Terms and Conditions
Last updated: January 13, 2013
You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and MyRentals. You are not authorized to use this Site unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18.
Vacationers – Click here to jump to PART 2)Terms and Conditions Applicable to Online Bookings.
Owners - Additional terms apply specifically to property owners in the form of our “Advertiser Agreement” which is viewable within the owner dashboard.
PART 1) GENERAL TERMS OF SITE USE:
1.1 The Site is a Venue and we are Not a Party to any Rental Agreement or other Transaction between Users of the Site.
MyRentals Corp and other Sites act as a venue to allow property owners/managers who advertise on the Site (each, classed as an “ owner”) to offer for rent in a variety of pricing formats, a specific vacation rental property to potential renters (each, a “ user” and, collectively with an owner, the “ users”). We also offer online booking or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions.
We are not a party to any rental or other agreement between users. This is true even if the Site allows you to book a rental or provides other ancillary products or services, as the Site may facilitate booking a rental or other tools, services or products, but 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 user and a owner, 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 property review), the ability of owners to rent a vacation property or the ability of users to pay for vacation rental properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions prior to making a booking or purchasing a product or service which may place additional restrictions on your booking, product or service.
1.1.1 Responsibility for applicable laws, rules and regulations: Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site. Owners further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to credit card, data and privacy laws, rules & regulations, 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 or regulatory compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless 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.
Owners who accept credit card, banking or other payment information from travelers agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
1.1.2 Travel Advisories: Although most travel is completed without a serious incident, travel to some destinations may involve more risk than others. We urge travelers to research the location they wish to visit and to review travel prohibitions, warnings, announcements and advisories issued by your country of residence.
1.1.3 Warnings of Suspicious Activity: 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.
1.2 Limited License to Use the Site
Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a vacation rental property, searching for a vacation rental property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site 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.
1.3 Unauthorized Uses of the Site
The license to use the Site only extends to the uses expressly described herein. The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site 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 Site, 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 property rental services or other services that compete with us. Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing:
- Any commercial use (other than by owners in good standing);
- Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a property other than a property listed;
- Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
- Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
- Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site;
- Reverse engineer any part of the Site;
- Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
- 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 Site;
- Use the Site and its inquiry functionality other than to advertise and/or research vacation rentals, to make legitimate inquiries to our owners or any other use expressly authorized on the Site;
- Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
- 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; or
- Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site 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 section 3.1 "Contact Us" below.
1.4 Proprietary Rights and Downloading of Information from the Site
The Site and all content and information on the Site 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 Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, non-commercial use (other than in accordance with a valid user account) 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 Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.
Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.
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.
1.6 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 user or owner through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for travellers, of the property and relevant details of your booking or proposed booking.
You agree to (i) 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, (ii) 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, (iii) 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, and (iv) 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:
1.6.1 MyRentals does not have any liability to any user for any unauthorized transaction made using any user’s password; and
1.6.2 The unauthorized use of your online id and password for your MyRentals account or your email account could cause you to incur liability to both MyRentals 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.
1.7 Limitations on Communications and Use of Other Users’ Information; No Spam
You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (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 Site user, even a user who has rented a vacation property 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 Site 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 Site or through any tool or service provided on the Site.
1.8 Responsibility for Property Listings, Reviews and Other User contributed Content; Participation in Interactive Forums
We have no duty to pre-screen content posted on the Site by owners, travelers 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 Site), (collectively, “ user contributed content”). We are not responsible for user contributed content. “ User contributed content” also includes information that a user or any other person provided to a third party website or mobile application which is then provided to our Site by a tool we offer.
We reserve the right to decline any user contributed content that fails to meet our Content Guidelines, in our sole 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 owner’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 or to provide services to owners to create or improve on listings, in accordance with information we have about the property listed. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.
1.8.1 Property Listings: All property listings on the Site are the sole responsibility of the owner (who may be 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, or any alleged breaches of contract on a owner's part. Owners are solely responsible for keeping their property information up-to-date on the Site, 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, property location, suitability, pricing or availability information published on the Site 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 owners to create or improve the quality of their property listings. We also may from time to time create new, or otherwise change, the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic description associated with any property listing. However, we assume no responsibility to verify property listing content or the accuracy of the location. Owners are solely responsible for ensuring the accuracy of listing content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy and users are solely responsible for verifying the accuracy of such content and descriptions.
1.8.2 Responsibility for All Other User Contributed Content: 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.
1.8.3 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, sub-license (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 owner’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 sub-license 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 owner’s property listing or otherwise provide promotional or other services related to our business.
