effective.

4.3 You are responsible for paying any Service Fees that you owe to Nord Holidays, LLC.. The applicable Service Fees are due and payable and collected by Nord Holidays, LLC. Payments pursuant to the Payments Terms. Except as otherwise provided on the Nord Holidays, LLC. Services, Service Fees are non-refundable.

5. Terms specific for Guests

5.1 Terms applicable to all bookings

5.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Host, you can book a Listing available on the Nord Holidays, LLC. Services by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Nord Holidays, LLC. Services.

5.1.2 Upon receipt of a booking confirmation from Nord Holidays, LLC., a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Nord Holidays, LLC. Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.

5.1.3 All reservations are subject to the applicable cleaning fees as described at the time of booking. For those stays extending 20 days or longer, a mid-stay cleaning will be performed at Guest’s expense and additional cleaning services will be charged to Guest.

5.1.4 Guests must remove all trash, rubbish, debris or any other refuse from the Accomodations at the conclusion of Guest’s stay. Guest must remove all trash using the appropriate trash container provided by the Host.  Guests failing to remove all trash or failing to use the appropriate trash container provided by Host will be charged a trash removal fee of $50.00.

5.1.5 Guests must lock and secure all outside doors and windows prior to exiting the Accommodations. Guests failing to lock and secure all outside doors and windows prior to leaving the Accommodations shall be liable for any damages caused by the failure, including but not limited to theft, water and wind damage, etc.

5.1.6 Guests shall turn off all lights upon exiting the Accommodations. Guests failing to turn off any lights upon exiting the Accommodations will be charged a $50.00 for each light bulb the Guest has failed to turn off. 

5.1.7 In the event the maximum number of occupants for a particular Accommodation is exceeded, Guests shall be charged additional fee equal to 20% of the total amount paid by the Guest for the entire reservation, for each occupant in excess of the maximum number permitted for the Accommodation. 

5.2 Booking Accommodations

5.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

5.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. Nord Holidays, LLC. Payments will collect Overstay Fees from you pursuant to the Payments Terms. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.

6. Booking Modifications, Cancellations and Refunds, Resolution Center

6.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Nord Holidays, LLC. Services or direct Nord Holidays, LLC. customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.

6.2 Reservation may be cancelled by guests according to the following cancelation policy:

a) Up to 60 days before check-in date: reimburse 100% of total amount paid by guest, minus any non-reimbursable fees and costs.b) less than 60 days before check-in date: no reimburse of total amount paid by guest, minus any non-reimbursable fees and costs.

c) Amounts paid for cleaning fees shall be reimbursed 100% of total amount paid by guest, minus any non-reimbursable fees and costs. 

6.3 In the event a property reserved by Guest becomes unavailable due to reasons beyond Nord Holidays, LLC. control, such as force or nature or impossibility, Nord Holidays, LLC. reserves the right to move Guests to another similar property. 

6.5 In certain circumstances, Nord Holidays, LLC. may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may take place where Nord Holidays, LLC. believes in good faith, while taking the legitimate interests of both parties into services, this is necessary to avoid significant harm to Nord Holidays, LLC., other Users, third parties or property, or (ii) for any of the reasons set out in these Terms.

6.7 Users may contact Nord Holidays, LLC. customer service to send or request money for refunds or Damage Claims related to bookings. You agree to pay all amounts sent through Nord Holidays, LLC. customer services resolution in connection with your Nord Holidays, LLC. Services, and Nord Holidays, LLC. Payments will handle all such payments pursuant to these terms.

 

7. Damage to Accommodations, Disputes between Users

7.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable). Guests must communicate any damages, pre-existing or caused by Guest, immediately. Failure to report pre-existing damages immediately shall cause the Guest to be liable for any damages. 

7.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation, the Host can seek payment from you through a Damage Claim to the Nord Holidays, LLC. customer service. If a Host escalates a Damage Claim to Nord Holidays, LLC., you will be given an opportunity to respond. If you agree to pay the Host, or Nord Holidays, LLC. determines in its sole discretion that you are responsible for the Damage Claim, Nord Holidays, LLC. will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to these terms.Nord Holidays, LLC. also reserves the right to otherwise collect payment from you and pursue any remedies available to Nord Holidays, LLC. 

