Updated terms of use
We’re constantly looking for ways to improve the Air Concierge experience. We have made updates to our Terms of Use and summarize those changes here. Please ensure you have read the full Terms of Use as this is meant to merely summarize any updates and may not cover the full breadth and depth nor include the full language of affected provisions. Where new language has been added to an existing provision, such update shall denote the date of the update and the added or replaced language. Where an entire provision has been added or deleted, the update will include an added or deleted Section number for reference.
Summary Date: October 31, 2023
We added language concerning our Liability Limitations (Section 12.2) in which we increased the amount of liability not to exceed the trailing three (3) months of management fees whereas previously the maximum amount was denoted as $100. Trailing was defined as being the month in which any claim or loss was alleged to have occurred and the preceding two months prior to that month, together, three months. Trailing month(s) are not calculated from the date a claim or loss is made and instead relates to the month(s) in which the alleged act or omission occurred.
Summary Date: September 18, 2023
We added language concerning how Platforms (like Airbnb, VRBO, eg) impose cancellation penalties in the event we/you initiate a cancellation that does not have a legitimate extenuating circumstance.
Summary Date: July 14, 2022
We added a description of how the Credit Card on file should work if/when there are month(s) in which Air Concierge incurs costs/expenses on behalf of a property and there is insufficient rental income to cover such costs. We also updated our indemnification clause language and added additional language and sections.
Summary Date: September 17, 2021
We updated our Insurance requirements and require now a comprehensive liability insurance policy in a minimum amount of “1,000,000 per occurrence/ $1,000,000 in aggregate, replacing “$500,000” previously stated.
Summary Date: April 20, 2021:
Split Bookings. We’ve drafted this clause to explain how Air Concierge may split bookings in which either a portion of a reservation occurs in two separate monthly periods and/or in which a reservation is longer than 30 days such that either Air Concierge receives multiple rental payments and not all rent at one time.
Indemnification. We’ve added additional text to describe how Air Concierge is indemnified.
LUXE. We’ve removed all references to the LUXE program which has not been in existence or operational since approximately 2016.
We removed all references to URBN Management Inc.
Summary Date: February 18, 2021:
Insurance: We’ve updated this clause to include a representation and warranty that Owner will carry insurance on the Property at all times during the period in which Air Concierge is managing the Property and that Owner will add/name Air Concierge is a named additional insured.
Summary Date: January 11, 2021:
Mediation: We’ve updated this clause to read: “Owner and Manager agree to mediate any dispute or claim arising between them out of this Agreement before resorting to arbitration or court action when such actions involve a minimum of $75,000 in claims and damages alleged.”
Reservation Cancellation. [Updated January 11, 2020: “The Parties agree that determining the the monetary and non-monetary harms and injuries suffered by Air Concierge shall Owner cause Air Concierge to cancel in progress or future Reservation(s), is difficult to quantify and as such, this Provision exists to provide and put on notice all Parties with regards to the same.” Therefore, Shall Owner cause Air Concierge to have to cancel any Reservation or multiple Reservations for any reason except as noted in below (“Extenuating Circumstances”), then owner shall pay to Air Concierge the amount of [updated January 11, 2020 to remove “total reservation(s) cost being cancelled” and replaced with “the Management Fee Air Concierge would have earned multiplied by a factor of 5 (the “Reservation Cancellation Fee” (removed “to 2,500US” per each canceled reservation”). "It is agreed upon by the Parties that this calculation and amount bears a reasonable relationship to the amount the actual damages the parties could have anticipated at the time this contract is executed. This fee shall compensate Air Concierge for all such harms, including but not limited to, not earning its Management fee had the Reservation not been cancelled, as well as the