Terms of Service Karta.com
Last Updated: January 11, 2021
Last Updated: January 11, 2021
Section 23 of these Terms contains an arbitration agreement and class action waiver that apply to
all claims brought against Karta in the United States. Please read them carefully.
Thank you for using Karta!
These Terms of Service (“Terms”) are a binding legal agreement between you and Karta that govern
your use of the websites, applications, and other offerings from Karta (collectively, the “Karta
Platform”). When used in these Terms, “Karta,” “we,” “us,” or “our” refers to the Karta entity set out on
Schedule 1 with whom you are contracting.
The Karta Platform offers an online venue that enables users (“Members”) to publish, offer, search
for, and book services. Members who publish and offer services are “Hosts” and Members who
search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”),
and a variety of travel and other services (collectively, “Host Services”, and each Host Service
offering, a “Listing”). You must register an account to access and use many features of the Karta
Platform, and must keep your account information accurate. As the provider of the Karta Platform,
Karta does not own, control, offer or manage any Listings or Host Services. Karta is not a party to
the contracts concluded directly between Hosts and Guests, nor is Karta a real estate broker or
insurer. Karta is not acting as an agent in any capacity for any Member, except as specified in the
Payments Terms of Service (“Payment Terms”).
describes our collection and use of personal data, and our Payments Terms, which govern any
payment services provided to Members by external or Karta payment entities or ("Karta Payments").
If you Host, you are responsible for understanding and complying with all laws, rules, regulations and
contracts with third parties that apply to your Host Services.
1. Our Mission.
Our mission is to create a world where digital nomads, businessmen, or simply travelers can stay
anywhere and are not tied down by borders. We feature tropical locations as well as snowy igloos
and everything in between so that you can always find something new when you explore the world
with Karta. Moreover, we offer a convenient feature to embed an accommodation switch during your
stay, giving you even more options, and significantly reducing the cost, wherever you decide to travel
2. Searching and Booking on Karta.
2.1 Searching. You can search for Host Services by using criteria like the type of Host Service, travel
destination, travel dates, and number of guests. You can also use filters or sort your results to refine
searches. Search results are based on their relevance to your search and other criteria. Relevance
considers factors like price, availability, Reviews, customer service and cancellation history,
popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights),
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including
the Listing price, applicable fees like Karta’s service fee, offline fees, taxes, and any other items
identified during checkout (collectively, “Total Price”). You are also agreeing that Karta Payments
may charge and collect any security deposit identified during checkout. When you receive the
booking confirmation, a contract for Host Services (sometimes called a reservation in these Terms)
is formed directly between you and the Host. The cancellation policy and any other rules, standards,
policies, or requirements identified in the Listing or during checkout form part of your contract with
the Host. Be aware that some Hosts work with a co-host or as part of a team to provide their Host
2.3 Accommodation Reservations. An Accommodation reservation is a limited license to enter,
occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation
during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the
Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to
make you leave in a manner consistent with applicable law, including by imposing reasonable
overstay penalties. You may not exceed the maximum number of allowed Guests.
3. Cancellations, Travel Issues, Refunds and Booking Modifications.
3.1 Cancellations, Travel Issues, and Refunds. In general, if as a Guest you cancel a reservation, the
amount refunded to you is determined by the cancellation policy that applies to that reservation. But,
in certain situations, other policies take precedence and determine what amount is refunded to you.
If something outside your control forces you to cancel a reservation, you may be eligible for a partial
or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you experience a
Travel Issue (as defined in our Guest Refund Policy), you may be eligible for rebooking assistance or
a partial or full refund under the Guest Refund Policy. Different policies apply to certain categories of
Listings, see each Policy for details about what is covered, and what refund applies in each situation.
3.2 Booking Modifications. Guests and Hosts are responsible for any booking modifications they
agree to make via the Karta Platform or direct Karta customer service to make on their behalf
("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with
any Booking Modification.