Further, each owner agrees that we may reproduce in whole or in part any photographic material supplied by such owner in the promotion of either such owner’s property or the promotion of the Site.
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.
1.9 Social Media or Third Party Websites
If the Site 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 or another third party website (each a “ Social Media Site”) and you decide to use such a tool or service, you acknowledge and agree that:
1.9.1 The information or content that are a part of your Social Media Site 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 Site;
1.9.2 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;
1.9.3 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 Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
1.10 Translations and Maps
If any user contributed content created by owners or users is translated for display on any Site of MyRentals, we cannot guarantee the accuracy or quality of such translation and the owner or user is solely responsible for the review, verification and accuracy of such translation. Unless we specify otherwise to the user or owner, any translation services are offered by us free of charge. Maps provided on the Site 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.
1.11 Notification of Infringement; DMCA Policy
We respect the intellectual property rights of others, and MyRentals does not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. MyRentals will terminate, in appropriate circumstances, an owner or user who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement.
1.12 Unsolicited Ideas and Feedback
1.12.1 Unsolicited Ideas: 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 MyRentals, without any compensation to you; (2) MyRentals may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for MyRentals to review any submission; and (4) there is no obligation to keep any submission confidential.
1.12.2 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.
1.13 Software Available on the Site
The Site is controlled and operated by MyRentals in the United States. Software available on the Site (the “Software”) is subject to United States export controls. No Software available on the Site or software available any other site operated by MyRentals or an affiliate of MyRentals in the United States may be downloaded or otherwise exported or re-exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All Software is the copyrighted work of MyRentals. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal, non-transferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
1.14 Links to Third Party Sites
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
1.15 Limitation of Liability
In no event will MyRentals, subsidiaries, affiliates, officers, directors, consultants, agents and/or employees (collectively, the “MyRentals group”), or any third party provider of a service or tool offered on any site of a member of the MyRentals group (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 site, (b) these terms, (c) any breach of these terms by you or a third party, (d) use of the site, tools or services we provide, or any third party provider provides, related to the business we operate on the site, by you or any third party (e) any user contributed content, (f) interaction between our site and any third party site, including without limitation a social media site, facilitated by a tool or service on our site and/or (g) any actual or attempted communication or transaction, including without limitation, any payment transaction (even if we or any third party provider receive a commission or fee in connection therewith) 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, or (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 site, you do not agree with any part of the terms, or have any other dispute or claim with or against us, any third party provider or any user of the site with respect to these terms or the site, then your sole and exclusive remedy against us is to discontinue using the site. in all events, our liability, and the liability of any member of the MyRentals group, to you or any third party in any circumstance arising out of or in connection with the site 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 site, including all content, software, functions, materials and information made available on or accessed through the site, 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 site or the materials, information and functions made accessible by the software used on or accessed through the site, 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 site or any linked site, 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 site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the site 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 site 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 site, including property listings, no confidential, fiduciary, 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 site. We have no control over and do not guarantee (other than pursuant to any guarantee that may be offered on the site) the safety of any transaction, rental property or the truth or accuracy of any listing or other content provided on the site.
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.
1.17 Release; Indemnification
In the event that you have a dispute with one or more other users of the site (including, without limitation, any dispute between users regarding any transaction or user contributed content) or any third party provider or any third party website that may be linked to or from or otherwise interact with the site, including without limitation any social media site, you hereby agree to release and forever discharge each member of the MyRentals group, 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 site. If you are a California resident, you waive California civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You hereby agree to indemnify, defend and hold each member of the MyRentals group (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 site or otherwise relating to the business we conduct on the site (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 site, 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 site 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 defense of any claim.
We reserve the right, at our own expense, to assume the exclusive defense 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.
1.18 Jurisdiction; Choice of Law and Forum; Time Limit
This site is operated by us in the United States and we make no warranty that the materials and content on the site are appropriate or available for use outside of the United States. those who choose to access the site from outside the united states do so on their own initiative and are responsible for local laws, if and to the extent that local laws are applicable.
Any and all services and rights of use hereunder are performed, performable and/or sold in the state of Nevada, United States of America, and you irrevocably agree and consent that any cause of action you may submit in connection with your use of the site or pursuant to these terms will be filed in the state or federal courts in Carson City, Nevada which you acknowledge, consent to and agree will be the exclusive forum and venue for any legal dispute between you and us. you also agree that any dispute between you and us will be governed by the laws of the state of Nevada, without regard to conflict of laws principles.
Any cause of action you may have hereunder or with respect to your use of the site must be commenced by filing suit in Carson City, Nevada, within one (1) year after the incident upon which the claim or cause of action is based first occurred.
