TERMS AND CONDITIONS OF THE VACATION RENTAL PARTNERS LLC (“the Company” or “Vaystays”) SERVICE
Updated July 15, 2014
1. How this agreement works.
1.1 Introduction. Welcome to Vaystays’s online renting and listing community (the “Site”). This User Agreement (“Agreement”) lists the terms of the agreement between you and Vacation Rental Partners LLC for the renting and listing of real estate property (“property”), and all other services that we provide (the “Services”). By completing the registration process, you agree to accept the terms and conditions of this Agreement and to become a registered user of this Site.
1.2 Modification. If we change this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. Your continued use of the Site and the Services following Vaystays’s posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site.
2. Who we are and what we do.
2.1 Housing Rental Service Provider. Vaystays is a website service that allows registered users who want to rent Housing (“Renters”) 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 Vaystays acts as a marketplace only to allow Renters and Owners to interact regarding property rentals. .
3. How to become a registered user.
3.1 Requirements. To be a registered user of this Site, you must agree to accept the terms and conditions of this Agreement, and you must have a valid credit or debit card that we accept (see Section 5.2 below for further details). 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 rent or list a rental property before you have registered with us. To register, you must provide your legal and current name, address, phone number, an active email address, and (for guests only) a valid credit or debit card.
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 Vaystays marketplace. As part of the listing process, the Owner assigns a rate to the property rental and provides information such as the event description, check-in date, check-out date, check-in time, check-out time, number of bedrooms, number of bathrooms, number of people property accommodates, and other amenities.
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 Renter places a reservation request for the property.
4.3 Owner Responsibility. Once an Owner confirms a reservation of a property from a Renter, the Owner is responsible for fulfilling the reservation with the exact property that the Owner listed. The Owner will 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 Renter. Vaystays 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.
5. Finding housing and securing reservations as a Renter.
5.1 Making Reservations. To make a reservation, a Renter first browses the Vaystays listings for housing that match what the Renter is seeking. When the Renter finds desirable accommodations, the Renter places a “booking request” to reserve the housing. All booking requests are final and, once placed, cannot be cancelled or retracted. Placing a booking request does not complete the reservation. Owners have 72 hours to receive notification of an reservation and confirm delivery. The reservation is complete and Vaystays’s Guarantee to the Renter takes effect only after the Owner has confirmed the reservation and the Renter’s credit or debit card has been charged.
5.2 Credit Card Authorization. The Renter’s credit or debit card is not charged until the Renter’s reservation is confirmed by the Owner. However, when a Renter places reservation request, we obtain an authorization from the Renter’s credit or debit card for the full reservation amount. The authorization remains on the Renter’s credit card until the transaction is completed or the reservation is cancelled. Although an authorization is not a charge, debit card issuers will place a hold on funds when an authorization is obtained by Vaystays. When booking housing, an authorization is sent to the Renter’s credit or debit card for each reservation the Renter places. Please contact your financial institution to better understand their policies on such matters. In all cases, Vaystays is not responsible for any bank fees or other penalties resulting from authorizations and/or charges to the Renter’s credit or debit card when the Renter books a rental. Vaystays discourages the use of debit cards for reserving a rental.
5.3 Property Listing Information. Event details, check-in date, check-out date, check-in time, check-out time, number of bedrooms, number of bathrooms, number of people property accommodates, and other amenities available may change. It is up to you, the Renter, to verify the most recent changes. Please contact the box office or refer to local listings for any changes.
5.4 Owner Comments. Vaystays does not guarantee any information provided by Owners in the Owner Comments area of property listings.
6. Notifying the Owner of the reservation.
6.1 Notification. Once we obtain an authorization from a Renter, we notify the Owner of the property via email and/or telephone that a Renter has reserved the listed property at the listed rate and is willing to pay the deposit that we have calculated for the rental. At this time, Vaystays verifies the authenticity of the reservation and reserves the right to cancel any reservation that it identifies as fraudulent.
6.2 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 even prior to confirming the reservation, 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 renter’s Vaystays Guarantee.
7. Completing the booking.
7.1 Credit Card Charge. Once the Owner confirms the reservation, we charge the Renter’s credit card for the total reservation rate. At no time do we provide the Renter’s credit card information to the Owner. The credit card charge is paid to us, and the Owner is compensated for the reservation according to the payment policy. Owners can see the exact amount of the commission that we will collect before completing the listing process and committing to list their properties for rent.
7.2 Dispute Resolution. After fulfilling a reservation, if a Renter is dissatisfied with any part of his or her experience, the Renter must follow the rules for dispute resolution set forth in our Guarantee.
