Customer Agreement

[Last Updated: Jan 03, 2023]

Welcome, we are BYSPIC. We operate an open network platform, connecting customers with hosts and providing high-class administrative services. When used in this agreement, “BYSPIC”, “we”, “us”, or “our” refers to BYSPIC legal entity.

As a customer, you have made a great choice to apply for an accommodation service arrangement with BYSPIC. You can experience uniquely rewarding and enriching services from BYSPIC.

This agreement governs your relationship with BYSPIC in relation to any accommodation services provided by BYSPIC. By applying to be a customer, you agree to be bound by the terms and conditions of this Customer Agreement. If you are an agent acting on behalf of the customer, you must pass this information on to the customer.

BYSPIC and the Customer hereby agree to the following:

 

I. Eligibility & Registration

1. All customers must agree and comply with the following:

1) The customer is a legally competent person over 18 years of age;

2) The customer has a valid visa for entry into Canada and complies with any conditions of that Visa;

3) The customer has no criminal record and is otherwise a fit and proper person of good reputation;

4) The customer is not bankrupt;

 

II. Services

1. Providing the partnership company with the following services: Accommodation services such as Customers’ placement for homestay, share-house, residence.

1) Homestay & Share-house: The services are operated by contracted hosts.

2) Residence: The service is managed and operated by BYSPIC

2. Processing and administrating online payment.

3. Searching accommodations, checking availability, supporting, and handling complaints.

1) Daily maximum booking request: 3 booking requests per day.

4. Accommodation Management System offered via the BYSPIC website.

5. BYSPIC recommends that all the reservation is completed before 7 days from the service date.

1) If the customer requests a homestay placement less than 7 days before the service date, BYSPIC urgent booking fee will be applied in manual placement. Homestay room fee can be varied depending on availability.

2) If need Urgent booking service, the Customer must directly contact info@byspic.com.

 

III. Fees & Payment

1. Each transaction will proceed in Canadian currency and the exchange rate of currencies will vary depending on Payment Methods, Credit Card Company, Country of Residence, and Date.

2. Homestay & Share-house Service and Placement Fee

1) The service fee of 15% is charged for each customer in general for Homestay and Share-house.

2) The manual placement fee of $300.00 is charged only for minor customer under 18 years old and/or group for both Homestay and Residence (includes tax).

3) Additional Charges: Urgent booking of $100.00 is charged per person.

3. Fees must be paid to BYSPIC. The Customer must not pay any fees or payments directly to the service provider or any other party in respect of the placement via BYSPIC.

4. Where a customer pays the Homestay/Share House Fee to any other parties, not BYSPIC, BYSPIC will not be liable for any unpaid Homestay/Share House Fee.

5. The Customer must pay Homestay/Share House Fee in the amounts, notified by BYSPIC in writing from time to time. The Homestay/Share House Fees are collected by BYSPIC on behalf of the Homestay/Share House Host and will be remitted to the Host in accordance with the BYSPIC Agreement.

6. BYSPIC will remit the Homestay/Share House Fee to the Host after deducting a Service Charge Fee. The Service Charge Fee covers the cost of Host training and assessment, and the work associated with the matching process. The fee is charged when any placements are occurred via BYSPIC and confirmed by the Host.

7. The Homestay/Share House fee must be paid by credit card (VISA, MASTER) or any other means directed by BYSPIC, by the due date(s) notified by BYSPIC.

8. From time to time, BYSPIC may review and update Homestay/Share House fees in line with market conditions. Customers in an ongoing placement will be provided with proper notice of any fee changes from BYSPIC.

9. If a customer terminates a placement at any time, the Customer remains liable for any penalties. In this case, when required, BYSPIC will refund Homestay/Share House Fee to the Customer after deducting the noticed penalties, following BYSPIC’s refund policy though BYSPIC may waive this obligation at its sole discretion.

