These terms and conditions govern LDS Stays policy for Guest refunds (“Guest Refund Policy”) and the obligations of the Host associated with the Guest Refund Policy. The Guest Refund Policy applies in addition to  LDS Stays Terms & Conditions (“LDS Stays Terms”). The Guest Refund Policy is available to Guests who book and pay for an Accommodation through the LDS Stays Services and suffer a Trip Issue (as defined below). The Guest’s rights under this Guest Refund Policy will supersede the Host’s cancellation policy.

All capitalized terms shall have the meaning set forth in the  LDS Stays Terms  unless otherwise defined in this Guest Refund Policy.

By using the LDS Stays Services as a Host or Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.

1. Trip Issue

A “Trip Issue” means any one of the following:

(a) the Host of the Accommodation (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 Accommodation (i.e. does not provide the check-in information, keys and/or a security code).

(b) The Listing’s description or depiction of the Accommodation is materially inaccurate with respect to:

• the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),
• whether the booking for the Accommodation is for an entire home, private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the booking,
• special amenities or features represented in the Listing are not provided or do not function, such as decks, pools, hot tubs, bathrooms (i.e. toilet, shower, bathtub), kitchen (i.e. sink, stove, refrigerator or major other appliances), and electrical, heating or air condition systems, or
• The physical location of the Accommodation (proximity).

(c) at the start of the Guest’s booking, the Accommodation: (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 Accommodation in LDS Stays judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed in the Listing.

2. The Guest Refund Policy

If you are a Guest and suffer a Trip Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the LDS Stays Services (“Total Fees”) depending on the nature of the Trip Issue suffered, or (ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your booking which is reasonably comparable to the Accommodation described in your original booking in terms of size, rooms, features and quality. All determinations of LDS Stays with respect to the Guest Refund Policy, including without limitation the size of any refund and the comparability of alternate Accommodations, shall be in LDS Stays discretion, and final and binding on the Guests and Hosts.

3. Conditions to Claim a Trip Issue

To submit a valid claim for a Trip 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 Accommodation;

(b) you must bring the Trip Issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Trip Issue within 24 hours after the later of (i) the start of your booking or (ii) you discover the existence of the Trip Issue , and must respond to any requests by us for additional information or cooperation on the Trip Issue;

(c) You must not have directly or indirectly caused the Trip Issue (through your action, omission or negligence); and

(d) Unless LDS Stays advises you that the Trip Issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the Trip Issue with the Host prior to making a claim for a Trip Issue.

4. Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest

4.1 If you are a Host, you are responsible for ensuring that the Accommodations you list on the LDS Stays Services meet minimum quality standards regarding access, adequacy of the Listing description, safety, cleanliness, and do not present a Guest with Trip Issues. During a Guest’s stay at an Accommodation, 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) LDS Stays determines that a Guest has suffered a Trip Issue related to an Accommodation listed by you and (ii) LDS Stays either reimburses that Guest (up to their Total Fees) or provides an alternative Accommodation to the Guest, you agree to reimburse LDS Stays up to the amount paid by LDS Stays within 30 days of LDS Stays request. If the Guest is relocated to an alternative Accommodation, you also agree to reimburse LDS Stays for reasonable additional costs incurred to relocate the Guest. You authorize LDS Stays Payments to collect any amounts owed to LDS Stays by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.

4.3 As a Host, you understand that the rights of Guests under this Guest Refund Policy will supersede your selected cancellation policy. If you dispute the Trip 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 Trip Issue, provided you must have used reasonable and good faith efforts to try to remedy the Trip Issue with the Guest prior to disputing the Trip Issue claim.

5. General Provisions

5.1 No Assignment/No Insurance. This Guest 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 Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.

5.2 Modification or Termination. LDS Stays reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion. If LDS Stays modifies this Guest Refund Policy, we will post the modification on the LDS Stays Platform or provide you with notice of the modification and LDS Stays will continue to process all claims for Trip Issues made prior to the effective date of the modification.

6. Contacting LDS Stays.If you have any questions about the Guest Refund Policy, please email our team.