Please read these Insurance carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services, you agree to comply with and be bound by these Insurance.
Please note: Section 22 of these Insurance contains an arbitration clause and class action waiver that applies to all Hand Carry Members. If your Country of Residence (as defined below) is the United States, this provision applies to all disputes with Hand Carry Payments. If your Country of Residence is outside of the United States, this provision applies to any action you bring against Hand Carry Payments in the United States. It affects how disputes with Hand Carry Payments are resolved. By accepting these Insurance, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: November 9, 2018
These Insurance (“Payments Terms”) constitute a legally binding agreement (“Agreement”) between you and Hand Carry Payments governing the Payment Services (defined below) conducted through or in connection with the Hand Carry Platform.
When these Payments Terms mention “Hand Carry Payments,” “we,” “us,” or “our,” it refers to the Hand Carry Payments company you are contracting with for Payment Services, which may be Hand Carry Payments, Inc. (“Hand Carry Payments US”), Hand Carry Payments UK Ltd. (“Hand Carry Payments UK”), Hand Carry Internet (Beijing) Co., Ltd. (“Hand Carry China”), Hand Carry Payments India Pvt. Ltd. (“Hand Carry Payments India”), or Hand Carry Payments Australia Pty. Ltd. (“Hand Carry Payments Australia”). Your contracting entity will generally be determined for each payment or payout based on your Country of Residence.
If your Country of Residence is the United States, you are contracting with Hand Carry Payments US, a subsidiary of Hand Carry, Inc.
If your Country of Residence is outside of the United States, the People’s Republic of China (which for purposes of these Payment Terms does not include Hong Kong, Macau and Taiwan) (hereinafter “China”), India and Australia, you are contracting with Hand Carry Payments UK.
If your Country of Residence is China, you are contracting with Hand Carry China except where you book a Host Service or when you create a Listing located outside of China or you book a Listing in China with a Host who is not a resident of China, in which case you are contracting with Hand Carry Payments UK for that transaction.
If your Country of Residence is India, you are contracting with Hand Carry Payments India, except where you book a Host Service located outside of India or accept a booking from a Guest outside of India, in which case you are contracting with Hand Carry Payments UK.
If your Country of Residence is Australia, you are contracting with Hand Carry Payments UK, except where you book a Host Service located in or outside of Australia, which is confirmed after January 9, 2019 at 1:00 AM UTC, in which case you are contracting with Hand Carry Payments Australia for that transaction.
Scope and Use of the Payment Services
Modification of these Payments Terms
Eligibility, Member Verification
Payment Methods and Payout Methods
Financial Terms for Hosts
Financial Terms for Guests
Appointment of Hand Carry Payments as Limited Payment Collection Agent
General Financial Terms
Intellectual Property Ownership, Rights Notices
Termination, Suspension, and other Measures
Applicable Law and Jurisdiction
Dispute Resolution and Arbitration Agreement
Additional Clauses for Users Contracting with Hand Carry Payments UK
Contacting Hand Carry Payments
1.1 Hand Carry Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the Hand Carry Platform (“Payment Services”). Please note that “Payment Services” include Hand Carry Payments services associated with free Listings provided through Hand Carry’s Open Homes Program.
1.2 Hand Carry Payments may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Hand Carry Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Hand Carry Payments is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Hand Carry Payments of such Third-Party Services.
1.4 You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction that is your Country of Residence, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
“Country of Residence” means the jurisdiction associated with your Hand Carry Account as determined by Hand Carry’s assessment of your residence using various data attributes associated with your Hand Carry Account. “Payout” means a payment initiated by Hand Carry Payments to a Member for services (such as Listing Fees or Co-Host Services Fees) performed in connection with the Hand Carry Platform. “Payment Method” means a financial instrument that you have added to your Hand Carry Account, such as a credit card, debit card, or PayPal account. “Payout Method” means a financial instrument that you have added to your Hand Carry Account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available).
