Terms of Service
Last Updated: July 05, 2022
Highlights
(1) Pierup LLC is working to build relationships and grow our Pier-to-Peer slip sharing platform. Whether partnering with slip owners, boaters, citizen leaders, insurance experts, and/or real estate partners. We want to learn how to bring more value to our recreational water world, to benefit us all and save time and money booking slips. And earn opportunity income for residential slip owners. Pierup is growing to better understand opportunities for our community of Pierup Ambassadors (hosts with water slips) and Pierup Navigators (boaters renting water slips). We believe our community is better together and our focus is to build relationships that benefit our Pierup community. (2) We are working to remove any pain points that we feel as boaters when renting slips. We've developed a platform to make the frustration of renting a slip go away. We are making slip sharing simple. Working with residential owners, leaders in insurance and real estate Pierup is bringing better offers for our community.. Example of simplifying sharing, when a water-slip is rented on Pierup a boater's insurance will cover the host's water-slip for the entirety of their stay. Putting the host's mind at ease. Boater’s insurance including liability coverage covers their stay for the entirety of a boater's stay at the rented water-slip (i.e., dock, pier, slip, and/or moor). (3) Pierup is poised to cultivate a community that provides a feedback loop, so we continuously grow to be better together. Through your support, and feedback we are building a pier-to-peer platform that brings solutions and savings. Thank you for joining us in creating residential entrepreneurs, and for choosing to be producers of your own savings and earners of income on Pierup. We look forward to seeing you on the water.
Please read these terms and services carefully, which contain important information regarding your legal rights, remedies and obligations. Include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.
At Pierup we are gaining a fuller understanding of respective cities codes and laws. And we are working with citizen leaders, as partners, to have an understanding of unique opportunities on the water. As we build relationships, we are able to operate and create even more successes for our Pierup Ambassadors and Pierup Navigators. (pierup.com). As a boater and/or slip owner, on Pierup, you are expected to familiarize yourself with county/state/federal codes and laws that govern waterways usage (e.g., recreational boating), and rental of property.
Services Terms
If you are using the Site, Application or Services and you reside in the United States, you are agreeing to use Pierup with respect to use of the Pierup.com, with respect to any payments or payouts from, or to you conducted through the Site, Application or Services.
Pierup provides a pier to peer online platform that connects a host that has listed their accommodations for rent to a guest seeking dockage, (collectively, the "Services"), which Services are accessible at and any platform through which Pierup makes the Services available (collectively, the "Site") and as applications for mobile devices (the "Application"). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation constitutes a binding legal agreement between you and boater through agreement by use of Pierup. Please also read carefully our Privacy Policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR ACCOMMODATIONS AND GUESTS MAY LEARN ABOUT AND BOOK ACCOMMODATIONS DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT PIERUP IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS PIERUP A REAL ESTATE BROKER, AGENT OR INSURER. PIERUP HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Key Terms
"Pierup Content" means all Content that Pierup makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content. "Pierup Ambassador" refers to Pierup community members that have signed up to use our pier-to-peer platform to advertise and list their water-slip(s). "Pierup Navigators" refers to Pierup community members that have signed up to use our pier-to-peer platform to reserve and rent advertised, listed water-slip(s)."Booking Request Period" means the time period starting from the time when a booking is requested by a Guest (as determined by Pierup Ambassadors, at their discretion), within which an Ambassador may decide whether to confirm, or decline a booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places and is up to Pierup Ambassadors to set their terms for length of a stay (as agreed) and their price (as agreed). Pierup LLC does support our Ambassadors to have their choice and support their ability to have choice in length and price of listing their property. Pierup does serve as concierge to help slip owners be fair, competitive, and bring value to their listings. Pierup works to service a fair price based on location, length of stay and other offerings a slip offers. Using comparable data in an Ambassador’s home city with other industry factors, Pierup is creating a marketplace that benefits both our boaters and our slip owners."Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. And also can mean Member Content and Pierup Content that both are Pierup’s content, regardless, if it is on Pierup it is content Pierup owns.."Guest" means a Member who requests from a Host a booking of an Accommodation via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation. Pierup boaters are our designated guests that book slips on our pier to peer platform. Pierup boaters are also known as Pierup Navigators. "Host" means a Member who creates a listing of a water slip via the Site, Application and Services for renting to a Pierup Navigator. Hosts are also known as Pierup Ambassadors. And list slips for rent on our pier to peer network. "Listing" means an Accommodation that is listed by a Host as available for rent via the Site, Application, and Services."Member" means a person who completes Pierup's account registration process, including but not limited to Hosts and Guests."Member Content" means Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services.
