Native Spaces Cancellation Policy
Last updated: 24 January 2023
This Cancellation Policy is incorporated into the Native Spaces Terms of Use and Service applicable to use of The Services and The Site. Please read this policy carefully. You may not use The Services if you do not agree to this Cancellation Policy.
Native Spaces is designed to help Space providers (Providers) and Event organisers (and guests) efficiently and conveniently complete Bookings. Every Booking is a Provider’s commitment to make a Space available to an Organiser. When Organisers cancel Bookings, the Provider’s ability to Book that Space during that time becomes increasingly difficult because other interested Organisers may have already made other plans. When Providers cancel Bookings, Organisers’ events and plans can be severely impacted and may require intensive logistical support from Native Spaces. Nonetheless, plans may change, requiring Organisers or Providers to cancel Bookings on occasion.
This Native Spaces Cancellation Policy covers all cancellations and refunds on the Site (www.native-spaces.com). Both Organisers and Providers are subject to and must comply with this Cancellation Policy when cancelling a Booking.
Native Spaces shall have final say in any dispute between Providers and Organisers regarding the application of cancellation policies.
Cancellation by the Organiser
If an Organiser wishes to cancel a booking, they must send a request to NATIVE SPACES (at [email protected]) and the Venue Provider concerned (via a message on the Platform).
The cancellation will only take effect when the Organiser has received a cancellation confirmation email from NATIVE SPACES.
Except for cancellations under the conditions specified in the article ‘specific types of cancellation: force majeure and/or valid reason,’ in the event that the Organiser cancels, regardless of the cancellation date, the Venue provider acknowledges and accepts that part of the Commission will remain due to NATIVE SPACES, i.e. 10% of the total Price invoiced by the Venue provider to the Organiser.
Nevertheless, since the Organiser was responsible for the cancellation:
- They shall be subject to the Venue provider’s cancellation policy (described below) and
- in any event, regardless of the cancellation date, the Organiser accepts that 10% of the total booking Price shall remain due to the Venue provider, such that any cancellation by the Organiser does not place a financial burden on the Venue provider.
In the event of cancellation, each Venue provider can choose their own cancellation policy, which must be specified in the Listing and the Quotation (in the event of contradiction, the provisions of the Quotation shall prevail). 3 types are possible:
- Flexible cancellation policy:
- If the Organiser cancels more than 14 days before renting the Venue, they will be reimbursed 90% of the Price (taking into account the 10% mentioned above),
- If the Organiser cancels more than 7 days but less than 14 days before renting the venue, the Organiser will be refunded 50% of the Price (including the above mentioned 10%),
- If the Organiser cancels less than 7 days before renting the Venue, the Price shall remain due.
- Moderate cancellation policy:
- If the Organiser cancels more than 30 days before renting the Venue, they will receive a 90% refund of the Price (taking into account the 10% mentioned above),
- If the Organiser cancels more than 14 days but less than 30 days before renting the venue, the Organiser will be refunded 50% of the Price (including the above mentioned 10%),
- If the Organiser cancels less than 14 days before renting the Venue, the Price shall remain due.
- Strict cancellation policy:
- If the Organiser cancels more than 30 days before renting the Venue, they will be reimbursed 50% of the Price (including the 10% mentioned above),
- If the Organiser cancels less than 30 days before renting the Venue, the Price shall remain due.
The Organiser will be refunded no later than 30 calendar days after the cancellation has been confirmed using the same method as that which they used to pay for their booking.
These cancellation policies are justified by the fact that if an Organiser cancels late, it makes it more difficult for the Venue provider to find a new Organiser at short notice.
Cancellation by the Venue provider
If a Venue provider wishes to cancel a booking, they must send a request to NATIVE SPACES (at [email protected]) and the Organiser concerned (via a message on the Platform).
Cancellation takes effect when the Venue Provider has received an email confirming the cancellation from NATIVE SPACES.
Except for cancellations under the conditions specified in the article ‘specific types of cancellation: force majeure and/or valid reason,’ the Venue provider acknowledges and accepts that:
(i) in any event, regardless of the cancellation date, a part of the Commission will remain due to NATIVE SPACES, i.e. 10% of the total Price invoiced by the Venue provider to the Organiser, for the cancelled reservation,
(ii) If the booking is cancelled less than 30 days before the rental period commences, NATIVE SPACES will invoice a penalty of 40% of the total Price due by the Organiser concerned by the cancellation.
In concrete terms, if the booking is cancelled less than 30 days before the rental period commences, the Venue provider shall owe NATIVE SPACES a penalty of 50% of the total Price (the 10% due for (i) and the 40% due for (ii))
However, the Organiser will be reimbursed in full in the event of cancellation by the Venue Provider. Consequently, any amount of the Price (and specifically the deposit) already paid by the Organiser to the Venue provider must be returned to them no later than 30 calendar days following the cancellation confirmation.
These cancellation costs are justified by the fact that a cancellation can disrupt the Organisers’ plans and may cause them to lose confidence in the NATIVE SPACES community.
Special types of cancellation: force majeure and/or valid reason
If the Venue provider or the Organiser cancels a booking for a venue due to a force majeure event as defined in the article on ‘Force majeure’ or another valid reason, the injured party must be able to choose another date for holding the event, or any alternative which is acceptable to the parties without having to pay any additional costs. If the Organiser and the Venue provider are not able to agree on another date, the Venue provider undertakes to refund the Organiser the amount of the Price already paid by the Organiser within 30 days as from the cancellation being confirmed.
If it concerns a cancellation for a valid reason: the Venue provider which is forced to cancel a booking for a valid reason must send a request to NATIVE SPACES (at [email protected]) asking that the cancellation be qualified as cancellation for a valid reason, and the Organiser concerned (via a message on the Platform).
NATIVE SPACES may then request the Member to provide a document substantiating the reasons for the cancellation.
In the event of cancellation due to force majeure or another valid reason, if the valid reason is proven and accepted by NATIVE SPACES, the Venue provider acknowledges and accepts that part of the Commission shall remain due to NATIVE SPACES, i.e., 3% of the Total price invoiced by the Venue provider to the Organiser. Nevertheless, if the cancellation is due to the Organiser, the Organiser accepts that 3% of the total booking price will remain due to the Venue provider, such that the Venue provider is not burdened financially by the Organiser’s cancellation. Otherwise, the provisions in the articles ‘Cancellation by the Organiser’ and ‘Cancellation by the Venue provider’ shall apply.
The following circumstances may be considered as valid reasons and/or force majeure events (if they fulfil the conditions mentioned in the article ‘Force majeure’), although this list is not exhaustive:
- The unexpected death or serious illness of the Venue provider, Organiser or a close family member of either,
- A serious injury which directly restricts an Organiser's ability to travel or the ability of the Venue provider to provide the booked Venue.
- a state of emergency declared by an applicable government agency which has a direct impact on the use of a Venue or the Organiser’s ability to travel to the Venue.
- urgent travel restrictions or severe security recommendations issued after the time of booking, by an appropriate government agency or office,
- serious material damage or unforeseen maintenance problems that directly impact the safe use of the Venue,
- an injunction or order from a court, a town council or a public service which directly restricts the use or access to a Venue,
- the outbreak of war or other government action