Updated January 4th, 2023
1. Scope and definitions
1.1 This document contains the terms and conditions and general rules for the registration and use of the following products: a) Fogg Shared homes; and b) Fogg Private homes (the "Products"). By purchasing any of the Products, you: (a) certify that you are an adult with full authority to enter into this agreement; (b) certify that you have read and understand and agree to these Terms and Conditions and also agree to our Privacy Statement as contained in the Privacy Statement; and, (c) agree that these Terms and Conditions constitute a binding agreement governing your rights as a participant and the relationship between you and Fogg. You also agree to receive communications from Fogg, including messages that we may send to you by e-mail, phone call, SMS, and/or text message. By providing us with your contact information, you are confirming that you want Fogg to send you information that we think may be of interest to you, which may include Fogg's use of automatic dialing technology to send you text messages or call you at the cell phone number you have provided.
1.2 For the purposes of these Terms and Conditions:
"Fogg Portal" are/is the portal operated by Fogg and the services and benefits offered through https://www.foggapp.com/;
"User/Member/You" are the individual persons registered on the portal as a user.
"Fogg Location " is the participating Fogg operator of accommodation which is offered through the Fogg Portal.
"Accommodation" is the Fogg houses offered by us.
"Products" refers to Fogg Shared homes and Fogg Private homes, defined further herein.
2.1 The services offered by Fogg are not freely accessible; Fogg reserves its right at its sole discretion to accept, decline to accept, or remove any participant or guest on any of the Products. Only persons who are of legal age (at least 18 years old) and have full legal capacity are authorized to acquire a Products. The Products are personal.
2.2 Detailed information about your current Products purchase is retrievable at any time on the https://www.foggapp.com/.
3. Payments and Taxes
3.1 All Products prices are listed in the Fogg Portal and shall only be paid via our accepted credit cards (Visa and Mastercard) on booking and prior to your arrival.
3.2 We use various third-parties for billing and payment processing options ("Payment Processors"). The Payment Processors use and store the financial information you provide, and the processing of payments and billing will be subject to the terms, conditions, and privacy policies of the Payment Processors in addition to these Terms and Conditions. We are not responsible for error by the Payment Processors. By purchasing any of the Products, you agree to pay us, through Payment Processors, all charges at the prices then in effect for the applicable Products in accordance with the payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider ("Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processors may make even if it has already requested or received payment.
3.3 The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, lender, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processors, do not receive payment from you, you agree to pay all amounts due upon demand.
3.3 All booking and stays on Shared homes or Private homes include value-added tax (VAT). All other income or other local taxes shall be paid separately at each of the Fogg Locations. You are responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which you've acquired a Products. Fogg will not be liable for any tax liability, duty or other charges in connection you're your redeeming, booking and/or checking in/out of a stay under the Products. In addition, to the extent Fogg is subject to any liability related to your failure to pay income or other taxes, you shall be required to fully indemnify and hold harmless Fogg for the entire amount of such liability.
4. Term and Cancellation of a Product
4.1 The Products shall only be applicable and used for the duration of time you have purchased these for.
4.2 Products package cancellations are only refundable if the cancellation is made within the next 24 hours of package purchase. All package deals are non-refundable and non-cancelable.
4.3 After a Products purchase, we will provide you with a payment receipt with the amounts as paid.
4.4 In case of a package cancellation during the prepaid period, the package shall remain active, and the user can make reservations up until the end of the prepaid period.
5. Products Specific Provisions
5.1 Private homes and Shared homes - are our monthly plans. You can purchase a monthly stay based on room type and region, which will give you access to reservations at Fogg locations each month.
a) Purchase and Booking Window
i) A first check-in date must be submitted at least 15 days prior to your arrival. Your month begins on the first day of your subscription.
ii) Under the Private homes and Shared homes, no maximum check-ins per month.
iii) The payment will be made 15 days before your arrival date in the accommodation.
b) Cancellations and Modifications
i) You may not cancel your stay more than 30 days prior to your arrival.
ii) Cancellations made within 30 days of the first check-in date are non-refundable.
iii) If you wish to change a reservation (i.e., change your membership plan), you must first notify the Fogg Team at firstname.lastname@example.org.
iv) Changes to the arrival date must be notified to the Fogg Team at email@example.com.
v) Cancellations due to medical emergencies, bereavement and changes due to medical emergencies, bereavement or flight cancellations will only be refunded/subject to any penalties upon presentation of valid and official proof of these situations.
vi) For COVID positive travelers with valid proof of vaccination status, packages will be paused.
c) Accommodation and Black-out Dates
i) At each membership renewal (once a month), you can switch between Fogg Orange pass, Fogg Green Pass and Fogg Blue Pass memberships.
D) Additional Occupancy
i) The number of occupants cannot exceed the occupancy limit of the room type listed on the Fogg portal.
ii) With the Fogg Orange pass, Fogg Green Pass and Fogg Blue Pass memberships, you can invite a guest at no extra charge whenever you want, except in the - D) iii) - condition below.
iii) A single bed in a room can only accommodate one guest.
6. Products Discounts, Other Offers and non-applicable offers
6.1 Product users will have a country manager included.
6.2 Free weekly cleaning.
6.3 Access to the Fogg (Whatsapp) community portal.
7. Cleaning, Children, Extra Beds, and Pets Policies
7.1 All package rooms will be cleaned once a week.
7.2 You may not bring a child under the age of 18 to a Fogg accommodation.
7.3 Pets are strictly prohibited in our accommodations.
8.Products Rules for Stays & the Community Portal
8.1 You must respect all common and private areas of the apartment, no loud noise or disturbance of any kind is allowed. You must clean up after yourself in all common areas, including washing dishes, utensils, cups, and any other used items.
