Last Updated 2nd June 2021
As a consumer you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Ooto Life Payments is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
These Payments Terms of Service (“Payments Terms”) are a binding legal agreement between you and Ooto Life Payments that govern the Payment Services (defined below) conducted through or in connection with the Ooto Life Platform. When these Payments Terms mention “Ooto Payments,” “we,” “us,” or “our,” it refers to Ooto Life Ireland Limited.
Services may include:
Collecting Payments from Guests (“Pay In”);
Effecting payments to Hosts (“Pay Out”);
Effecting payments to a third party pay out method designated by the user.
You must be at least 18 years old to use the Ooto Life Payment Services, must have an account in good standing in accordance with the Ooto Life Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.
If you see an undefined term in these Payment Terms, it has the same definition as in the Terms.
- Your Use
1.1 By using the Payments Services, you agree to comply with these Payment Terms. Ooto Life may temporarily limit or suspend your access to or use of the Payment Services, to carry out maintenance measures that ensure the proper functioning of the Payment Services.
1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”).
1.3 Verification. You authorize Ooto Life Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity.
1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions.
- Host Terms
Ooto Life Payments generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise. You must have a valid Pay Out Method linked to your Ooto Life account in our to receive payments.
2.1 Timing: Ooto Life Payments will generally initiate Pay Outs to your selected Pay Out Method: (i) for Accommodations, 24 hours after the Guest’s scheduled check-in time.
Ooto Life Payments may offer you a different Pay Out time or trigger for payment, which may be subject to additional terms and conditions. The time it takes to receive Pay Outs once released by Ooto Life Payments may depend upon the Pay Out Method you select.
2.2 Pay Out: for a booking will be the Total Price less applicable fees like Ooto Life service fees and applicable taxes. In the event of cancellation of a confirmed booking, Ooto Life Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
2.3 Pay Out Restrictions. Ooto Life Payments may temporarily place a hold, or cancel any Pay Out for purposes of preventing unlawful activity or fraud. Furthermore, Ooto Life Payments may temporarily place a hold on, suspend, or delay initiating or processing any Pay Out due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
2.4 Currency Conversion. Ooto Life Payments will remit your Pay Outs in the currency you select via the Ooto Life Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Pay Out Method, your country of residence, and/or your Ooto Life contracting entity(ies). Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Pay Out Method you select, and Ooto Life Payments is not responsible for any such fees and disclaims all liability in this regard.
2.5 Limits on Pay Outs. For compliance or operational reasons, Ooto Life Payments may limit the amount of a Pay Out. If you are due an amount above that limit, Ooto Life Payments may make a series of Pay Outs (potentially over multiple days) in order to provide your full, Pay Out amount.
2.6 Payment Service Providers. Pay Out Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing Pay Outs in connection with the Payment Services (including deducting charges from the Pay Out amount), and Ooto Life Payments is not responsible for any such fees and disclaims all liability in this regard.
2.7 Your Pay Out Method, Your Responsibility. Ooto Life Payments is not responsible for any loss suffered by you as a result of incorrect Pay Out Method information provided by you.
- Guest Terms
3.1 When you add a Payment Method to your Ooto Life account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Ooto Life Payments or its third-party payment processor(s).
3.2 Payment Method Verification. When you add or use a new Payment Method, Ooto Life may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we may automatically save and add that Payment Method to your account so it can be used for a future transaction.
3.3 Payment Authorization. You allow Ooto Life to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your account.
3.5 Timing of Payment. Ooto Life Payments generally charge the Total Price due after the Host accepts your booking request.
3.6 Currency. Ooto Life Payments will process each transaction in the currency you select via the Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence and/or your Ooto Life Payments contracting entity(ies). Any such limitations will be communicated via the Platform, and you will be prompted to select a different currency or Payment Method. Ooto Life Payments is not responsible for any resultant fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
3.7 Booking Request Status. If a requested booking is declined either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by Ooto Life Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
3.8 Payment Restrictions. Ooto LIfe Payments reserves the right to decline or limit payments that we believe (i) may violate the risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Ooto Life, or others to risks unacceptable to Ooto Life Payments.
3.9 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers.
3.10 Your Payment Method, Your Responsibility. Ooto Life Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
- Appointment of Ooto Life Payments as Collection Agent
4.1 Each Host, including each Host Team member, hereby appoints Ooto Life Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
4.2 Each Host, including each Host Team member, agrees that payment made by a Guest through Ooto Life Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that Ooto Life Payments may refund the Guest in accordance with the Terms. Each Host understands that Ooto Life Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. Ooto Life Payments guarantees payments to Host(s) only for such amounts that have been successfully received by Ooto Life Payments from Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, Ooto Life Payments assumes no liability for any acts or omissions of the Host.
4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that Ooto Life Payments is not a party to the agreement between you and the Host(s), including each Host Team member, Ooto Life Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to Ooto Life Payments, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and Ooto Life Payments is responsible for remitting the funds successfully received by Ooto Life Payments to the Host(s) in the manner described in these Payments Terms. In the event that Ooto Life Payments does not remit any such amounts, the Host(s) will have recourse only against Ooto Life Payments and not the Guest directly.
- General Terms
Ooto Life Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Ooto Life Platform.
You authorize Ooto Life to collect from you amounts due pursuant to these Payment Terms and/or the Terms by charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize, or (ii) by withholding the amount from your future Payout.
Ooto Life Collect: Amounts due as a result of Bookings, alternations, cancellations, reimbursement, deposits, taxes (where applicable), resolution amounts, penalties, service / cancellation fees.
5.1 Collections Where Ooto Life is unable to collect any amounts you owe under these payment terms, Ooto Life may engage in collection efforts to recover such amounts from you. Amounts will be deemed overdue after 100 days have elapsed after Ooto Life first attempts to charge your payment method. Overdue amounts will be in default where 365 days have elapsed.
You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Ooto Life by you. Such communications may be made by Ooto Life Payments or by anyone on their behalf, including but not limited to a third-party collection agent.
5.2 Payment Processing Errors
Ooto Life will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount.
Any refunds or credits due to a Member pursuant to the Terms, will be initiated and remitted by Ooto Life Payments in accordance with these Payments Terms.
- Damage Claims and Security Deposits
If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) Ooto Life that you are responsible for damaging any real or personal property at a Listing pursuant to the Terms, you authorize Ooto Life Payments to charge the Payment Method used to make the booking in order to collect any security deposit associated with the Listing, as well as any fees, costs and/or expenses associated with the Damage Claim.
- Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services.
- Force Majeure
Ooto Life Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Ooto Life or Ooto Life Payments, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
10.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied
- Modification, Term, Termination, and Other.
Modification. Ooto Life Payments may modify these Payments Terms at any time. If we make material changes to these Payments Terms, we will post the revised Payments Terms on the Ooto Life Platform and update the “Last Updated” date at the top of these Payments Terms.
10.2 Term. This agreement between you and Ooto Life Payments reflected by these Payments Terms is effective when you create an Ooto Life account or use the Payment Services and remains in effect until either you or we terminate this agreement.
10.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Ooto Life account. Terminating this agreement will also serve as notice to cancel your Ooto Life account pursuant to the Terms. Without limiting our rights specified below, Ooto Life Payments may terminate this agreement for convenience at any time by giving you two (2) months’ prior notice. Ooto Life Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Ooto Life Payments believes in good faith that such action is reasonably necessary to protect other Members, Ooto Life, Ooto Life Payments, or third parties.
10.4 Suspension and Other Measures. Ooto Life Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Ooto Life Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Ooto Life, its Members, Ooto Life Payments, or third parties, or to prevent fraud or other illegal activity.