Terms of Service

Last updated: October 8th, 2015

These Terms of Service govern your use of Services made available to you by Kid & Coe via the Website (www.kidandcoe.com) on condition that you accept these Terms of Service, and confirm your acceptance of the Privacy Policy and Terms of Use posted on the Website (collectively, the “Agreement”). The terms “You” or “Your” refers to the person accessing or using the Services. If you are entering into this Agreement on behalf of a legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “You” or “Your” refers to such entity. BY CLICKING THE “ACCEPT” BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THE AGREEMENT. IF YOU DO NOT ACCEPT THE AGREEMENT, OR DO NOT HAVE AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES. Unless otherwise stated herein, all defined terms shall have the meaning set forth in the Terms of Use and Privacy Policy.

Services.

Kid & Coe provides an online platform that connects hosts who have accommodations for rent (“Hosts”) with guests seeking to rent such accommodations (“Guests”) (each, a “Subscriber” and collectively, the “Subscribers”) Through the Services, Hosts may create listings for accommodations and Guests who are interested in such listings may book those accommodations. You may browse the Website and review listings for accommodations as a visitor, but if you wish to check availability, book an accommodation or create a listing, you will need to register through the Website to create an account.

You understand and agree that Kid & Coe is not: (a) a party to any rental or other agreements between Hosts and Guests; (b) a real estate broker, agent or insurer; (c) an owner or manager for any rental property listed on the Website by a Host; or (d) a provider or operator of hotel rooms, motel rooms, other lodgings or travel services.

You are using this Website and the Services at your own risk and you are personally responsible for verifying their suitability for your needs.

Registration.

During the online registration process, you will be asked to provide your name, email address and other information, and create a user name and password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.

You shall be solely and exclusively responsible for using this Website and the Services strictly in accordance with applicable laws. You will not make the Services available to any third party, remove or modify any proprietary marking or restrictive legends placed on the Services or the Website, or introduce into the Services or the Website any device, software, virus, worm, “back door,” Trojan Horse, or similar harmful code.

Kid & Coe Reservation of Rights.

Kid & Coe is under no obligation to accept any individual as a Subscriber to the Services, and may accept or reject any applicant in its sole and complete discretion.

Accommodation Listings.

Once registered, Subscribers may create listings for properties that they are legally authorized to list for rental. Kid & Coe will ask you to provide information about the property to be listed, such as its address, square footage/meters, number of rooms/bedrooms/bathrooms, features, neighborhood, pricing per night, deposit preferences, financial terms, standards and rules. Guests will book your property through the Services based on the information you provide in your listing. The price for any booking may not be altered once a Guest has confirmed a booking of your accommodation.

Subscribers listing any property acknowledge and agree that they are solely responsible for any and all listings they post. Accordingly, each Host represents and warrants that any listing and any stay by any Guest at any such accommodation will be in compliance with all applicable laws, tax requirements, rules, regulations zoning laws and laws governing rentals of residential and other properties, will not breach any agreements with any third parties, and will not conflict with the rights of third parties. You are solely responsible for evaluating the listed accommodations and ensuring that they comply with applicable law.

Accommodation Bookings.

Hosts are required to confirm or reject a Guest’s booking request within 48 hours of the submission of such request, or the request will be automatically cancelled. If the Host confirms a Guest’s booking request within the forty-eight hour period, then the Guest’s credit card will be charged an amount equal to 30% of the Host Fee and Kid & Coe fees, or 100% if the check in date is within 6 weeks.

Fees.

Each listing posted on the Website by a Host shall reference all fees associated with booking the accommodation including the “Host Fees,” the “Service Fees,” and other applicable fees (collectively, the “Total Fee”).

Host Fees include (i) the price per night for the property multiplied by the number of nights confirmed in the booking (the “Property Fee”), (ii) Security Deposit, (iii) Cleaning Fee, (iv) Kid & Coe Fee, and (v) applicable taxes. Hosts are given the option in their account settings to specify a Security Deposit up to 5,000 $/€/£, and a Cleaning Fee, which will be applied to every booking of the Host property. The Host may change the Security Deposit and/or the Cleaning Fee at any time. Please keep in mind that a higher Security Deposit might be restrictive to some guests. The Kid & Coe Guest Fee (between 10% and 15% of the Property Fee for Private Properties and 3% for Corporate Properties) is paid to Kid & Coe in consideration for its provision of the Services.

The Host Service Fee is an administrative fee charged to the Host by Kid & Coe for facilitating the collection and distribution of fees. The current Service Fee varies between 5-10% of the Private Host Fees and 12% of Corporate Host Fees. Kid & Coe cannot control any transactional fees charged by the credit card provider including, without limitation, service fees, currency conversion fees and any and all other fees, and Kid & Coe expressly disclaims any and all liability for such charges.