Hand Carry Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Hand Carry Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective, however, Members contracting with Hand Carry Payments UK or Hand Carry Payments Australia will receive notice at least two (2) months prior to the effective date. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
4.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.
4.2 If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
4.3 Hand Carry Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
4.4 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize Hand Carry Payments to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. Hand Carry Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
5.1 In order to use the Payment Services, you must have an Hand Carry Account in good standing. If you or Hand Carry closes your Hand Carry Account for any reason, you will no longer be able to use the Payment Services.
5.2 You may authorize a third party to use your Hand Carry Account in accordance with the Hand Carry Terms. You acknowledge and agree that anyone you authorize to use your Hand Carry Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
6.1 When you add a Payment Method or Payout Method to your Hand Carry Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to Hand Carry Payments or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include: your residential address, name on the account, account type, routing number, account number,email address, payout currency, and account information associated with a particular payment processor.
6.2 When you add or use a new Payment Method, Hand Carry Payments may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts,and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your Hand Carry Account so it can be used for a future transaction.
6.3 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Hand Carry Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
6.4 You authorize Hand Carry Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Hand Carry Account.
6.5 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Hand Carry Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
Generally speaking, Hand Carry Payments will collect the Total Fees from a Guest at the time the Guest’s booking request is accepted by the host, or at any other time mutually agreed between the Guest and Hand Carry Payments.
7.2.1 In order to receive a Payout you must have a valid Payout Method linked to your Hand Carry Account. Hand Carry Payments will generally initiate Payouts to your selected Payout Method: (i) for Accommodations within 24 hours of the Guest’s scheduled check-in time (or within 24 hours of 3:00pm local time - or 3:00pm UTC if local time is unknown - if the check-in time is flexible or not specified); (ii) for Experiences and Events within 24 hours of the start of the Experience or Event; and (iii) for all other Host Services at the time specified via the Hand Carry Platform. In certain jurisdictions or instances, Hand Carry Payments may offer you a different time or trigger for payment. For example, in certain cases, eligible Hosts may be able to receive a Payout for a booking prior to the Guest’s scheduled check-in. Any such alternative Payout option may be subject to additional terms and conditions.
7.2.2 The time it takes to receive Payouts once released by Hand Carry Payments may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. Hand Carry Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
7.2.3 Your Payout for a booking will be the Listing Fee less applicable Host Fees and Taxes.
7.2.4 In the event of a Guest’s cancellation of a confirmed booking, Hand Carry Payments will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.
7.2.5 Hand Carry Payments will remit your Payouts in your currency of choice, depending upon your selections via the Hand Carry Platform and as further set out in Section 12. Amounts may be rounded up or down as described in the Hand Carry Terms.
7.2.6 For compliance or operational reasons, Hand Carry Payments may limit the value of each individual Payout. If you are due an amount above that limit, Hand Carry Payments may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.
8.1 You authorize Hand Carry Payments to charge your Payment Method the Total Fees for any booking requested in connection with your Hand Carry Account. Hand Carry Payments will collect the Total Fees in the manner agreed between you and Hand Carry Payments via the Hand Carry Platform. Hand Carry Payments will generally collect the Total Fees after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Boletos or Sofort), Hand Carry Payments will collect the Total Fees at the time of your booking request or after the Host accepts your booking request. Hand Carry Payments may offer alternative options for the timing and manner of payment. For example, in some cases, Guests may be required to pay or have the option to pay for Host Services in multiple installments. Any additional fees for using offered payment options will be displayed via the Hand Carry Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Hand Carry Payments is unable to collect the Total Fees as scheduled, Hand Carry Payments will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.
8.2 When you request to book a Listing, Hand Carry Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees,(ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.
8.3 If a requested booking is cancelled either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by Hand Carry Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
8.4 You authorize Hand Carry Payments to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your Hand Carry Account. You hereby authorize Hand Carry Payments to collect any amounts due,by charging the Payment Method provided at checkout, either directly by Hand Carry Payments or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Hand Carry Platform (such as gift cards).
