Terms of Service
Terms of Service
Terms of Service
Last Updated: April 24, 2017
THIS IS A BINDING LEGAL AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS MANDATORY ARBITRATION, PROHIBITS CLAIMS AFTER ONE YEAR AND REQUIRES ALL LAWSUITS TO BE BROUGHT IN ILLINOIS. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE OR ACCESS OUR WEBSITE. WE RESERVE THE RIGHT TO MODIFY OR AMEND THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICE FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES.
The terms and conditions, together with all updates, supplements, additional terms and any of VRP’s rules and policies (collectively, the “Agreement”) are applicable to the VRP websites, Vaystays.com or GetDirect.io, including any versions optimized for viewing on a mobile device or any version that is made available on a third-party website with VRP’s authorization; VRP call center; and all other interactive features, services, software and communications provided by VRP (the “Service”), however accessed or used, that are operated by us, made available by us, or produced and maintained by Vacation Rental Partners, Inc. (collectively “VRP” or “Vaystays” or “DirectTM” or “we”, “us”, or “our”). This Agreement is applicable to any individuals that use our service, including but not limited to entities that create a listing via the Service for their product or service (a “Supplier”), third-parties that place reservations on behalf of particular Suppliers (a “Booking Agent”), and individual consumers that use the Service, directly or indirectly, in any fashion, including to request a reservation with a Supplier (a “Guest”) (collectively “you” or “your”).
YOU ACKNOWLEDGE AND AGREE THAT VRP IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SUPPLIERS AND GUESTS, HAS NO CONTROL OVER THE CONDUCT OF THE SUPPLIERS OR THEIR SERVICES, AND DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH THE USE OF SUPPLIERS’ SERVICES. VRP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, BOOKINGS AND PROVIDER’S PRODUCTS AND SERVICES. THE USE OF PROVIDER’S PRODUCTS AND SERVICES IS AT THE GUEST’S OWN RISK.
- How the Service Works. The Service can be used to facilitate the listing of Supplier’s properties and the booking of said properties by Guests. VRP makes available a platform or marketplace for Guests and Suppliers to meet online and make a reservation related to Supplier’s properties (a “Booking”). VRP is not an owner or operator of the Supplier or any associated rental property, including, but not limited to, real estate, vehicles, boats, or equipment, and VRP does not own, sell, furnish, provide, rent, manage or control Supplier’s properties and services. VRP’s responsibilities are limited to: (a) facilitating the availability of our Service to make Bookings; and (b) serving as the limited agent of each Supplier for the purpose of accepting payments from Guests on behalf of the Supplier.
- Bookings. As a condition of your use of this Service, you warrant that (a) you are 18 years old or older; (b) you possess the legal authority to create a binding legal obligation; (c) you will use this Service in accordance with this Agreement; (d) you will only use this Service to make legitimate listing and/or Bookings for you or for another person for whom you are legally authorized to act; (e) you will not make any speculative, false or fraudulent listings or Bookings; (f) you will inform such other persons about the terms and conditions that apply to the Bookings, including all applicable rules and restrictions, and obtain their agreement to be bound by the terms and conditions; (g) all information supplied by you is true, accurate, current and complete and you will maintain and promptly update such information to keep it true, accurate, current and complete; (h) you will not use the Service to find a Supplier or Guest and then complete the transaction independent of the Service, attempt to circumvent any obligation to pay any fee to VRP, or make any Bookings in the anticipation of demand; (i) the submitted information and VRP’s use thereof as contemplated by this Agreement will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; and (j) if you have a Vaystays.com or GetDirect.io account, you will safeguard your account information and will be responsible for any use of your account by you and anyone other than you, and you will not share your username and password with any third party or permit any third party to log-on to the Service using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.
You agree and understand that you may be required to enter into an agreement with the Supplier and that your Booking is contingent upon you agreeing to accept any terms, conditions, rules and restrictions imposed by the Supplier. You acknowledge and agree that you, and not VRP, will be responsible for performing the obligations of any such agreements and that VRP is not a party to such agreements.
For more information about VRP’s seller of travel registration, please go here.
- Account Suspension. If you provide any information that is untrue, inaccurate, not current or incomplete, or VRP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, of for any other reason identified in VRP discretion, VRP has the right to suspend or terminate your account and refuse any or all future use of the Service.
- Property Damages. As a Guest, you acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Supplier’s properties. Both Guests and Suppliers agree to cooperate with and assist VRP in good faith, and to provide VRP with such information and take such actions as may be reasonably requested by VRP, in connection with any complaints or claims or with respect to any investigation undertaken by VRP or a representative of VRP regarding use or abuse of the Service or violation of this Agreement.
