Updated: January 19, 2018
GoFirefly™ is dedicated to building a safe and secure online community. These Terms of Service are part of our commitment to ensuring a positive experience for all of our Hosts and Guests.
Please note that these Terms of Service include agreement to arbitration according to the rule of law. Hosts and Guests should always understand applicable local, city, state, and federal laws. In some locales, there are laws that restrict Hosts’ ability to host paying guests for short periods. These laws are usually part of zoning or administrative codes. Many cities require that Hosts must register, obtain a permit, or obtain a license before listing their property or accepting guests. Some types of short-term bookings are prohibited altogether. Therefore, we recommend that Hosts review local laws before listing their property on the GoFirefly site.
1. KEY TERMS AND FEES
1.1 For all intents and purposes, the terms "GoFirefly LLC", "GoFirefly", or "gofireflygo.com" shall individually and collectively mean GoFirefly LLC.
1.2 GoFirefly provides an online platform (the “GoFirefly Platform”) that allows hosts who have accommodations to list and book nightly stays with guests seeking to book accommodations (the “Services“), which Services are accessible at www.gofireflygo.com and any other websites through which GoFirefly employs to make the Services available.
1.3 If you are using the GoFirefly Platform, these Terms of Service apply to transactions and communications between you and GoFirefly.
1.4 “Accommodation” refers to private guest rooms in private homes that are available for short-term overnight stays on the GoFirefly Platform.
1.5 “GoFirefly Content” means all content that GoFirefly makes available through the GoFirefly Platform, Services, or its related promotional activities and on official social media channels, including any content licensed from a third party, but excluding Member content.
1.6 “Booking” means a limited license granted by the Host to the Guest to enter and use the Accommodation for the limited duration of the confirmed booking, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with the Guest’s agreement with the Host. On the GoFirefly Platform, "short-term rental" and "home sharing" have the same meaning as "Booking;" all three terms mean a limited license to enter and use the Accommodation for the duration of the confirmed booking.
1.7 “Booking Request Period" means the period starting from the time when a Booking is requested by a Guest on the GoFirefly Platform, within which a Host may decide whether to confirm or deny that Booking request or Services.
1.8 “Collective Content” means content on the GoFirefly Platform created by both GoFirefly and Members.
1.9 “Communication” means all email messages or text messages sent via the GoFirefly Platform.
1.10 “Content” means text, images, music, software (excluding the Application), audio, video, information or other materials hosted on the GoFirefly Platform.
1.11 “Listing” means an Accommodation listed by a Host and available for Booking by Guests via the GoFirefly Platform. There is no fee charged to a Host for listing a property.
1.12 “Member” means a person, either Host or Guest, who completes GoFirefly’s account registration process as described under “Account Registration,” and completes the Membership Fee payment process.
1.13 “Guest” means a Member who has completed the GoFirefly Guest account registration process and the Membership Fee payment process. Hosts may also be Guests: when requesting to book an Accommodation, a Host in the role of Guest is referred to as a “Guest.”
1.14 “Host” means a Member who has completed the GoFirefly Host account registration process, the Membership Fee payment process, and has created at least one Listing on the Platform.
1.15 “Member Content” means content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile.
1.16 “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees that Accommodation providers may be required by law to collect and remit to governmental agencies, and other municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
2. TERMS OF SERVICE
2.1 By using the GoFirefly Platform, Application, or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“), whether or not you become a Member. These Terms govern your access to and use of the GoFirefly Platform and all Collective Content, and constitute a binding legal agreement between you and GoFirefly. Please read carefully our Privacy Policy at www.gofireflygo.com/privacy.
2.2 In addition, certain areas of the GoFirefly Platform may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions.
2.3 If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the GoFirefly Platform. Failure to use the GoFirefly Platform in accordance with these Terms may subject you to civil and criminal penalties.
2.4 The GoFirefly Platform comprise an online platform through which Hosts may create listings for accommodations and Guests may search for and book Accommodations directly with Hosts. You understand and agree that GoFirefly is not a party to any agreements entered into between Hosts and Guests, nor is GoFirefly a real estate broker, agent or insurer. GoFirefly has no control over the conduct of Hosts, Guests, and other users of the GoFirefly Platform or any Accommodations, and disclaims all liability in this regard to the maximum extent permitted by law.
