Terms and Conditions
Introduction
Welcome to Vacation Home, we are an online travel service. The purpose of this article is to describe your use of our Website and of our Service in order to obtain your agreement that the entity with which you enter into legal relations is Vacation Home.
By using or accessing travelliva.com you accept that you agree to and are subject to the following terms and conditions, as well as our Privacy Policy. If you do not fully agree to these Terms, Privacy Policy and any other terms and conditions posted or linked to any website, you are not authorized to access or otherwise use the website. Under these Terms, “use” or “access” of the Website specifically includes any direct or indirect access or use of the Website or any cached version of the Website and any direct or indirect access or use of any information or content on the Website, regardless of how obtained and the term “Website” includes, without limitation, any cached version thereof.
This document constitutes a legally-binding agreement governing the terms of providing you with our service. Throughout this document, the words Vacation Home, us, we and our, refer to our company, Vacation Home and our network of Vacation Home, or our service, as is appropriate in the context of the use of the words. Likewise, the words you, user, and your refer to you, the person who is being presented with this document for your agreement, though User may also refer to certain others as defined below.
Declaration
The Website is a Venue and we are not a party to any Rental Agreement or other Transaction between users of the website.
We urge all users to be responsible about their use of this Website and any transaction entered into as a result of either listing a property or renting a property. We do not own or manage, nor can we contract for, any Vacation Home listed on a Website. lodgerhub.com and other Websites act as a venue to allow homeowners and property managers who advertise on the Website to offer for rent in a variety of pricing formats, a specific Vacation Home to potential renters. On the websites, we may also online booking or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions.
Even if the Website allows you to offer or book a rental on the Website, we are not a party to any rental or other agreement between users.
As a result, any part of an actual or potential transaction between a traveller and a member, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of members to rent a Vacation Home or the ability of travellers to pay for Vacation Home are solely the responsibility of each user. You accept and agree that you may be required to enter into a separate agreement and/or waiver prior to making a booking or purchasing a product or service and may place additional restrictions on your booking, product or service.
Application of Law
This site is administered by us. We make no representation that the materials listed at this site are appropriate or available for use outside UK and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this site or any copy or adaptation in violation of any applicable laws or regulations including without limitation UK laws and regulations. If you choose to access this site from outside UK, you do it on your initiative and are responsible for compliance with applicable local laws. These terms will be governed in accordance with the UK laws and the matters will be only the subjects and jurisdiction of UK courts.
Arbitration
For the dispute, if any, arises between ours and the user/users arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach, violations etc of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by us. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be UK. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
Waiver
The failure of Vacation Home to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
Jurisdiction
Courts at Ilford, England alone shall have the exclusive jurisdiction in all matters relating to Vacation Home and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to Vacation Home.
Warnings of Distrustful Activity
Vacation Home does not routinely monitor your postings to the web site but reserves the right to do so. However, if we become aware of an inappropriate use of the website or its services, Vacation Home will respond in any way as it deems fit and proper in its sole discretion. While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. In the event we do provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.
Intellectual Property Including the Trademark & Copyright
The names, images, logos, literatures identifying and owned by us or third parties and their products / services are subject to Copyright, Design Rights and Trademarks of ours and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any license or right to use any Trademark, Design Right or Copyright of ours, or any other third party.
Limited License to Use the Website
Users are subject to a limited, revocable, non-exclusive license to access the Website where as the professionals are required to have their authorization with us to use the same. The services provided on the Website solely for the purpose of advertising, searching, renting, sale – purchase, leasing, re-searching etc on the Website. Any use of the Website that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
Account for and Other Regulations
Users agree that they are accountable for, and agree to abide by, all laws and regulations applicable to their use of the Website, their use of any tool, service or product offered on the Website and any transaction they enter into on the Website or in connection with their use of the Website.
Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of their rental property and the conduct of their rental business, including but not limited to taxes, permit or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to rental properties listed on the Website, there may be circumstances where we are nonetheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
Lodger Advisories
Although most travel is completed without a serious incident, travel to some destinations may involve more risk than others. We urge Lodger Hub to research the location they wish to visit and to review Lodger prohibitions, warnings, announcements and advisories issued by the country′s government prior to booking. Information may be found on various tourism or government websites.
Unauthorized Uses of the Website
The license to use the Website only extends to the uses expressly described herein. The license to use the website granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing Vacation Home services or other services that compete with us.
Unauthorized uses of the Website also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing :
1. Any commercial use (other than by members with a fully paid up subscription in good standing (a &valid subscription”) or by members pursuant to a valid license to software offered on a Website (a “valid license”) of the Website or any content on the Website.
2.Any use of the Website or the tools and services on the Website for the purpose of booking or soliciting a rental for a property other than a property listed under a valid subscription;
3.Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever.
4.Reproduce any portion of the Website on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website.
5.Deep-link to any portion of the Website without our express written permission.
6.Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Website.
7.Reverse engineer any part of the Website.
8.Sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties.
9.Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Website.
10.Use the Website and its inquiry functionality other than to advertise and/or research Vacation Home, to make legitimate inquiries to our members or any other use expressly authorized on the Website.
11.Use the Website or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretences, or taking any action that may be considered phishing or that would give rise to criminal or civil liability.
12.Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material.
13.Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights.
14.Use or access the Website in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Website or any other system used by us or the Website.
15.If you are aware of or experience any content, activity or communication through or in connection with the Website that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us as set forth under “Contact Us” below.
Proprietary Right & Downloading Information form the Website
The Website and all content and information on the Website are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Website. Copying, storing or otherwise accessing the Website or any content on the Website for other than for your personal, non-commercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us.
As part of the rental inquiry process, for your own personal, non-commercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Website. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Website that you desire to download, display or print.
Your Email Address and Data ; Our Privacy Policy ; Data Iransmittal
When you provide your e-mail address to us in connection with any service or tool provided on the Website or otherwise, you agree to allow the Website and its affiliated websites to add your e-mail address to our database of users. You may receive one or more promotional e-mails from either the Website or a website of one of Vacation Home’s affiliates. You are welcome to opt not to receive such promotional e-mails from the Website or such affiliates’ websites at any time. Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Website signifies your acknowledgment of and agreement with our Privacy Policy.
Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Website from such user at locations both within and outside of the country.
In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.
Identity Verification
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with a traveller or member through the tools available on the Website, though even this does not assure you of the identity of the person with which you are communicating.
You agree to
1. Keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts.
2. Instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person.
3. Notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person
4. Notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
Each user acknowledges and agrees that:
i. Neither Vacation Home nor any of its affiliates will have any liability to any user for any unauthorized transaction made using any user’ s password.
ii. The unauthorized use of your online id and password for your Vacation Home account or your email account could cause you to incur liability to both Vacation Home and other users. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
Limitations on Communications & use of Other Users Information’s
You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through the Website or through any Website-related communication, transaction or software, we have granted to you a license to use such information only for:
1. Website-related communications that are not unsolicited commercial messages.
2. Using services offered through the Website.
3. Inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Website (such as inquiring about or booking an online booking or charging a personal credit card). Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Website user, even a user who has rented a Vacation Home from you or to you, to your mailing list (email or physical mail) without the user’s express consent. You may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Website or through any tool or service provided on the Website.
Accountability for Property Listings, Reviews & Other User Contributed Contact ; Participation in Interactive Forums
We have no duty to pre-screen content posted on the Website by members, travellers or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, property listings, reviews of a rental property, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a user to the Website), (collectively, “user contributed content”). We are not responsible for user contributed content. “User contributed content” also includes information that a user provided to a third party website which is then provided to our Website by a tool we offer.
