Last Updated: 10 January, 2022 NEW YORK SHARED SPACE
Thank you for using NYsharedspace.com!
By booking through NYsharedspace.com, you agree to act in accordance with these Terms of Use. NYsharedspace.com is a coliving accommodation service provided by New York Shared Space, Inc. This Agreement defines the terms and conditions (the “Terms” or the “Agreement”) for Renters when booking NEW YORK SHARED SPACE properties offered through NYsharedspace.com and third-party websites (“Sales Channels”). By making a booking, you (“Renter”) are agreeing with the Terms of the owner or the property manager of the offered property (“Host”). NYsharedspace.com acts as an intermediary between you and the Host and shall be only liable as such. Where reference in these booking conditions is made to NYsharedspace.com taking action, that action is taken on behalf of the Host. A booking shall always be subject to these Terms, which, together with the Booking Details, form an agreement between you and the Host. Any amendments to these Terms shall only be valid if they are made in writing and provided on/before check-in. If you choose to order or buy additional services or products from the Host, or should you be provided with any other services or products not included in these Terms, such as transfers from the airport, trips or excursions, or similar, these additional services or products will represent a separate agreement between you and the Host of the NEW YORK SHARED SPACE property or the facilitator of the service/product.
# 1. Rental.
1.1 Move-in. The Booking Details contains information regarding travel directions, contact details of the Host, and the time at which the New York Shared Space property is ready for check-in. The key/code will only be provided if the full rent has been paid in accordance with the booking conditions and upon presentation of the Booking Details and a valid Government ID.
1.2 Room type. You acknowledge that you are booking a room/bed by type, not a specific unit. Following the booking, the Host will place you in a specific unit based on information gathered in the booking process. Once in residence, they reserve the right to reassign you to a different unit should they deem it necessary or appropriate, solely at their discretion.
# 2. Renters.
2.1 Age of Renter(s). When booking a New York Shared Space property, the Renter making the booking, and staying, must be at least 18 years old, and you warrant that you are at least 18 years old. The Host shall be entitled to reject a Renter if the Age limit is not met. Be aware that the Host may also demand a higher Age limit than 18.
2.2 Number of Renters. At any time, the booked room/bed may not be occupied by more than the maximum number of renters stated on the Booking Details or what has been agreed to directly with the Host. If you have paid for additional renters, then the maximum renters is the maximum renters plus paid for extra renters. If the booked room/bed is occupied by more than the maximum number of renters allowed. The Host shall be entitled to request the additional people to vacate the New York Shared Space property without notice. If the Renter does not comply with this request within 12 hours. The Host shall be entitled to terminate the rental agreement with immediate effect and oblige all occupants to vacate the room/bed without further notice and with no refund.
# 3. Bookings and Payments.
The first month’s rent and a security deposit (if required by the Host) are collectively called the Initial Fees, and are payable by the Renter when the booking is Accepted.
3.1 Instant Bookings. When your payment is accepted for a room or bed, the booking shall be immediately “confirmed” and binding.
3.2 Request Bookings. Some New York Shared Space properties are available on Request Booking, where it will be stated that “the Host requests 48 hours to confirm your booking”. In such a case, your payment card will be authorized for the Initial Fees for a period of up to 48 hours. If the Host accepts your booking request, your card will be charged, and the booking shall thereafter be “confirmed” and binding. If the Host declines your booking request, the payment authorization on your card will be immediately cancelled. Depending upon your bank, this payment authorization may be removed from your account immediately, or it may take up to 7 days.
3.3 Payment Installments. Depending upon the payment policy of the Host, the payment policy of the website where you made your booking, and the number of days before move-in, you may be required to pay the Initial Fees to confirm your booking, or you may be offered to pay in two installments. When making payment by installments, your card or bank will be charged the first installment upon booking. The second installment needs to be paid or automatically charged from your primary payment method 7 days before your move-in date. The due date for your second installment is determined by the Host’s payment policy and communicated to you when you booked. If we can not charge your card after repeated attempts, your booking will be cancelled, and your deposit forfeited according to the cancellation policy applied to your booking. NYsharedspace.com or the website where you made your booking will securely store your card details at the time of booking to charge the second installment. NYsharedspace.com uses a world-class payment processor to store your card details securely.
3.4 Booking Details. When your booking is confirmed by the Host, either by way of Instant Booking or by the Host’s acceptance of your Request Booking, NYsharedspace.com will send to you by email a unique confirmation page for your booking (“Booking Details”). This confirmation page contains important information such as your Booking reference number, contact details for the Host, the exact address of the property, travel directions, and optional extras and services you may order from the Host.
