Last Updated: June 21th, 2018
These terms and conditions govern Hīven’s policy for Cancellation and Refund (“Cancellation and Refund Policy”). The Cancellation and Refund Policy applies in addition to Hīven’s Terms of Service (“Hīven Terms”). Both Guests and Hosts agree that they are subject to and will comply with the terms, conditions, and procedures of this Policy when cancelling a Booking.
By using the Hīven Platform as a Host or Guest, you are indicating that you have read and that you understand and agree to be bound by this Cancellation and Refund Policy.
1. Guest-Initiated Cancellations
1.1 Cancellations of Bookings. All cancellations of bookings must be submitted through the Platform and not by email. Cancellations of Bookings made less than 3 full hours before the scheduled start time of the Booking (“Start Time”) will incur a cancellation charge as follows, except in the case when the Cancellation time is less than 10 minutes after the Booking is made. When the Cancellation time is less than 10 minutes after the Booking is made, the guest is fully credited back of the hour, and there is no host payout.
|Cancellation Time||Guest Refund||Host Payout|
|3+ full hours prior to Booking start time||100% of the hour is credited back||None|
|2-3 hours (120-179 minutes) prior to Booking start time||50% of the hour is credited back||50% of the hour is paid to the host|
|Less than 2 full hours (0-119 minutes) prior to Booking start time||Non-refundable||100% of the hour is paid to the host|
Hours are credited back to Guests after the cancellation is finalized. Payouts to Hosts will be added to their monthly Payout. If a Host receives a new Booking for the Hive at the same time as the cancelled Booking, Hīven may elect to return all or a portion of the payout otherwise payable to the Host as part of the cancellation back to the Guest.
Where Guests cancel a portion of a multi-hour Booking, the Fees and refunds will only apply to the specific hours cancelled. Guests may be able to update a Booking time without penalty where a Host agrees to the new timing. The Host should let Hīven know by email.
1.2 Cancellations of Memberships. Memberships are non-refundable. Following any cancellation, Members will continue to have access to the service through the end of your current billing period. Hīven reserves the right to provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.
2. Host-initiated Cancellations
Because cancellations disrupt guests’ plans and impact confidence in the Hīven community, the following penalties will be applied for host cancellations.
2.1 Cancellation Fees. We may waive the first cancellation fee. After that, the following fee will be deducted from your first payout after a cancellation. The amount deducted will depend on how soon before the Booking (“Start Time”) you canceled it:
- More than 3 hours before Start Time, we’ll deduct $10 from your next payout
- Less than 3 hours before Start Time, we’ll deduct $20 from your next payout
2.2 Guest Refund. Any Host-initiated cancellations will be fully refunded to the Guest (cancelled hours will be credited back to the Guest’s Account). The Host cancelling the Booking will be responsible for it, and any scheduled payouts for that Booking will be cancelled.
2.3 Account suspension. If you cancel 3 or more Bookings within a month, we may deactivate your listing.
2.4 Waivers. In our discretion, we may waive Cancellation Fees for Host-initiated cancellations under the following circumstances:
- Guests providing false or misleading information on their profile;
- Guests suggesting their use of a Hive in a manner inconsistent with the Description, the Booking Agreement, or other limitations agreed upon between the Guest and Host;
- Inappropriate or illegal activity taking place during a Booking;
- A Host and Guest mutually deciding to cancel the Booking with all booked hours credited back to the Guest Account; or
- Any excused cancellations.
3. Guest Refund Policy
3.1 Coworking Issue
A “Coworkingl Issue” means any one of the following:
(a) the Host of the Hive (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Guest with the reasonable ability to access the Hive (e.g. does not provide the keys and/or a security code).
(b) the Listing’s description or depiction of the Hive is materially inaccurate with respect to:
- access to the spaces represented in the Listing (e.g. living room, bathroom and/or kitchen or other rooms),
- special amenities or features represented in the Listing are not provided or do not function, such as WiFi, coffee/tea, bathrooms (toilet), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or
- the physical location of the Hive (proximity).
(c) at the start of the Guest’s booking, the Hive: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Hive in Hīven’s judgment, (iii) does not contain clean bathroom supplies available for the Guest’s use, or (iv) has vermin or contains pets not disclosed in the Listing.
