1. ABOUT OUR TERMS

1.1 These Terms of Use ("Terms") govern your use of Red Kite’s Guest Protection Platform (the "Platform"), an online platform providing identity verification, guest screening and booking management services for short term holiday lets (the “Services”), including the use of the [third-party] payment system incorporated into the Platform (the “Payment System”). The Platform is operated by Red Kite Travel Ltd, (trading as Red Kite), a company registered in England and Wales under company registration number 13378471 (“Red Kite”, “we” or “us”). Our registered office is at Arquen House, 4-6 Spicer Street, St. Albans, England, AL3 4PW.
1.2 When you book a property (the “Property”) managed by Red Kite (the “Booking”), whether you make such Booking via Airbnb, Booking.com, VRBO, Redkitestays.com or any other homestay or accommodation booking platform or website (the “Booking Platform”), you will be directed to the Platform to utilise the Services, as governed by these Terms. These Terms apply to any individual or organisation accessing the Platform for the purpose of using the Services.
1.3 For the avoidance of doubt, these terms do not apply to the Booking itself. Your Booking will be governed by the booking terms and conditions as set out on the relevant Booking Platform (the “Booking Conditions”). You should read the Booking Conditions carefully to ensure that you understand your rights and potential obligations and liabilities in connection with the Booking.
1.4 If you have any questions about these Terms or need any information, we’re happy to help. Please email us at booking@redkitehosts.com or contact us in writing at our registered office, Arquen House, 4-6 Spicer Street, St. Albans, England, AL3 4PW.
1.5 These Terms should be read in conjunction with our Privacy Policy. By agreeing to these Terms, you also confirm that you accept the Privacy Policy. Defined terms used and not otherwise defined herein shall have the meanings ascribed to them in the Privacy Policy.
1.6 We may amend these Terms from time to time in accordance with clause 2.2 so you should read these Terms even if you have used the Platform before to ensure that you are aware of the latest version of the Terms.

2. AGREEMENT AND CHANGES TO TERMS

2.1 These Terms govern your use of the Platform and the Services. By creating an account on the Platform or completing a payment or submitting personal data for the purpose of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform or the Services.
2.2 We may at any time amend these Terms upon reasonable notice to you. Such notice may be sent via email, posted on our website or published in any media that we deem appropriate. Any changes will apply to you seven days after the date of our email to you or the date on which we post the modified terms on the site, whichever is earlier. You are deemed to agree to such amendments if you use the Services after the effective date of such amendments.

3. IDENTITY VERIFICATION AND GUEST SCREENING

3.1 We provide the Services when you provide your personal data to us through the process set out on the Platform for the purposes of undertaking identity verification and guest screening services in relation to your Booking (the “Purpose”).
3.2 You understand that any personal data submitted via the Platform is solely for the Purpose or otherwise as set out in our Privacy Policy.
3.3 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at [insert link], which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
3.4 By using the Services, you consent to the processing of your personal data for verification purposes. Where applicable, you also consent to the lawful transfer of data to third-party processors or authorised entities, including those outside the UK, subject to appropriate safeguards such as standard contractual clauses.
3.5 We will not pass on personal data to third parties except in accordance with our Privacy Policy or where we are required by law to disclose that information. Where it is necessary for the delivery of the Services or for our internal business processes, we may share personal data with our processors, suppliers, contractors and/or third party partners. By using the Services, you agree that we may be obliged to make such disclosures.
3.6 When Red Kite (or any of our engaged third-party service providers) no longer needs to process the personal data (whichever is earlier), Red Kite will: (a) cease all use of the personal data; and (b) destroy the personal data (unless storage of any such personal data is required by applicable law, including any applicable data protection legislation).

4. ADDITIONAL PROVISIONS IN RELATION TO IDENTITY VERIFICATION

4.1 As part of the Services, we may use identity verification services provided by a third-party provider to verify your identity documents, confirm your identity and protect against fraud and abuse. 4.2 During this process, you may be asked to submit a valid passport, driver’s licence or other government-issued photo ID, along with a “selfie” image. The third-party provider will authenticate your identity document, and may use facial recognition technology to produce a unique biometric identifier based on facial geometry that can be used to compare your “selfie” image to the image on the identity document you provided, to determine the likelihood that the images are a “match.”
4.3 Red Kite does not receive the biometric identifier generated from the images. It is generated and held by the third-party provider until Red Kite informs them that the biometric identifier is no longer needed for the purposes described in these Terms of Use.
4.4 For identity verification and security purposes, Red Kite will have access to the “selfie” image and will receive the information extracted from the identity scan of the ID document as well as the results of the identity verification process. Red Kite may use this process and associated information to verify your identity, authenticate your identity documents, manage your booking and protect against fraud and misrepresentation.
4.5 Red Kite does not use, disclose or retain your biometric information for any other commercial purpose. Our third-party provider processes this information on our behalf strictly in accordance with our contractual agreement with such third-party provider.