We reserve the right to decline to permit the posting on the Website of or to remove from the Website, any user contributed content that fails to meet our Content Guidelines, any other guidelines posted on a Website or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content, as determined in our consent. Finally, we reserve the right (but do not assume the obligation) to edit a member’s content or user contributed content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.
Property Listings
All property listings on the Website are the sole responsibility of the member (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on a member’s part. Members are solely responsible for keeping their property information up-to-date on the Website, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the Website is accurate or up-to-date even in the case where prospective travellers have searched for specific special offers, dates, or types of properties. We may from time to time provide or facilitate services to Members to create or improve the quality of their property listings. However, we assume no responsibility to verify property listings. Members are solely responsible for ensuring the accuracy of any property descriptions, and travellers are solely responsible for verifying the accuracy of such descriptions.
Accountability for all Other User Contributed Contact
All other user contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third party website. Users are solely responsible for their user contributed content and we specifically disclaim all liability for user contributed content.
The user represents and warrants that the user owns or otherwise controls and have all legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user generated content without such proof or if such proof is, in our sole discretion, insufficient.
License and Rights Granted to us
By submitting or authorizing user contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing subscription, we will not continue to display the user contributed content that was displayed in such listing.
You further grant us and our affiliates the ability to copyright and protect the user contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us-at our expense and control-to protect such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the member’s property listing or otherwise provide promotional or other services related to our business.
Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Website.
In the event that it is determined that you retain any rights of attribution, integrity or any other moral rights in any user contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user contributed content by us or our affiliates.
Privacy Policy
We adhere to strong principles of privacy and user contributed content may be disclosed only as provided in these Terms or our Privacy Policy.
Social Media or Third Party Websites
If the Website offers a tool or service which allows us to access or use any profile or other information about you that you have provided to Facebook, Twitter or another third party website (each a “Social Media Website”) and you decide to use such a tool or service, you acknowledge and agree that:
1. The information or content that are a part of your Social Media Website profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”) may be accessed and used by us in connection with the Website.
2. The Social Media Content will be considered “user generated content” under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to user generated content under these Terms.
3. In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Website to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse.
4. The operation of your profile and account with and on the Social Media Website shall continue to be governed by the terms and conditions and privacy policy of such Social Media Website.
Translations & Maps
If any user contributed content created by members or users is translated for display on any Website or any website of any affiliate of Vacation Home, the member or user is solely responsible for the review and accuracy of such translation. Unless we specify otherwise to the user or member, any translation services are offered by us free of charge.
Maps provided on the Website that are provided by Google are subject to the Google Maps terms and conditions located at: http://www.google.com/intl/en_us/help/terms_maps.html.
Notification of Infringement
We respect the intellectual property rights of others, and Vacation Home does not permit, condone, or tolerate the posting of any content on the Website that infringes any person’s copyright. Vacation Home will terminate, in appropriate circumstances, a member or traveller who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Website, please refer to our procedures for Notification of Copyright Infringement.
Unsolicited Ideas & Feedback
From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply.
The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that:
1. Your submission and its contents will automatically become the property of Vacation Home, without any compensation to you.
2. Vacation Home may use or redistribute any such submission and its contents for any purpose and in any way.
3. There is no obligation for Vacation Home to review any submission.
4. There is no obligation to keep any submission confidential.
Feedback on Our Business
We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the links under “General – Contact Us” below or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.
To provide feedback, you can contact us as provided under “Contact Us” below.
Links to Third Party Websites
This Website may contain links and pointers to other Internet websites, resources, and sponsors of the Website. Links to and from the Website to other third-party websites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party websites or the contents thereof. We may also provide tools to allow interaction between the Website and a third party website, such as a Social Media Website. We are not responsible in any way for such third-party websites or resources and your use of such websites and resources will not be governed by these Terms.