Private hosts will be paid their fees, less service fees, the Friday after the stay commences. Corporate hosts will be paid six weeks prior to the guest's arrival.

Kid & Coe reserves the right, in its sole discretion, to change the Kid & Coe Fee and/or the Service Fee at any time without notice to Subscribers

The Security Deposit will be charged to the Guest only if there is damage to the Host property (see Security Deposit Policy below). Kid & Coe will remove and retain the Service Fee and the applicable Kid & Coe Fee from the Total Fee prior to remitting the balance of the Host Fee to the Host. The Host shall receive payment during the calendar month of the applicable Guest’s stay in the Host accommodation. Hosts may be paid via PayPal, a bank check (drawn on a U.S. bank), by ACH payments or via wires. The Host is solely responsible for paying all applicable taxes and bank fees.

Subscribers are responsible for providing a valid credit card number at the time of submitting a booking request and, for Hosts, information regarding deposit of Host Fees such as banking information or wiring instructions. You represent and warrant that you are an authorized user of such credit card and authorized to provide the applicable banking information, and you agree to pay all charges resulting from your booking of an accommodation, including damages incurred per the security deposit below, or incidentals as agreed between you, the Guest, and the Host property. If the Host confirms the requested booking within the 48-hour period, you, as Guest, hereby authorize Kid & Coe to immediately charge your credit card for an amount equal to thirty percent (30%) of the Total Fee. You, as Guest also authorize Kid & Coe to charge your credit card for the remaining seventy percent (70%) of the Total Fee six (6) weeks prior to your scheduled arrival. If a Guest books an accommodation less than six (6) weeks before the confirmed date of arrival, Kid & Coe shall charge your credit card for the entire amount of Total Fee due immediately upon confirmation of the booking. The failure of the credit card charge to be completed for any reason will result in the immediate termination of any confirmed booking. Kid & Coe will provide notice to the Guest and Host in the event the credit card is declined. Kid & Coe accepts payments in USD/EURO/GBP.

Security Deposit Policy.

To avoid conflicts and breakages, we suggest that all breakables and items of value are stored out of the way of the smallest guests. We also understand accidents happen, so we encourage our Subscribers to work together cooperatively on a voluntary basis to resolve any claimed property damage.

If a Host submits a damages claim to Kid & Coe (via email to team@kidandcoe.com), within 48 hours of the guest’s departure, then Kid & Coe shall use commercially reasonable efforts to forward such claim to the applicable Guest. Any such claims must specify the claimed damages in writing and provide photographs. Upon request, Kid & Coe may, at its sole discretion, endeavor to assist Subscribers in resolving the claim(s). Notwithstanding the foregoing, Subscribers are solely responsible for pursuing and/or resolving any and all claims or disputes by or among them, or with a third party, that may arise in connection with the Services, the Website and/or the Content including, but not limited to, filing legal and/or equitable claims, and notifying insurance companies. The Guest’s credit card will be charged for the amount of the Security Deposit, or portion thereof, that the parties agree is owed in connection with the property damages claim. The guest will be responsible for the 3% credit card fee associated with processing the security deposit.

Cancellations.

In most cases, guests can cancel up to six weeks before arrival for a full refund, less a cancellation fee of $/€/£150. For cancellations within 6 weeks prior to arrival, it is up to the discretion of the host to offer a refund or reschedule the stay for alternative dates. It is important to note that some of our hosts have their own custom cancellation policies which are clearly shown on their listings and guests will need to have read and understood these before submitting a reservation request.

In the unlikely event that a guest is unhappy with a property that is listed on Kid & Coe, the guest must inform the host and Kid & Coe immediately upon arrival. In order to be considered for a refund, the following form should be completed with as much information as possible, along with any supporting photographic evidence: http://bit.ly/guestassurance. Any nights stayed in the property will be charged to the guest (along with all applicable fees), with the balance of the amount paid for the stay refunded if the property is deemed unacceptable. We strongly urge guests to consider travel insurance to help in the case of extenuating circumstances.
 Kid & Coe reserves the right to fully refund the guest in extenuating circumstances. Kid & Coe reserves the right to change these policies. Contact us at +1.347.708.1598 (USA) or +44.20.3126.4899 (UK) or send an email to team@kidandcoe.com and we'll assist you and your host with your cancellation.