4. Your Responsibilities and Assumption of Risk.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are
also responsible for the acts and omissions of anyone you invite to join or provide access to any
Accommodation, Experience or other Host Service. For example, this means: (i) you are responsible
for leaving an Accommodation (and related personal property) in the condition it was in when you
arrived, and (ii) you must act with integrity, treat others with respect, and comply with applicable laws
at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host
Service, you must be legally authorized to act on behalf of the minor and you are solely responsible
for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree
that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of
your access to and use of the Karta Platform and any Content (as defined in Section 10), including
your stay at any Accommodation, use of any other Host Service, or any other interaction you have
with other Members whether in person or online. This means it is your responsibility to investigate
a Host Service to determine whether it is suitable for you. For example, Host Services may carry
risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by
choosing to participate in those Host Services.
5. Hosting on Karta.
5.1 Host. As a Host, Karta offers you the opportunity to share your Accommodation, Experience, or
other Host Service with our vibrant community of Guests - and earn money doing it. It’s easy to
create a Listing and you are in control of how you host - set your price, availability, and rules for each
5.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation
through the Karta Platform, you are entering into a contract directly with the Guest, and are
responsible for delivering your Host Service under the terms and at the price specified in your
Listing. You are also agreeing to pay applicable fees like Karta’s service fee (and applicable taxes)
for each booking. Karta Payments will deduct amounts you owe from your payout unless we and you
agree to a different method. Any terms, policies or conditions that you include in any supplemental
contract with Guests must: (i) be consistent with these Terms, our Policies, and the information
provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Hosts. Your relationship with Karta is that of an independent individual or entity
and not an employee, agent, joint venturer, or partner of Karta, except that Karta Payments acts as a
payment collection agent as described in the Payments Terms. Karta does not direct or control your
Host Service, and you agree that you have complete discretion whether and when to provide Host
Services, and at what price and on what terms to offer them.
6. Managing Your Listing.
6.1 Creating and Managing Your Listing. The Karta Platform provides tools that make it easy for you
to set up and manage a Listing. Your Listing must include complete and accurate information about
your Host Service, your price, other charges like cleaning fees, resort fees, security deposits, offline
fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for
keeping your Listing information (including calendar availability) and content (like photos) up-to-date
and accurate at all times. We recommend that you obtain appropriate insurance for your Host
Services and suggest you carefully review policy terms and conditions including coverage details
and exclusions. You may only maintain one Listing per Accommodation, but may have multiple
Listings for a single property if it has multiple places to stay.
6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any
laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services.
For example: Some landlords and leases, or homeowner and condominium association rules, restrict
or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other
laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to
register, get a permit, or obtain a license before providing certain Host Services (such as short-term
rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a
vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some
jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions
have laws that create tenancy rights for Guests and additional obligations for Hosts. For example,
some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays.
Check your local rules to learn what rules apply to the Host Services you plan to offer. Information
we provide regarding legal requirements is for informational purposes only and you should
independently confirm your obligations. You are responsible for handling and using personal data of
Guests and others in compliance with applicable privacy laws and these Terms, including our Host
Privacy Standards. If you have questions about how local laws apply you should always seek legal
6.3 Search Ranking. The ranking of Listings in search results on the Karta Platform depends on a
variety of factors, including these main parameters:
● Guest search parameters (e.g. number of Guests, time and duration of the trip, price range),
● Listing characteristics (e.g. price, calendar availability, number and quality of images,
Reviews, type of Host Service, Host status, age of the Listing, average Guest popularity),
● Guest booking experience (e.g. customer service and cancellation history of the Host, ease
● Host requirements (e.g. minimum or maximum nights, booking cut-off time), and
● Guest preferences (e.g. previous trips, saved Listings, location from where the Guest is
Search results may appear different on our mobile application than they appear on our website.
Karta may allow Hosts to promote their Listings in search or elsewhere on the Karta Platform by
paying an additional fee.