10. Cancellation and refund details are written below in clause 4

 

IV. Booking Modification, Cancellation, and Refund

1. The Customer understands and is clear on the relevant refund and associated policies regarding these processes.

2. BYSPIC’s Service Fee with Tax is nonrefundable

3. Booking Modification.

1) The request for any Booking Modification must be completed or approved by contacting the Host or BYSPIC via email or phone to confirm its change. (info@byspic.com)

2) Booking Modification can be approved only after the host confirms the request.

3) Booking Modification must include its new booking date and time.

4) The Customer agrees to pay any additional fees with any Booking Modification.

4. Pre-arrival Cancellation by Customer

1) When a Customer cancels Homestay/Share House Placement prior to arrival, BYSPIC is liable to refund the Homestay/Share House Fee after deducting a Service Fee with tax, Transaction fee, and applicable penalty.

2) Following BYSPIC’s policy, a proper amount of the penalty will be remitted to the Host as compensation for the cancellation.

3) The Customer is liable to pay for the penalty according to the following BYSPIC’s policy

a) When more than 30 days left from the customer service date, the customer will get 100% of the room fee with no penalty from the Room Fee paid previously.

b) When 14 to 29 days left from the customer service date, the customer will get charged 30% of the cancellation penalty from the Room Fee paid previously.

c) When 0 to 13 days left from the customer service date, the customer will get charged 50% of the cancellation penalty from the Room Fee paid previously.

4) BYSPIC may waive the penalty at its sole discretion when the customer submits proper documents to prove the cancellation was unavoidable with reasonable causes.

5) All approved refunds will be deposited to the Customer via the Customer’s credit card used, or any other means such as electronic funds transfer when required.

5. Pre-arrival Cancellation by Host

1) When a host cancels any placement 14 days or more before the service date,

a) BYSPIC is liable to fully refund the Homestay/Share House Fee when requested.

b) BYSPIC recommends the customer receive a coupon of the full amount provided to book another place on the BYSPIC website.

2) When a host cancels any placement 8 to 13 days before the service date,

a) BYSPIC is liable to fully refund the Homestay/Share House Fee when requested.

b) BYSPIC recommends the customer receive a coupon of the full amount plus an additional $50.00 valued coupon as a compensation provided to book another place on the BYSPIC website.

3) When a host cancels any placement 0 to 7 days before the service date,

a) BYSPIC is liable to fully refund the Homestay/Share House Fee when requested.

b) BYSPIC recommends the customer receive a coupon of the full amount plus an additional $50.00 valued coupon as a compensation provided to book another place on the BYSPIC website.

c) BYSPIC will make efforts to place new Homestay/Share House via manual homestay placement without Urgent booking service fee upon request. The same priced Homestay/Share House cannot be guaranteed, and price can vary depending on availability.

4) All approved refunds will be deposited to the Customer via the Customer’s credit card used, or any other means such as electronic funds transfer when required.

6. Post-arrival Cancellations.

1) If a customer cancels the placement after arrival, the Customer may need to discuss the appropriate refund amount with the Host.

2) All approved refunds will be given from the Host to the Customer directly.

 

V. Confidentiality & Privacy

1. Both the Customer and BYSPIC agree to keep confidential the terms of this Customer Agreement and any information or material received in connection with this Customer Agreement and marked, or reasonably presumed to be confidential (Confidential Information).

2. Both customer and BYSPIC agree that they will not disclose any confidential information to any third party unless or until it:

1) is or becomes publicly known through no wrongful act of the receiving party;

2) is received from a third party (other than from or on behalf of the Customer, Host or BYSPIC) without restriction and without breach of any confidentiality obligation to the other party;

3) is independently developed by the receiving party;

4) is required by law to be disclosed (provided that the other party is given advance notice of, and an opportunity to contest any such requirement).

3. BYSPIC will always handle the Customer’s and Host’s personal information in accordance with its Privacy Policy.

4. BYSPIC bans use of any of the Host’s personal information for marketing and other purposes of clause 5.2. Without limiting clause 5.2, the Customer warrants and agrees that the customer will:

1) keep personal information private and confidential.

