This Website is the property of Bud and Breakfast (“Bud and Breakfast”). These terms and conditions govern your use of BudandBreakfast.com (this “Website”); by using this Website, you accept these terms and conditions in full and agree to be legally bound by them. Bud and Breakfast may modify the site and these Terms and Conditions in its sole discretion. By continuing to use the Website, you agree to be bound by the Website as it may be modified from time to time.
If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Website.
You must be at least 21 years of age to use this Website. By using this Website and by agreeing to these terms and conditions you warrant and represent that you are at least 21 years of age.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. INCLUDED IN THESE TERMS AND CONDITIONS IS A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS
HOSTS AND GUESTS SHOULD BE AWARE THAT THE SALE, USE, AND TRANSPORTATION OF MARIJUANA IS ILLEGAL UNDER FEDERAL LAW. THE FEDERAL GOVERNMENT DOES NOT RECOGNIZE MARIJUANA AS HAVING ANY MEDICINAL VALUE. STATE AND LOCAL LAWS VARY WITH REGARDS TO BOTH THE RECREATIONAL AND MEDICINAL USE OF MARIJUANA. IT IS THE RESPONSIBILITY OF BOTH GUESTS AND HOSTS TO ENSURE THAT ALL OF THEIR ACTIVITIES ARE CONSISTENT WITH RELEVANT LAWS. BUD AND BREAKFAST MAKES NO REPRESENTATION WITH REGARDS TO THE LEGALITY OF THE ACTIVITIES THAT OCCUR ON THE ACCOMMODATIONS THAT ADVERTISE ON THIS WEBSITE, AND DISCLAIMS ANY LIABILITY STEMMING FROM THE TRANSPORTATION, PROVISION, SALE, AND USE OF MARIJUANA BY GUESTS AND HOSTS THAT USE THIS WEBSITE.
HOSTS SHOULD BE AWARE OF THE LAWS IN THEIR RESPECTIVE LOCATIONS. SOME JURISDICTIONS HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING GUESTS. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF BOOKINGS MAY BE PROHIBITED ENTIRELY. PENALTIES MAY INCLUDE FINES OR OTHER CONSEQUENCES, FOR WHICH BUD AND BREAKFAST DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW. HOSTS SHOULD REVIEW ALL RELEVANT LAWS BEFORE LISTING A SPACE ON THIS WEBSITE.
THE WEBSITE AND ANY RELATED SERVICES ARE A PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR ACCOMODATIONS AND GUESTS MAY LEARN ABOUT AND BOOK ACCOMODATIONS WITH HOSTS. YOU UNDERSTAND THAT BUD AND BREAKFAST IS NOT A PARTY TO ANY AGREEMENT BETWEEN HOSTS AND GUESTS, AND BUD AND BREAKFAST IS NOT A REAL ESTATE BROKER, REAL ESTATE AGENT, OR INSURER. BUD AND BREAKFAST HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS, OR OTHER USERS OF ACCOMODATIONS OR THIS WEBSITE, AND HEREBY DISCLAIMS ALL LIABILITY TO THE MAXIMUM EXTENT ALLOWABLE BY LAW.
License to use website
Unless otherwise stated, Bud and Breakfast and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the Website;
- show any material from the Website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights
- offer, as a Host, any Accommodation that you do not yourself own or have permission to rent as a residential or other property; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
You must not use this Website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not maintain more than one Bud and Breakfast account. You agree to provide accurate, current, and complete information during the account registration process.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Bud and Breakfast’s express written consent. You must not use this Website to transmit or send unsolicited commercial communications. You must not use this Website for any purposes related to marketing without Bud and Breakfast’s express written consent.
Bud and Breakfast has the right to monitor messages between Hosts and Guests and has sole right to “step in” when necessary to arbitrate situations as needed.
Access to certain areas of this Website is restricted. Bud and Breakfast reserves the right to restrict access to other areas of this website, or indeed this entire website, at Bud and Breakfast’s discretion. If Bud and Breakfast provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. Bud and Breakfast may disable your user ID and password in Bud and Breakfast’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Bud and Breakfast a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Bud and Breakfast the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, Bud and Breakfast, or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Bud and Breakfast reserves the right to edit or remove any material submitted to this website, or stored on Bud and Breakfast’s servers, or hosted or published upon this website. Notwithstanding Bud and Breakfast’s rights under these terms and conditions in relation to user content, Bud and Breakfast does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
Hosts acknowledge that all images and pictures posted for their listing are free to be used by Bud and Breakfast for advertising and/or promotional purposes.