- Payment; Fees.
Fees: In consideration for using the Service, you agree to pay the total amount included with the Booking, including any related charges, fees, deposits and taxes. The fees and other charges related to Supplier’s properties (the “Service Fee”) are set by the Supplier. You acknowledge that VRP charges an additional fee to Guests based on a percentage of the total Service Fee (the “Guest Fee”) and that VRP may charge additional fees to Suppliers or Booking Agents. When applicable, taxes may also be charged. The Service Fee, Guest Fee, other charges and applicable taxes are all included in the “Total Fees.” VRP will charge the full amount of the Total Fees to Guest’s method of payment at the time that the Booking is submitted by the Guest. Please note that Supplier, not VRP, determines the Service Fee and is solely response for honoring any confirmed Bookings reserved through our Service. Further, you acknowledge and agree that VRP is not responsible for any fees or charges from Guest’s financial institution associated with this transaction.
Pre-authorization; Method of Payment: At the time that you make a Booking, you authorize VRP, or a payment processor on its behalf, to (a) obtain a pre-authorization via your payment method for the Total Fees or (b) charge your payment method a nominal amount, not to exceed one US dollar ($1). You authorize VRP, directly or indirectly via a third-party payment processor, to process your payment with the method of payment you select in the Booking and to collect the full amount of the Totals Fees for each confirmed Booking.
Security Deposits; Damages: Certain Suppliers may require security deposits be paid. Each Supplier will describe the amount of the security deposits and other relevant information. The return of any security deposit may also be subject to additional terms and conditions available from the Supplier. You authorize VRP, directly or indirectly via a third-party payment processor, to obtain a pre-authorization at the time the Booking is made and process the full amount of the security deposit for a confirmed Booking against your selected method of payment. You acknowledge that VRP will not pay interest on your security deposit and will only release it when indicated by the Supplier. VRP is not responsible for administering or accepting any claims related to the security deposit. All disputes related to the security deposit must be directed to the Supplier. You also authorize VRP, directly or indirectly via a third-party payment processor, to charge your method of payment to pay for any damages pursuant to Section 4.
Cancellations: The Supplier’s cancellation policy will apply to any cancellation. Your ability to receive a refund for the Total Fees and other amounts charged to you will depend upon the terms of the Supplier’s cancellation policy and, in some cases, no refund may be issued. Except as provided herein, the Total Fees are non-refundable. Details regarding refunds and cancellation policies of the Supplier may be available in the listing or from the Supplier. If a Supplier cancels a confirmed Booking made via the Service, it is at the Supplier’s discretion and the Supplier’s responsibility to issue a refund of the Total Fees for such Booking to the applicable Guest within a commercially reasonable time of the cancellation.
Recurring Payments: In some instances, Guests may be required to make recurring or incremental payments toward the Total Fees owed for a confirmed Booking (“Recurring Payments”). If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed Booking, you authorize VRP, on behalf of the Supplier, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Booking.
Donations: Some Suppliers may pledge to donate a portion of the funds they receive from confirmed Bookings to a particular cause or charity. VRP is not responsible for the selection of any particulars charities and is not responsible for how, if or when the donation is made.
All payments or other transactions with the Service will be in US dollars, unless otherwise expressly stated.
- Right to Cancel, Errors, Mistakes. The Service may contain technical inaccuracies and typographical or other errors in connection with information displayed, including without limitation rates, fee or availability related to your transaction. VRP assumes no responsibility or liability for such errors, inaccuracies, or omissions. VRP has the right to make changes, corrections or cancellations to such information or reservation, at any time, including after confirmation of a transaction. VRP is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen or misdirected transactions, transmissions, messages or entries on or in connection with our Service. The Service may not be continuously available due to maintenance or repairs or due to computer problems, disruptions in Internet service or other unforeseen circumstances.
- Licenses. VRP grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Service or their content on the corresponding platforms and not to modify all or any portion of the Service. This license does not include any resale or commercial use of the Service or their contents; any collection and use of any images or third-party content on the Service; any derivative use of the Service or their contents; any uncompiling, disassembling, reverse engineering, or other such attempts at discovering the source code of any Services; any downloading or copying of account information for the benefit of another company or user; or any use of data mining, robots, or similar data gathering and extraction tools. The Service, or any portion thereof, may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without VRP’s express written consent. You grant to VRP a limited, non-exclusive license to access, store, display and transmit the information you submit to the Service and disclosure that information to the Supplier(s) and in the Service as provided in our Privacy Notice. You will not access or attempt to access content on the Service through any interface except for the publicly provided websites or applications provided by VRP.
