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Vacation Rental Partners LLC (“Vaystays”) Owner Contract
THIS USER AGREEMENT (this “Agreement”) is made by and among Vacation Rental Partners LLC, an Indiana limited liability company (“the Company” or “Vaystays”), and Owner. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties to this Agreement hereby agree as follows:
2. Who we are and what we do.
2.1 Housing Rental Service Provider. The Company owns www.Vaystays.com, a website service that allows registered users who want to rent Housing (“Guests”) to find properties to rent from registered users who want to list their properties, including but not limited to property Owners, Owners’ agents, etc. (“Owners”). Please remember that the Company acts as a marketplace only to allow Guests and Owners to interact regarding property rentals. The Company is merely an Agent and is not a party to any rental agreement between Guests and Owners.
3. How to become a registered user.
3.1 Requirements. Requirements. To be a registered user of this Site, you must agree to accept the terms and conditions of this Agreement. You may only use the Services if you are able to form legally binding contracts, are over the age of 18, and are not temporarily or indefinitely suspended from our Sites. If you do not qualify, please do not use or try to use the Services. If you are under the age of 18, you may only use this site in conjunction with and under the supervision of your parents or guardians.
3.2 Registration. We will not accept any request from you to list a rental property before you have registered with us. To register, you must provide your legal and current name, address, phone number, and an active email address.
3.3 Email Address and Password. You will need an email address and password to access the Site and use the Services. You are solely responsible for maintaining the security of your email address and password and for all activity that occurs under your email address and password. You should not disclose your password to any other person.
4. Listing rental properties as an Owner.
4.1 Listing Process. A registered user who wants to list properties may list the properties in the the Company’s marketplace. As part of the listing process, the Owner assigns a rate to the property rental and provides information including but not limited to property type, description of property, number of bedrooms and layouts, number of bathrooms, number of people the property accommodates, cancelation policy, dates available, check-in time, check-out time, and other amenities at the time the listing was created.
4.2 Fixed Price Rentals. An Owner who lists a property (or properties) for rent on the site will do so using a fixed price rental. Under this system, the Owner sets a definite price at which the property will be reserved immediately when a Guest places a reservation request for the property
4.3 Owner Responsibility. Once an Owner lists a property and a reservation of a property from a Guest is confirmed from our system, the Owner is responsible for fulfilling the reservation with the exact property that the Owner listed. The Owner may be charged a convenience fee if Owner lists a property for rent and is unable to produce the exact property the Owner listed. The convenience fee will depend on how much it costs us to secure comparable or better replacement accommodations for the Guest pursuant to our Guest guarantee. The Company is not responsible for any errors made by the Owner in the listing or pricing of a property rental and is not liable for any such errors.
4.4 Payments. The Company shall hold all rental payments in escrow for Owners until 48 hours after the scheduled guest check-in period and until all disputes have been properly resolved with any Guests pursuant to Section 4.7 below. The Company shall be entitled to a 8.5% commission on all rental sums. In the event of a Guest cancellation, the Company shall be entitled to a full commission and the Owner shall receive any excess amount forfeited by the canceling Guest. To be clear, unless otherwise noted all Guests pay in full in advance and Guest cancellations in no way affect the net amount paid to Owner unless special payment arrangements have been made and confirmed with Owner.
In the event you have signed up with the Company through a property management software company such as Escapia or ISI, the Company will pay you for any rentals booked in accordance with the terms and conditions of those property management software companies.
4.5 Security Deposits and Insurance. The Company shall hold a security deposit from all Guests to protect Owners against damages to the properties. The Company shall work with the Owner to assure that the security deposit requested from Guest is approved by Owner. To the extent any damages to the rental property exceed the security deposit, the Company shall not be liable and the Owner hereby agrees to hold the Company harmless from any such damages. In the event Guests and Owner cannot reach an agreement as to any disputed damage amount, such amount shall be determined by the Company in their sole discretion. The Company shall not be responsible for obtaining insurance policies on the properties of any owners. The Company encourages the Owner to obtain a Landlord’s Insurance Policy on any property to be listed on the Site.
4.6 Term. This agreement shall be in effect as of the date first written above, and shall automatically renew annually on December 1 unless the Company or the Owner express in writing 10 days prior to December 1 of the current year their desire to terminate such agreement.