6.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are
also responsible for the acts and omissions of anyone you allow to participate in providing your Host
Services. You are responsible for setting your price and establishing rules and requirements for your
Listing. You must describe any and all fees and charges in your Listing description and may not
collect any additional fees or charges outside the Karta Platform except those expressly authorized
by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews,
provide their contact information, or take other actions outside the Karta Platform in violation of our
6.5 Hosting as a Team or Organization. If you work with a co-host or host as part of a team,
business, or other organization, the entity and each individual who participates in providing Host
Services is responsible and liable as a Host under these Terms. If you accept terms or enter into
contracts, you represent and warrant that you are authorized to enter into contracts for and bind your
team, business or other organization, and that each entity you use is in good standing under the laws
of the place where it is established. If you perform other functions, you represent and warrant that
you are authorized to perform those functions. If you instruct Karta to transfer a portion of your
payout to a co-host or other Hosts, or to send payments to someone else, you must be authorized to
do so, and are responsible and liable for the payment amounts and accuracy of any payout
information you provide.
6.6 Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that
you assume the entire risk arising out of your access to and use of the Karta Platform, offering
Host Services, or any interaction you have with other Members whether in person or online. You
agree that you have had the opportunity to investigate the Karta Platform and any laws, rules,
regulations, or obligations that may be applicable to your Listings or Host Services and that you are
not relying upon any statement of law made by Karta.
7. Cancellations, Travel Issues, and Booking Modifications.
7.1 Cancellations and Travel Issues. In general, if a Guest cancels a reservation, the amount paid to
you is determined by the cancellation policy that applies to that reservation. As a host, you should
not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or
applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation
fee and other consequences. If: (i) a Guest experiences a Travel Issue (as defined by the Guest
Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a reservation is cancelled under
Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or
otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the
cancellation. If a Guest receives a refund after you have already been paid, or the amount of the
refund and other costs incurred by Karta exceeds your payout, Karta (via Karta Payments) may
recover that amount from you, including by offsetting the refund against your future payouts. You
agree that Karta’s Guest Refund Policy, Extenuating Circumstances Policy, and these Terms preempt
the cancellation policy you set in situations where they allow for the cancellation of a reservation
and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest
under one of these policies, we may delay release of any payout for that reservation until a refund
decision is made. See each Policy for details about what is covered, and what your payout will be in
7.2 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they
agree to make via the Karta Platform or direct Karta customer service to make on their behalf, and
agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8.1 Host Taxes. As a host, you are responsible for determining and fulfilling your obligations under
applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect
taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").
8.2 Collection and Remittance by Karta. In jurisdictions where Karta facilitates the collection and/or
remittance of Taxes on behalf of Hosts, you instruct and authorize Karta to collect Taxes on your
behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or
remitted by Karta are identified to Members on their transaction records, as applicable. Karta may
seek additional amounts from Members (including by deducting such amounts from future payouts)
in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’
tax obligations, and you agree that your sole remedy for Taxes collected by Karta is a refund from
the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to
affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or
report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to
provide us with documentation that we determine to be sufficient to support any such obligation to
withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law,
until sufficient documentation is provided. You agree that Karta may issue on your behalf invoices or
similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate
accurate tax reporting by you, our Guests, and/or their organizations.
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your
Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other
language that violates our Content Policy or Review Policy. Reviews are not verified by Karta for
accuracy and may be incorrect or misleading.
Parts of the Karta Platform enable you to provide feedback, text, photos, audio, video, information,
and other content (collectively, “Content”). By providing Content, in whatever form and through
whatever means, you grant Karta a non-exclusive, worldwide, royalty-free, irrevocable, perpetual,
sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute,
publish and otherwise exploit, that Content, without limitation. If Content includes personal
for the creation of Content or facilitates its creation, Karta may own that Content, in which case
supplemental terms or disclosures will say that. You are solely responsible for all Content that you
provide and warrant that you either own it or are authorized to grant Karta the rights described in
these Terms. You are responsible and liable if any of your Content violates or infringes the
intellectual property or privacy rights of any third party. Content must comply with our Content Policy
and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene,
harassing, deceptive, violent, and illegal content. You agree that Karta may make available services
or automated tools to translate Content and that your Content may be translated using such services
or tools. Karta does not guarantee the accuracy or quality of translations and Members are
responsible for confirming the accuracy of such translations.
Karta may charge fees (and applicable Taxes) to Hosts and Guests for use of the Karta Platform.