2.5 If you create a Listing on GoFirefly, you understand and agree that your relationship with GoFirefly is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint venture or partner of GoFirefly for any reason, and you act exclusively on your behalf and for your own benefit, and not on behalf of or for the benefit of GoFirefly. GoFirefly does not control your Listing, your activities associated with your Listing, or any other matter related to any Listing. Members agree not to do anything to create an impression that they are endorsed by, partnering with, or acting on behalf of or for the benefit of GoFirefly, including by inappropriately using any GoFirefly intellectual property.
2.6 You acknowledge and agree that, by accessing or using the GoFirefly Platform or by downloading or posting any content from or on the GoFirefly Platform, you are indicating that you have read, and that you understand and agree to be bound by these Terms and receive our Services whether or not you have registered with the GoFirefly Platform. If you do not agree to these terms, then you have no right to access or use the GoFirefly Platform, services, or collective content. If you agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
3. MODIFICATION
3.1 GoFirefly reserves the right, at its sole discretion, to modify the GoFirefly Platform or to modify these Terms, including the Member Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the GoFirefly Platform and/or provide you notice of the modification by email. We will update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the GoFirefly Platform will constitute acceptance of the modified Terms. If the modified Terms contain material changes applicable to existing Members, we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the GoFirefly Platform. If you do not close your GoFirefly Account, you will be deemed to have accepted the changes.
4. ELIGIBILITY
4.1 The GoFirefly Platform are intended solely for persons who are 18 or older. Any access to or use of the GoFirefly Platform by anyone under 18 is expressly prohibited. By accessing or using the GoFirefly Platform, you represent and warrant that you are 18 or older.
4.2 GoFirefly will, to the extent permitted by applicable laws, obtain reports from public records of criminal convictions and sex offender registrations of the user. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from GoFirefly’s vendors.
5. SITE AND SERVICES FUNCTIONS
5.1 The GoFirefly Platform can be used to facilitate the listing and Booking of Accommodations. Such Accommodations are included in Listings on the GoFirefly Platform by Hosts. Unregistered visitors to the GoFirefly Platform may view limited information about Listings; however, only registered Members of GoFirefly may book Accommodations or create Listings.
5.2 As stated above, the GoFirefly Platform creates a marketplace where Guests and Hosts may search for Accommodations and make Bookings directly with each other. GoFirefly is not an owner or operator of properties, nor is it a provider of properties, nor does GoFirefly own, sell, resell, furnish, provide, rent, re-rent, sublet, manage or control properties, including, but not limited to: hotel rooms, motel rooms, condominiums, apartments, houses, other lodgings or Accommodations. Unless explicitly specified otherwise in the GoFirefly platform, GoFirefly’s responsibilities are limited to facilitating the availability of the GoFirefly Platform.
5.3 As stated above, the GoFirefly Platform creates a marketplace where Guests and Hosts may search for Accommodations and make Bookings directly with each other. Despite our desire to monitor the condition and comfort of Accommodations and the accurate identification of Hosts and Guests, GoFirefly cannot and does not control the content contained in any Listings and the condition, legality, or suitability of any Accommodations. GoFirefly is not responsible for and disclaims any and all liability related to any and all Listings and Accommodations. Accordingly, any Bookings will be made or accepted at the Member’s own risk.
6. MEMBER REGISTRATION
6.1 In order to access certain features of the GoFirefly Platform, and to book an Accommodation or create a Listing, you must register as a Member on the GoFirefly Platform (“Member Account“). Both Hosts and Guests must register and have an active, paid Member Account, to create Listings or make Bookings on the GoFirefly Platform.
6.2 Your Member Account and your Member Account profile page will be created for your use on the GoFirefly Platform based on the personal information you provide to us. You may not have more than one (1) active Member Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. GoFirefly reserves the right to suspend or terminate your Member Account and your access to the GoFirefly Platform if you create more than one (1) Member Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
6.3 When creating your Member Account, you will be required to create a personal password to log in to your GoFirefly Member Account. You are solely responsible for safeguarding your password. You agree that you will not disclose your password to any third party. If you lose or forget your password, you may access your Member Account by going through the password reset process online via GoFirefly.
6.4 Unless expressly authorized by a specific feature on GoFirefly, you are not permitted to share your Member Account with anyone or allow others to access or use your Member Account. You agree that you are solely responsible for any activities or actions under your GoFirefly Account, whether or not you have authorized such activities or actions. You will immediately notify GoFirefly of any unauthorized use of your GoFirefly Account.
