Reservation Owner Refund Policy Terms

 

These terms and conditions govern the Nufoodi Reservation Owner Refund Policy (the “RORP ”) available to Reservation Owners who book and pay for an Event Reservation listed by a Host through the Nufoodi platform or application (the "Site") and suffer an Event, Product, or Dining Issue and the obligations of the Host associated with the “RORP”.

1. Event, Product, or Dining Issue.

An “Event, Product, or Dining Issue” means any one of the following:
(a) the description of the Event, Product, or Meal in the listing on the Site is materially inaccurate with respect to:
(i) the size of the Event, Product, or Meal (for example, number and size of the Courses or Products),
(ii) whether the reservation for the Event, Product, or Meal is for an in-home Event, Product, or Dining experience and whether the correct number of other Reservation Owners, including the Host, is dining or consuming the Event, Product, or Meal during the reservation,
(iii) special food accommodations or features represented in the listing description are not provided such as gluten-free, vegetarian-friendly, peanut or nut free, or
(iv) the physical location of the Event, Product, or Meal (proximity).
(b) at the start of the Reservation Owner’s reservation, the Event, Product, or Meal: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably be expected to adversely affect the Reservation Owner’s enjoyment of the Event, Product, or Meal in Nufoodi’s judgment, (iii) does not provide clean utensils or dishes available for the Reservation Owner’s use, or (iv) has vermin or contains pets not disclosed on the Event or Product Listing (all complaints must be documented with geo-located, timestamped images).
(c) the Host of the Event, Product, or Meal (i) cancels an Event Reservation  shortly before the scheduled start of the reservation, or (ii) fails to provide the Reservation Owner with the reasonable ability to access the Event, Product, or Meal (for example, by providing access pass building security and/or elevator access).

2. The Reservation Owner Refund Policy.

If you are a Reservation Owner and suffer an Event, Product, or Dining Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site (Less Processing Fees), as determined by Nufoodi in our discretion, depending on the nature of the Event, Product, or Dining Issue suffered or (ii) use our reasonable efforts to compute and credit you the value to be used towards another Nufoodi Event, Product, or Meal for your dining pleasure.  It is the Reservation Owner’s responsibility to schedule another reservation which in our determination is reasonably comparable to the Event, Product, or Meal described in your original reservation. All determinations of Nufoodi with respect to the “RORP”, including without limitation the size of any credit, shall be final and binding on the Reservation Owners and Hosts.

3. Conditions to Claim an Event, Product, or Dining Issue.

Only a Reservation Owner may submit a claim for an Event, Product, or Dining Issue. If you are a Reservation Owner, in order to submit a valid claim for an Event, Product, or Dining Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:
(a) you must have used reasonable efforts to try to remedy the circumstances of the Event, Product, or Dining Issue with the Host prior to making a claim for an Event, Product, or Dining Issue.
(b) you must bring the Event, Product, or Dining Issue to our attention in writing (http://www.nufoodi.com/contact) or via telephone and provide us with information (including geo-located timestamped photographs or other evidence) about the Event, Product, or Meal and the circumstances of the Event, Product, or Dining Issue within 24 hours after your reservation start-time, and must respond to any requests by us for additional information or cooperation on the Event, Product, or Dining Issue.
(c) you must not have directly or indirectly caused the Event, Product, or Dining Issue (through your action, omission or negligence).