2) only use personal information for the purpose for which it was provided to you or otherwise with the consent of the service provider; and will not disclose personal information to any person except with the consent.

3) not disclose personal information to any person except with the consent.

 

VI. Customer Conduct

1. The Customer must read and abide by the Homestay/Share House Policy which can be accessed from the BYSPIC website. Any customer who fails to comply with the Homestay/Share House Policy may have their service terminated in accordance with clause 8.

2. The Customer acknowledges that reservation is limited to book, extend, and use the Homestay/Share House. The Host has the right to confirm other reservations before/after check-in. BYSPIC recommends that the Customer book the Homestay/Share house as long as possible if he/she has a possibility of a reservation extension.

3. BYSPIC cannot guarantee any long-term stays in the Homestay/Share House after check-in.

1) The Customer must check the Homestay/Share house availability prior to submitting a reservation request on the BYSPICwebsite.

2) The Customer must book and pay on the BYSPIC website when submitting an extension request.

3) The Customer must acknowledge that the room will be available only for the date booked.

 

VII. Liability & Responsibility

1. To the maximum extent permitted by law, BYSPIC excludes all warranties not expressly provided in this Customer Agreement and all liability for any loss (including consequential or indirect loss), cost, damage, or claim.

2. Nothing in this Customer Agreement is intended to exclude any consumer guarantee under the Canadian Consumer Law, or term otherwise implied by law, which cannot be excluded. Customer agrees with the maximum extent permitted by law, any liability of BYSPIC in connection with such a guarantee or implied term and in respect of any particular supply of Services is limited (at BYSPIC’s election) to either resupplying those Services or paying the cost of having those Services resupplied.

3. BYSPIC is not the guardian of any customer and does not take responsibility for the actions nor the care of any such Customer under this Customer Agreement. Booking for an additional guest under the age of full legal responsibility or brining him or her to the Homestay/Share House requires the Customer to be legally authorized to act on behalf of them and supervise them.

4. Subject to clauses 8.1 and 8.2, to the extent that BYSPIC otherwise has any liability for any loss, cost, damage, or claim arising in connection with the Services, the Homestay/Share House, or this Customer Agreement (including for negligence).

5. The Customer continually indemnifies BYSPIC from and against any loss, cost, damage, or claim (including third party claims) suffered or incurred by BYSPIC in connection with a customer’s breach of this Customer Agreement, except for the extent that any such loss, cost, damage, or the claim is caused by a negligent act or omission of BYSPIC. For example, (i) It is your responsibility to keep an Accommodation (including related personal property) as it was when you arrived, and (ii) you are required to behave in a moral and honorables way, respect others, and abide by the applicable laws at all times.

6. The Customer acknowledges that assumption of risks is compromised by many activities staying at the Homestay/Share House, Participation in any experiences, use of any other Host Services, or any other interaction the Customer has with others in person or online. It is the Customer’s responsibility to investigate BYSPIC Services to determine if it is safe and suitable. The customer also agrees that risk of injury, illness, disability, or death may be carried by the Homestay/Share House services.

 

VIII. Termination

1. The Customer (or the agent of a customer) may terminate the Homestay/Share House Service immediately on notice to BYSPIC at any time if the service provider has committed a theft, damaged property, caused an injury, or engaged in violent or threatening behaviour (or any other behaviour which reasonably makes the Customer feel unsafe) in connection with Homestay/Share House. In such circumstances, BYSPIC will take all reasonable steps to relocate the Customer to another the Homestay/Share House Service, if required.

2. A Customer may otherwise notify BYSPIC of any complaint regarding a host at any time, and BYSPIC will use commercially reasonable endeavors to resolve, or assist the Customer to resolve the complaint.

3. BYSPIC may cease placement/service (before or after commencement) immediately on notice to a Customer if:

1) A Customer fails or ceases to satisfy the Eligibility Criteria.

2) The service provider ceases to meet the requirements identified by BYSPIC.

3) BYSPIC otherwise determines in its sole discretion that it is appropriate to terminate the placement/service immediately in response to a request from the customer, service provider or related party.

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