PART 2) Terms and Conditions Applicable to Online Booking
2.1 Group Bookings
We reserve the right to refuse reservations for parties of four or more persons of the same sex. We may not accept group bookings under the age of 25 to certain property types.
2.2 Payments for Accommodation
Demand for vacation availability is brisk. The method of securing your chosen dates of a property is to place a Booking Confirmation. Confirmations require a deposit payment which the majority of users provide via either a credit or debit card. Wire transfers and BACS internet bank payments are also sometimes used. The deposit amount is identified on the property detail page as well as within the “Availability Notification” following an enquiry. Failure to provide a deposit payment within three (3) days of a booking confirmation automatically results in cancellation of the booking and release of the dates for other vacationers.
The balance of your accommodation price must be paid within the owners balance payment options and timeframe. Details are provided on the property detail page and your profile’s “Booking Manager”. If you fail to pay within the owners’ timeframe, your accommodation will be cancelled and you will lose your deposit. If you book within six (6) weeks prior to departure this will be classed as a late booking and full payment is due immediately before we can confirm your booking. We reserve the right to re-let the accommodation if payments are not made within the prescribed timeframes.
2.3 Acceptable Forms of Payment
The Site is connected to a currency exchange system able to convert between various currencies to whichever currency the owner has requested payment in. The exchange rates are updated hourly.- Debit Cards are processed without any transaction fees.
- Credit Cards incur a transaction fee of 2.5%
- BACS / Internet Payments are processed without any fees.
- Wire Transfers incur transaction charges that will be visible within the booking form.
- Cheques(Checks) are slow to process but without any transaction fees.
2.4 Changes to Bookings
Once a Booking Confirmation has been issued, if you wish to change your travel arrangements, for example your chosen departure date or accommodation, we can often arrange such changes but it may not always be possible. Any request for changes must be confirmed in writing from the person who made the booking and incurs a £25 ($40) administration charge. Change requests within eight (8) weeks of your departure date will be treated as a cancellation and the cancellation charges shown in section 2.5 Cancellation Policy apply.
2.5 Cancellation Policy (Also refer to the option “Cancellation Protection” below).
Cancellations must be made in writing and will take effect on the date we receive either a letter or email. Once you confirm a booking MyRentals incurs costs in securing your accommodation.
We try our best to mitigate problems concerning a cancellation in favor of our customers; however the closer a cancellation is to your departure date the less likely we are able to recover the costs by re-selling the accommodation dates. Cancellation charges therefore increase as the departure date approaches as shown below. Our Cancellation Protection coverage or a comprehensive travel insurance policy taken out prior to your vacation should recover cancellation charges associated with the unfortunate need to cancel your booking.
The following sliding scale charges apply with a cancellation:
|More than 8 weeks prior to departure||loss of deposit|
|56 - 43 days prior to departure||40% cost of your accommodation or loss of deposit whichever is greater|
|42 - 29 days prior to departure||60% cost of your accommodation|
|28 - 0 days prior to departure||100% cost of your accommodation|
Please note all deposits are non-refundable.
2.6 Cancellation Protection
By utilizing and/or purchasing Cancellation Protection you agree to the terms and conditions under the plan and acknowledge that the User understands that certain policy restrictions apply. Full details of the Cancellation Protection coverage are contained in the Description of Coverage.
2.7 Your accommodation
Your accommodation is reserved exclusively for the people named on the Booking Confirmation and no other persons are permitted to stay at the accommodation unless this has been agreed with MyRentals in writing with appropriate supplement payments made (if applicable). Should you or any member of your party be responsible for any breakages, loss or damage of any item of the property or additional cleaning has been necessary, following communication with the owner, you will be informed of a pending charge to be taken from your security deposit.
2.8 Maximum Occupancy
The occupants of the booked property must agree with details shown on the Booking Confirmation. Under no circumstances must the occupancy exceed the number of guests listed on the Booking Confirmation. Failure to comply with this may result in eviction from the property.
2.9 Property Damage Security Deposit
An additional 'breakages/damages deposit' is required for most vacation properties (the property detail page identifies the amount). You will be advised as part of the booking process if this is to be held by the owner, agent or MyRentals. If MyRentals is to hold the security deposit then a credit card authorization form is required to be completed, signed and returned to us 2 weeks before your departure date. In the event of reported damage from the owner/agent, MyRentals reserves the right to deduct any costs incurred from the users’ credit/debit card. Any breakages or damages should be reported to MyRentals at the time they occur to allow time to investigate prior to any deduction from the users’ card. If the user does not inform MyRentals of any damages then the owner/agents claim is binding. You will be notified of any breakages or damages recorded after your departure and possibly charged.