negative impact a cancellation has on its online ranking, for all efforts taken in notifying and preparing the Guest after the cancellation, to compensate Air Concierge for its time and resources in unwinding and rectifying any damage to its online and offline reputation, for any adverse actions, legal or otherwise taken against Air Concierge by a disgruntled traveler, or the mere threat of the same, for reputational harm to the Air Concierge brand for which Air Concierge derives its status both in terms of trust and for the harm caused to the Guest and other members of the Guest party adversely affected for which Air Concierge has a duty to preserve, none of which are covered by the Management Fee and thus reasonably related to the Reservation Cancellation Fee calculation formula.” A cancellation shall be defined as any Reservation that does not take place at the Property contracted between the Parties. Therefore, shall Owner terminate Air Concierge or otherwise cause Air Concierge to alter, cancel, modify, or in any way cause a Reservation(s) to not take place at Owner’s Property, then a Cancellation has occurred. Air Concierge shall not be required to find alternative accommodations for an affected Guest. Owner further agrees and acknowledges that any termination of Manager shall allow Manager to withhold and/or deduct the Reservation Cancellation Fee from an Owner Payout for the Owner Payout month in which the termination occurs, even if the terminated Reservations in the future are in future months. A termination of Manager in which future Reservations have yet to occur shall likewise be considered terminated unless otherwise agreed upon by the Parties. Owner agrees that any termination of Manager, that results in future Reservation Cancellations, shall be a violation of this Agreement and subject to the terms above if due to the bad acts, damage, or maintenance issues, intentional, negligent or otherwise caused by a Guest or a visitor to the Property of a Guest, unless such acts result in the complete and total uninhabitability of the Property.
Summary Date: November, 19, 2020: “Updated November 19, 2020 to include: “Additionally, Owner agrees and understands that Manager may hire from time to time other parties, such as third party vendors to service Owner’s Property, including but not limited to cleaners, maintenance professionals, handymen, electrician, and plumbers (together, “Third Party Vendors”). Owner further understands and agrees that Manager or its agents, employs, delegates or authorized representatives may receive a benefit for hiring such Third Party Vendor, financial or otherwise, and/or likewise those persons or entities, may have a vested financial interest in one or more such Third Party Vendors. Owner further understands and agrees, that any acts or inactions, whether negligent, willful, or fraudulent by a Third Party Vendor, even when such Third Party Vendor was discovered, and/or retained by Manager, that results in injury or loss to Owner, and should Owner seek to pursue any remedies at law against a Third Party Vendor, shall at no time include Manager in any legal action for the same.
Summary Date: October 12, 2020:
[ADDED OCTOBER 12, 2020 with regards to termination of Air Concierge while future reservations are booked and calendared but have not yet taken place. “To the extent any of the above fees are deemed to be liquidated damages, AIR CONCIERGE and Owner agree the amount stated is reasonable under the circumstances existing at the time of the execution of this Agreement.”
ADDED OCTOBER 12, 2020: : with regards to Transient Occupancy Tax and if a Property Owner has not instructed Air Concierge to handle the TOT collection and remittance on Owner’s behalf: '“When TOT is not charged/collected/paid to a municipality by a Booking Platform and if you have not elected to have Air Concierge manage the reporting of TOT on your behalf, then you agree that Air Concierge will charge a nightly rate to a Guest that includes the TOT. Thus any TOT that should be remitted to a municipality is i) your responsibility and not Air Concierge's, ii) that any fines, fees, damages, costs, loss of ability to operate shall be at your sole risk and iii) Air Concierge may but is not obligated to share with you the TOT should you elect to remit calculation amount and lastly iv) Air Concierge is not responsible for the accuracy of its reporting or calculations and Owner relieves Air Concierge of any duty to calculate the appropriate amount of transient occupancy tax.”