9.1 Each Member collecting payment for services provided via the Hand Carry Platform (such as Host Services,Co-Host Services, or certain transactions facilitated through the Resolution Center) (“Providing Member”) hereby appoints Hand Carry Payments as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).
9.2 Each Providing Member agrees that payment made by a Purchasing Member through Hand Carry Payments, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that Hand Carry Payments may refund the Purchasing Member in accordance with the Hand Carry Terms. Each Providing Member understands that Hand Carry Payments’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. Hand Carry Payments guarantees payments to Providing Members only for such amounts that have been successfully received by Hand Carry Payments from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, Hand Carry Payments assumes no liability for any acts or omissions of the Providing Member.
9.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that Hand Carry Payments is not a party to the agreement between you and the Providing Member, Hand Carry Payments acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to Hand Carry Payments, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and Hand Carry Payments is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute Hand Carry Payments’ agreement with the Purchasing Member. In the event that Hand Carry Payments does not remit any such amounts, the Providing Member will have recourse only against Hand Carry Payments and not the Purchasing Member directly.
Hand Carry Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the Hand Carry Platform.
You authorize Hand Carry Payments to collect from you amounts due pursuant to these Payment Terms or the Hand Carry Terms. Specifically, you authorize Hand Carry Payments to collect from you:
Any amount due to Hand Carry (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Co-Payer, Host or Co-Host or user of the Hand Carry Platform), including reimbursement for costs prepaid by Hand Carry on your behalf, by charging any Payment Method on file in your Hand Carry Account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by Hand Carry Payments will setoff the amount owed by you to Hand Carry and extinguish your obligation to Hand Carry.
Any amount due to a Providing Member from a Purchasing Member which Hand Carry collects as the Providing Member’s payment collection agent as further set out in Section 9 above.
Taxes, where applicable and as set out in the Hand Carry Terms.
Any amount paid through the Resolution Center in connection with your Hand Carry Account. Hand Carry Payments may do so by charging the Payment Method associated with the relevant booking, or any other Payment Method on file in your Hand Carry Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding the amount from your future Payouts.
Overstay Fees payable under the Hand Carry Terms. In addition, Hand Carry Payments may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any Payment Method(s) you have on file in your Hand Carry Account (unless you have previously removed the authorization to charge such Payment Method(s)).
Any Service Fees or cancellation fees imposed pursuant to the Hand Carry Terms (e.g., if, as a Host, you cancel a confirmed booking). Hand Carry Payments will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Payouts due to you.
Fees improperly paid to you as a Host or Co-Host. If, as a Host or Co-Host, your Guest cancels a confirmed booking or Hand Carry decides that it is necessary to cancel a confirmed booking, and Hand Carry issues a refund to the Guest in accordance with the Hand Carry Terms, Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Hand Carry Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
Fees, costs and/or expenses associated with a Damage Claim, including any Security Deposit, as set out in the Hand Carry Terms. If Hand Carry Payments is unable to collect from your Payment Method used to make the booking, you agree that Hand Carry Payments may charge any other Payment Method on file in your Hand Carry Account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)). Hand Carry Payments also reserves the right to otherwise collect payment from you and pursue any remedies available to Hand Carry Payments in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the Hand Carry Host Guarantee.
Fees payable by Co-Payers as part of the Group Payment Service by charging any Payment Method on file in your Hand Carry Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding such amounts from your future Payouts. Any funds collected by Hand Carry Payments will setoff the amount owed by you to Hand Carry and extinguish your obligation to Hand Carry.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
10.3.1 Any refunds or credits due to a Member pursuant to the Hand Carry Terms will be initiated and remitted by Hand Carry Payments.