More information about when service fees apply and how they are calculated can be found on our
Service Fees page. Except as otherwise provided on the Karta Platform, service fees are
non-refundable. Karta reserves the right to change the service fees at any time, and will provide
Members notice of any fee changes before they become effective. Fee changes will not affect
bookings made prior to the effective date of the fee change. If you disagree with a fee change you
may terminate this agreement at any time pursuant to Section 13.2.
12. Karta Platform Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent
● Act with integrity and treat others with respect
○ Do not lie, misrepresent something or someone, or pretend to be someone else.
○ Be polite and respectful when you communicate or interact with others.
○ Follow our Nondiscrimination Policy and do not discriminate against or harass
● Do not scrape, hack, reverse engineer, compromise or impair the Karta Platform
○ Do not use bots, crawlers, scrapers, or other automated means to access or collect
data or other content from or otherwise interact with the Karta Platform.
○ Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security
or technological measure used to protect the Karta Platform or Content.
○ Do not decipher, decompile, disassemble, or reverse engineer any of the software or
hardware used to provide the Karta Platform.
○ Do not take any action that could damage or adversely affect the performance or
proper functioning of the Karta Platform.
● Only use the Karta Platform as authorized by these Terms or another agreement with us
○ You may only use another Member’s personal information as necessary to facilitate a
transaction using the Karta Platform as authorized by these Terms.
○ Do not use the Karta Platform, our messaging tools, or Members’ personal
information to send commercial messages without the recipient’s express consent.
○ You may use Content made available through the Karta Platform solely as necessary
to enable your use of the Karta Platform as a Guest or Host.
○ Do not use Content unless you have permission from the Content owner or the use is
authorized by us in these Terms or another agreement you have with us.
○ Do not request, make, or accept a booking or any payment outside of the Karta
Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee
Policy for exceptions.
○ Do not require or encourage Guests to open an account, leave a review, complete a
survey, or otherwise interact, with a third party website, application or service before,
during or after a reservation, unless authorized by Karta.
○ Do not engage in any practices that are intended to manipulate our search algorithm.
○ Do not book Host Services unless you are actually using the Host Services.
○ Do not use, copy, display, mirror or frame the Karta Platform, any Content, any Karta
branding, or any page layout or design without our consent.
● Honor your legal obligations
○ Understand and follow the laws that apply to you, including privacy, data protection,
and export laws.
○ If you provide us with someone else’s personal information, you: (i) must do so in
compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us
○ Read and follow our Terms, Policies and Standards.
○ Do not organize or facilitate unauthorized parties or events. You are responsible and
liable for any party or event during your reservation that violates our rules for parties
and events, as incorporated by reference herein.
○ Do not use the name, logo, branding, or trademarks of Karta or others without
○ Do not use or register any domain name, social media handle, trade name, trademark,
branding, logo, or other source identifier that may be confused with Karta branding.
○ Do not offer Host Services that violate the laws or agreements that apply to you.
○ Do not offer or solicit prostitution or participate in or facilitate human trafficking.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of
harm to a person or property, you should immediately contact local authorities before contacting
Karta. In addition, if you believe that a Member, Listing or Content has violated our Standards, you
should report your concerns to Karta. If you reported an issue to local authorities, Karta may request
a copy of that report. Except as required by law, you agree that we are not obligated to take action in
response to any report.
12.3 Copyright Notifications. If you believe that Content on the Karta Platform infringes copyrights,
please notify us in accordance with our Copyright Policy.
13. Termination, Suspension and other Measures.
13.1 Term. The agreement between you and Karta reflected by these Terms is effective when you
access the Karta Platform (for example to create an account) and remains in effect until either you
or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by
deleting your account. Karta may terminate this agreement and your account for any reason by
giving you 30 days’ notice via email or using any other contact information you have provided for
your account. Karta may also terminate this agreement immediately and without notice and stop
providing access to the Karta Platform if you breach these Terms, you violate our Policies, you
violate applicable laws, or we reasonably believe termination is necessary to protect Karta, its
Members, or third parties. If your account has been inactive for more than two years, we may
terminate your account without prior notice.