Summary Date: October 1, 2020:
Updated June 23, 2020) “KYC” means "Know Your Client” and is the form provided by Air Concierge to Owner, in which Owner fills out to indicate various facts and figures about Owner and Owner’s Property including but not limited to number of bedrooms, bathrooms, amenities, safety, booking and availability preferences, wifi codes, door codes if any, etc. Any and all data points provided by Owner shall be merely considered as recommendations, suggestions, or preferences of Owner. In the event of a Reservation in which information provided by Owner on the KYC is neither accurate, replicated, included, or excluded on the Listing Site, and such Reservation results in any act, or failure to act error, omission, damage or injury to any party, then all Sections below including but not limited to sections discussing Indemnification, Disclaimer of warranties, Indemnifications, and Liability limitations shall apply.
Owners & Hosts: AIR CONCIERGE provides Services to Owner-Hosts that register on the Site through the purchase of an (Updated June 1, 2020 "to state “Air Concierge Management Service (the “Service”) (Updated June 1, 2020 removed: including but not limited to Initial Cleaning and/or Household Supplies”)
Air Concierge, and its employs, assigns, delegates, vendors and contractors (updated June 2, 2020 to also include “and their agents, heirs, executors, administrators, successors in interest, officers, directors, shareholders, attorneys, insurers and assigns”) (updated June 2, 2020 removing “together the “Concierge Team” and instead the “Air Concierge Parties”)
Owner shall ensure the Property or Properties meet all local, city, state or federal codes at all times during this Agreement for such matters including but not limited to ensuring all zoning, tax, health, safety, (Updated June 1, 2020 to include: “fire safety, pool and spa safety, stairs and stairways, cooking appliances indoor and outdoor, fireplaces, bunk beds, carpets and rugs”) privacy,
IT SHALL BE THE SOLE RESPONSIBILITY OF OWNER AND NOT MANAGER OR ITS EMPLOYS, ASSIGNS OR DESIGNEES (updated June 2, 2020 to include “and their agents, heirs, executors, administrators, successors in interest, officers, directors, shareholders, attorneys, insurers” TO ENSURE THE PROPERTY IS PROPERLY AUTHORIZED BY WAY OF REGISTRATION.....
Lien. Updated July 28, 2020. “For Properties onboarded on or after October 1, 2020, Host/Owner grants Manager a lien on the Property if future reservations are cancelled because Owner indicates a desire to or actually takes step to sell the Property.
Updated July 2, 2020: “At no time shall Manager be responsible financially or otherwise if an Owner shall incur a fine, fee, tax, levy or other cash equivalent payable to any governing body, city, municipality, state, or federal, for any act, error, omission, or failure to act by any Guest, or a Guest of a Guest, at Owners Property.....
Updated June 2, 2020 and added: “25. This agreement shall not be construed against the party or its representative who drafted this agreement, or any portion hereof.)
(Updated June 2, 2020 and added: “26. The order in which the paragraphs appear in this agreement has no significance whatsoever.”)
(Updated June 2, 2020 and added: “27. The User agrees no attorney client relationship exists between the parties currently and no attorney client relationship between the parties has ever existed.
(Updated June 2, 2020 and added: “28. Terms herein may be changed periodically and you agree and acknowledge that these terms are subject to change and remain enforceable as such, that you will utilize the online link to this webpage to review these terms, and that these terms and conditions in effect at the time of the Service shall be those on the website at the time of such Service.
(Updated June 4, 2020 and added: “29. The information provided on the Air Concierge website(s) and in this Agreement do not, and is not intended to, constitute legal advice to you. Readers of this website and Users who agree to these terms should contact their attorney to obtain advice with respect to any particular legal matter. No reader, User, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or the Air Concierge Service or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, User, or browser and website authors, contributors, founders of the company, or its employs, assigns, delegates, vendors and contractors.
(Updated June 4, 2020 and added: “30. You understand that no particular result, compensation, earnings or performance is, or can be, guaranteed or promised by Manager in rendering Services requested by you for any particular matter. Manager undertakes only to render Services requested by you and accepted by Us. It is understood that you are not relying on Manager for business, investment, legal, or accounting decisions or to investigate the character or credit of persons with whom we may be associating with, contracting with, identifying for potential rental or engaging with actually for rental.