Operated by Tomin Group International Inc. (“Monkstays”)
Québec, Canada
legal@monkstays.com
www.monkstays.com
Effective Date: January 1, 2026
1. Purpose and Scope
This Liability Policy explains the allocation of responsibility and risk between:
- Monkstays;
- Hosts (religious institutions and approved providers);
- Guests; and
- Other Users of the Platform.
This Policy forms an integral part of the:
- User Terms of Service
- Guest Terms of Service
- Host Terms of Service
- Pricing Policy
- Refunds & Cancellations Policy
If there is any conflict, the specific booking-related Terms govern.
2. Marketplace Structure and Allocation of Responsibility
2.1 Independent Supplier Model
Monkstays operates solely as a digital marketplace intermediary.
- Hosts are independent suppliers of accommodation, retreats, and related services.
- Monkstays does not own, lease, operate, control, inspect, or manage any listed property.
- Monkstays does not employ Hosts or their personnel.
Nothing in the Platform creates a partnership, joint venture, employment, or agency relationship beyond limited payment collection.
2.2 Limited Payment Collection Agency
Monkstays acts solely as a limited payment collection agent for Hosts for the purpose of collecting booking payments.
Collection of funds does not:
- Transfer supplier liability to Monkstays;
- Make Monkstays responsible for accommodation performance;
- Create operational control over Host properties.
3. Host Responsibility
Hosts are solely responsible for:
- The safety, condition, and legality of their premises;
- Compliance with fire, zoning, building, accessibility, and health regulations;
- Local licensing and accommodation laws;
- Tax registration and remittance obligations;
- Accuracy of listing descriptions;
- Maintenance of appropriate insurance coverage.
Hosts warrant that their accommodation is safe and legally compliant in their jurisdiction.
Hosts outside Canada remain solely responsible for compliance with local laws in their jurisdiction.
4. Guest Responsibility
Guests are responsible for:
- Complying with Host house rules;
- Respecting religious and contemplative environments;
- Maintaining appropriate personal travel or health insurance;
- Their own personal safety and conduct;
- Damages caused by themselves or their invitees.
Guests assume the ordinary risks associated with travel and temporary lodging.
5. Platform Disclaimer
5.1 No Inspection or Certification
Monkstays does not inspect, certify, or guarantee:
- Structural safety;
- Fire safety compliance;
- Building code compliance;
- Sanitation standards;
- Religious program content;
- Accessibility compliance.
Verification processes do not constitute regulatory certification.
5.2 No Warranty of Service Quality
Monkstays makes no representations or warranties regarding:
- The quality or suitability of accommodations;
- The spiritual, religious, or retreat experience;
- The accuracy of Host representations;
- The conduct of Guests or Hosts.
The Platform is provided “as is” and “as available.”
6. Personal Injury and Property Damage
6.1 Injury Claims
Any claim relating to:
- Personal injury;
- Illness;
- Death;
- Emotional distress;
- Property damage occurring at a Host property;
must be directed to the Host as the accommodation provider.
Monkstays is not liable for incidents occurring at Host properties unless directly caused by Monkstays’ gross negligence or willful misconduct.
6.2 Damage Between Users
Monkstays may facilitate communication regarding damage claims, but is not an insurer and does not guarantee recovery of losses.
Hosts and Guests remain responsible for their own insurance coverage.
7. Host Protection Program (If Applicable)
Participation in any optional Host Protection Program:
- Does not constitute insurance;
- Does not create guaranteed coverage;
- Is subject to separate terms and eligibility conditions;
- May involve discretionary review.
Hosts are strongly encouraged to maintain independent insurance coverage.
8. Tax and Regulatory Liability
Hosts are solely responsible for:
- Tax registration;
- Tax classification (including small supplier or exempt status);
- Lodging or occupancy taxes;
- VAT, GST/HST, QST, or similar taxes;
- Regulatory compliance in their jurisdiction.
Monkstays is not liable for penalties, assessments, or audits arising from a Host’s tax or regulatory non-compliance.
9. Third-Party Service Providers
The Platform relies on third-party providers for:
- Payment processing;
- Hosting infrastructure;
- Communication services.
Monkstays is not responsible for:
- Bank processing delays;
- Card network failures;
- Currency exchange fluctuations;
- Third-party service outages.
10. Limitation of Liability
10.1 Monetary Cap
To the maximum extent permitted by law, Monkstays’ total aggregate liability arising from any claim related to the Platform shall not exceed the total service fees retained by Monkstays for the transaction giving rise to the claim.
10.2 Excluded Damages
Monkstays shall not be liable for:
- Indirect, incidental, consequential, punitive, or special damages;
- Loss of profits;
- Loss of goodwill;
- Loss of data;
- Business interruption.
10.3 Legal Limitations
Where local law prohibits limitation of certain liabilities, such limitations apply only to the maximum extent permitted.
11. Indemnification
Users agree to indemnify and hold harmless Monkstays, its directors, officers, employees, and affiliates from claims arising out of:
- Breach of Terms or Policies;
- Violation of law;
- Tax or regulatory non-compliance (if Host);
- Property damage or injury caused by the User;
- Misrepresentation of listings.
12. International Application
This Liability Policy applies worldwide.
Nothing in this Policy limits mandatory statutory rights applicable in the User’s jurisdiction.
13. Governing Law
This Policy is governed by the laws of the Province of Québec and applicable federal laws of Canada, without regard to conflict-of-law principles, and subject to mandatory local consumer protection laws.
Disputes shall be submitted to the civil courts of Montréal, Québec, Canada, subject to mandatory rights applicable in the User’s jurisdiction.