4.7 Mediation. The Company shall work with the Owner and Guest to resolve any disputes as to the security deposit following any rental. In the event that the Company is unable to adequately resolve any conflicts between the parties to their mutual satisfaction, the Company shall use their discretion to refund and/or capture all disputed security deposits amounts and shall provide the parties with each other’s legal contact information for any court purposes. Owner hereby agrees that the Company is not a party to any contract and is merely acting as the agent for the Owner, and hereby agrees to hold the Company harmless in any such legal actions related to security deposit dispute mediations.
5. Notifying the Owner of the reservation.
5.1 Notification. Once we obtain an authorization from a Guest, we notify the Owner of the property via email and/or telephone that a Guest has reserved the listed property at the listed rate. At this time, the Company verifies the authenticity of the reservation and reserves the right to cancel any reservation that it identifies as fraudulent.
5.2 Owner’s Confirmation. Once a home is listed as available in our system, it can be booked at any point by a guest. Once a home is booked, the Owner has confirmed that home as available for the dates promised. In the event the Owner wishes to terminate or cancel the rental at any point after the reservation is confirmed, the Company reserves the right to charge the Owner a de-listing fee for any such cancellations and all other charges necessary to fulfill the Guest’s Guarantee.
7. Your relationship with us.
7.1 Cancellations. As an Owner, you grant the Company permission to charge you if you, at any time, fail to deliver the property you’ve listed & rented or deliver invalid, fraudulent, counterfeit, or a misrepresented property rental. These charges may include, but are not limited to, the cost of replacement housing, coupons and gift certificates, shipping charges, refunds to the Guest, and other charges we incur to satisfy the Guest under the terms of the Company’s Guest’s Guarantee.
7.2 Release. The Company acts as a marketplace only to allow Guests and Owners to interact regarding property rentals. In all cases, the submission and confirmation of reservations are transactions between Guests and Owners only. The fulfillment of confirmed reservations is the responsibility of the Owner. If you have a dispute with one or more registered users, you release Company and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
7.3 Grant of License. You grant the Company a non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our affiliated companies or classified services such as Craiglist, HomeAway, VRBO, or any similar site, any content you may provide to the Company in connection with your use of the Company and its Services. You agree that the Company shall be permitted to use your name or user ID, home city and other ancillary information (for example, the number of years you have been a Vaystays user) in connection with the content in conjunction with Vaystays’s marketing, promotion and publicity efforts in any media known now or in the future; provided however that Vaystays shall not use your name or any of the above referenced material after your use of the Site ends without express written permission.
8. Things we don’t allow.
8.1 Offline Transactions. You agree not to use the Vaystays website to (a) contact other Vaystays users, (b) invite contact with other Vaystays users, (c) solicit rentals outside of Vaystays, or (d) initiate or engage in transactions (either purchases or rentals) outside of Vaystays. Vaystays is not responsible for any damages or lost profits that result from Vaystays users directly contacting other Vaystays users or for any damages or lost profits resulting from transactions conducted outside of Vaystays, including transactions that originate at Vaystays and are taken offline.
8.2 Personal Information in Owner Comments. As a Owner, you agree not to place any personal information (including, but not limited to, addresses, phone numbers, or email addresses) in the Owner Comments area of property listings.
8.3 Abusive Behavior. You agree not to use abusive language or behave in an abusive manner to any Vaystays employee or customer. You agree not to post any offensive language on the site.
8.4 Illegal Activity. You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and the listing of properties. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card. You agree not to copy, modify, or distribute any content from the Site, including the Company’s copyrights and trademarks.
8.5 Promotional Materials. The Guest name and address information if provided to Owners is for the sole purpose of corresponding before, during, and after a reservation. If you are an Owner, you agree not to include in your correspondence to the Guest any promotional or other commercial material that is not provided or approved by Vaystays. This includes, without limitation, material that announces a website or invites the Guest to visit a website other than Vaystays, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the Guest at any time for any reason except as necessary to complete a rental or provide the Guest information required according to the rental terms
9.1 Investigations. We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your right to a property.
9.2 Violations, Termination and Suspension. We may take any action that we deem appropriate in our sole discretion (including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending you edit a listing) if: (a) you breach this Agreement or any document it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; or (d) we believe your conduct may cause legal liability for you, for other users, or for Vaystays. You agree that payments owing to you for transactions made through this Site may be suspended or delayed pending our investigation. Vaystays is not obligated to pay you for any rentals if we have a good faith basis to believe such rentals were unlawful or otherwise made in material violation of this agreement.