5. DAMAGE COVERAGE

5.1 As part of the Services, the Platform provides two options for covering accidental loss or damage to the Property or any contents which occurs during the course of your Booking:
5.1.1 A non-refundable one-off payment, as protection against liability for accidental loss or damage to the Property or any contents up to a specific value (the “Guest Protection Payment”); or
5.1.2 A refundable damage deposit to cover the costs of any accidental loss or damage to the Property or any contents, with any balance of the deposit remaining to be returned to you after the conclusion of your stay (the “Damage Deposit”).
5.2 Both of these options solely cover accidental loss or damage sustained to a Property or its contents over the course of your Booking, and neither shall cover any other damage. Further terms in relation to the Guest Protection Payment and the Damage Deposit are set out below.
5.3 In the event that you do not pay any Guest Protection Payment or Damage Deposit within 2 days of the date of your booking, we reserve the right to cancel your Booking in accordance with the Booking Conditions.

5.4 GUEST PROTECTION PAYMENT

5.4.1 As part of the Services, we offer an optional, non-refundable Guest Protection Payment in respect of accidental loss or damage sustained to a Property or its contents, the amount of which shall be specified when using the Platform to make your selection. In the event that you select the Guest Protection Payment option, we shall, at our full and sole discretion, on our own behalf and on behalf of the owner of the Property, waive any right to charge you for accidental loss or damage to the Property or any contents up to the maximum total value that shall be presented on the Platform at the time that you might select it (the “Protection Amount”).
5.4.2 Any damage caused to the property shall be assessed by Red Kite, and Red Kite shall exercise its full discretion to determine whether the damage shall fall within the scope of the Guest Protection Payment or whether you shall be liable for any reasonable costs incurred in making good any such loss or damage.
5.4.3 The Guest Protection Payment shall only apply up to the maximum total value of the Protection Amount. Where any accidental loss or damage caused to the Property or any contents exceeds the Protection Amount, you agree to pay to Red Kite, acting on behalf of the owner of the Property, upon written demand, any reasonable costs incurred in making good any such loss or damage above the Protection Amount.
5.4.4 Where any loss or damage caused to the Property or any contents is deemed by us (acting reasonably) not to be accidental, you agree to pay to Red Kite, acting on behalf of the owner of the Property, upon written demand, any reasonable costs incurred in making good any such loss or damage.
5.4.5 The Guest Protection Payment is not an insurance policy.

5.5 DAMAGE DEPOSIT

5.5.1 Save where you select the Guest Protection Payment option, you shall be required to pay a Damage Deposit to us within 2 days of the date of your booking via the Platform, the amount of which shall be specified when making your selection on the platform, and such sum to be held by us to be held against the reasonable costs of repair or replacement of any accidental loss or damage which occurs to the Property or any contents during the course of your Booking.
5.5.2 Following completion of your stay, we will undertake an assessment of the Property and contents. In the event that we identify any loss or damage, we shall notify you of such loss or damage and following such notification shall be entitled to deduct the reasonable costs incurred in making good any such loss or damage from the Damage Deposit. Following any such deduction, the balance of the Damage Deposit shall be returned to you within 7 working days of the conclusion of the Booking.
5.5.3 When the reasonable costs of repair or replacement of any accidental loss or damage exceed the amount of the Damage Deposit, you agree to pay to Red Kite, acting on behalf of the owner, upon written demand, any such excess.
5.5.4 When the reasonable costs of repair or replacement of any accidental loss or damage exceed the amount of the Damage Deposit, you agree to pay to Red Kite, acting on behalf of the owner, upon written demand, any such excess.