10.3.2 All refunds may be subject to the Hand Carry Terms, Extenuating Circumstances Policy, and Guest Refund Policy. If a Guest or Hand Carry decides for any reason to cancel a confirmed booking pursuant to the Hand Carry Terms, Guest Refund Policy, or Extenuating Circumstances Policy, you agree that Hand Carry Payments will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.
10.4.1 For certain bookings (such as for Accommodation Bookings of twenty-eight (28) nights or more), Hand Carry Payments may require a Guest to make recurring, incremental payments toward the Total Fees owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Hand Carry Platform if applicable to a booking.
10.4.2 If Recurring Payments apply to a confirmed booking, then the Guest authorizes Hand Carry Payments to collect the Total Fees, and the Host agrees that Hand Carry Payments will initiate Payouts, in the increments and at the frequency agreed to and identified via the Hand Carry Platform.
10.4.3 Guests may stop payment of a Recurring Payment by notifying Hand Carry Payments orally or in writing at least three (3) business days before the scheduled date of the payment. Hand Carry Payments may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, Hand Carry Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Hand Carry Payments pursuant to Section 25.
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by Hand Carry Payments or a third party such as your financial institution.
If Hand Carry Payments is unable to collect any amounts you owe under these Payments Terms, Hand Carry Payments may engage in collection efforts to recover such amounts from you. Hand Carry Payments will deem any owed amounts overdue when: (a) for authorized charges, ninety (90) days have elapsed after Hand Carry Payments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, one hundred and eighty (180) days have elapsed after the adjustment is made to the Host’s account or the associated services have been provided, whichever is later. Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Hand Carry and/or Hand Carry Payments by you. Such communication may be made by Hand Carry, Hand Carry Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
11.1 If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) Hand Carry determines that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation pursuant to the Hand Carry Terms, you authorize Hand Carry Payments to charge the Payment Method used to make the booking in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, Hand Carry Payments may charge the Payment Method used to make the booking for the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the booking, you agree that Hand Carry Payments may charge any other Payment Method on file (and not otherwise unauthorized) in your Hand Carry Account at the time of the Damage Claim. 11.2 Hand Carry Payments also reserves the right to otherwise collect payment from you and pursue any remedies available to Hand Carry Payments in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the Hand Carry Host Guarantee.
Hand Carry Payments will process each transaction in the currency the Member selects via the Hand Carry Platform. The currencies available to make and receive payments for any given transaction may be limited for regulatory or operational reasons based on factors such as the Member’s selected Payment Method or Payout Method and/or the Member’s Country of Residence or Hand Carry contracting entity(ies). Any such limitations will be communicated via the Hand Carry Platform, and you will be prompted to select a different currency, Payment Method or Payout Method. Note that a Member’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the Member selects to make or receive payments, and Hand Carry Payments is not responsible for any such fees and disclaims all liability in this regard.
If we cannot initiate a Payout, refund, or pay other funds due to you for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting such funds to the appropriate governing body as required by law.
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the Hand Carry Terms, Policies, or Standards;
use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
register or use any Payment Method or Payout Method with your Hand Carry Account that is not yours or you do not have authorization to use;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Hand Carry Payments or any of Hand Carry Payments’ providers or any other third party to protect the Payment Services;
take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
15.1 The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Hand Carry, Hand Carry Payments and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Hand Carry or Hand Carry Payments used on or in connection with the Payment Services are trademarks or registered trademarks of Hand Carry or Hand Carry Payments 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 Payment Services are used for identification purposes only and may be the property of their respective owners.