8. Your relationship with us.
8.1 Permission. As a Renter, you grant Vaystays permission to charge your credit card for your rental reservation. As a Owner, if you, at any time, fail to deliver the property you’ve listed or deliver invalid, fraudulent, counterfeit, or a misrepresented property rental you agree to be charged the costs to recover such damages incurred by a harmed Renter. These charges may include, but are not limited to, the cost of replacement housing, coupons and gift certificates, shipping charges, refunds to the Renter, and other charges we incur to satisfy the Renter under the terms of Vaystays’s Renter’s Guarantee.
8.2 Grant of License. You grant Vaystays 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 Vaystays in connection with your use of Vaystays and its Services. You agree that Vaystays 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.
8.3 Release. Vaystays acts as a marketplace only to allow Renters and Owners to interact regarding property rentals. In all cases, the submission and confirmation of reservations are transactions between Renters 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 Vaystays 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.
9. Things we don’t allow.
9.1 Offline reservations. 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 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.
9.2 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.
9.3 Abusive Behavior. You agree not to use abusive language or behave in an abusive manner to any Vaystays employee or customer.
9.4 Adult Materials. You agree to make sure all listings and correspondence is crafted in a professional manner that does not include any adult or explicit materials.
9.5 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 Company copyrights and trademarks, and/or link to the Site without Vaystays’s prior written permission.
9.6 Double Posting and Removal of a property listing. Double Posting and Removal of a property listing. To list a property for rent on the Site, you must first register with the Site. Once a property is listed, we strongly discourage listing that property for rent elsewhere. If you choose to list your property in a fixed price format, you may list your property for rent in other marketplaces but are required to remove the dates booked from Site immediately if your property rents elsewhere. Except as provided herein, you agree not to promote the listing of property through any site other than Vaystays without express permission from Vaystays. We reserve the right to prohibit users from posting properties at Vaystays if they are not able to provide the exact housing that was posted at Vaystays. If you, at any time, fail to deliver the property you’ve listed or deliver invalid, fraudulent, or misrepresented accommodations, Vaystays reserves the right to cancel the reservation and hold you liable for any and all charges we incur to satisfy the Renter under the terms of Vaystays’s Renter’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 Renter.
9.7 Stolen Property. The transfer of stolen property on Vaystays is strictly forbidden, and violates state, federal and international law. Vaystays strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to list such items on Vaystays. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
9.8 Promotional Materials. The Renter name and address information is provided to Owners for the sole purpose of corresponding before, during, and after a reservation. If you are an Owner, you agree not to include in your correspondance to the Renter 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 Renter 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 Renter at any time for any reason.
10.1 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.
10.2 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.
10.3 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.
10.4 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 Renter’s Guarantee; (c) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or owning activity; (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..
11. Your warranties to us.
11.1 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, Vaystays reserves the right to cancel the reservation and hold you liable for any and all charges we incur to satisfy the Renter under the terms of Vaystays’s Renter’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 Renter.
11.2 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.
11.3 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. Vaystays does not monitor, obtain, nor have any knowledge of the face value of housing rentals listed on the Site.
11.4 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.
12. What we don’t warrant (disclaimers of warranties and limitations of liability).
12.1 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 Renters 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.
12.2 Waiver of Consequential Damages; Liability Limit. Vaystays expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services or the site, or the suspension, termination or malfunction of the services or the site. Vaystays’s liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all housing you rented and/or listed via Vaystays in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
12.3 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.
12.4 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 (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, reservation or decree or (ii) any dispute concerning the tax status of Vaystays.
12.5 Change or Suspension of Site. Vaystays reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. Vaystays is never, for any reason, responsible for properties listed on the site that do not rent, including properties that remain unrented during a site outage..
12.6 Regular Maintenance. The Site could be unavailable from 12am-3am EST each morning while it is being updated and modified. During this time, the Site will be temporarily unavailable. The Vaystays Site is updated daily at 4-hour intervals. When a Owner lists a property for rent on the site, the listing may not be available for rent until the next regularly scheduled site update (up to 4 hours). Vaystays is not responsible for unrented properties resulting from these regular 4-hour site updates.
13. We own the intellectual property rights to our Site and Service.
13.1 Ownership of Intellectual Property. You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, “Intellectual Property”) are and shall remain our sole property, and (ii) nothing in this agreement shall confer in you any right of Ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of Vaystays’s Intellectual Property.
13.2 Copyright. Copyright (c) 2014, Vacation Rental Partners LLC The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of Vaystays or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Vaystays and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
14. Additional terms that affect our agreement.
14.1 No Agency. No Agency. You and Vaystays are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by 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 Street, Suite 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; Arbitration. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois, U.S.A., without regard to its provisions governing conflicts of law. Except for allegations that you have infringed or have threatened to infringe our intellectual property rights, you and we agree that any dispute or controversy between us, or arising under or concerning performance or breach of this Agreement, shall be settled by one arbitrator in binding arbitration, to be held in Chicago, Illinois, U.S.A., under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for Chicago, Cook County, U.S.A.
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. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. 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.