TERMS & CONDITIONS
1. Acceptance of Terms
2. Our Role
5. Changes and Cancellations by Retail Tenants
6. Cancellations by Pop-Up Shops To-Go
7. Complaints and Our Responsibility and Liability to You
8. Behavior of Retail Tenants
11. Applicable Law and Jurisdiction
Acceptance of Terms
1.1 By accessing our Site and/or using our Service as a potential Retail Tenant, You agree to be bound by these Terms, which You acknowledge to have read and understood.
1.2 We reserve the right, at our sole discretion, to change these Terms at any time. You must review these Terms on a regular basis to keep yourself informed of any changes.
1.3 By using this Site, You agree that the posting of new or revised Terms on the Site shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the Site shall constitute Your consent to such changes.
2.1 The Site is merely a platform that enables You to connect and conclude rental transactions with Pop-Up Shops To-Go. Pop-Up Shops To- Go disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law.
2.2 The legal contract for the supply of space and rental transactions is between Landlords and Tenants, being a license to occupy the Landlord’s space during the agreed period as detailed in the Landlord’s booking confirmation but should not be or intended to be a tenancy or lease or grant of exclusive possession of such space. Rental transactions in respect thereof are only binding among Landlords and Tenants, who are both solely and entirely responsible for their performance and Pop Up Shops disclaims all liability arising from or in connection with such transactions. If You, enter into a rental transaction with Us for the booking of a property listed on the Site, You understand and agree that you will be required to agree terms with the Us and You agree to accept those terms, and any conditions, rules and restrictions associated with such property as imposed by Pop Up Shops To Go.
3.1 You are offered to request a booking through the Site by following the processes for making a booking request set out on the Site and clicking on the appropriate confirmation button or booking link (via Your Account or email). It is important that You check the information entered and correct any errors before making a booking request since once You click on such button or link, input errors cannot be corrected. If at any time prior to clicking on the appropriate confirmation button or link, You (the Tenant) decide that You do not wish to proceed with Your booking request, You should close the application window.
3.2 Once Your booking request has been made, We will then notify You by email and in their Account to accept or reject the booking request. We are required to either confirm or reject Your booking request within 7 days of that request, after which the booking request shall automatically expire. If the booking request is subsequently accepted, You will receive an email confirming the booking. The payment process described under Section 4 below will also apply upon receipt of a booking confirmation.
3.3 Once such contact details have been provided, all communication for example, concerning details and information about the booking and rental transaction, including, without limitation, arrival times and procedures.
3.4 You will be able to access details of Your booking confirmation through Your Account.
3.5 Upon receipt of a booking confirmation, Retail Tenants enter into a direct contract with Pop-Up Shops To-Go. We are not obliged to make any property available until a booking confirmation has been sent by Us via the Site to Retail Tenants and a Retail Tenant is not guaranteed a booking with a Us until payment has been made by the Retail Tenant subject to these Terms.
3.6 If You request a booking, they will be responsible and liable to pay in full the rental rate due for such booking if accepted by Pop-Up Shops To-Go, in each case, to these Terms and any other terms and conditions specific to the booking as agreed between a Tenant and their Landlord. In order to secure collection of such payment, Tenants will be asked during the booking process to provide payment card information and billing address. Pop-Up Shops To- Go will also obtain a authorization on Your payment card for the total amount of Your booking request to ensure that You have the necessary amount of funds available to cover the transaction. If Your booking request is accepted for the dates set out in Your request, the payment process described under Section 4 will apply. If a booking request is refused, expires or is cancelled, any authorization of Your payment card will be released or as applicable, shall expire after a period of up to 30 days unless you contact us to request an earlier release.
3.7 If You cancel Your booking, the provisions and refund levels of Section 5 below will apply. Please note that no refunds will be provided after the last deadline set out in the cancellation policy selected by the concerned Landlord. Furthermore, our Fees (as defined below) are non-refundable.
4.1 Should You decide to book Us and the rental transaction is concluded via the Site, You, as a Retail Tenant, acknowledge and agree that You shall be required to pay an amount equal to the fees displayed for the rental amount on our Site and confirmed in each booking confirmation as agreed with Pop-Up Shops To-Go. The fees displayed in a Landlord’s listing have three components: (1) the rental rate and any additional charges set by Pop-Up Shops To-Go in respect of the rental transaction, any applicable taxes and fees –please see Section 4.8 below for information on any additional charges (for example, cleaning fees, a-la cart fees)
4.2 We shall collect a payment from You equal to the rental fee through the Site immediately when We accept Your booking and a booking confirmation is sent to You via email, as a Retail Tenant, You agree to pay for any booking You have requested that is so accepted by Us. As noted above, We are required to either accept or reject Your booking within 7 days of Your booking request.
4.3 We set the currency in which we require payment. For Retail Tenants’ convenience, the Site can display prices in a choice of currencies. Such converted prices are for information only and Retail Tenants payment cards will be debited in the currency set by the Us disclaims all or any liability in respect of any additional charges that may be charged to a Tenant by his or her bank related to Our collection of the payment in the currency set by Us.