2.10 Property Descriptions
MyRentals takes all reasonable precautions to ensure that the descriptions and prices of properties or services shown on the Site are accurate. However we are reliant on owners and agents supplying this information. Errors do occasionally occur and MyRentals reserves the right to alter descriptions or prices if necessary. All location maps showing positions of properties are supplied as a close approximation to the location only.
2.11 Keys / Entry Info
MyRentals arranges for the entry instructions or keys to be provided to the vacationer a few weeks before your arrival. Once final payment and security deposits are received, you will receive the necessary details regarding your accommodation, such as directions, key collection and any supplementary information. The vacationer is responsible for all keys whilst they are in their possession and for their safe return to the agent or specified location. Loss of any keys while in your charge will incur a replacement charge per key plus any costs incurred employing a locksmith. In the event of lost external door keys, the vacationer is liable for the relevant replacement locks.
2.12 Consideration for Others
At all times during a vacationer’s stay at the accommodation, MyRentals expects the vacationer to have consideration for all neighbours and third parties. If in the opinion of us, the property owner or other person in authority, you are, or appear to be behaving in such a way as to cause, or to be likely to cause, danger, distress, annoyance or damage to property, you risk termination of your accommodation privileges and deemed in breach of this agreement. In such a situation, MyRentals may terminate this agreement immediately without liability or responsibility for any problems or expenses you experience following termination. You remain liable for all expenses incurred to MyRentals as a result of the problem causing the termination.
2.13 TV / Satellite Television
Many of the properties in our Site list Satellite TV as an included benefit. Depending on the Site destination not all will include English language channels. Please check before booking if this is a requirement. Do not attempt to retune the satellite TV's as this will incur the expense of a technician having to attend the property to sort out any problems. If the Satellite signal is lost during your stay, MyRentals will not be held liable.
Every effort is made to identify if the "Bathroom" in the property description includes a bath or is a shower room. MyRentals is still in the process of identification for each property listed in this Site.
2.15 Linen and Towels
All bed linen and bath towels are provided. Unless specifically mentioned in the property detail page - beach and pool towels are NOT provided and it is recommended that vacationers bring them if required. Bath towels provided must NOT be used round the pool or at the beach.
2.16 Complaints Procedure
In the unlikely event of a complaint you must contact us as soon as practicable with full details of your issue. We ask for your cooperation and patience in such a situation as we endeavor to resolve your complaint, especially if we need to involve tradesmen to rectify a problem.
We will seek your confirmation that the problem IS resolved, so please keep us informed if further delays occur or your complaint is not resolved to your satisfaction.
A record of your complaint will be created in your profile with details of all correspondence exchanged for later reference. You can follow up with MyRentals if required upon your return home.
We can only live up to our promise of putting vacationers first if we are kept informed of your experiences with MyRentals and the properties that we advertise.
2.17 Force Majeure
In the chance occurrence of the following happening, MyRentals will endeavor to inform and help where possible but cannot be held in any way liable for what MyRentals considers instances of force majeure:
2.17.1 Cancellation of booking due to circumstances beyond the control of MyRentals including but not limited to war or the threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions.
2.17.2 Failure in the supply of third party services or goods with whom you have contracted, including but not limited to flights, car hire, wheelchair hire, etc.
2.17.3 The closing or cessation of any facilities, published or otherwise, by the community of owners or the particular owner of the rental property. Exception to this rule is if the closing or cessation is prior to the booking period and known to MyRentals, we will give you the option to change accommodation and/or holiday dates, or even cancel the booking.
2.17.4 Loss of utility services during the vacation such as water or electricity cuts, or failure of any equipment/appliances in the property. In such a circumstance we request that you immediately contact MyRentals so that we can ascertain the situation and arrange repair or replacement as soon as is feasible.
2.17.5 The appearance of any insect, reptile or animal considered not to be normally appreciated within the boundaries of the property. In such a circumstance we request that you immediately contact MyRentals so that we can take steps to resolve such an issue as quickly as possible.
2.17.6 Any noise or disturbance originating beyond the boundaries of the rental property.
2.17.7 Any loss or damage to personal property.
2.17.8 Any illness, personal damage or fatality occurring however caused.
2.17.9 The removal of a property from the Site causing the impediment of a booking. In such a rare circumstance, MyRentals will offer a comparable alternative as well as a cancellation option with full refund of any payments.