Disclaimer and Lmitation of Liability
In no event will Vacation Home, subsidiaries, affiliates, officers, directors, consultants, agents and/or employees (collectively, the “Vacation Home company”), or any third party provider of a service or tool offered on any website of a member of the Vacation Home Company (each a “third party provider”), be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from
a. Our website.
b. These terms.
c. Any breach of these terms by you or a third party.
d. Use of the website, tools or services we provide related to the business we operate on the website by you or any third party.
e. Any user contributed content.
f. Interaction between our website and any third party website, including without limitation a social media website, facilitated by a tool or service on our website.
g. Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from
1. Breach of contract.
2. Breach of warranty.
3. Strict liability.
4. Tort.
5. Negligence.
6. Any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law.
If you are dissatisfied with the website, you do not agree with any part of the terms, or have any other dispute or claim with or against us or another user of the website with respect to these terms or the website, then your sole and exclusive remedy against us is to discontinue using the website. In all events, our liability, and the liability of any member of the Vacation Home company, to you or any third party in any circumstance arising out of or in connection with the website is limited to the greater of (a) the amount of fees you pay to us in the twelve months prior to the action giving rise to liability or (b) $100.00 in the aggregate for all claims.
The website, including all content, software, functions, materials and information made available on or accessed through the website, is provided “as is.” to the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the content on the website or the materials, information and functions made accessible by the software used on or accessed through the website, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the website or any linked website, even if we become aware of any such breaches. Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose or accuracy. We do not warrant that the functions contained in the website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available is free of viruses or other harmful components.
You acknowledge and agree that any transmission to and from this website is not confidential and your communications or user contributed content may be read or intercepted by others. You further acknowledge and agree that by submitting communications or user contributed content to us and by posting information on the website, including property listings, no confidential, fiduciary, and contractually implied or other relationship is created between you and us other than pursuant to these terms.
You acknowledge and agree that you will not hold or seek to hold us or any third party provider responsible for the content provided by any user, including, without limitation, any translation thereof, and you further acknowledge and agree that we are not a party to any rental transaction or other transaction between users of the website. We have no control over and do not guarantee (other than pursuant to any guarantee the may be offered on the website) the safety of any transaction, rental property or the truth or accuracy of any listing or other content provided on the website.
You further acknowledge that by displaying information or property listings in particular destinations, we do not represent or warrant that travel to such destinations is without risk and are not liable for damages with respect to travel to any destination.
Indemnity
In the event that you have a dispute with one or more other users of the website (including, without limitation, any dispute between users regarding any transaction or user contributed content) or any third party website that may be linked to or from or otherwise interact with the website, including without limitation any social media website, you hereby agree to release, remise and forever discharge each member of the Vacation Home Company, each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the website.
You hereby agree to indemnify, defend and hold each member of the Vacation Home Company (collectively, the “indemnified parties”) harmless from and against any and all liability and costs incurred by the indemnified parties in connection with any claim arising out of your use of the website or otherwise relating to the business we conduct on the website (including, without limitation, any potential or actual communication, transaction or dispute between you and any other user or third party), any content posted by you or on your behalf or posted by other users of your account to the website, any use of any tool or service provided by a third party provider, any use of a tool or service offered by us that interacts with a third party website, including without limitation any social media website or any breach by you of these terms or the representations, warranties and covenants made by you herein, including without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
Responsibility for Property & Lodger Hub Liability
We do not provide liability insurance protection for owners, property managers, or travellers; regardless of whether a user obtains insurance coverage through one of our partners, users are solely responsible for obtaining insurance coverage sufficient to protect their properties and guests or their trip, as applicable. Members agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the properties they list on the Website prior to the arrival of their first Lodger Hubr and will maintain adequate insurance coverage through the departure date of any traveller they have obtained via one of our Websites. Further, Members agree to provide us with copies of relevant proof of coverage upon request.
No Agency
Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Website.
Changes to the Website or These Terms & Conditions
We may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Website without notice or liability. This version of the Terms became effective on the date set forth above and this version amends the version effective prior to such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent and you acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive in nature. Notification of any amendment will be posted on the Website by the indication of the last amendment date at the top of these Terms and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then
1. your sole remedy as a Lodger Hub, or any other user other than a member, is to discontinue your use of the Website.