3.5 Rental Rates, Taxes, and Currency. Unless otherwise stated, all prices are in USD (US Dollars), and payments for bookings will be made in USD (US Dollars). Some third-party websites and sales channels may convert the price into your local currency. However, when NYsharedspace.com processes the payment, it will be charged to your card in USD (US Dollars). The rate charged includes all sales taxes and VAT. However, some localities require the Host to collect other taxes, shown when you make your booking and on your Booking Details. Should you be required to pay the Host upon check-in for other taxes or optional services you have ordered, you might be required to pay for them in the local currency.
3.6 Payments for optional services. It may be possible to order optional services from the Host from the Booking Details page. If you place an order for optional services, e.g., a bicycle, airport transfers, or dedicated office space, directly with the Host and beyond the agreement which has been entered into with NYsharedspace.com as the intermediary, you may be charged an additional amount which should be settled directly with the Host. While NYsharedspace.com provides a facility for you to order optional services from the Host, we are not a party to any agreement for these optional services.
3.7 Consumptions. If you are asked to pay for consumption while staying at the property, you should report a problem according to Section 6 below. Hosts must state in their listings if such charges are additional, either optional or mandatory.
3.8 Month-to-month stays. This Agreement is automatically renewed on a month-to-month basis until cancelled by any of the Parties with 30 days notice, with no reason needed, unless agreed differently in the Booking Details. Monthly rent payment is due 5 days before the beginning of each rental period. If the next month’s rent is not paid at least 3 days before the beginning of the next rental period, you will automatically lose the right to continue your stay. We will issue a 3-day notice to “pay or quit” (pay or move-out). You will be subject to legal eviction proceedings and will continue to be responsible for payment plus any potential fees you may owe.
If you are asked to leave the property because of non-payment your security deposit may be withheld to compensate for lost income.
# 4. Cancellations.
4.1 Cancellation Terms. The Cancellation Terms, including your entitlement to a refund when canceling your booking, form part of these Terms and Conditions. The Cancellation Terms are provided on the Booking Details page.
4.2 Cancelling your booking. You can only make cancellations from the Booking Details page. You must click the Cancel Stay button and successfully submit the requested information on the cancel booking form. Your cancellation shall only apply from the time at which this is successfully submitted. The cancellation terms determine your right to a refund when canceling your booking. If any, the refund amount you are entitled to may be based upon submitting your cancellation at least a certain number of days before check-in. The check-in time is taken to be the earliest check-in time as specified on Booking Details regardless of whether you have agreed another check-in time with the Host, and the check-in timezone is the timezone of the Property and not the time zone in which you reside. If you are entitled to receive a full or partial refund, NYsharedspace.com will send your refund to the same payment method you used to pay for your booking. Refunds are processed within 72 hours of cancellation and may take 1-2 weekdays to reach your account.
# 4.3 Cancellation by Host. If the Host cancels your Booking, you will receive a full refund or a similar or better accommodation at Hosts’s discretion. Refunds are processed within 72 hours of cancellation and may take 1-2 weekdays to reach your account.
4.4 Immediate termination. These are actions that may result in immediate termination of this Agreement.
They may include, but are not limited to, the following:
Conduct that threatens the safety of other renters, staff, or community members;
Possession of, or threatened use of a weapon;
Climbing the roof or walls of any building or trees;
Causing reasonable apprehension of harm to any person in the community;
Violations of the Fire Safety Policy, including:
Interfering with, misusing, tampering with or damaging fire safety equipment;
Smoking inside of any building, including balconies. All smoking on the property should be in the designated smoking area only;
Unauthorized burning of any material on the property, including but not limited to incense and candles;
Disregarding a fire alarm signal or refusing to evacuate a building;
Recklessly or intentionally activating an alarm when an emergency situation does not exist;
Interfering with, misusing, tampering with or damaging, any electronic device;
Blocking an egress path or window;
Leaving food unattended in or on the stove;
Any discriminatory harassment or sexual misconduct;
Theft of or destruction of premises or other community members' property;
Sex, nudity, voyeurism or lewd behavior on property or at events;
Watching pornographic material in Communal Areas;
Discriminatory or marginalizing language or behavior;
Illegal drug possession or use on property or at events;
Committing any felony during your stay;
Tampering with CCTV or security devices;
4.5 Refunds. A refund will not be given in other circumstances which include, but are not limited to:
accommodation that is not according to taste;
accommodation that is not in line with religious ideology (including living with people from another gender);
accommodation that turns out to be in a less safe neighborhood;
accommodation that has noise complaints;
accommodation that is not suitable to the Renter because of medical reasons;
accommodation that has a minor malfunction that could not have been known in advance;
the Renter is hindered in coming to the accommodation because of a change of plans, travel delays, illness or having made a double-booking;
the Renter has not followed check-in instructions or does not show up by any reason;
the Renter fails to report the issue within the first 24 hours after the move-in date registered on the platform;
The Renter must inform NYsharedspace.com and the Host within 24 hours after the start of their stay. The Renter must substantiate his claim and provide visual proof (pictures, videos). If NYsharedspace.com finds, at its own discretion, the Renter claim to be convincing, it will refund the rent and the fees charged by NYsharedspace.com to the Renter. If the Renter does not inform NYsharedspace.com about any problems within 24 hours from the start of the stay, the Renter is expected to have agreed with the room as it is. NYsharedspace.com will then transfer the payment of the rent to the Host.