13.3 Member Violations. If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate
applicable laws, regulations, or third-party rights, or (iii) Karta believes it is reasonably necessary to
protect Karta, its Members, or third parties; Karta may, with or without prior notice:
● suspend or limit your access to or use of the Karta Platform and/or your account;
● suspend or remove Listings, Reviews, or other Content;
● cancel pending or confirmed bookings; or
● suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as Karta determines in its sole discretion, you
will be given notice of any intended measure by Karta and an opportunity to resolve the issue. You
may appeal actions taken by us under this Section by contacting customer service. If a reservation is
cancelled under this Section, the amount paid to the Host will be reduced by the amount we refund
or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.
13.4 Legal Mandates. Karta may take any action it determines is reasonably necessary to comply
with applicable law, or the order or request of a court, law enforcement, or other administrative
agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a Host and terminate your Karta account, any confirmed
booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate
your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund
will depend upon the terms of the reservation’s cancellation policy. When this agreement has been
terminated, you are not entitled to a restoration of your account or any of your Content. If your
access to or use of the Karta Platform has been limited, or your Karta account has been suspended,
or this agreement has been terminated by us, you may not register a new account or access or use
the Karta Platform through an account of another Member.
13.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination
of this agreement, including Sections 2 through 26.
Karta may modify these Terms at any time. When we make material changes to these Terms, we will
post the revised Terms on the Karta Platform and update the “Last Updated” date at the top of these
Terms. We will also provide you with notice of any material changes by email at least 30 days before
the date they become effective. If you disagree with the revised Terms, you may terminate this
agreement immediately as provided in these Terms. If you do not terminate your agreement before
the date the revised Terms become effective, your continued access to or use of the Karta Platform
will constitute acceptance of the revised Terms.
15. Resolving Complaints and Damage Claims.
If a Member provides evidence that another Member damaged their real or personal property
("Damage Claim"), the complaining Member can seek compensation through Customer Support. If
the complaining Member escalates a Damage Claim to Karta, the other Member will be given an
opportunity to respond. If the responding Member agrees to pay, or Karta determines in its sole
discretion that they are responsible for the Damage Claim, Karta via Karta Payments can collect any
sums required to cover the Damage Claim from the responding Member and/or against any security
deposit. You agree that Karta may seek to recover from you under any insurance policies you
maintain and that Karta may also pursue against you any remedies it may have available under
applicable law. You agree to cooperate in good faith, provide any information Karta requests, execute
documents, and take further reasonable action, in connection with Damage Claims, Member
complaints, claims under insurance policies, or other claims related to your provision or use of Host
16. Karta’s Role.
We offer a platform that enables Members to publish, offer, search for, and book Host Services.
While we work hard to ensure our Members have great experiences using Karta, we do not and
cannot control the conduct of Guests and Hosts. You acknowledge that Karta has the right, but does
not have any obligation, to monitor the use of the Karta Platform and verify information provided by
our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate,
secure and improve the Karta Platform (including for fraud prevention, risk assessment,
investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms;
(iii) comply with applicable law or the order or requirement of a court, law enforcement or other
administrative agency or governmental body; (iv) address Content that we determine is harmful or
objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or
eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria.
Members acknowledge and agree that Karta administers its Policies (such as our Extenuating
Circumstances Policy) and Standards (such as basic requirements for hosts), including decisions
about whether and how to apply them to a particular situation, at its sole discretion. Members agree
to cooperate with and assist Karta in good faith, and to provide Karta with such information and take
such actions as may be reasonably requested by Karta with respect to any investigation undertaken
by Karta regarding the use or abuse of the Karta Platform. Karta is not acting as an agent for any
Member except for where Karta Payments acts as a collection agent as provided in the Payments
17. Member Accounts.
You must register an account to access and use many features of the Karta Platform. Registration is
only permitted for legal entities, partnerships and natural persons who are 18 years or older. You
represent and warrant that you are not a person or entity barred from using the Karta Platform under
the laws of the United States, your place of residence, or any other applicable jurisdiction. You must
provide accurate, current, and complete information during registration and keep your account
information up-to-date. You may not register more than one account or transfer your account to
someone else. You are responsible for maintaining the confidentiality and security of your account
credentials and may not disclose your credentials to any third party. You are responsible and liable
for activities conducted through your account and must immediately notify Karta if you suspect that
your credentials have been lost, stolen, or your account is otherwise compromised. If and as
permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or
other information, (ii) undertake checks designed to help verify your identity or background, (iii)
screen you against third-party databases or other sources and request reports from service
providers, and (iv) obtain reports from public records of criminal convictions or sex offender
registrations or their local equivalents.