Modification
Pierup reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
Eligibility
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services, anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. This is a contract between you and Pierup. You must read and agree to these terms before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a binding contract with Pierup, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
You must be at least 18 years of age (or the age of legal majority in your jurisdiction if different than 18) to be eligible to use the Services. Any use or access to the Services by anyone under 18 is strictly prohibited and in violation of this Agreement. Some requests may not be made via the Service by users under 18 years of age. In certain instances, Pierup may require you to provide proof of identity to create your account, or to access or use the Services, and you acknowledge and agree that you may be denied access or use of the Services if you refuse to provide such proof. The Services are not available to any users previously removed from the Services by Pierup.
How It Works
The Site, Application and Services can be used to facilitate the listing and booking of residential and other dock or slip properties ("Accommodations"). Such Accommodations are included in the listings on the Site, Application and Services by Hosts. To view listings you must be a registered user. If you wish to book a slip you must be a registered user. To rent a listing, you must first register to create a Pierup account. To create a listing, you must first register to create a Pierup account. (Defined below).
As stated above, Pierup makes available an online pier-to-peer platform (marketplace) with related technology for Guests and Hosts to ‘meet’ online and arrange for bookings of Accommodations directly with each other. Pierup is not an owner, nor an operator of properties, including, but not limited to, marina docks, residential docks, marina slips, residential slips, other, or Accommodations, nor is it a provider of properties, including, but not limited to, marina docks, residential docks, marina slips, residential slips, other lodgings or Accommodations and Pierup does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, marina docks, residential docks, marina slips, residential slips, other lodgings or Accommodations. Unless explicitly specified otherwise in the Pierup platform, Pierup's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. PIERUP CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. PIERUP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
Account Registration
In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account ("Pierup Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (including, but not limited to, Facebook; each account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Pierup Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Pierup through the Site, Services or Application; or (ii) allowing Pierup to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Pierup and/or grant Pierup access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Pierup to pay any fees or making Pierup subject to any usage limitations imposed by such third-party service providers. By granting Pierup access to any Third-Party Accounts, you understand that Pierup will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (social Content) so that it is available on and through the Site, Services and Application via your Pierup Account and Pierup Account member's profile page. Unless otherwise specified in these Terms, all social Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Pierup Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Pierup's access to such Third-Party Account is terminated by the third-party service provider, then social Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Pierup Account and your Third-Party Accounts, at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Pierup makes no effort to review any social Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Pierup is not responsible for any social Content.
Your Pierup Account and your Pierup Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via a social as described above. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Pierup reserves the right to suspend or terminate your Pierup Account and your access to the Site, Application and Services if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Pierup Account, whether or not you have authorized such activities or actions. You will immediately notify Pierup of any unauthorized use of your Pierup Account. And to limit your 1 account to be either a Pierup Ambassador, a Pierup Navigator, or to be registered for a single account as a Pierup Ambassador and Pierup Navigator. You can be both with the same account. Through our platform you are able to sign in and view our site as both if you have signed up and your provided registration information is accurate.
As stated above, Pierup makes available an online pier-to-peer platform (marketplace) with related technology for Guests and Hosts to ‘meet’ online and arrange for bookings of Accommodations directly with each other. Pierup is not an owner, nor an operator of properties, including, but not limited to, marina docks, residential docks, marina slips, residential slips, other, or Accommodations, nor is it a provider of properties, including, but not limited to, marina docks, residential docks, marina slips, residential slips, other lodgings or Accommodations and Pierup does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, marina docks, residential docks, marina slips, residential slips, other lodgings or Accommodations. Unless explicitly specified otherwise in the Pierup platform, Pierup's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. PIERUP CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. PIERUP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
Pierup Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical GPS locations and your home's address. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodation, you may not request the Guest to pay a higher price than in the booking request. Bookings will have both the Host price with Pierup Services fee and applicable 3% for card services fee. This will be included in the price of each listing, and as a registered user, an agreement for this method of business is agreed to. Also, hosts must agree to proof of ownership, and boaters must agree to proof of insurance. This vetting is handled before listing or renting is possible.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as a homeowners association, condominium, lease or other agreements, and (ii) will be in compliance with all applicable laws (such as zoning laws and laws governing residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and not conflict with the rights of third parties. Please note that Pierup assumes no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Pierup reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Pierup, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application or Services. We are building a community of trust and safety for boaters and hosts to both benefit. We take the community very seriously and expect that registered users know this and practice this, and read our terms and services.