# 5. During Stay.
5.1 Pets, smoking and allergies. In most NYsharedspace.com properties, pets are not allowed. However, neither the Host nor NYsharedspace.com can guarantee that there have not been any pets in the house on prior occasions or that the Host does not have pets on or nearby the property. Neither the Host nor NYsharedspace.com assumes any responsibility for the Renter’s allergic reactions in any urban shared space properties. If the Renter brings a pet to a property where pets are not permitted or where the Host’s permission to do so has not been received. The Host shall be entitled to terminate the rental agreement with immediate effect and the Renter shall immediately vacate the property without further notice and with no refund. The Renter is liable for any damage caused by pets under the existing damage agreement detailed in Section 8 below and/or any superseding agreements specific to pets that may have been made at the time of booking. In most New York Shared Space properties, smoking is not allowed. Additional charges will be incurred if it is found that the Renter has violated our non-smoking policy without prior permission. Renters acknowledge that the cost to clean up smoking residue may range from $100 to $5,000.
5.2 Noise. Occasionally Renters may experience unexpected noise from construction sites, traffic, etc. Neither the Host nor NYsharedspace.com can be held accountable for unexpected noise. Multiple people occupy the New York Shared Space property, and a higher-than-normal tolerance for noise must be applied by all Renters, especially during weekends.
5.3 Swimming pools. For safety reasons, the Renter shall follow any instructions from the Host relating to the use of a swimming pool if the New York Shared Space property includes one. The Renter shall be ultimately responsible for any use of the swimming pool.
5.4 Hazardous items. The Renter shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.
5.5 Maintenance. The Host may enter the Premises at reasonable times to make necessary repairs or changes required to make or to supply the utilities or services they have agreed to supply. They may also enter the Premises to show the Premises to potential or actual Renters, workers, or contractors.
# 6 Reporting a Problem.
6.1 Report a problem. If the property is substantially different than advertised, you can “Report a Problem” within 24 hours of check-in. The check-in time is taken to be the earliest check-in time as specified on Booking Details regardless of whether you have agreed to another check-in time with the Host, and the check-in timezone is the timezone of the Property. Reporting a problem can only be made by you from the Booking Details page, where you must click the Report a Problem button and successfully submit the requested information on the Report a Problem form.
6.2 Resolving your problem. Once you have Reported a Problem, NYsharedspace.com will ensure that the Host is immediately notified and will not process any pending payments to the Host until such time that the problem has been resolved. In case of a problem, you shall grant the Host a reasonable time limit to remedy the problem or repair any defect or damage. If you cannot find a suitable resolution directly with the Host, NYsharedspace.com may choose to mediate a solution. The problem is considered resolved when you click the “Problem solved” button from the Booking Details page or tell NYsharedspace.com that the problem is solved by email.
# 7. Final cleaning.
7.1 Provided by Host. The Host shall provide the final cleaning. Some Hosts demand an Extra Fee to cover a deep clean and prepare the next Renter's room. This shall be informed during your booking. You are expected to leave your room or bed tidy, your dishes washed and put away, and trash placed in the external bins provided. If in doubt, refer to the house rules if provided or ask the Host.
# 8. Damage and Security Deposits.
8.1 Your responsibility. You shall responsibly treat the accommodation and must return it in the same condition as it was received.