18. Disclaimer of Warranties.
We provide the Karta Platform and all Content “as is” without warranty of any kind and we disclaim
all warranties, whether express or implied. For example: (i) we do not endorse or warrant the
existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host
Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the
Karta Platform; and (iii) we do not warrant that verification, identity or background checks
conducted on Listings or Members (if any) will identify past misconduct or prevent future
misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate
only that the Member or Listing or Karta has completed a relevant verification or identification
process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted
by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such
statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
19. Limitations on Liability.
Neither Karta (including its affiliates and personnel) nor any other party involved in creating,
producing, or delivering the Karta Platform or any Content will be liable for any incidental, special,
exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service
interruption, computer damage or system failure or the cost of substitute products or services, or
for any damages for personal or bodily injury or emotional distress arising out of or in connection
with (i) these Terms, (ii) the use of or inability to use the Karta Platform or any Content, (iii) any
communications, interactions or meetings you may have with someone you interact or meet with
through, or as a result of, your use of the Karta Platform, or (iv) publishing or booking of a Listing,
including the provision or use of Host Services, whether based on warranty, contract, tort (including
negligence), product liability or any other legal theory, and whether or not Karta has been informed
of the possibility of such damage, even if a limited remedy set out in these Terms is found to have
failed of its essential purpose.
Except for our obligation to transmit payments to Hosts under these Terms, in no event will Karta’s
aggregate liability for any claim or dispute arising out of or in connection with these Terms, your
interaction with any Members, or your use of or inability to use the Karta Platform, any Content, or
any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month
period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in
the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred
U.S. dollars (US$100).
These limitations of liability and damages are fundamental elements of the agreement between
you and Karta. If applicable law does not allow the limitations of liability set out in these Terms, the
above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Karta’s
option), indemnify, and hold Karta (including Karta Payments, other affiliates, and their personnel)
harmless from and against any claims, liabilities, damages, losses, and expenses, including,
without limitation, reasonable legal and accounting fees, arising out of or in any way connected
with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a
product or feature) or our Policies or Standards, (ii) your improper use of the Karta Platform, (iii)
your interaction with any Member, stay at an Accommodation, participation in an Experience or
other Host Service, including without limitation any injuries, losses or damages (whether
compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with
or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your
direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or
third party rights such as intellectual property or privacy rights.
21. Contracting Entities.
Based on your country of residence or establishment and what you are doing on the Karta Platform,
Schedule 1 below sets out the Karta entity with whom you are contracting. If we identify through the
Karta Platform, an Karta entity other than the one set out on Schedule 1 as being responsible for a
product, feature or transaction, the Karta entity so identified is your contracting entity with respect to
that product, feature or transaction. If you change your country of residence or establishment, the
Karta company you contract with (as set out on Schedule 1) and the applicable version of the Terms
of Service will be determined by your new country of residence or establishment, from the date on
which your country of residence or establishment changes.
22. Governing Law and Venue.
These Terms will be interpreted in accordance with English Law, without regard to conflict-of-law
provisions. The application of the United Nations Convention on Contracts for the International Sale
of Goods (CISG) is excluded. The parties irrevocably agree that the courts of England shall have
exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including
any non-contractual dispute, controversy or claim) arising out of or in connection with this
agreement, including any question regarding its existence, validity, formation or termination. For
these purposes, each party irrevocably submits to the jurisdiction of the English courts. Nothing in
this clause limits the right of Karta Payments, Karta, or any of its affiliates, to bring proceedings,
including third party proceedings, against you in any other court of competent jurisdiction, and the
bringing or continuing of proceedings in any one or more jurisdictions shall not preclude the bringing
of proceedings in any other jurisdiction, whether concurrently or not, if and to the extent permitted by
23.1 Other Terms Incorporated by Reference. Our Guest Refund Policy, Content Policy,
Nondiscrimination Policy, Extenuating Circumstances Policy, Policies, Standards and other
supplemental policies and terms linked to in these Terms apply to your use of the Karta Platform, are
incorporated by reference, and form part of your agreement with Karta.