If you are a Host, you understand and agree that Pierup does not act as an insurer, or as your contracting agent. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Pierup is not a party to it. Notwithstanding the foregoing, Pierup serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host (including add-ons, or other fees and/or Taxes). Also, The US Internal Revenue Service (IRS) requires US companies that process payments, including Pierup, to report gross earnings for all US users who earn over $20,000 and have 200+ transactions in the calendar year. If you exceed both IRS thresholds in a calendar year, Pierup will issue you a Form 1099-K.
When you create a Listing, hosts may also request to include certain requirements which then must be met by the Members who are eligible to request a booking of your Accommodation, such as requiring Members to have a profile picture, picture of their boat, or verified phone number, in order to book your Accommodation. Any boater wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via upon request to Pierup.
If you are a Host, Pierup makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or pre-approved for booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Boater (and the individuals the Guest invites to the Accommodation, if applicable.) Hosts can request whom else besides the boater will be staying with you will slip is booked. This is the hosts rights, and if boater does not provide information, boater is subject to loose the slip, and possibly no longer afforded privileges to use Pierup services.
Pierup navigators agree to provide boat insurance and insurance ID to verify their ownership and proof that they are insured, in order to register on Pierup. Boaters liability (boat insurance) is set at a minimum of $250,000 in liability coverage, and boaters insurance covers the entirety of their vessel’s stay, at their booked Pierup Ambassador(s) water-slip(s), for the length of the entire stay. If boaters do not have the minimum $250,000 policy they will need to get extended liability coverage for the length of rental slip stay. The Guest’s insurance is the only insurance that is available to the boater or home owner for a claim, if damage is caused by Boater. Boater’s insurance will cover any damages they inflict to the rental slip during their stay. To ensure we are all safe and insured to Pierup requirement for a stay, we do have for an extra service fee for boaters to opt in to gain coverage up to $1,000,000* to reassure the host that the boater is covered beyond their $250,000 policy. Pierup is not liable for the handling of, or any claim the boater or homeowner might have from the host and boater agreement. Both Pierup Navigators and Pierup Ambassadors (Hosts) are responsible for reviewing any insurance policy. And Pierup Ambassadors still have the responsibility in particular to make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply to your insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Pierup Navigators while at your Accommodation. This is the Host’s responsibility.
Pierup services offer pricing and listing, and Pierup may offer Ambassadors tips for how to stage professional photographs for their Accommodations. If you as an Ambassador choose to have a photographer of Pierup, to take the photographs, photos taken will be made available to you to include in your Listing "or similar wording ("Pierup Images"). If you want Pierup to put it all together you can purchase a Pierup Professional Package. You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Pierup Images. You alone are responsible for using the Pierup Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing. All images, materials and content created by these photographers, including Verified Images, constitute Pierup Content, regardless of whether you include them in your Listing. You agree that Pierup may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
Community Verification
You understand that "verified" images are intended only to indicate a photographic representation of the Listing at the time the photograph was taken. Images are therefore not an endorsement by Pierup of any Member or any Accommodation. Members are required by these Terms to provide accurate information, and although Pierup may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "verified" only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Pierup about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to rent with a Host, or to accept a booking request from a Guest, or to have any other interaction with any other Member. Pierup is not responsible for any damage, or harm, resulting from your interactions with other Members or their water-crafts.
By using the Site, Application or pier-to-peer platform services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Pierup with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or listings made by you. This limitation shall not apply to any claim by an Ambassador against Pierup regarding the remittance of payments received from a Navigator by Pierup on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Key Definitions
"Accommodation Fees" means the amounts that are due and payable by a Navigator in exchange for their stay at an Ambassadors rented listing. The Ambassador alone, and not Pierup, is responsible for the Accommodation Fees for his or her Listing. The Host may in his or her sole discretion decide to include in these amounts any other fees permitted on the Pierup platform. When applicable.
"Guest" means the fee that Pierup charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Guest fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host. Checkout will include this service fee with host fees for renting a slip.
"Host"Hosts can signup register and list slips for free on Pierup.