2.2 Refund Policy in case of Coworking Issue
If you are a Guest and suffer a Coworking Issue, we agree, at our discretion, to either (i) credit you back, up to the total amount of hours booked by you at the Hive where the Coworking Issue takes place, through the Hīven Platform, depending on the nature of the Coworking Issue suffered, or (ii) use our reasonable efforts to find and book you another Hive for any unused hours left in your booking which is reasonably comparable to the Hive described in your original booking in terms of location, features and quality. All determinations of Hīven with respect to the Guest Refund Policy, including without limitation the size of any refund and the comparability of alternate Hives, shall be in Hīven’s discretion, and final and binding on the Guests and Hosts.
2.3 Conditions to Claim a Coworking Issue
To submit a valid claim for a Coworking 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 Hive;
(b) you must bring the Coworking Issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the Hive and the circumstances of the Coworking Issue within 24 hours after the later of (i) the start of your booking or (ii) you discover the existence of the Coworking Issue , and must respond to any requests by us for additional information or cooperation on the Coworking Issue;
(c) you must not have directly or indirectly caused the Coworking Issue (through your action, omission or negligence); and
(d) unless Hīven advises you that the Coworking Issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the Coworking Issue with the Host prior to making a claim for a Coworking Issue.
4. Minimum Quality Standards and Host Responsibilities
4.1 If you are a Host, you are responsible for ensuring that the Hives you list on the Hīven Platform meet minimum quality standards regarding access, adequacy of the Listing description, safety, cleanliness, and do not present a Guest with Coworking Issues. During a Guest’s stay at an Hive, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any Guest issues.
4.2 If you are a Host, and if (i) Hīven determines that a Guest has suffered a Coworking Issue related to an Hive listed by you and (ii) Hīven either credits back the hours booked by that Guest or provides an alternative Hive to the Guest, you agree to reimburse Hīven up to the amount paid by Hīven within 30 days of Hīven’s request. If the Guest is relocated to an alternative Hive, you also agree to reimburse Hīven for reasonable additional costs incurred to relocate the Guest. You authorize Hīven to collect any amounts owed to Hīven by reducing your Payout.
4.3 As a Host, you understand that the rights of Guests under this Cancellation and Refund Policy will supersede your selected cancellation policy. If you dispute the Coworking Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Coworking Issue, provided you must have used reasonable and good faith efforts to try to remedy the Coworking Issue with the Guest prior to disputing the Coworking Issue claim.
5. Excused Cancellations
In rare instances, it may be necessary to cancel a Booking due to extenuating circumstances under short notice for one of the situations identified below (“Excused Cancellation”):
- Unexpected death or serious illness of a Host, a Guest, or immediate family member of either;
- Serious injury that directly restricts a Guest’s ability to access or a Host’s ability to provide the Booked Hive;
- Significant natural disasters or severe weather incidents triggering a state of emergency that directly impact use of a Hive or the Guest’s ability to access the Hive;
- Urgent travel restrictions or severe security advisories issued after the time of Booking, by an appropriate government office or agency;
- Severe property damage or unforeseen maintenance issues that directly impact the safe use of the Hive; or
- Legal, municipality, or utility injunction or order that directly restricts use of or access to a Hive.
Hīven may require Guests or Hosts to provide evidence to support the Excused Cancellation. Where approved, the booked hours will be credited back to the Guest and the Cancellation Fee may be waived for Hosts. No payout will be sent.
6. General Provisions
6.1 No Assignment/No Insurance. This Cancellation and 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 and the Host. The Guest and the Host have not paid any premium in respect of the Cancellation and Refund Policy. The benefits provided under this Cancellation and Refund Policy are not assignable or transferable by you.
6.2 Modification or Termination. Hīven reserves the right to modify or terminate this Cancellation and Refund Policy, at any time, in its sole discretion. If Hīven modifies this Cancellation and Refund Policy, we will post the modification on the Hīven Platform or provide you with notice of the modification and Hīven will continue to process all claims for Coworking Issues made prior to the effective date of the modification.
6.3 Entire Agreement. This Cancellation and Refund Policy constitutes the entire and exclusive understanding and agreement between Hīven and you regarding the Cancellation and Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Hīven and you regarding the Cancellation and Refund Policy.
7. Contacting Hīven.
If you have any questions about the Cancellation and Refund Policy, please email us.