Tenant Refund Policy
- 1. Minimum Quality Standard Issue
- 2. Requirements to place a Qualifying Claim
- 3. Tenant Refund Policy
- 4. Landlord’s Responsibilities and Refunds to the Tenant
1. Minimum Quality Standard Issue
A “Minimum Quality Standard Issue” ("Issue") means any one of the following:
- the Landlord of the property cancels a booking last minute (7 days or less before the check-in date of the relevant booking) or fails to provide the Tenant with access to the property (e.g., by providing the keys and/or a security code); or
- the property is not as described in its listing on the Site in some material aspect, such as: (i) the size of the property and/or number of rooms; (ii) type of property;(iii) facilities ticked or features mentioned in the listing description are not provided or do not function, such as electrical, heating or air conditioning systems; or(iv) the physical location of the property (i.e. street, proximity to monuments, attractions, beaches or other landmarks); or
- on check-in, the property: (i) is not generally clean and sanitary; or (ii) contains health and safety hazards that would be reasonably expected adversely to affect the Tenant’s business.
2. Requirements to place a Qualifying Claim
Only a Tenant may submit a claim for a refund. A Claim is considered a “Qualifying Claim” when it relates to one or more of the Issues above, and meets each of the following conditions:
- the Tenant must make the Claim through the Contact Us Form, choosing the “Booking: Complaint” topic;
- the Tenant must clearly state their booking number and/or email address given when the Booking was made;
- the Tenant must provide evidence of their claim such as photographs or videos and at Our request must provide Us with any additional information on the circumstances of the Issue;
- no member of the Tenant’s party has directly or indirectly caused the Issue, whether through their action, omission or negligence; and
- the Tenant must have made reasonable efforts to try to remedy the Issue directly with their Landlord prior to making a Claim.
- the Tenant must make the Claim within 24 hours of check-in. If the Claim relates to a Issue occurring after 24 hours of check-in, Tenant must make the Claim as soon as reasonably possible.
3. Tenant Refund Policy
Pop Up Shops will, at its discretion, either:
- refund the Tenant part or all of the price paid by the Tenant via the Site depending on the nature of their Qualifying Claim; or
- use its reasonable efforts to find and book another comparable (at Pop Up Shops’ reasonable decision) property for any days left in the term of lease.
All determinations of Pop Up Shops with respect to this Tenant Refund Policy, including without limitation the size of any refund, shall be final and binding on the Tenant and Landlord concerned as between them and as between each of them and Pop Up Shops.
4. Landlord’s Responsibilities and Refunds to the Tenant
Landlords should note that they are responsible for ensuring that the Properties they list on the Site are as described in the listing, meet standards regarding access, health & safety and cleanliness, and do not present any Tenant with an Issue. During the 24-hour period following the Tenant’s check-in, Landlords should be available, or make a third-party available, in order to try, in good faith, to resolve any issue. This Tenant Refund Policy is without prejudice to any statutory rights that a Tenant may have as between them and their Landlord.
The rights of the Tenant under this Tenant Refund Policy supersede the Cancellation Policy chosen by the concerned Landlord.
If you are a Landlord, and if:
- Pop Up Shops determines that a Tenant has suffered an Issue related to a property you have listed on the Site; and
- Pop Up Shops either refunds that Tenant any amount up to the price paid by the Tenant through the Site for the property or provides an alternative property to the Tenant, you agree that Pop Up Shops may off-set or reduce any Landlord Fee owed by Pop Up Shops to you by the amount paid or incurred by Pop Up Shops.
If the Tenant remains in the property affected for part or all of the lease duration despite the Issue, the Tenant will receive a refund that will reduce the amount of the Landlord Fee ultimately paid to you.
If the Tenant is relocated to an alternative property, you may lose part or all of the Landlord Fee for the booking and you may be responsible for any reasonable additional costs incurred by Pop Up Shops to relocate the Tenant to the alternative property.
In the event of one or more Issue(s), Pop Up Shops reserves the right to take additional measures. These additional measures include, but are not limited to:
- decreasing the quality score of the listing of the property affected;
- leaving a 1 star review for the property affected; cancelling upcoming bookings;
- delisting the property;
- recovering costs incurred including for administrative time spent in resolving the Issue(s); and/or
- charging the sum equal to 20% of the Landlord Fee to cover management costs incurred in resolving the Issue, which the Landlord and Pop Up Shops agree is a reasonable pre-estimate of the management costs that will be incurred.
If as a Landlord you wish to dispute the Qualifying Claim or provide details of extenuating circumstances such as, damage to the property from a cause outside your control, (“Extenuating Circumstances”) you must notify Pop Up Shops promptly in writing using the Contact Us Form and choosing the “Booking: Complaint” topic and provide all relevant information and evidence such as photographs, video certificates, and/or copies of correspondence disputing the Qualifying Claim or detailing the Extenuating Circumstances, provided you must have used reasonable and good faith efforts to try to remedy the Issue with the Tenant prior to disputing the Qualifying Claim or claiming Extenuating Circumstances.
All determinations of Pop Up Shops concerning this Tenant Refund Policy, including without limitation the validity of the Qualifying Claim, the validity of Extenuating Circumstances and the amount to be refunded to the Tenant, shall be final and binding on the Tenant and Landlord concerned, as between them and as between each of them and Pop Up Shops.
Last update: 31 August 2014