Host could have a fee if a Host wants to use a Service as a boater to rent slip. Or if a host adds on additional services. For instance, fee for Pierup professional photographs of dock, professional writing and listing of slip for host, etc. Pierup is a free service for hosts to sign up, register, and list a slip, and when that slip is booked by Pierup, hosts do not pay that fee. The boater pays Pierup services to rent the slip. The listing price includes Pierup services displayed before and when a Host is asked whether to confirm, or reject a booking request from a prospective boater. The host agrees to this model to include their ask price and Pierup’s service fees so that the boater knows exactly what to expect when renting a slip in Pierup. Pierup concierge (add-on services) are fees a Host can choose to have from Pierup, which is a fee to the host from Pierup for other services provided.
"Service Fees" means collectively the Fees for Services on our pier to peer platform.
Terms for Hosts and Guests
If you are a Host and your slip(s) is requested via the Site, Application or Services, you will be required to either confirm or deny a booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest's Pierup Account profile page, (iii) if the Guest and Host have both connected their Pierup accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Guest on such SNS, and (iv) an indication of whether or not the Guest has provided other information to Pierup, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Pierup for the requested booking will be refunded to the applicable Guest's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, Pierup will send you an email, text message or message via the Application confirming such booking.
Pierup will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and will initiate payment of the Accommodation Fees (less Pierup's Fees and if applicable taxes in respect of the Host Fees) to the Host within 24 hours of when the Guest arrives at the applicable Accommodation (except to the extent that a refund is due to the Guest). The time it takes for the Host to receive payouts may depend upon the payout method chosen by the Host. If methods involve the use of third-party payment processors, they may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via Pierup (whether as a result of your bookings or actions as a Navigator or Ambassador), then Pierup may (but is not obliged to) withhold the amount owing to Pierup from any payout amounts due to you as an Ambassador, and use the withheld amount to set off the amount owed by you to Pierup. If Pierup does so, then your obligation to pay Pierup will be extinguished to the extent of the amount withheld by Pierup, and Pierup will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, 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. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail, or by phone, as provided to Pierup from you. Such communication may be made by Pierup, or by anyone on its behalf, including but not limited to a third party collection agent.
Pierup as Payment Collection Agent for Host
Each Host hereby appoints Pierup as the Host's limited payment collection agent solely for the purpose of accepting the Accommodation Fees from Guests.
Each Host agrees that payment made by a Guest through Pierup, shall be considered the same as a payment made directly to the Host, and the Host will make the Accommodation available to the Guest in the agreed-upon manner as if the Host has received the Accommodation Fees. Each Ambassador agrees that Pierup may, in accordance with the cancellation policy selected by the Ambassador and reflected in the relevant water-slip(s), (i) permit the Navigator to cancel the booking and (ii) refund (via Pierup) to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. Each Host understands that as Pierup accepts payments from Guests as the Host's limited payment collection agent and that Pierup's obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. Pierup does not guarantee payments to Hosts for amounts that have not been successfully received by Pierup from Guests. In accepting appointment as the limited authorized agent of the Host, Pierup assumes no liability for any acts or omissions of the Host.
Please note that Pierup does not currently charge fees for the creation of Listings. However, you as an Ambassador acknowledge and agree that Pierup reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Pierup will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Service Fees
In consideration for the use of Pierup's online pier-to-peer marketplace and platform, Pierup charges the Service Fees. Pierup deducts the Guest Fees from the Accommodation Fees before remitting the balance to the Ambassador (Host) as described in these Terms. Navigator (Guest) Fees, as noted above, are included in the Total Fees charged.
Balances will be remitted by Pierup to Hosts via check, PayPal, Stripe or other payment methods depending upon the selections the Host makes via the Site, Application and Services. Amounts may be rounded up or down with rounding off methodology (example 101.49 would be 110 and 101.51 would be 102.).
Cancellation and Refund
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Pierup will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a reasonable amount of time. As a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the Listing will apply to such a cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the Host cancellation policy. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host.
If a Host cancels a confirmed booking made via the Site, Services, and Application, Pierup will refund the Total Fees for such booking to the applicable Guest within a reasonable time of the cancellation and the Guest will receive an email or other communication from Pierup containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest's requested booking, then the Guest agrees to pay Pierup the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, will be refunded.
If, as a Host, you cancel a confirmed booking, you agree that Pierup may apply penalties or consequences to you or your Listing, Pierup may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the host. You agree that Pierup and the relevant Guest or Host will not have any liability for such cancellations or refunds.
If, as a Host, your Guest cancels a confirmed booking or Pierup decides that it is necessary to cancel a confirmed booking, and Pierup issues a refund to the Guest in accordance with the Guest Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid Pierup shall be entitled to recover the amount of any such Guest refund from you, including by subtracting such refund amount out from any future Accommodation Fees due to you.