- Copyright and Ownership. All of the content featured or displayed on the Service, including without limitation text, graphics, photographs, images, sound, and illustrations (“Content”), is owned by VRP, its licensors, vendors, agents or its Content providers. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Service may only be used for the intended purpose for which such Service is being made available. You are authorized to view, play, print and download copyrighted documents, audio and video found on our Service for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Service. The Service, its Content and all related rights shall remain the exclusive property of VRP or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Service.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to VRP. We reserve the right to remove any material alleged to be infringing without prior notice and without liability to you. When appropriate, we may also terminate your account. If you believe that your copyrighted information has been used in a way that constitutes copyright infringement, please send a notice that complies with the requirements of the Digital Millennium Copyright Act to our designated agent at:
Vacation Rental Partners, Inc.
420 W. Huron St.
Chicago, IL, 60654
Email: [email protected]
- Trademarks; No Endorsement. All trademarks, service marks and trade names of VRP used in the Service (including but not limited to: VRP’s name and logo; the Service’s name, design, and any logos) (collectively “Marks”) are trademarks of VRP or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without VRP’s prior written consent. VRP prohibits the use of the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. You shall not use VRP’s name or any language, pictures or symbols which could, in VRP’s judgment, imply VRP’s endorsement in any written or oral advertising, presentation, brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
VRP does not control any Supplier or any product or service. You are responsible for determining the appropriateness and suitability of any prospective Guest, Booking Agent, Supplier or any activity booked through this Service.
- Inappropriate Material. You are prohibited from using the Service to post or send any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation. We may fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone inappropriately using the Service.
- Links. Running or displaying the Service or any information or material displayed on the Service in frames or through similar means on another website without our prior written permission is prohibited. From time to time, the Service may contain links to websites that are not owned, operated or controlled by VRP or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Service. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, services, or any other information located or accessible from any other websites or services. If you decide to access any other websites, you do so entirely at your own risk.
- Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service. We retain the right at our sole discretion to deny access to anyone to this Service, at any time and for any reason, including, but not limited to, for violation of this Agreement.
- DISCLAIMERS. YOUR USE OF THIS SERVICE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICE PROVIDED ON OR THROUGH THE SERVICE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER VRP, NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE SUPPLIERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICE PROVIDED ON OR THROUGH THE SERVICE. THE INFORMATION, MATERIALS AND SERVICE PROVIDED ON OR THROUGH THE SERVICE MAY BE OUT OF DATE, AND NEITHER VRP, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VRP OR THROUGH THE SERVICE, CONTENT AND SERVICE WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SUPPLIERS AND ANY BOOKING AGENTS ON THIS SERVICE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF VRP OR ITS AFFILIATES. VRP AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. VRP AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. RATINGS DISPLAYED ON THIS SERVICE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND VRP AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. VRP, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES.
- LIMITATIONS OF LIABILITY; LIMITATION ON TIME TO FILE CLAIMS. VRP does not assume any responsibility for and is not liable for any damages to your computer, equipment or other property caused by or arising from your access to, use of, or browsing the Service, or your downloading of any information or materials from this Service. IN NO EVENT WILL VRP, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USING THE SERVICE, ANY WEBSITES OR APPLICATIONS LINKED TO THE SERVICE, OR THE MATERIALS, INFORMATION OR OTHER CONTENT CONTAINED ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, VRP’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE PROVIDER OR THE PROVIDER’S SERVICE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THAT PROVIDER DIRECTLY AND THAT VRP IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED BY YOU AS A RESULT OF ANY DEALINGS WITH THE PROVIDER. IN NO EVENT SHALL VRP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED , IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO VRP IN CONNECTION WITH SUCH TRANSACTION(S) OR (B) ONE HUNDRED DOLLARS (US $100.00).
TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT YOU WILL BRING ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATING TO YOUR ACCESS OR USE OF THIS SERVICE WITHIN ONE (1) YEAR FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED OR SUCH CLAIM OR CAUSE OF ACTION WILL BE IRREVOCABLY WAIVED.
- Indemnity. You agree to defend, indemnify and hold VRP and its affiliates , and its and their equity holders, directors, officers, employees and agents, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Service or your placement or transmission of any message or information on this Service by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights, including any such violation arising from Content, or VRP’s use of Content; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information that you provide to VRP; or (vi) any other party’s access and use of the Service with your username and password.