4.5 As a Retail Tenant, You hereby authorize and agree that Pop-Up Shops To-Go shall debit (whether directly or indirectly via a third party payment processor, subject to that third party’s terms and conditions) Your payment card of the rental amount upon confirmation of Your booking. You also agree to pay any other charges agreed before the booking confirmation that weren’t included in the payment when You arrive at the property or as otherwise agreed. You will receive a further notification email for receipt of the payment.
4.6 The payment shall be taken by a debit from one of the acceptable payment methods listed on the Site, which may include debit and credit card (MasterCard, Visa, American Express or PayPal). Payments by cash or cheque are not accepted, and accordingly We cannot be held liable for any loss of cash or cheques. You will also be asked to provide customary billing information such as name, billing address and payment information. As a Retail Tenant, You agree to pay all fees and charges contained in the booking confirmation as accessed through Your Account, irrespective of whether the Service was accessed by You or by a third party using Your Account. It is Your responsibility to take all measures that are necessary to ensure that Your password remains secret and to prevent the use or misuse of such password by any unauthorized person. You shall notify Us promptly if You discover or suspect that Your password has become accessible to or has been misused by any unauthorized third party, so that We can block Your account.
4.7 In some circumstances, and in addition to the billing and payment information You provide under paragraph 4.6 above, We may require You to produce some proof of Your identity. This can be requested at the time of booking, during payment processing or at any other time thereafter (including after You have started Your lease). We reserve the right to cancel Your booking if You do not provide such proof of identity when requested.
4.8 We may impose additional charges such as a refundable breakage deposit, cleaning fees, late check-out fees, etc. that Retail Tenants must pay but that are not included or factored in the Booking Fee. To be valid, such additional charges must be expressly stated in the relevant listing at the time of booking by the Tenant (as evidenced by Pop-Up Shops To- Go systems). Retail Tenants must pay such charges directly to Us as agreed (for example, upon arrival or check-out).
Changes and Cancellations by Tenants
5.1 If Retail Tenants want to change their booking, such Retail Tenants will need to contact and communicate with Us directly on such changes. Retail Tenants should note however that as they have previously agreed and accepted terms in respect of the booking, We are entitled to, and may therefore, charge Retail Tenants additional charges for such changes.
5.2 Retail Tenants can cancel their booking at any time subject to and in accordance with the Cancellation Policy and payments due under such policy in the event of a cancellation will be deducted from any refund to Retail Tenants and remitted by Us (We will retain our Fees, which are non-refundable).
5.3 Cancellation policies protect both parties in the event of cancellations. The policy will be displayed in the booking summary page and the booking confirmation email. Retail Tenants are advised to carefully read these Terms, the booking summary page and the booking confirmation, particularly in relation to the cancellation policy:
Flexible “1 Week”:
Bookings cancelled up to 1 week (7 days) before the start of the lease will receive a 100% refund (after our Fees have been deducted)
Bookings cancelled up to 1 day before the start of the lease will receive a 50% refund (after our Fees have been deducted)
Cancellations must be made by 12 midday EST (Eastern Standard Time) on the appropriate day.
Cancellations by Pop Up Shops
We reserve the right to cancel any booking at any time for security, fraud-protection purposes, pursuant to the Cancellation Policy, or any other reasonable purpose. In such cases the cancellation policies will not apply, a full refund will be made to the card used for the booking.
Complaints and Our Responsibility
(i) Our Liability to Retail Tenants
If You have a problem during your lease, please inform the Us immediately. . As a Retail Tenant, You will also be asked and entitled to leave a review about your rental experience on our Site. We only accept responsibility for any injury, illness or death, if caused by our own negligence and liability in respect of statutory rights that You may have against Us as a consumer that cannot be excluded or limited by law.
Exclusions and limitations
We cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government. We reserve the right to cancel any booking affected by such circumstances.
Our aggregate liability to Retail Tenants under or in relation to these Terms and/or any bookings made through the Site is limited to a maximum of three times the value of the booking in question. This limit does not apply to cases involving death or personal injury caused by our negligence.
To the extent permitted by law, We hereby exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) any liability for any direct, indirect or consequential loss or damage incurred by any Landlord or Tenant in connection with any booking including loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable law.
Behavior of Retail Tenants
8.1 As a Retail Tenant, You accept responsibility for your proper conduct during Your lease of the listed property. We shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) that You may incur as a result of Your lease being terminated early because of Your behavior or the behavior of members of Your party.
8.2 If You cause damage to rental property in which You are leasing, You must fully reimburse Us for the cost of the damage.
If any provision or part of a provision, of these Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part-provision will be struck out of these Terms and the remainder of these Terms will apply as if the offending provision or part-provision had never been agreed.
You may not transfer any of Your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without Your prior written consent.
Applicable Law and Jurisdiction
11.1 These Terms and all matters arising out of or relating to these Terms (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of Georgia to the extent that such law is not overridden by applicable mandatory law applying to You.
11.2 Any claim or dispute arising out of or relating to these Terms shall (including non-contractual disputes or claims and their interpretation) shall be subject to the non-exclusive jurisdiction of the courts of the city of Atlanta.
If you have any questions about these Terms, please contact Pop-Up Shops To-Go.