15.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hand Carry, Hand Carry Payments, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Hand Carry Platform, or pursuant to Section 25 (“Contacting Hand Carry Payments”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
17.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
17.2 Notwithstanding Hand Carry Payments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the Hand Carry Platform, Hand Carry Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Hand Carry Payments does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
17.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
17.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
18.1 Except as provided in Section 18.2, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Hand Carry Account in any way, you are responsible for the actions taken by that person. Neither Hand Carry Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Hand Carry Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Providing Members pursuant to these Payments Terms or an approved payment request under the Hand Carry Host Guarantee, in no event will Hand Carry Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for bookings via the Hand Carry Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host or Co-Host, the amounts paid by Hand Carry Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Hand Carry Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Hand Carry Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
18.2 If you reside in the EU or you reside in Australia and contract with Hand Carry Payments Australia, Section 18.1 does not apply, and Hand Carry Payments is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Hand Carry Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Hand Carry Payments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Hand Carry Payments is excluded to the maximum extent allowed by applicable law.
You agree to release, defend (at Hand Carry Payments’ option), indemnify, and hold Hand Carry Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) Hand Carry Payments’ Collection and Remittance of Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party rights.
20.1 You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the Hand Carry Terms. Terminating this Agreement will also serve as notice to cancel your Hand Carry Account pursuant to the Hand Carry Terms. If you cancel your Hand Carry Account as a Host, Hand Carry Payments will provide a full refund to any Guests with confirmed booking(s). If you cancel your Hand Carry Account as a Guest, Hand Carry Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.
20.2 Without limiting our rights specified below, Hand Carry Payments may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address (or two (2) months’ prior notice for Members contracting with Hand Carry Payments UK).
20.3 Hand Carry Payments may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Hand Carry Payments believes in good faith that such action is reasonably necessary to protect other Members, Hand Carry, Hand Carry Payments, or third parties (for example in the case of fraudulent behavior of a Member).
20.4 In addition, Hand Carry Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the Hand Carry Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, or (iv) Hand Carry Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Hand Carry, its Members, Hand Carry Payments, or third parties, or to prevent fraud or other illegal activity.
20.5 In case of non-material breaches and where appropriate, you will be given notice of any measure by Hand Carry Payments and an opportunity to resolve the issue to Hand Carry Payments' reasonable satisfaction.
20.6 If you are a Host and we take any of the measures described in this Section we may refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
20.7 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new Hand Carry Account or attempt to access and use the Payment Services through other an Hand Carry Account of another Member.
20.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.
21.1 If you are contracting with Hand Carry Payments US, these Payments Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 23 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
21.2 If you are contracting with Hand Carry China, these Payments Terms will be governed by and construed in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with these Payments Terms shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Hand Carry Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
21.3 If you are contracting with Hand Carry Payments UK, these Payments Terms will be interpreted in accordance with English law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer you agree to submit to the non-exclusive jurisdiction of the English courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in England or a court with jurisdiction in your place of residence. If Hand Carry Payments wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
21.4 If you are contracting with Hand Carry Payments India, these Payments Terms will be interpreted in accordance with the laws of India. Any dispute arising from or in connection with these Payments Terms shall be submitted to the International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which shall be the seat and venue of arbitration. Such arbitration shall be conducted in accordance with the arbitration rules of the ICC in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Hand Carry Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of India or any other laws that may apply to you. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties. Each party shall bear its own costs in relation to the arbitration.
21.5 If you are contracting with Hand Carry Payments Australia, these Payments Terms are governed by the laws of the State of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of that State and courts of appeal of that State in respect of any proceedings arising out of or in connection with this Agreement.
22.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) are contracting with Hand Carry Payments US; or (ii) bring any claim against any Hand Carry Payments entity in the United States (to the extent not in conflict with Section 21).
22.2 Overview of Dispute Resolution Process. Hand Carry Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom Section 23.1 applies: (1) an informal negotiation directly with Hand Carry’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 22 and except as provided in Section 22.6). Specifically, the Consumer Arbitration Rules provide:
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;
22.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Hand Carry Payments 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 Hand Carry’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.
22.4 Agreement to Arbitrate. You and Hand Carry Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Payment Services (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 Hand Carry Payments agree that the arbitrator will decide that issue.
22.5 Exceptions to Arbitration Agreement. You and Hand Carry Payments 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).