7.3 Guest agree to cooperate with and assist Nord Holidays, LLC. in good faith, and to provide Nord Holidays, LLC. with such information and take such actions as may be reasonably requested by Nord Holidays, LLC., in connection with any Damage Claims or other complaints or claims made by Users relating to Accommodations or any personal or other property located at an Accommodation. A Guest shall, upon Nord Holidays, LLC.'s reasonable request, participate in mediation or a similar resolution process with Host, which process will be conducted by Nord Holidays, LLC. or a third party selected by Nord Holidays, LLC. or its insurer, with respect to losses for which a Host is requesting payment from Nord Holidays, LLC. 

8. Prohibited Activities

8.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Nord Holidays, LLC. Services. In connection with your use of the Nord Holidays, LLC. Services, you will not and will not assist or enable others to:

    breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms. 

    use the Nord Holidays, LLC. Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Nord Holidays, LLC. endorsement, partnership or otherwise misleads others as to your affiliation with Nord Holidays, LLC.;

    copy, store or otherwise access or use any information, including personally identifiable information about any Guest or Host in any way that is inconsistent with Nord Holidays, LLC.’s  Terms or that otherwise violates the privacy rights of Users or third parties;

    use the Nord Holidays, LLC. Services in connection with the distribution of unsolicited commercial messages ("spam");

    offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Nord Holidays, LLC. Services;

    unless Nord Holidays, LLC. explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;

    contact another User for any purpose other than asking a question related to your own booking, Listing, or use of the Nord Holidays, LLC. Services, including, but not limited to, recruiting or otherwise soliciting any Host or Guest to join third-party services, applications or websites, without our prior written approval;

9. Dispute Resolution and Arbitration Agreement

9.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Nord Holidays, LLC. in the United States.

9.2 Overview of Dispute Resolution Process. Nord Holidays, LLC. is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process: (1) an informal negotiation directly with Nord Holidays, LLC.’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules. Specifically, the process provides:

    Claims can be filed with AAA online (www.adr.org);

    Arbitrators must be neutral and no party may unilaterally select an arbitrator;

    Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;

    Parties retain the right to seek relief in small claims court for certain claims, at their option;

    The initial filing fee for the consumer is capped at $200;

    The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;

    The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

9.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Nord Holidays, LLC. each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Nord Holidays, LLC.’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

10. Other Provisions

10.1 Agreement to Arbitrate. You and Nord Holidays, LLC. mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Nord Holidays, LLC. Services, the Host Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Nord Holidays, LLC. agree that the arbitrator will decide that issue.

10.2 Exceptions to Arbitration Agreement. You and Nord Holidays, LLC. each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

10.3 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–500–775–7576.

10.4 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Nord Holidays, LLC. agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Nord Holidays, LLC. both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

10.5 Modification of AAA Rules - Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Nord Holidays, LLC. agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

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

10.7 Jury Trial Waiver. You and Nord Holidays, LLC. acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

10.8 No Class Actions or Representative Proceedings. You and Nord Holidays, LLC. acknowledge and agree that we are each waiving the right to participate as a plaintiff or class user in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Nord Holidays, LLC. both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

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

10.10 Survival. Except as provided in Section 16.12 and subject to Section 15.5, this Section 16 will survive any termination of these Terms and will continue to apply even if you stop using the Nord Holidays, LLC. Services or terminate your Nord Holidays, LLC. Services.

10.11 If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement must be brought in state or federal court in Orlando, Florida, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Orlando, Florida.

10.12 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Nord Holidays, LLC. and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Nord Holidays, LLC. and you in relation to the access to and use of the Nord Holidays, LLC. Services.

10.13 No joint venture, partnership, employment, or agency relationship exists between you and Nord Holidays, LLC. as a result of this Agreement or your use of the Nord Holidays, LLC. Services.

10.14 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

10.15 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

10.16 Nord Holidays, LLC.’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

10.17 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Nord Holidays, LLC.'s prior written consent. Nord Holidays, LLC. may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

10.18 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given to Nord Holidays, LLC. via email to Nord Holidays, LLC customer service. For notices made to Guests or Hosts will be made via email to the email provided by Guest or Host to Nord Holiday, LLC.