8.2 Your liability. You are liable to the Host for any damage to the New York Shared Space property and/or its inventory/furniture/appliances or facilities committed during the rental period. Damage to the New York Shared Space property and/or its inventory made during the rental period must immediately be reported to the Host. You shall not make any changes in the Premises or change the appearance of any walls, floors, carpeting, windows, doors, appliances, or fixtures within your room or common areas.
8.3 Host claim. Any claim by the Host regarding damage made during the rental period, whether the Renter has reported such damage or whether it has been otherwise ascertained, can be made up to 24 hours after the latest check-out time. The check-out time is taken to be the latest check-out time as specified on Booking Details regardless of whether you have agreed to another check-out time with the Host. The check-out timezone is the timezone of the Property.
8.4 Security deposits. As part of these Booking Terms, the Host may request you to agree to a Security Deposit at the booking time. This will be clearly stated on the Booking Details page. If the Host reports to NYsharedspace.com damages or missing inventory/furniture/appliances within 24 hours of check-out and provides evidence. You agree that NYsharedspace.com may charge your security deposit account or payment card an amount up to the maximum amount of the Security Deposit. If NYsharedspace.com cannot charge your payment card, you agree to make payment via other means within seven days. If the Host has made no claim, your Security Deposit will be paid back to the payment method it was paid from, or other ways agreed, within 7 work days.
# 9. NYsharedspace.com as the intermediary.
NYsharedspace.com is the intermediary for the renting of New York Shared Space properties and is not the owner of these. All contractual and legal responsibilities and obligations shall, therefore, rest with the Host alone. NYsharedspace.com shall safeguard the Host’s interests in connection with the completion of the booking. If contrary to NYsharedspace.com’ expectations, a booking cannot be completed due to reasons beyond NYsharedspace.com’ control, e.g., due to sale by order of the court or due to the Host’s breach of contract or similar, NYsharedspace.com shall be entitled to cancel the booking, and the rent which you have already paid shall be refunded immediately. However, as an alternative and at NYsharedspace.com’s discretion, can offer you another, similar room in another New York Shared Space property. NYsharedspace.com is not involved in or responsible for transferring funds between the Host and the Renter.
# 10. Extraordinary events.
10.1 Force majeure. If the rental completion is made impossible or difficult to a significant degree due to events/ force majeure. In case of war, natural disasters, pollution disasters, drought, other extraordinary weather conditions, epidemics, the closing of borders, traffic conditions, the interruption of currency trading, strikes, lockouts, and similar force majeure which were not foreseeable at the time when the rental agreement was entered into, NYsharedspace.com and the Host shall be entitled to cancel the rental agreement as neither the Host nor NYsharedspace.com can be held liable in the above cases.
10.2 Other extraordinary events. Neither the Host nor NYsharedspace.com can be held liable for cases of insect attacks in the New York Shared Space property or on the property, nor for theft, damage to, or similar circumstances relating to the Renter’s property.
# 11. Processing of personal data.
NYsharedspace.com may collect and process personal information about you necessary for a contract’s performance between you and NYsharedspace.com. NYsharedspace.com will not process additional personal information without your prior consent, unless you have broken any laws and that your info is evidence in a case against you. You have a right to request access to and rectification of personal information about you. You also have the right to object to our processing of personal information about you, and you have a right to complain to a supervisory authority. You can read more about the personal information NYsharedspace.com processes and the measures are taken to protect your personal information in our “ Privacy and Cookie Policy”. Please note that third-party websites may also collect and process personal information about you and your behavior on their website. Your access to and use of third-party websites is solely subject to such sites’ given privacy policies.
# 12. Miscellaneous.
If any discrepancy between these Terms and any other written agreement made between the Renter and NYsharedspace.com, these Terms shall prevail. If there is any discrepancy between the English and any translated version of these Terms (due to translation or mistakes etc.), the English version will prevail. NYsharedspace.com has communicated all information, including photos, descriptions, and facilities in the product feed available to Sales Channels as accurately as possible. NYsharedspace.com is not liable for any errors by Sales Channels in displaying this information on their websites. As New York Shared Space properties may be privately owned, changes might occur in the information given. NYsharedspace.com shall not be responsible for such changes. We recommend you thoroughly read the information and details of the Booking Details page as they form part of these Terms for Renters.
# 13. Jurisdiction.
This Agreement shall be governed, construed, and interpreted by, through, and under the Laws of the State of New York, US.
Contacting us
For answers to your questions contact support@NYsharedspace.com