8.2 Harassment of any kind towards our staff or other guests and visitors is not tolerated. You must be respectful of other guests, staff and visitors.
8.3 You must take care of your personal belongings as they are your sole responsibility.
8.4 You must pay attention to your water and electricity consumption and to the disposal of waste (recycling).
8.5 You must respect the hours of silence, especially on weekdays.
8.6 You must follow all Fogg guidelines, rules and instructions as posted in the accommodations and as guided by the countries manager in writing.
8.7 You must treat everyone with respect on the Fogg Community Whatsapp. Discussion is encouraged, but kindness is required.
These rules are designed to give you and all other guests the best experience possible. Failure to follow any of these rules will result in immediate termination of your stay and your purchased Product package and you will be evicted from the premises without Fogg being responsible for any method of transportation or accommodation at another hotel.
9.Booking a Stay under Orange Pass homes, Green Pass homes, and Blue Pass homes
9.1 Subject to the conditions set out in 5. Product Specific Provisions, the products you have purchased entitle you to make a reservation at the accommodations listed on the Fogg portal.
9.2 The right to book and apply discounts (if any) only applies if the accommodation at the Fogg site is available on the booking date you have chosen.
9.3 We will confirm to you whether the booking date is available for your stay under your Purchased Products.
9.4 You are not permitted to make a reservation on two separate Fogg Sites for the same set of dates. You may only book at the Fogg Site where you intend to stay.
10. Amendments to the Terms and Conditions
10.1 Fogg reserves the right to amend these Terms and Conditions at any time and without reason. In case of amendment, the new Terms and Conditions will be posted on the Fogg Portal.
11.1 No Warranties or Representations, Express or Implied. Fogg makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Products or by Fogg Locations.
11.2 Not Responsible for Acts, Errors, or Omissions. Fogg is not responsible for: (a) any loss or misdirection of, or delay in receiving, a) correspondence, redemption requests, bookings; (b) theft or unauthorized redemption or use of any of the credit for stays or bookings; (c) any acts or omissions of third parties (including, without limitation, any Fogg Locations); or (d) any errors published in relation to the Products, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Fogg Locations, and Products affiliates (if applicable), and errors in the crediting or debiting of credits for stays or bookings. Fogg reserves the right to correct, without notice, any errors.
11.3 Interpretation of the Orange Pass, Green Pass, and Blue Pass Terms and Conditions. All interpretations of these Terms and Conditions are at Fogg’s sole and absolute discretion, and Fogg’s decisions will be final in all respects. In the event of any discrepancy between the English version and any translated version of these Terms and Conditions, the English language version will govern.
11.4 Trademarks. Fogg and the Fogg Locations are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of Fogg, its affiliates, and the Fogg Locations. Members shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.
11.5 Waiver. Fogg’s waiver of any breach of these Terms and Conditions by you will not constitute a waiver of any other prior or subsequent breach of these Terms and Conditions. Fogg’s failure to insist upon strict compliance with these Terms and Conditions by you or any other member will not be deemed a waiver of any rights or remedies Fogg may have against you. Fogg may waive compliance with these Terms and Conditions in its sole discretion and may run promotions from time to time that provide enhanced benefits to select participants.
11.6 LIMITATION OF LIABILITY. IN NO EVENT WILL FOGG, ITS SUBSIDIARIES AND AFFILIATES, ITS FRANCHISEES OR LICENSEES, ANY PARTICIPATING PROPERTY, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE Products, THESE TERMS AND CONDITIONS, OR FOGG’S OPERATION OF THE Products.
11.7 Governing Law and Alternative Dispute Resolution/Waiver of Jury Trial. Fogg and you agree that any controversy, dispute or claim arising out of or relating to the Products or these Terms and Conditions will be handled individually without any class action and any such controversy, dispute or claim that cannot be settled through direct discussions, they will endeavor first to settle the controversy or claim by a mediation administered by the International Center for Dispute Resolution ("ICDR") under its then-applicable rules and procedures. If the dispute is not otherwise resolved through direct discussions or mediation, the Parties agree that the controversy or claim, including the scope or applicability of this agreement to arbitrate, will then be resolved by final and binding confidential arbitration in Miami, Florida, to be administered by ICDR in accordance with its then-applicable arbitration rules and procedures, including without limitation the rule providing that each party will pay its pro rata share of ICDR fees and expenses and the rules providing for limited discovery and other exchange of information. The ICDR rules are available at www.ICDR.org. The ICDR rules for selection of a single arbitrator will be followed.
11.8 Applicable Local Laws and Regulations/Severability. The use of any of the Products by you and redeeming the credit for stays when applicable are subject to all applicable local laws and regulations. If any part of these Terms and Conditions is held to be unlawful or unenforceable, that part will be deemed deleted from these Terms and Conditions in such jurisdiction and the remaining provisions will remain in force, subject to any other provisions included in these Terms and Conditions. Nothing in the Terms and Conditions shall be construed as limiting any right that you may have pursuant to local applicable law.
11.9 Entire Agreement. These Terms and Conditions, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between Fogg and you relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may only be amended or modified by us, such amendments or modifications shall be available on the Fogg Portal.