Bud and Breakfast is an online marketplace that allows hosts of venues of various kinds (“Hosts”) to make arrangements for accommodations with guests at those venues (“Guests”) (Guests and Hosts are collectively referred to as “Members”). Bud and Breakfast does not operate any properties whatsoever, including, but not limited to, bed and breakfasts, hotels, motels, lodges, or other accommodations, nor is it a provider of such accommodations (collectively, “Accommodations”). Bud and Breakfast has no control over Accommodations rented by Guests. Unless explicitly specified otherwise, Bud and Breakfast’s responsibilities are limited to operating this Website and serving as the payment collection agent for each Host. Bud and Breakfast has no control over the content contained in any Listing or the condition, legality, or suitability of any accommodation or any conduct occurring thereon. Bud and Breakfast is not responsible and disclaims any and all liability related to any and all Listings and Accommodations as well as the conduct of the Hosts and Guests.
Bud and Breakfast does not endorse any Host, Guest, Accommodation or Listing. You understand that images of Accommodations are only intended to provide a photographic representation of the Accommodation and are therefore not a statement by Bud and Breakfast about the quality of the Accommodation and are not an endorsement of the Accommodation by Bud and Breakfast. Any description of an Accommodation is not an endorsement or certification by Bud and Breakfast of any Host or Accommodation, and any description is intended only as information for you to evaluate the suitability of particular Accommodations. Bud and Breakfast strongly encourages you to conduct due diligence with regards to specific Accommodations.
Each listing will specify its own cancellation policy, so as the host, this is determined by you.
- This fee is kept by Bud and Breakfast on top of the listings cancelation policy:
There is a $25 Cancellation fee added when a refund is sent for bookings under $250
There is a $50 Cancellation fee added when a refund is sent for bookings over $250
- There is a $100 Cancellation fee added when a refund is sent for bookings over $1000
Bud and Breakfast allows for extenuating circumstances in short term booking cancellations:
- Death of a family member.
- Severe illness.
- Natural disaster.
- Political unrest in your country.
- Severe weather conditions
- If a hosts accommodation has repeated complaints, it is Bud and Breakfasts discretion to disable that listing and offer guest a full refund
Changes to cancellation policy is determined by the time of the booking. If a Cancellation Policy is changed after a booking has been placed and confirmation sent out, the guest is to be notified via the host to alert them of the changes made. The cancellation policy that was in place at the time of the booking is what will be issued to the guest, unless the guest is notified and agrees to the change in policy. As a courtesy, the guest has a 3 hour window to cancel after booking. If the guest receives no correspondence from the host after repeated attempts to contact, Bud and Breakfast may cancel that booking and offer guest a full refund. Bud and Breakfast will cancel a booking request if the host does not respond to the guests request within 24 hours. If the host misrepresents the accommodation through pictures or via the description, the guest may receive a full refund upon request. If when asked to provide a government issued ID, the host or the guest refuses, Bud and Breakfast may cancel the associated booking or disable a hosts listing/activity. These stipulations supersede all host cancellation policies.
This Website is provided “as is” without any representations or warranties, express or implied. Bud and Breakfast makes no representations or warranties in relation to this Website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Bud and Breakfast does not warrant that:
- this Website will be constantly available, or available at all; or
- the information on this Website is complete, true, accurate or non-misleading. Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Bud and Breakfast will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
- to the extent that the Website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Bud and Breakfast has been expressly advised of the potential loss.
By using this Website, 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 third parties who caused you injury. You agree not to seek any legal remedy from Bud and Breakfast with respect to any errors or omissions by Members or third parties. Accordingly, we encourage you to communicate directly with other Members on the Website regarding any Listings made by you. This limitation shall not apply to any claim by a Host against Bud and Breakfast regarding the processing of payments received from a Guest on behalf of a Host, which shall instead be subject to other limitations of liability contained in these Terms and Conditions.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.