In the rare event that a host cancels your reservation before your check in date, we email you to let you know immediately. There are two options available if this happens: 1) We will transfer your payment to another listing on Kid & Coe. We will help you find a suitable alternative property. As soon as you are happy with the alternative and the new host has accepted the booking, we will arrange for your payment to be applied to the new property to make the reservation live. You can then contact the host directly through the site to co-ordinate new arrival logistics, welcome at the home, etc. 2) We will fully refund you (including Kid & Coe service fees). If we are unable to find you suitable alternative accommodation, then we would offer you a full refund, including any service fees that are charged by Kid & Coe. Whenever you make a booking through Kid & Coe, we strongly urge all of our guests to take out adequate travel insurance to ensure you are fully covered for any eventuality that could occur after booking or during your stay.

License Grant.

Kid & Coe grants Subscriber a non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Website, the Content, and the Services.

Insurance.

Kid & Coe does not provide liability or property insurance for Subscribers. Subscribers are solely responsible for obtaining insurance coverage sufficient to protect their properties and Guests during the entire duration of their stay. Hosts agree that they have or will obtain the appropriate insurance coverage sufficient to cover all property and bodily harm arising from the rental of the property they list through the Services prior to the arrival of their first Guest. Hosts further agree to maintain and increase the insurance amounts, as needed, so as to carry all appropriate and adequate amounts through the departure date of any Guest booked through the Services. Kid & Coe recommends that Subscribers carry all applicable travelers, liability, renters, homeowner’s and any other appropriate insurance to cover any losses to person and/or property during each Guest’s stay. Please contact your insurance broker, carrier or respective provider to be sure your coverage encompasses Guests within the premises of your home for the duration of their stay. Subscribers agree to provide Kid & Coe copies of relevant proof of coverage upon request. We strongly urge guests to consider travel insurance to help in the case of extenuating circumstances.


United States Use Only.

This Website and the Services are intended to be used only by residents of the United States. Anyone who accesses the Website or uses the Services from outside the United States does so at their own initiative and risk and is responsible for compliance with all applicable laws.

Disclaimer of Warranties.

KID & COE, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “KID & COE PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE WEBSITE, THE SERVICES, OR THE CONTENT (THE “MATERIALS”) INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT YOU USE THE MATERIALS ENTIRELY AT YOUR OWN RISK. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE KID & COE PARTIES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE MATERIALS WILL BE FREE FROM VIRUSES OR MALWARE, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE MATERIALS. NONE OF KID & COE PARTIES WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY THIRD PARTY WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NONE OF KID & COE PARTIES WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

THE KID & COE PARTIES DO NOT ENDORSE ANY HOST, GUEST, OR ANY CONTENT (INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY ANY SUBSCRIBER). YOU ACKNOWLEDGE THAT THE WEBSITE AND THE SERVICES MERELY PROVIDE A VENUE THAT ALLOWS HOSTS TO CONNECT WITH GUESTS. NONE OF THE KID & COE PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN HOSTS AND GUESTS OR FOR ANY RESULTS CAUSED BY USING THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE. NONE OF THE KID & COE PARTIES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY HOST OR GUEST. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.

Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL ANY OF KID & COE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE, THE SERVICES OR THE CONTET. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS WEBSITE, THE SERVICES AND THE CONTENT. IN NO EVENT SHALL THE KID & COE PARTIES, OR ANY OF THEM, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE MATERIALS, OR YOUR PURCHASE OR RENTAL OF PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE KID & COE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS, OR (II) THE AMOUNT PERMITTED BY APPLICABLE LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY OF THE MATERIALS IS TO STOP USING THE WEBSITE OR THE SERVICES.

Indemnification.

You agree to defend, indemnify, and hold Kid & Coe Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Website, the Content, or the Services; (iii) any User Generated Content provided through your account; (iv) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; and (v) any claims brought against Kid & Coe by a Subscriber as a result of your acts or omissions.

Termination.

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, the Content and/or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this Website, the Content and/or the Services at any time without prior notice or liability. You may terminate this Agreement at any time upon the provision of written notice to us by email to team@kidandcoe.com.

Modifications.

We reserve the right to amend this Agreement at any time and from time to time without notice. If you use the Website and/or the Services after this Agreement has been posted, you will be deemed to have agreed to this Agreement. If you do not agree to the modified Agreement, you should discontinue your use of the Services, which termination is your sole and exclusive remedy.

Miscellaneous.

In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled limitation of liability, indemnification, miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release Kid & Coe Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by Kid & Coe to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. This Agreement contains the entire agreement of the parties concerning this Website and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Website. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Website that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by Kid & Coe.

You consent and agree that Your clicking of the “I Accept” button constitutes Your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and that such electronic signature will meet the requirements of an original signature as if actually signed by You in writing. Further, You agree that no certification authority or other third-party verification is necessary to the enforceability of Your signature. At our request, any electronically signed document must be re-executed in original form by You. No party hereto may raise the use of an electronic signature as a defense to the enforcement of these Terms or any amendment or other document executed in compliance with these Terms.