4. Minimum Quality Standards, Host Responsibilities and Reimbursement to Reservation Owner.

If you are a Host, you are responsible for ensuring the Events, Products, or Meals you list on the Site meet minimum quality standards regarding quality, adequacy of the description on the Site, safety, cleanliness, and do not present a Reservation Owner with Event, Product, or Dining Issues. During the 24-hour period following the Reservation Owner’s reservation event, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve Reservation Owner issues.  All funds transfers due to Host from the Reservation Owner will be put on hold and held by Nufoodi until the matter is resolved between the Host and Reservation Owner.
If you are a Host, and if (a) Nufoodi determines that a Reservation Owner has suffered an Event, Product, or Dining Issue related to an Event Reservation listed by you and (b) Nufoodi either reimburses by credit that Reservation Owner any amount up to the amount paid by the Reservation Owner through the Site for the Event, Product, or Meal or provides an alternative Event, Product, or Meal to the Reservation Owner, you agree to reimburse Nufoodi up to the amount paid by Nufoodi plus processing fees immediately and directly out of funds held in your Nufoodi Account or if funds are not available in your Nufoodi Account, then within 30 days of Nufoodi’s request. All determinations of Nufoodi with respect to the “RORP”, including without limitation the size of any credit issued to the Reservation Owner, shall be final and binding on the Reservation Owners and Hosts. You also agree that in order for you to reimburse Nufoodi up to the amount paid by Nufoodi plus processing fees, Nufoodi may off-set or reduce any amounts owed by Nufoodi to you by this amount. If the Reservation Owner remains for part or all of the Event, Product, or Meal despite the Event, Product, or Dining Issue, the Reservation Owner may receive a refund that will reduce the amount of the Event, Product, or Meal Fees ultimately paid to you. If the Reservation Owner is relocated to an alternative Event, Product, or Meal, you may lose part or all of the Event, Product, or Meal Fee payment for the reservation and you may be responsible for reasonable additional costs incurred to locate an alternative Event, Product, or Dining event for the Reservation Owner.
The rights of the Reservation Owners under the “RORP” supersede any cancellation policies established by a Host. If you dispute the Event, Product, or Dining Issue you may notify us in writing (legal@Nufoodi.com) or via telephone and provide us with information (including geo-located, time and date stamped photographs or other evidence) disputing the claims regarding the Event, Product, or Dining Issue, provided you must have used reasonable and good faith efforts to try to remedy the Event, Product, or Dining Issue with the Reservation Owner prior to disputing the Event, Product, or Dining Issue claim. You agree that all determinations of Nufoodi with respect to the Event, Product, or Dining Issue shall be final and binding on the Reservation Owners and Hosts regardless of your submission of a dispute against such Event, Product, or Dining Issue. In the event of one or more Event, Product, or Dining Issues, Nufoodi, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your host & event rankings, automated reviews indicating Event, Product, or Dining Issues, cancelling future events, suspending or removing the listing of the Event/Meal or imposing penalties or fees for the administrative burden associated with the Event, Product, or Dining Issues.

5. General Provisions.
 

(a) Modification or Termination. Nufoodi reserves the right to modify or terminate this “RORP”, at any time, in its sole discretion, and without prior notice. If Nufoodi modifies this “RORP”, we will post the modification on the Site or provide you with notice of the modification and Nufoodi will continue to process all claims for Event, Product, or Dining Issues made prior to the effective date of the modification.
(b) Entire Agreement and Definitions. This “RORP” constitutes the entire and exclusive understanding and agreement between Nufoodi and you regarding the “RORP” and supersedes and replaces any and all prior written or oral understandings or agreements between Nufoodi and you regarding the “RORP”. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Nufoodi Terms of Service.
(c) No Assignment/No Insurance. This “RORP” 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 Reservation Owner, and the Reservation Owner has not paid any premium in respect of the “RORP”. The benefits provided under this “RORP” are not assignable or transferable by you.
(d) Controlling Law. This “RORP” will be interpreted in accordance with the laws of the State of New Hampshire and the United States of America, without regard to its conflict-of-law provisions.
(e) Limitation of Liability. IN NO EVENT WILL NUFOODI’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS NUFOODI POLICY TERMS, EXCEED THE AMOUNT OF THE NET RESERVATION FEES (Reservation Fees less the Nufoodi Convenience Fee) COLLECTED BY NUFOODI FROM THE RESERVATION OWNER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING AN EVENT OR PRODUCT LISTING OR RESERVING AN EVENT OR PRODUCT RESERVATION OR OTHERWISE USING THE PLATFORM AS A HOST OR RESERVATION OWNER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.

6. Contacting Nufoodi.

If you have any questions about the “RORP”, please contact Nufoodi at http://www.nufoodi.com/contact.