7. ACCOMMODATION LISTINGS
7.1 As a Host, you may create Listings. To create a Listing, you will need to enter information about the Accommodation to be listed, including but not limited to: location, capacity, size, features, pricing, and availability of the Accommodation, and your requirements regarding house rules and financial terms. To be featured in Listings via the GoFirefly Platform, all Accommodations must have valid physical addresses. Listings will be made publicly available via the GoFirefly Platform. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, ratings and ease of Booking.
7.2 Other Members will be able to book your Accommodation via the GoFirefly Platform based on the information provided in your Listing, your Guest requirements, and Guests' search parameters and preferences. You understand and agree that once a Guest requests a Booking of your Accommodation, you may not ask the Guest to pay a higher price than in the Booking request.
7.3 You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a Guest’s stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as but not limited to: homeowners associations, condominium boards, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), tax requirements, intellectual property laws, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses, and registrations), and (b) not conflict with the rights of third parties. Please note that GoFirefly assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. GoFirefly reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that GoFirefly, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or GoFirefly’s Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the GoFirefly Platform.
7.4 Hosts understand and agree that GoFirefly does not act as an insurer or as a contracting agent. If a Guest requests a Booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest, and GoFirefly is not a party to it.
7.5 Hosts acknowledge and agree that they are solely responsible for their acts and omissions and are also responsible for the acts and omissions of any individuals who also reside at or are otherwise present at Accommodations booked via the GoFirefly Platform, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)
7.6 GoFirefly recommends that Hosts obtain a one million dollar general liability policy and other appropriate insurance for their Accommodations. Please review carefully any insurance policy that you may have for your Accommodation, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation. Please also review such policy for any interaction with any applicable Host Protection Insurance Program, to the extent provided in your jurisdiction.
7.7 GoFirefly may offer Hosts the option of providing photographers to photograph their Accommodations and providing digital images for use on the GoFirefly Platform. If you as a Host choose to have GoFirefly provide a photographer, GoFirefly shall own all copyrights to photographs taken by photographers they provide. These photographs will be available to you to include in your Listing with a watermark or tag bearing the words “GoFirefly.com Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing, and you warrant that you will cease to use the Verified Images or any other images if such images cease to represent accurately your Listing or if you cease to be a Host for the Listing featured. All images, materials, and content created by these photographers, including Verified Images, constitute GoFirefly Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from GoFirefly. If your GoFirefly Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that GoFirefly retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
8. NO ENDORSEMENT
8.1 GoFirefly does not endorse any Member, Listing or Accommodation. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by GoFirefly of any Member, Listing or Accommodation.
8.2 Members are required by these Terms to provide accurate information. Although GoFirefly may, for transparency, or for fraud prevention or detection purposes, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background. 8.3 By registering as a GoFirefly Member, you agree that GoFirefly may request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we will request and use it in compliance with applicable law, including the Fair Credit Reporting Act.
8.4 Any references in the GoFirefly Platform to a Member being “verified” only indicate that the Member has completed a verification or identification process, and does not represent anything else. Any such description is not an endorsement or guarantee by GoFirefly about any Member, including of the Member’s identity and whether the Member is trustworthy, safe, or suitable. Any description is intended to be useful for you to evaluate when you make your own decision about the identity and suitability of others whom you interact with via the GoFirefly Platform. We, therefore, recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a Booking request from a Guest, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.
8.5 By using the GoFirefly Platform, you agree that any legal remedy or liability that you attempt to obtain for actions or omissions by other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from GoFirefly with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the GoFirefly Platform regarding any Bookings or Listings. This limitation shall not apply to any claim by a Host against GoFirefly regarding the payments received from a Guest by GoFirefly on behalf of a Host, which instead shall be subject to the limitations described in the section entitled “Limitation of Liability”.
9. BOOKINGS AND FINANCIAL TERMS: KEY DEFINITIONS
9.1 “Accommodation Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation. The Host alone, and not GoFirefly, is responsible for setting the Accommodation Fees for his or her Listing. The Host may decide to include in these amounts a cleaning fee or Taxes that the Host is required by law to collect; however, the Host will be responsible for accounting for these fees when posting the nightly rate in the Host’s Listing.
9.2 “Booking Fees” means the fee that GoFirefly charges a Guest for booking an Accommodation. This is a flat fee; it will be stated on the Booking Request viewable by the Guest before it is sent to the Host.
