Memberly Guest Refund Policy
These terms and conditions govern Memberly’s policy for Guest refunds and the obligations of the Host associated with the Guest Refund Policy, that applies in addition to Memberly’s Terms of Service. The Guest Refund Policy is available to Guests who book and pay for an Accommodation through the Memberly Platform and suffer a Travel Issue. The Guest’s rights under this Guest Refund Policy will supersede the Host’s cancellation policy.
All capitalized terms shall have the meaning set forth in the Memberly Terms or Payments Terms unless otherwise defined in this Guest Refund Policy. By using the Memberly Platform as a Host or Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.
1. Travel Issue
Only a Guest may submit a claim for a Travel Issue. If you are a Guest, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:
(i) You must bring the Travel Issue to our attention through mail by info@memberly.org with information (including photographs or other evidence) about the accommodation and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue.
(ii) You must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence).
(iii) You must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.
2. The Guest Refund Policy
If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either reimburse you up to the amount paid by you through the Memberly Platform depending on the nature of the Travel Issue suffered, or use our reasonable efforts to find and book you another Accommodation for any unused nights left in your booking which is reasonably comparable to the Accommodation described in your original booking in terms of size, rooms, features and quality.
All determinations of Memberly with respect to the Guest Refund Policy, including without limitation the size of any refund and the comparability of alternate Accommodations, shall be in Memberly’s discretion, and final and binding on the Guests and Hosts.
3. Conditions to Claim a Travel Issue
To submit a valid claim for a Travel Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:
(a) you must be the Guest that booked the Accommodation;
(b) you must bring the Travel Issue to our attention by providing us with information about the Accommodation and the circumstances of the Travel Issue within 24 hours after the start of your booking or you discover the existence of the Travel Issue.
(c) you must not have directly or indirectly caused the Travel Issue
(d) unless Memberly advises you that the Travel Issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.
4. Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest
4.1 If you are a Host, you are responsible for ensuring that the Accommodations you list on the Memberly Platform meet minimum quality standards regarding access, adequacy of the Listing description, safety, cleanliness, and do not present a Guest with Travel Issues. During a Guest’s stay at an Accommodation, Hosts should be available, or make a third-party available to resolve any Guest issues.
4.2 If you are a Host, and if (i) Memberly determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) Memberly either reimburses that Guest or provides an alternative Accommodation to the Guest, you agree to reimburse Memberly up to the amount paid by Memberly within 30 days of Memberly’s request. If the Guest is relocated to an alternative Accommodation, you also agree to reimburse Memberly for reasonable additional costs incurred to relocate the Guest.
4.3 As a Host, you understand that the rights of Guests under this Guest Refund Policy will supersede your selected cancellation policy. If you dispute the Travel Issue, you may notify Memberly regarding it, you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.
5. General Provisions
5.1 No Assignment/No Insurance - This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.
5.2 Modification or Termination - Memberly reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion, without prior notice. If Memberly modifies this Guest Refund Policy, we will post the modification on the site or provide you with notice of the modification also process all claims for Travel Issues made prior to the effective date of the modifications.
5.3 Entire Agreement - This Guest Refund Policy constitutes the entire and exclusive and understanding and agreement between Memberly and you regarding and the Guest Refund policy and Supersedes and replaces any and all prior oral or written understandings or agreements between Memberly and you regarding the Guest Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Memberly Terms of service
6. Contacting Memberly. If you have any questions about the Guest Refund Policy, please email us at info@memberly.org