Payment Terms & Liability

Important information about Lodge Payments, liability, and disclaimers.

Liability and Disclaimers

1.1 General Liability Limitation

Subject to the sections below, to the maximum extent permitted by applicable law, Lodge Payments' liability shall be limited and the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Lodge account in any way, you are responsible for the actions taken by that person.

1.2 Compliance and Member Actions

Lodge Payments shall not be liable for any losses where the loss is due to Lodge Payments' compliance with obligations imposed on it by applicable law. Lodge Payments shall also not be liable for any losses resulting from your or another Member's acts or omissions, including but not limited to any breach of these Payment Terms or of applicable law, or if you or another Member have acted fraudulently or with negligence.

1.3 Exclusions to Liability Limitation

Nothing in these Payment Terms limits the liability of Lodge Payments for:

  • (i) death or personal injury arising from Lodge Payments' act or omission or negligence;
  • (ii) fraud or fraudulent misrepresentation;
  • (iii) wilful misconduct or gross negligence;
  • (iv) losses directly caused by Lodge Payments' breach of these Payment Terms; or
  • (v) any other liability which cannot be excluded or limited under applicable law (including for example a breach of statutory consumer rights or of statutory rights under payment laws and regulations).

1.4 Business and Profit Losses

Lodge Payments shall not be liable to you in any circumstances for any loss of business, loss of goodwill, loss of opportunity, or loss of profit.

1.5 Representatives and Employees

To the extent that Lodge Payments' liability is excluded or limited, this also applies with regard to the personal liability of its legal representatives, employees, and other agents.

1.6 Voluntary Use

If you choose to use the Payment Services, you do so voluntarily and at your sole risk.

1.7 Agent Capacity Disclaimer

Notwithstanding Lodge Payments' appointment as the limited payment collection agent of Hosts pursuant to Section 2 and subject to this Section 4, Lodge Payments explicitly disclaims all liability for any act or omission by you, any Member, or other third party. Lodge Payments does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payment Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

1.8 Identity Verification

If we choose or are required to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. We are not responsible for prior misconduct by a Member where such misconduct was unknown by us.

1.9 Statutory Rights

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.