9.3 Disclosure of Information. You agree that Vaystays may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. Vaystays will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
9.4 Making Adjustments. You authorize us to withhold payment or charge your credit card account any amount you owe us if (a) a rental is cancelled for any reason; (b) an adjustment is made under our Guest’s Guarantee; (c) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or owning activity, and we have given you a chance to answer to any such charges of fraud or illegal acts or omissions; (d) you are not able to produce the exact accommodations that you listed on the Site; (e) you deliver incorrect or misrepresented accommodations for any reservation or portion of an reservation, (f) you otherwise owe us a specific amount. If any of these things happen, we may also deduct from any amount we owe you the amount you owe us.
10. Your warranties to us.
10.1 Accurate Descriptions. For all properties you list as the Owner, you warrant that your descriptions of the properties accurately detail and describe the housing offered for rent. If you, at any time, deliver invalid, fraudulent, or misrepresented accommodations, the Company reserves the right to cancel the reservation and hold you liable for any and all charges we incur to satisfy the Guest under the terms of Vaystays’s Guest’s Guarantee. These charges may include, but are not limited to, cost of replacement accommodations, coupons, and gift certificates, shipping charges, and refunds to the Guest.
10.2 Other Information. You represent and warrant that any information you provide to us, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the rental of counterfeit or stolen items; (d) does not infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.
10.3 Laws and Regulations. You warrant that you will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and rental value of the properties. The Company does not monitor, obtain, nor have any knowledge of the face value or zoning of housing rentals listed on the Site, and shall not be liable for any violations of federal, state, or local law incurred by the Owner in using the services of Vaystays.
10.4 Indemnity. You agree to indemnify and hold Vaystays and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by Vaystays and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site, including but not limited to your breach of this Agreement, or your violation of any law or the rights of a third party.
10.5 Safety and Security. You hereby agree that any firearms or dangerous weapons (whether loaded or otherwise) shall be locked up and secured against any access from their guests. The parties hereby agree to hold the Company harmless from any damages caused by non-compliance with the above listed clause.
11. What we don’t warrant (disclaimers of warranties and limitations of liability).
11.1 No Warranty. Except for the express warranties stated in this Agreement, Vaystays provides the software, site and services on an “as is” basis and “as available” basis without any warranties of any kind. Vaystays makes no warranty with respect to its software, any properties, any event, the services Vaystays provides, or that Owners or Guests will perform as promised, and Vaystays expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement of third party rights or fitness for a particular purpose. This warranty disclaimer affects your legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
11.2 Allocation of Risk. You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.
11.3 Tax Indemnity. You agree that Vaystays is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Vaystays and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys’ fees) incurred by Vaystays that arise out of any third party or governmental claim that involves, relates to or concerns any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, reservation or decree.
14. Additional terms that affect our agreement.
14.1 No Agency. You and the Company are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement. The Company is not providing any legal or tax advice to any Owner at any time under this agreement.
14.2 Notices. Except as expressly stated otherwise, all notices to Vaystays shall be sent to the email addresses provided on the Site (e.g., [email protected]). Our street address is 222 W. Ontario, Ste. 320, Chicago, IL 60654. Except as expressly stated otherwise, all notices to you shall be sent to the email address you provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent.
14.3 Governing Law; Attorney’s Fees. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Indiana. For any actions arising out of this Agreement, you consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for St. Joseph’s County, Indiana. Vacation Rental Partners LLC shall be entitled to recover from the Owner all reasonable attorney’s fees incurred in enforcing this agreement or any ancillary agreement related to use of the website or Vacation Rental Partners LLC’s services.
14.4 Miscellaneous. This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Vaystays, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.
For the avoidance of doubt, the terms of the Company’s guest contract shall supersede in the event any additional Fine Print or contract of the Company are illegal or unenforceable. The Owner hereby agrees to hold the Company harmless from any violations of law caused by any such additional Fine Print or contract.