6. PAYMENT

6.1 As part of the process of using the Platform to complete a booking, in selecting the option of a Guest Protection Payment or a Damage Deposit, you will be provided with a link to access the Payment System. On the successful completion of a booking and processing of a Payment, the funds go directly to Red Kite.
6.2 By making a Payment, you represent, warrant and undertake on a continuous basis to Red Kite that the payment of any funds used for such Payment will not result in a breach of applicable law. We reserve the right to cancel any Payments made via the Payment System without notice should we in our sole discretion suspect or determine that you have breached applicable law or any of these Terms (or pose any risk of doing so). We will not be liable to you for any losses that you suffer or incur as a result of us doing so.
6.3 If we suspect any fraudulent, criminal or improper activity is being carried out via the Payment System, in addition to terminating your access to or use of the Payment System and the associated services in accordance with these Terms, we may report or disclose information about you and/or your use of the Payment System and associated services to relevant law enforcement, at our sole discretion and without notice to you.

7. ACKNOWLEDGEMENTS AND OBLIGATIONS

As a condition of using the Platform and the Services, you acknowledge and agree that:
7.1 Your use of the Platform and the Services is on an ‘as is’ and ‘as available’ basis, and that your use of the Services is at your sole risk;
7.2 Red Kite does not make any representations or warranties as to the truth, accuracy, quality or completeness of information provided in connection with the Services;
7.3 You will not access the Platform and the Services in any jurisdiction other than the United Kingdom such that Red Kite’s provision of the Services would require Red Kite or Third-Party Service Providers to physically store data (of any kind) in that jurisdiction, without first obtaining Red Kite’s prior written consent;
7.4 Red Kite explicitly excludes any other conditions, guarantees, implied and statutory warranties or terms in relation to the Services, to the extent that we are allowed to by law;
7.5 You are also solely responsible for verifying that the amount that you are paying via the Payment System is correct; all Payments are made at your sole discretion and risk, and that Red Kite takes no steps to verify that the amount is correct, nor does it take any steps to investigate the use of Payment once the relevant funds have been transferred;
7.6 Red Kite is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer or data over communications networks and facilities, including the internet or any harm resulting from your use of the Platform or the Services.
7.7 You will only use the Platform and the Services in accordance with these Terms;
7.8 You will not use the Platform or the Services in any manner which violates any applicable law or regulation or unauthorised purpose;
7.9 You will not upload any information and/or material which is or contains any material which is defamatory of any person, sexually explicit, promotes violence, promotes discrimination whether based on race, sex, religion, nationality, disability, sexual orientation or age, infringes any copyright or trademark of any other person, that impersonates any person or to misrepresent your identity or affiliation with any person;
7.10 You will not encourage or assist any third party to do any of the foregoing.

8. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

8.1 The intellectual property rights in the Platform and Services, and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Platform (Content) are owned by us and our licensors.
8.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. Any unauthorised use of the Platform or the Content without our prior written permission is strictly prohibited.
8.3 Nothing in these Terms grants you any legal rights in the Platform or the Content other than as necessary for you to access it for the purposes for which we make it available. You agree not to adjust, try to circumvent or delete any notices contained on the Platform or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.

9. TERM AND TERMINATION

9.1 These Terms commence on the date you first use the Services and terminate either when you stop using the Services or if Red Kite terminates these Terms pursuant to this clause.
9.2 Red Kite reserves the right, at our sole discretion, to suspend or permanently deny your access to the Platform or the Services, immediately and without notice, where you breach these Terms including where there is any actual or suspected fraudulent, criminal or improper use of the Platform or the Services.
9.3 Termination under this clause will not affect any rights or remedies which we may have otherwise under these Terms or at law. Any rights that have accrued to either party at the date of termination will remain enforceable after termination.

10. GENERAL

10.1 Confidentiality. The Platform and the Services and associated materials are confidential information. You must keep that information secure and only use it in accordance with these Terms except as may be required by any applicable law. These confidentiality obligations survive the expiry or termination of these Terms.
10.2 Reservation of Rights. We reserve the right at our sole discretion to deny anyone access to the Platform and the Services (or any part thereof) without notice and to decline to provide the Services to anyone that is in breach of these Terms.
10.3 Force Majeure. We shall not be liable to you for any breach of these Terms or any failure to provide or delay in providing the Platform or the Services resulting from any event or circumstance beyond our reasonable control.
10.4 Waiver and Modification. No failure of either you or Red Kite in exercising any right or remedy under this agreement shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
10.5 Severability. If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected.
10.6 Governing Law. This agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.