2. your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your use of the Website, in which case your use of the Website will continue to be governed by the terms and conditions that were applicable to your use of the Website during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When members renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above.
We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Website with respect to such special program is governed by the terms and conditions of such l program, product or service.
Subscription rates are set at the time of a user or member’s subscription or renewal, as applicable. Such rates are subject to change without notice or approval. The rates in effect at the time of the member’s next subscription renewal, new listing or a member’s upgrade or any other additional or new order of any product or service will govern for such renewal or other order.
The types of products and services (including the features, terms and operation thereof) offered at the time of a member’s subscription are subject to change without notice or approval. We further reserve the right to offer additional products, services or features for purchase at any time. See also the section below relating to auto renewal of subscriptions.
Your Record of These Terms
We do not separately file the Terms entered into by each user of the Website. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
Enforcement of These Terms
We may immediately terminate any user’s access to or use of the Website due to such user’s breach of these Terms or any other unauthorized use of the Website. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.
Entire Agreement, Headings & Severability
These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Website. Headings in these Terms are for reference only and do not limit the scope or extent of such section. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
Assignment of Terms
We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
Additional Terms & Conditions Applicable to Uur Members
In addition to being bound by the Terms set forth above, members who purchase subscriptions to advertise a property on the Website are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a subscription.
Member Eligibility ; Accuracy of Information ; Representations
Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member represents and covenants that all information submitted to us and to the Website during such member’s registration with the Website shall be true and correct. Each member further agrees to promptly provide notice to the Website by contacting us as provided above under “General – Contact Us”regarding any updates to any such contact information previously submitted by such member to the Website. Each member agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Website, and proof of authority to list the property as we may request.
Each member further represents and covenants that:
1. It owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member.
2. It will not wrongfully withhold a rental deposit in breach of the underlying rental agreement.
3. That it will accurately describe the subject rental property and will not fail to disclose a material defect in, or material information about, a rental property.
4. That it will not wrongfully deny access to the listed property.
5. That it will not fail to provide a refund when due in accordance with the underlying rental agreement. Upon our request, each member agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Website, and/or proof of authority to list the property as we may request.
Cntent, Layout & Copy
All content and copy edits submitted by members are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, do not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member. All content must meet these Terms and our Content Guidelines. We reserve the right to edit content submitted to the Website in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any content displayed on the Website appears as the member intended.
Photographs
All printed (paper based) photographs submitted by a member will be discarded after we have scanned the same into our electronic database. We have no responsibility to return such photographs to you. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
Photographs should depict the Vacation Home as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. Photographs must meet our Content Guidelines. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph either electronically through the Website or by mailing a paper photograph to our offices, the member represents and warrants that
1. i. It holds all intellectual property rights with respect to each submitted photograph.
ii. Tt has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement.
2. That any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Website.
3. That the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph.
4. That it will indemnify and hold harmless the Website and any member of the Vacation Home Company from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
It is the member’s responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.
Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Website.
Uses of Our Trademark or Logos
There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The following are general guidelines: It is usually permissible for you to refer to Vacation Home or the name of one of our affiliate websites on which you list your property in a descriptive manner in your listing on the Website or in other permissible communications. For example, you might say “Check out my Vacation Home,” or “I list properties on Vacation Home.” However, you may not refer to Vacation Home or any of our affiliates in any way that might lead someone to believe that your company or website is sponsored by, affiliated with, or endorsed by Vacation Home or one of our affiliates. For example, you may not say “Vacation Home sponsors my Vacation Home,” or describe your property as “Vacation Home’s best Vacation Home.” You may not use the Vacation Home name or one of our affiliates’ names on any other website that lists Vacation Home without our prior written authorization.
