Splacer Cancellation Policy

LAST UPDATED March 17th, 2020

 

FOR CANCELLATION BY EVENT ORGANIZER

 

Event Organizer may cancel its booking in accordance with the following terms, according to the cancellation policy chosen by the Space Provider.

  1. Guest Service Fee: Splacer charges Event Organizers a service fee for each transaction, in addition to any Space Provider service fee that Splacer may take from payments made for bookings. Please note that all bookings are subject to Splacer's Book Without Worry policy which provides a full refund for bookings cancelled within 24 hours of booking confirmation when booking is confirmed at least 72 hours prior to the originally scheduled event check-in.

  2. How to provide notification of cancellation: You must submit all cancellations through the Splacer platform. Your cancellation of a booked event is not effective unless and until you have requested the cancellation through your Splacer account.

  3. Cancellation Policy: Splacer allows Space Provider to choose among three cancellation policies (each, a “Space Provider Cancellation Policy”):

    1. Flexible: Cancellations may be made by Event Organizer up to 2 business days prior to the Event Date. Space Provider shall refund the entire Usage Fee if cancellation is made by Event Organizer during the foregoing period, except for Splacer service fees, which are non-refundable; or

    2. Moderate: Cancellations may be made by Event Organizer up to 5 calendar days prior to the Event Date. Space Provider shall refund the entire Usage Fee if cancellation is made by Event Organizer during the foregoing period, except for Splacer service fees, which are non-refundable; or

    3. Strict With Grace Period: Cancellations may be made by Event Organizer up to 1 week prior to the Event Date. Space Provider shall refund the 50% of the Usage Fee if cancellation is made by Event Organizer during the foregoing period, except for Splacer service fees, which are non-refundable;

  4. EVENT ORGANIZER WILL NOT BE ENTITLED TO ANY REFUND IN RESPECT OF CANCELLATIONS MADE NOT IN ACCORDANCE WITH THE CHOSEN SPACE PROVIDER CANCELLATION POLICY.

 

FOR CANCELLATION BY SPACE PROVIDER

 

Space Provider may cancel a booking of its Space for an Event in accordance with the following terms:

  1. Service fee: Splacer charges the Event Organizer a service fee for processing transaction, in addition to any service fee Splacer may take from payments made for bookings. The Splacer service fee is non-refundable.

  2. How to provide notification of cancellation: You must submit all cancellations through the Splacer platform. Your cancellation of a booked Event is not effective unless and until you have requested the cancellation through your Splacer account.

  3. Cancellation Fee: Space Provider who cancels a booking less than 30 days prior to the Event Date will be charged a $100 cancellation fee in addition to the amount of the service fee paid by the Event Organizer (which Splacer may refund to the Event Organizer in its discretion). Space Provider can only cancel any Event or booking once in any six month period. We will automatically deduct any applicable cancellation fee or service fee for which you are responsible, from the next payout.

  4. Unavailable/Blocked calendar: Your calendar will stay blocked for the cancelled Event Date and you will not be able to accept another booking for the same dates of the canceled booking.

 

EXCUSED CANCELLATIONS

 

Splacer may allow a Space Provider or an Event Organizer to cancel a Booking due to extenuating circumstances and with short notice (an “Excused Cancellation”).

In order to qualify a cancellation as an Excused Cancellation, the Space Provider or Event Organizer must submit the cancellation through its account on the Splacer platform, and, thereafter, email Splacer at info@splacer.co to request that the cancellation be considered for Excused Cancellation. Splacer will evaluate the request and determine, in its sole judgment and discretion, whether or not the cancellation qualifies as an Excused Cancellation. In doing so, Splacer may require the Event Organizer or Space Provider to provide evidence to support the Excused Cancellation.

If Splacer approves the Excused Cancellation, Fees will be refunded in full to the Event Organizer and no payout will be sent to the Space Provider; provided, however, that Splacer reserves the right to retain the service fee.

The following circumstances may be considered grounds for an Excused Cancellation, subject to Splacer’s sole and exclusive discretion (the following list is non-exhaustive):

  • Unexpected death or serious illness of a Space Provider, Event Organizer, or immediate family member of either;

  • Serious injury that directly restricts a Event Organizer’s ability to travel or a Space Provider’s ability to provide the Booked Space;

  • A trigger of a state of emergency declared by an applicable governmental agency that directly impact use of a Space or the Event Organizer’s ability to travel to the Space;

  • Urgent travel restrictions or severe security advisories issued after the time of Booking, by an appropriate government office or agency;

  • Severe property damage or unforeseen maintenance issues that directly impact the safe use of the Space;

  • Legal, municipality, or utility injunction or order that directly restricts use of or access to a Space; or

  • Outbreak of war or other acts of government.

 

SPLACER-INITIATED CANCELLATIONS

 

Splacer may decide, in its sole discretion, that it is necessary or appropriate to cancel a Booking. Splacer may cancel a Booking at any time prior to the Event start time. Except for cancellations due to Event Organizer malfeasance, as described below, when Splacer initiates a cancellation, all Fees will be refunded in full to the Event Organizer and no payout will be sent to the Space Provider; provided, however, that Splacer reserves the right to retain the service fee. In the event Splacer initiates a cancellation due to Event Organizer malfeasance, a refund will be issued in accordance with the applicable Space Provider Cancellation Policy then in effect.

Neither Splacer nor any of the parties to the cancelled Booking shall have any liability or obligation for any such Splacer-initiated cancellations. The following are circumstances in which Splacer my initiate a cancellation:

  • If Splacer determines, in its sole, reasonable discretion, that Event Organizer’s conduct or the Event itself may be in violation of applicable law, may pose a safety risk or risk of property damage, or may otherwise violate any of Splacer’s terms and conditions, Splacer may initiate a cancellation due to Event Organizer malfeasance;

  • An Excused Cancellation;

  • The removal of a Space Provider or Space from the Platform prior to the Start Time;

  • Any actual or potential illegal or unauthorized activity;

  • Risk of harm or safety concerns;

  • Failure to provide proof of insurance, including event or film production insurance, when requested by Splacer;

  • Any other reason.

 

DISPUTE RESOLUTION

 

Any dispute, controversy or claim arising out of or relating to this cancellation policy, including the formation, interpretation, breach, modification, or termination hereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of one arbitrator. The place of arbitration will be the city of New York. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

This policy will govern all bookings confirmed after the March 17th, 2020, 12:00am EST.
For all bookings confirmed before March 17th, 2020, 12:00am EST please view "Cancellation Policy For Bookings Confirmed Before 17th of March, 2020, 12:00am EST”.

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