9.3 “Membership Fees” means the annual fee that GoFirefly charges Guests and Hosts for the use of the GoFirefly Platform. The annual fee is stated on the Members' account information page.9.4 “Payment Method” means a payment method that you have added to your GoFirefly Member Account, such as a credit card, debit card or PayPal.
9.5 “Total Fees” means the Accommodation Fees and the Booking Fees collectively.
10. BOOKINGS AND FINANCIAL TERMS FOR HOSTS
10.1 If you are a Host and a Booking is requested for your Accommodation via the GoFirefly Platform, you will be required to either preapprove, confirm or reject the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire. When a Booking is requested via the GoFirefly Platform, we will share with you (i) the first and last name of the Guest who has requested the Booking, (ii) a link to the Guest’s GoFirefly Account profile page. If you are unable to confirm or decide to reject a Booking request within the Booking Request Period, any amounts collected by GoFirefly for the requested Booking will be refunded to the applicable Guest. When you confirm a Booking requested by a Guest, GoFirefly will send you a Communication confirming such Booking, depending on the selections you make via the GoFirefly Platform.
10.2 GoFirefly will collect the Total Fees from Guests at the time of the Host’s approval of Booking and will initiate payment of the Accommodation Fees (less applicable fees) to the Host as described in the Terms.
10.3 Members agree that GoFirefly may, in accordance with the cancellation policy selected by Host and reflected in the relevant Listing, (i) permit Guest to cancel a Booking and (ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy.
11. BOOKINGS AND FINANCIAL TERMS FOR GUESTS
11.1 Hosts are solely responsible for honoring any confirmed Bookings and making available Accommodations reserved through the GoFirefly Platform. If you, as a Guest, enter into a transaction with a Host for the Booking of an Accommodation, you agree and understand that you are entering into an agreement and accept any terms, conditions, rules, and restrictions associated with such Accommodation imposed by Hosts. GoFirefly is not a party to Booking agreements made between Hosts and Guests and holds no responsibility or liability for Hosts and Guests failing to honor the Booking agreement or terms, conditions, rules, and restrictions associated with the Accommodation imposed by Hosts.
11.2 Hosts and Guests acknowledge and agree that they are solely responsible for performing the obligations of Booking agreements, that GoFirefly is not a party to and disclaims all liability arising from or related to any such agreements.
11.3 The Total Fees payable will be displayed to a Guest before the Guest sends a Booking request to a Host. As noted above, the Host is required to either preapprove, confirm or reject the Booking request within the Booking Request Period; otherwise, the Booking request will expire, and the transaction will not be completed. Upon receipt of a Booking request, GoFirefly may initiate a pre-authorization to your Payment Method pursuant to the Terms. If a Booking request expires (is not confirmed by the Host), any amounts collected by GoFirefly will be refunded to such Guest, depending on the selections the Guest makes via the GoFirefly Platform, and any preauthorization of such Guest’s Payment Method will be released, if applicable.
11.4 Guests agree to pay the Total Fees for any Booking requested, and in most cases confirmed, in connection with your GoFirefly Account. GoFirefly will collect the Total Fees pursuant to the Terms.
11.5 Once a Booking transaction is confirmed, you will receive a confirmation Communication summarizing your confirmed Booking.
12. SERVICE FEES AND OTHER FEES
12.1 In consideration for the use of the GoFirefly Platform and Payment Services, GoFirefly charges Guests a Booking fee (one flat fee per transaction) for each Booking. GoFirefly collects these Service Fees pursuant to the Terms. The Booking fee is charged to Guest’s Payment Method. Applicable Guest Fees will be displayed at checkout, prior to submission of a Booking request.
12.2 In consideration for the use of the GoFirefly Platform and Payment Services, GoFirefly charges Hosts a Service Fee of 5% of Total Fees to offset credit card processing fees. GoFirefly collects these Service Fees pursuant to the Terms. Service Fees charged to Hosts are deducted from Total Fees before remitting the balance to the Host as described in the Terms. GoFirefly will disclose applicable Host Fees to Hosts via the GoFirefly Platform.
13. CANCELLATIONS AND REFUNDS
13.1 If a Guest cancels a confirmed Booking made via the GoFirefly Platform, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees, Guest Fees and other amounts charged to you will depend on the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the GoFirefly Platform. GoFirefly will initiate any refunds due pursuant to the Terms.