23.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions,
policies, guidelines, standards, and in-product disclosures, these Terms (including those items
incorporated by reference) constitute the entire agreement between Karta and you pertaining to your
access to or use of the Karta Platform and supersede any and all prior oral or written understandings
or agreements between Karta and you. These Terms do not and are not intended to confer any rights
or remedies upon anyone other than you and Karta. If any provision of these Terms is held to be
invalid or unenforceable, such provision will be struck and will not affect the validity and
enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes
an obligation with the same meaning as “shall.”
23.3 No Waiver. Karta’s failure to enforce any right or provision in these Terms will not constitute a
waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as
expressly set forth in these Terms, the exercise by either party of any of its remedies under these
Terms will be without prejudice to its other remedies under these Terms or otherwise permitted
23.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and
obligations hereunder without Karta's prior written consent. Karta may without restriction assign,
transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion,
with 30 days’ prior notice.
26.5 Notice. Unless specified otherwise, any notices or other communications to Members
permitted or required under this agreement, will be provided electronically and given by Karta via
email, Karta Platform notification, messaging service (including SMS and WeChat), or any other
contact method we enable and you provide. If a notification relates to a booking or Listing in Japan,
you agree and acknowledge that such notifications via electronic means in lieu of a written
statement, satisfies Karta’s obligations under Article 59 (1) of the Japanese Housing
Accommodation Business Act.
26.6 Third-Party Services. The Karta Platform may contain links to third-party websites,
applications, services or resources (“Third-Party Services”) that are subject to different terms and
privacy practices. Karta is not responsible or liable for any aspect of such Third-Party Services and
links to such Third-Party Services are not an endorsement.
26.7 Google Terms. Some translations on the Karta Platform are powered by Google. Google
disclaims all warranties related to the translations, express or implied, including any warranties of
accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose
and non-infringement. Some areas of the Karta Platform implement Google Maps/Earth mapping
services, including Google Maps API(s) and Maptiler mapping services. Your use of Google
Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service and MapTiler
AG General Terms and Conditions.
26.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to
Apple’s Licensed Application End User License Agreement.
26.9 Karta Platform Content. Content made available through the Karta Platform may be protected
by copyright, trademark, and/or other laws of the United Kingdom, Poland, and other countries. You
acknowledge that all intellectual property rights for that Content are the exclusive property of Karta
and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark,
service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare
derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit,
broadcast or otherwise exploit any Content accessed through the Karta Platform except to the
extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to
your compliance with these Terms, Karta grants you a limited, non-exclusive, non-sublicensable,
revocable, non-transferable license to (i) download and use the Application on your personal
device(s); and (ii) access and view the Content made available on or through the Karta Platform and
accessible to you, solely for your personal and non-commercial use.
26.10 Force Majeure. Karta shall not be liable for any delay or failure to perform resulting from
causes outside its reasonable control, including, but not limited to, acts of God, natural disasters,
war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents,
pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor
26.11 Emails and SMS. You will receive administrative communications from us using the email
address or other contact information you provide for your Karta account. Enrollment in additional
email subscription programs will not affect the frequency of these administrative emails, though you
should expect to receive additional emails specific to the program(s) to which you have subscribed.
You may also receive promotional emails from us. No fee is charged for these promotional emails,
but third-party data rates could apply. You can control whether you receive promotional emails using
the notification preferences in your account settings. Please note that you will not be able to take
advantage of certain promotions if you disable certain communication settings or do not have an
Karta account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject
to our SMS Terms.
26.13 Contact Us. If you have any questions about these Terms please email us.