2.18 Responsibility for Property and Traveler Liability
We do not provide liability insurance protection for owners, property managers, or travelers; regardless of whether a user obtains insurance coverage through one of our third party providers. Users are solely responsible for obtaining insurance coverage sufficient to protect their properties and guests or their trip, as applicable. Owners agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the properties they list on the Site prior to the arrival of their first user and will maintain adequate insurance coverage through the departure date of any accommodation they have obtained via one of our Sites. Further, Owners agree to provide us with copies of relevant proof of coverage upon request.
2.19 Use of Booking Manager or other Online Booking Tools We Offer on our Sites
In addition to being bound by the other terms set forth herein, Users and Owners who use Booking Manager or any other tool provided by us or a third party provider on our Site enabling users to book and/or pay for the rental of properties online on one or more of our Sites (collectively, the “Booking Services”) are also bound by the following terms, which are in addition to any other terms applicable in connection with using our Site. In addition, if such Booking Services include payment or other services provided by a third party provider, such services are subject to the additional terms and conditions and privacy policies of such third party providers.
2.20 Booking Services
2.21 Rental Agreement
By utilizing a rental agreement as part of the Booking Services or otherwise displaying terms relating to the rental as part of the online booking process (including such terms that we may require), the user (as “Guest”) and owner (as “Owner”) each agree to the terms and conditions set forth in the rental agreement or other such terms displayed in the booking process (including without limitation the cancellation refund policy) effective as of the date that the user indicates acceptance of the booking or rental agreement, as applicable. You hereby acknowledge and agree that (a) you are fully responsible for such terms and conditions, (b) any rental agreement used, whether the standard agreement provided by the Site or a rental agreement copied and pasted into the Booking Manager (or other online booking tool on the Site) by either party, is used solely at their own risk and expense, (c) nothing contained in the Booking Services, this Agreement, or any sample rental agreement is a substitute for the advice of an attorney, and (d) that you have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with country, federal, state, and local law and their particular circumstances, and to revise the rental agreement as necessary to accurately represent their property, rules, features, etc.
2.22 Use of Booking Services or Third Party Online Booking Services:
2.22.1 Third Party Booking Services Software: There are some Owners, typically property managers, who use software provided by third parties and such software (“Third Party Booking Services”) may be governed by terms provided by the third parties or Owners making such Third Party Booking Services available. Users who use such Third Party Booking Services are responsible for complying with such terms in addition to our Terms, including, but not limited to the following.
2.22.2 Timing of Acceptance of Booking Requests and Payment Processing Applicable to Property Managers: Owners who are property managers agree to use commercially reasonable efforts to respond to all booking requests from travelers within 24 hours of receipt of a request for booking. Owners who are property managers further agree to take commercially reasonable efforts to cause all user payments to be processed within 24 hours of authorization by the user for such payment.
PART 3) GENERAL
3.1 Contact Us:
To contact us for any reason, users can click on the Enquiries link in the header of the Site or email firstname.lastname@example.org
3.2 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 Site.
Except as explicitly stated otherwise, any notices to us shall be given by email to email@example.com or by postal mail to:
MyRentals Corp., Attn: Legal Department, 240 Scooterbridge Road, Batesburg, South Carolina 29004
When we need to send you notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.
3.4 Changes to the Site or these Terms and Conditions:
We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site 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 Site 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 (i) your sole remedy as a user, other than an owner, is to discontinue your use of the Site, and (ii) your sole remedy as an owner is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site 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.
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 Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product or service.
Subscription rates and fees (including any commissions) charged for any listing that is not subscription based (such as pay-per-booking or pay-per-lead) are set at the time of a user or owner’s purchase of the subscription or renewal or sign up for the non-subscription based, listing, as applicable. Such rates and fees are subject to change without notice or approval. For subscription listings, the rates in effect at the time of the owner’s next subscription renewal, new listing or an owner’s upgrade or any other additional or new order of any product or service will govern for such renewal or other order. The fees and commissions applicable to pay-per-booking listings offered on one or more Sites will be displayed under the “List Your Property” tab when such product is generally made available on a Site or shall be otherwise set forth in a communication between us and the owner.
The types of products and services (including the features, terms and operation thereof) offered at the time of an owner’s subscription or sign up for a non-subscription based listing are subject to the descriptions displayed at the time of use and/or purchase and 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.
3.5 Your Record of These Terms:
We do not separately file the Terms entered into by each user of the Site. 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.
3.6 Enforcement of These Terms:
We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. 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.
3.7 Entire Agreement, Conflict, Headings and 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 Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail. 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.
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.
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