13.2 If a Host cancels a confirmed Booking made via the GoFirefly Platform, (i) GoFirefly will refund the Total Fees for such Booking to the applicable Guest pursuant to the Terms and (ii) the Guest will receive a Communication from GoFirefly containing alternative Listings and other related information. If a Host canceled a confirmed Booking and you, as a Guest, have not received a Communication from GoFirefly, please contact GoFirefly via email: support@gofireflygo.com.
13.3 If a Host cancels a confirmed Booking, Host agrees that GoFirefly may apply penalties or consequences to Host of Host’s Listing, including (i) publishing a review on Host’s Listing indicating that a Booking was cancelled, (ii) keeping the Host's calendar for the Listing unavailable or blocked for the dates of the cancelled Booking, or (iii) imposing a cancellation fee. Host will be notified via email of the situations in which a cancellation fee applies before Host decides to cancel.
13.4 In certain circumstances, primarily for reasons of safety and security, and in its sole discretion, GoFirefly may decide that it is necessary or desirable to cancel a confirmed Booking made via the GoFirefly Platform. The cancelation may be for reasons outlined in GoFirefly’s Policy or for any other reason. GoFirefly may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the Guest Refund Policy or connection with a cancellation under GoFirefly’s Policy. Members agree that GoFirefly and the relevant Guest or Host will not have any liability for such cancellations or refunds.
14. RESOLUTION CENTER
14.1 Members may use the Resolution Center to send or request money for refunds, services or damages related to their Bookings. You agree to pay all amounts sent through the Resolution Center in connection with your GoFirefly Account, and GoFirefly Payments will handle all such payments pursuant to the Payments Terms. When Members reach agreement via the Resolution Center, both parties acknowledge and agree that they will be responsible for performing their respective obligations under any such agreements, that GoFirefly is not a party to such agreements, and that, with the exception of GoFirefly Payments’ obligations pursuant to the Payments Terms, GoFirefly (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
15. ROUNDING OFF
15.1 GoFirefly may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated.16. BOOKING MODIFICATIONS
16.1 Whether as a Guest or Host, Members are responsible for any modifications to Bookings that they direct GoFirefly Customer Service to make (“Booking Modifications“), and agree to pay any Accommodation Fees, Guest Fees, Host Fees, and Services Fees associated with such Booking Modifications.
17. TAXES
17.1 Members understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where Accommodation is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value-added taxes," "room taxes" or "tourist taxes" (hereafter, "Occupancy Taxes").
17.2 Members remain solely responsible and liable for the payment and remittance of any and all taxes that may apply to Accommodations; as Hosts and Guests, they agree and understand that GoFirefly is not responsible for, and will not remit any such Occupancy Taxes to the Tax Authority. Members are solely responsible for calculating any and all taxes they are responsible for in accordance with relevant Tax Authority, and Hosts and Guests agree to remit all amounts due to relevant Tax Authority. Members expressly agree to release, defend, indemnify, and hold harmless GoFirefly and its affiliates and subsidiaries, and their officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation of, collection of Occupancy Taxes in any amount or at all as to your transactions or Accommodations. In addition, Members expressly grant GoFirefly permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Accommodations and Occupancy Taxes, including, but not limited to, personally identifiable information such as Host or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received by Hosts from Guests, or allegedly due, contact information and similar information, to the relevant Tax Authority.
17.3 Tax regulations may require us to collect appropriate tax information from our Members, or to withhold taxes from payouts to Members, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W–9 from certain US Hosts, and an appropriate IRS Form W–8 (e.g. Form W–8BEN) from non-US hosts with at least one Listing in the US. Members are solely responsible for keeping their tax form information current, complete and accurate. If a Member fails to provide GoFirefly with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Host and you fail to provide us with a completed IRS Form W–9), we reserve the right in our sole discretion to do any or all of the following (i) freeze all payouts to you, (ii) cancel all Bookings, and (iii) block all Member’s activity, until resolution to withhold such amounts as required by law is concluded.
17.4 Hosts understand and agree that they are solely responsible for determining (i) applicable Tax reporting requirements, (ii) applicable Taxes for each Booking, and (iii) for including in Booking Request pre-approvals and confirmations any applicable Taxes to be collected from Guests. Members are also solely responsible for remitting to the relevant authority any Taxes included or collected by them. GoFirefly cannot and does not offer Tax-related advice to any Members
17.5 Where applicable, or based upon request from a Host, GoFirefly may issue a valid VAT invoice to non-US Hosts.