- Release. In the event that you have a dispute with one or more other users of the Service, the Supplier or the Booking Agent, you release VRP (and our officers, directors, agents, subsidiaries, joint ventures 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 disputes, including without limitation any dispute over the payment to the Supplier or the goods or service provided (or not provided) by the Supplier.
- Termination. VRP may suspend or terminate your account or your use of the Service at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also suspend your access to our Service in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, the Supplier, or us.
- Force Majeure. Neither VRP nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, Internet or hosting outage, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
- Privacy. Data collection and use, including the collection and use of personally identifiable information, is governed by VRP which is incorporated into and is a part of this Agreement.
- General. Any claim relating to the use of the Service, the materials contained herein or this Agreement is governed by the laws of the State of Illinois. You consent to the exclusive jurisdiction of the state and federal courts located in State of Illinois. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be struck and amended to achieve as closely as possible the effect of the original provision and all other provisions of this Agreement will continue in full force and effect. You agree that this Agreement may be assigned by VRP in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You and VRP are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Fictitious names of companies, products, people, characters mentioned on the Services are not intended to represent any real individual, company or product.
- Entire Agreement; Survival. These terms and conditions are the entire agreement between you and VRP and supersede any prior understandings or agreements (written or oral). The license granted by your in Section 7 (Licenses), 14 (Limitations of Liability; Limitation on Time to File Claims), 15 (Indemnity), 16 (Release) and 20 (General) shall survive any termination or expiration of this Agreement.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO SUPPLIERS AND BOOKING AGENTS
- Listings. As the Supplier, you may use the Service to create listings about your properties. You will be asked a variety of questions in order to populate your listings, including, but not limited to, the location, capacity, size, features, availability of the product or service, cancellation and refund policy, pricing and related financial terms, applicable taxes and fees, and other information. All listings must also include a valid physical address and all material terms and conditions, including any applicable taxes and fees. Information you include in a listing will be made publicly available via the Service and may be booked by Guests or Booking Agents. You acknowledge and agree that once a Guest or Booking Agent requests a Booking of your product or service, the price and terms for such Booking may not be altered by you. Supplier will not submit any listing with a false or misleading price or other information and will not submit any lists with a price and terms that you do not intend to honor.
When you create a listing, you may also choose to include certain requirements which must be met by the Guests who are eligible to request a Booking, including, but not limited to, requiring Guests to have a profile picture or verified phone number, certain qualifications or certifications, in order to book your property. You agree that no such requirements will be applied in a discriminatory or unlawful manner. In addition, you will not use the Service to request that a Guest engage in any prohibited or unlawful activity or request any information from a Guest that is prohibited by law or subject to any applicable data security requirements.
As the Supplier or Booking Agent, you may not post, upload, publish, submit or transmit any content (including but not limited to any text, graphics, images, music, software, audio, video, information or other material) via the Services that (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive as determined in VRP’s sole judgment; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances. In addition to any other remedies, VRP may immediately suspend or terminate any Supplier or Booking Agent that violates these restrictions.
- Bookings. You must honor all Bookings that are accepted by you or your agent. If a Guest makes a Booking of or uses your product and service, any agreement you enter into with such Guest is between you and the Guest and VRP is not a party or responsible for any commitments or obligations contained therein.
Unless Supplier gives their permission, VRP will not use the email addresses from Guests that make a booking with your service to market our Service. VRP may, however, contact your Guests to provide customer support, conduct satisfaction surveys and to respond to Guest inquiries related to their Bookings and other transactions on VRP.
You acknowledge and agree that VRP does not act as an insurer or as a contracting agent for you as a Supplier or Booking Agent. VRP recommends that you obtain appropriate insurance for your business. Please review any insurance policies that you may have carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites, if applicable) while using your product or service.
You acknowledge and agree that you are fully authorized, licensed and permitted to provide your properties, including the authority to license or rent in associated property. You acknowledge and agree that, as between VRP and yourself, you are responsible for the acts and omissions for your employees, contractors, vendors, agents and all other parties that are involved in providing your product or service or that are on your property.
- Fees; Payment.
Fees: You authorize VRP to collect the Service Fee, Guest Fee and Total Fees described in Section 5. You acknowledge that the Guest Fee is based on a variable percentage of the Service Fee and is set by VRP. All Guest Fees are retained by VRP and all Service Fees, including related charges and amounts attributable to government taxes or fees set by Supplier, are remitted to Supplier as described below. Supplier acknowledges and agrees that, in the event of a refund and unless waived by VRP, Supplier is responsible for payment of the Guest Fee to VRP. Please note that VRP does not currently charge fees for the creation of listings. However, you acknowledge and agree that VRP reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of listings. Please note that VRP will provide notice of any listing fee collection via the Service, prior to implementing such a fee.