The Vacation Home name and logo and those of the Vacation Home Company and our affiliates are registered trademarks in the country and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirts, etc., or if you have other questions, you may email us at : info@lodgerhub.comva.com.
Hypertext Links
We reserve the right to refuse hypertext links to, or addresses of, other web websites from members’ pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
Substitution of Properties, Advertising more than one Property, Property Managers
Each advertisement must relate to an individual and uniquely identified property, unless .
i. You are a property manager who has signed up for one of our packages for members who are property managers.
ii. You otherwise purchased a subscription package that expressly allows for substitution of properties. This means that:
1. The property in an advertisement may not be substituted for another property without our consent. We may approve a request if the property that was listed was sold or the contract with the owner was cancelled and the member provides sufficient proof thereof and completes any additional request forms we may request. The term of the subscription for any substituted property shall be the same as the term of the originally listed property (i.e., the term will not be extended past the original term).
If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
2. The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each advertisement, unless it is a property with multiple rental units on the same website and additional advertising units are purchased. We reserve the right to amend the copy or remove any advertisement when more than one property is described in such advertisement, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.
3. Members who manage twenty or more properties should contact Vacation Home for Property Managers at +39 3382189323 to discuss the packages that may best suit their needs. All other subscription listing packages require one subscription per listing (one subscription per property). Contact Vacation Home for Property Managers for additional information.
Unauthorized Payment Methods ; Subscription Payments ; Automatic Renewal of Subscription Payments
Payments between members and travellers: We are not a party to any payment transaction between members and travellers. No member may request any traveller to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Website may result in the immediate removal of the non-conforming listing from the Website without notice to the member and without refund. From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.
Payments for subscriptions: Payment for subscription listings must be made to us in U.S. Dollars paid either by major credit or debit card, or a check drawn on a U.S. bank.
Automatic Renewal: As applicable, for any subscription paid for by credit card, such subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration (as the previous term) and at the then-current non-promotional subscription rate. If such subscription was purchased by check or another form of payment other than by credit card (if such other payment form was permitted), such subscription shall not be automatically renewed. Automatic renewal applies to all subscriptions purchased by credit card on or after the applicable date set forth above and all subscriptions in force as of such date if we contact the member to obtain the credit card information in order to facilitate automatic renewal. This automatic renewal feature allows your service to remain uninterrupted at the expiration of your then-current term. If you wish to turn off auto-renewal, you must log on to your account and manually turn off auto-renewal in your owner dashboard at any time prior to expiration of the then-current term. Upon any such turning off auto-renewal, your subscription will remain active through the expiration of your then-current subscription term; however your subscription will not be automatically renewed upon the expiration of your then current term. If your subscription does not auto-renew or expires at the end of your then current subscription term and you desire to renew your subscription, you will be required to pay the then-current non-promotional subscription rate to renew your subscription or to activate a new subscription.
If you do not turn off auto-renewal and you continue to use our subscription service, you re-affirm and authorize us to charge your credit card at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current non-promotional subscription rate for the same product or service.
If the product or service that you last purchased has changed in any way or is no longer offered, you agree and authorize us to charge your credit card at the renewal of your subscription term for a product or service that is the most similar, as determined by us, to the product or service that you previously purchased, even if the price of such product or service is not the same of the prior product or service that you purchased. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary.
Subscription Term, Refund Requests & Termination/Cancellation or Transfer of Listings
Subscription Term: All listings are sold to run the full term that is chosen by the member. The term starts on the date that the member submits the full or initial (as applicable) payment and expires on the last date of the term chosen by the member. For example, for an annual subscription term, if the member submits payment for the subscription on July 1st, the subscription would expire on June 30 of the following year.
Refund Requests: Generally, no refunds are available unless a member qualifies for a refund under any guarantee program we may have in effect. If you believe you qualify for a refund under a guarantee we are offering, you may contact customer support by sending your request to the address listed under “General – Contact Us” above and include your listing number, and your reason for dissatisfaction. We will then determine, in accordance with the applicable guarantee program, whether any refund is due.