22.6 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 and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
22.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Hand Carry Payments 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 Hand Carry Payments 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.
22.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and Hand Carry Payments agree that Hand Carry Payments will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. 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, Hand Carry Payments 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.
22.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award 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.
22.10 Jury Trial Waiver. You and Hand Carry Payments acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
22.11 No Class Actions or Representative Proceedings. You and Hand Carry Payments acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Hand Carry Payments 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.
22.12 Severability. Except as provided in Section 22.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
22.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Payments Terms”), if Hand Carry Payments changes this Section 22 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Hand Carry Payments’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Hand Carry Payments in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms).
22.14 Survival. Except as provided in Section 22.12 and subject to Section 20.8, this Section 22 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Hand Carry Account.
23.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between Hand Carry Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Hand Carry Payments and you regarding the Payment Services.
23.2 No joint venture, partnership, employment, or agency relationship exists between you or Hand Carry Payments as a result of this Agreement or your use of the Payment Services.
23.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
23.4 Hand Carry Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
23.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Hand Carry Payments’ prior written consent. Hand Carry Payments may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with Hand Carry Payments UK). Your right to terminate this Agreement at any time remains unaffected.
23.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.
23.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by Hand Carry Payments via email, Hand Carry Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which Hand Carry transmits the notice.
23.8 If you are contracting with Hand Carry Payments UK you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Hand Carry Payments UK is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
The following paragraphs will apply if you are contracting with Hand Carry Payments UK:
24.1.1 The Payment Services include the payment collection service provided to Hosts contracting with Hand Carry Payments UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes Hand Carry Payments UK treats Hosts as the “payment service user.”
24.1.2 By agreeing to these Payments Terms you as Host have consented to Hand Carry Payments UK’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 7.2. Hand Carry Payments UK will be deemed to have received the Host's payment order to the Host on the same date Hand Carry Payments UK agrees to initiate the Payout in accordance with Section 7.2.
24.1.3 Hand Carry Payments UK will endeavor to ensure that Hosts based in the EEA will receive each Payout by the end of the business day following Hand Carry Payments UK’s initiation of the Payout.
24.1.4 Communication. Hand Carry Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.
24.3.1 If you as a Host believe that a Payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your Hand Carry Account (“Credentials”) are lost or stolen, you should notify Hand Carry Payments UK pursuant to Section 25 immediately. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £50. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment.
24.3.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the Hand Carry Platform and/or Payment Services in accordance with the Hand Carry Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.
24.3.3 If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method, Hand Carry Payments UK will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.
24.3.4 Any complaints about the Payment Services should be made to Hand Carry Payments UK pursuant to Section 25. Complaints that are made in accordance with this section that relate to the provision of Payment Services by Hand Carry Payments UK will be eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman Service offer a free complaints resolution service to individuals, micro-enterprises, small charities, and trustees of small trusts. You can contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500, on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm; (ii) post: South Quay Plaza, 183 Marsh Wall, London E14 9SR; or (iii) email: email@example.com. The UK Financial Ombudsman Service is also available in a number of different languages and if you need it you will be put in touch with a translator when you contact the UK Financial Ombudsman Service.
Section 8, “Financial Terms for Guests”, shall be amended by adding the following subsection: “You acknowledge that if your Hand Carry Account is located in Brazil and you are paying by credit card, you may pay for your booking in multiple installments as long as your credit card supports installments and is issued in Brazil. The number of installments may vary, but will be presented to you before you complete your booking transaction. You acknowledge that the Total Fees may be increased when you choose to pay for your booking in installments. Your use of the installment feature is subject to additional terms and conditions imposed by us, as well as terms and conditions imposed by the applicable third-party payment service provider.”
You may contact Hand Carry Payments regarding the Payment Services using the information below:
These Payments Terms are available at www.handcarry.co.jp/legal/payment-terms. Hand Carry Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.