VRP will also use its commercially reasonable efforts to address Suppliers’ requests and claims related to security deposits, but VRP is not responsible for administering or accepting any claims by Suppliers related to security deposits, and disclaims any and all liability in this regard.
Remittals: VRP will remit the collected fees, less those amounts that may be retained by VRP. VRP may direct the payment processor, in VRP’s sole but reasonable discretion, to withhold part or all of the payment for a period of up to ninety (90) days after the date the properties are rendered to the Guest by Supplier in order to satisfy any requests to return any security deposits, cancellation requests or other refunds. All Supplier fees retained by VRP will be held in a non-interest bearing account by VRP’s third-party payment processor. In the event of any refund, cancellation, reversal, chargeback, error or other need to return any amount of the Total Fee to the Guest, you expressly authorize VRP and its third-party payment processor to without any further notice or consent to (a) use funds currently held by the third-party payment processor to satisfy the obligation, (b) reverse part or all of any previously applied transfers from the third-party payment processor to Supplier’s financial institution, or (c) to apply a debit against and transfer the necessary amounts directly from Supplier’s financial institution.
Unless otherwise agreed to in writing by VRP, all payments to Suppliers will be in US dollars. Supplier is responsible for any conversion, including any service or other charges, into a currency other than US dollars. If VRP converts any payment into a foreign currency, it may deduct any processing expenses.
Payment Agent: Each Supplier hereby appoints VRP as the Supplier’s limited agent solely for the purpose of collecting payments made by Guests or Booking Agents on behalf of the Supplier. Each Supplier agrees that payment made by a Guest to VRP shall be considered the same as a payment made directly to the Supplier and the Supplier will make the product and service available to Guest in the agreed upon manner as if the Supplier has received the fees directly. Each Supplier agrees that, VRP may, in accordance with the Supplier’s cancellation policy as reflected in the relevant Listing, refund to the Guest that portion of the Product and Service Fees as specified or if in VRP’s sole but reasonable discretion VRP determines that the Supplier had not adhered to this Agreement . In accepting appointment as the limited authorized agent of the Supplier, VRP assumes no liability for any acts or omissions of the Supplier. Supplier agrees to reimburse VRP for any dispute or other related fees applied by VRP’s third-party payment processor and that said fees may be debited directly from Supplier’s account held by the payment processor.
Taxes: IRS regulation, regarding federal tax reporting requirements, stipulates that VRP or its payment process must collect IRS Form W-9 information from all Suppliers in the United States. If applicable and if required by applicable IRS regulations, VRP’s payment processor will issue any required 1099s to Supplier. You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. VRP cannot and does not offer tax-related advice. Additionally, please note that each Supplier is responsible for determining all applicable federal, state and local taxes and governmental fees, and for including any applicable taxes and fees to be collected in the applicable listings. Where applicable, or based upon request from a Supplier, VRP may issue a valid VAT invoice to such Supplier. “Tax” or “taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal or other withholding and personal or corporate income taxes.
- Website Development. From time to time VRP may create websites, customer relationship management tools and other online features for use by Supplier and Booking Agent (the “Online Assets”). Supplier and Booking Agent acknowledge and agree that the Online Assets are the sole property of VRP and, notwithstanding the inclusion of Supplier’s marks, are not a “work made for hire” under the Copyright Act or any other law. To the extent that the foregoing does not apply, Supplier and Booking Agent each hereby irrevocably assign to VRP, and its successors and assigns, for no additional consideration, Supplier’s and Booking Agent’s entire right, title and interest in and to the Online Assets and any intellectual property rights contained therein. Nothing contained in this Agreement shall be construed to reduce or limit VRP’s right, title or interest in the Online Assets. Further, Supplier and Booking Agent agree to stop using and return to VRP the Online Assets at VRP’s request or upon the termination or expiration of this Agreement.
- Supplier Payments. Supplier may use VRP to initiate ACH payments from Supplier’s designated bank account to a designated supplier or vendor of goods or services (“Supplier”). By using VRP in this way Supplier agrees to the Supplier Payment Terms and Conditions, available and which are incorporated and made part of this Agreement.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THIS AGREEMENT.
Vacation Rental Partners, Inc. | 420 W. Huron St, Chicago, IL, 60654
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