Refund Requests for Listings Not Completed: In the event you purchase a subscription for a listing but do not complete the creation of the listing or the listing does not get posted after purchase for any other reason, refund requests will be considered only during the first three (3) months following the purchase date. If within such three (3) month period you do not complete the creation of your listing as we may require to display such listing on the Website (i) you shall not be entitled to any refund and (ii) your subscription will expire no more than 15 months from the purchase date of the subscription regardless of the listing posting date.
If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your listing will remain online for the entire subscription period without refund. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.
Our Right to Terminate a Listing: If, in our sole discretion, any member submits unsuitable material to our Website or into our database misuses the Website or our online system or is in material breach of these Terms, we reserve the right to terminate such member’s subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such member’s listing from the Website (for example, and without limitation, if a member double-books a property for multiple travellers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair or improper within the Vacation Home industry, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such member’s subscription(s) without notice to the member and without refund. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative of the Vacation Home Company, we reserve the right to terminate such member’s subscription(s) immediately without refund. Finally, if any member is in breach of these Terms or its obligations to us then we may terminate such member’s subscription(s) immediately without notice to the member and without refund.
Transfer of Listing: No listing may be transferred to another party. In the event of a property sale, Vacation Home will provide guidance to both seller and buyer regarding options for creating a new listing.
OVERVIEW
This website is operated by Lodger Hub . Throughout the site, the terms “we”, “us” and “our” refer to Lodger Hub . Lodger Hub offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order)
.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Travelliva, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lodger Hub and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 35 Sycamore Ln, Levittown, NY, 11756, United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 -CANCEL AND REFUND
Most of our airline tickets, hotels, pre-paid car rentals, vacation packages and service fees are non-refundable after 24 hours of booking. All cancellations must be done over the phone only. We can accept refund requests only if the following conditions have been met:
-you have applied for a cancellation and refund with us and if the fare rules provide for cancellation and refunds.
– you are not a “no show” (most “no show” bookings are in-eligible for any waiver from suppliers for refund processing); and
– we can secure waivers from suppliers to process this requested cancellation and refund.
We are unable to provide a specific time line for how long it may take for this requested refund to be processed. All refund requests are processed in a sequential format. Once you have provided our customer service agent with your cancellation request, we will then send you an email notification that your request has been received. This notification does not automatically qualify you for a refund. This only provides you with an acknowledgement of your request and provides you with a tracking number. Upon receipt of your request, we will work with the suppliers such as airlines, hotels, car-rental companies to generate a waiver based on airline and other supplier rules and notify you of the supplier decision. Our services fees associated with the original travel reservation or booking are not refundable. Please note that we are dependent on the suppliers for receiving the requested refunds. Once the refund has been approved by the supplier it may take additional time for this to appear on your credit card statement. Generally, all suppliers will charge a penalty for refund. This entire process may take 60-90 days from receipt of your request to receiving credit on your statement.
All refund fees are charged on per-passenger, per-ticket basis. These fees will only be assessed if a refund has been authorized by the supplier or a waiver has been received and when the airline/supplier rules permit such refunds excluding our booking fees for the original travel reservation or booking.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@lodgerhub.com
Host Terms
Hosting on LodgerHub
Host. As a Host, Airbnb offers you the right to use the LodgerHub Platform to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests – and earn money doing it. It’s easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing.
Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Airbnb Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees LodgerHub service fee (and applicable taxes) for each booking. LodgerHub Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Guests must: (i) be consistent with these Terms, our
Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
Independence of Hosts. Your relationship with LodgerHubis that of an independent individual or entity and not an employee, agent, joint ventures or partner of LodgerHub, except that LodgerHubPayments acts as a payment collection agent as described in the Payments Terms. Airbnb does not direct or control your Host Service and you understand that you have complete discretion whether and when to provide Host Services and at what price and on what terms to offer them.