As a user of the Website, you may create an Accommodation listing for visitors (“Listing”). To create a Listing, you will be asked questions about the Accommodation to be listed, including, but not limited to, the location, size, capacity, features, and availability of the Accommodation. You may also be asked to provide an accurate photograph or photographs of the Accommodation. You acknowledge and agree that you are responsible for any and all information you post in your Listing(s). You acknowledge that any Listing you post will be in compliance with all applicable laws and tax requirements. You acknowledge that any Listing you post will not violate any agreements you have entered into with any third parties, including but not limited to those with condominium or homeowners associations, leases, or other rental agreements. You acknowledge that any Listing you post will not conflict with the rights of third parties. Bud and Breakfast reserves the right to remove any Listing for any reason.
Each Host hereby agrees that Bud and Breakfast shall be the Host’s exclusive payment processor for accepting the fees paid by Guests for Accommodations (“Accommodation Fees”). Each host agrees that payment for an Accommodation made by a Guest shall be considered and treated 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 had received the Accommodation Fees itself. Each Host agrees that Bud and Breakfast may permit the Guest to cancel the booking upon reasonable terms, and refund to the Guest applicable Accommodation Fees. Each Host acknowledges that Bud and Breakfast’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payment(s) from the Guests. Bud and Breakfast does not guarantee payments to Hosts for amounts that have not been received by Bud and Breakfast from Guests. Bud and Breakfast assumes no liability for any acts or omissions of the Host.
All Guests acknowledge that Hosts, and not Bud and Breakfast, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Website. Any Guest choosing to enter into a transaction with a Host for the booking of an Accommodation agrees and understands that it will be entering into an agreement with the Host and agrees to accept any terms, conditions, and restrictions associated with such Accommodation imposed by the Host. Each Guest acknowledges that it, and not Bud and Breakfast, will be responsible for performing the obligations of any such agreements, that Bud and Breakfast is not not party to any agreement, and that Bud and Breakfast disclaims all liability arising from or related to any such agreements.
All Members acknowledge that appropriate governmental authorities where the Accommodation is located may require taxes to be collected by Hosts from Guests on the amount paid for the right use or occupy Accommodations. The laws in jurisdictions may vary, but these taxes are generally required to be remitted to the taxing authority by Hosts based on particular amounts collected, and may be charged to Guests. Hosts hereby agree that they are solely responsible for determining their applicable taxes and their tax reporting requirements.
Guests are responsible for leaving the Accommodation in the condition it was in when they arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. You agree to pay the cost of replacing any damaged items at the Accommodation with equivalent items.
Both Guests and Hosts agree to cooperate with Bud and Breakfast in good faith and to provide Bud and Breakfast such information and take such actions as may be reasonably requested by Bud and Breakfast in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation. If you are a Guest, you understand and agree that Bud and Breakfast reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s, or other insurance policy related to any damage or loss that you have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation. You as a Guest agree to cooperate with and assist Bud and Breakfast in good faith, and to provide Bud and Breakfast with such information as may be reasonably requested by Bud and Breakfast in order to make a claim under your relevant insurance policy.
You agree that you will not bring any claim personally against Bud and Breakfast’s officers, employees, or agents in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Bud and Breakfast’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Bud and Breakfast.
You hereby indemnify Bud and Breakfast, its officers, employees and agents (collectively, the “Indemnified Parties”) and undertake to keep the Indemnified Parties indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Indemnified Parties to a third party in settlement of a claim or dispute on the advice of Bud and Breakfast’s legal advisers) incurred or suffered by an Indemnified Party arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Bud and Breakfast’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Bud and Breakfast may take such action as Bud and Breakfast deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Bookings that take place outside of the Bud and Breakfast site are prohibited and automatically remove all liability from Bud and Breakfast. This means using our site to contact host or guest and then booking outside of the Bud and Breakfast website to avoid additional service fees.
Bud and Breakfast may transfer, sub-contract or otherwise deal with Bud and Breakfast’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions without the written consent of Bud and Breakfast.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Bud and Breakfast in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of Colorado, and any disputes relating to these terms and conditions shall be brought exclusively in Colorado District Court in the City and County of Denver, Colorado.
Legal, copyright, and other questions or concerns should be directed to Bud and Breakfast at [email protected]