General Terms of Use

TripVacationRental.com,vacation rental owners and managers (collectively “Listers”) and persons interested in vacation rental properties (“Renters”), conditioned upon acceptance without modification of the terms and conditions set forth herein (these “Terms of Use”). Your use of this Site constitutes your agreement to all of the terms and conditions set forth herein.

Venue. TripVacationRental is not a party to the rental transaction. TripVacationRental does not own nor can it contract for any vacation rental property listed on its website (a “Furnished Listing” and collectively “Furnished Listings”). Instead, this Site is a venue that allows Listers to offer Furnished Listings for rent and for Renters to rent such properties. TripVacationRental is not involved in the actual transaction between the Listers and the Renters,TripVacationRental has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of Listers to rent the properties listed or the ability of Renters to pay for the rentals. Consequently, TripVacationRental cannot ensure that a Lister and the Renters will actually complete a transaction and does not make any representations as to the quality, location, availability, suitability, or pricing of any specific property.

Modification. TripVacationRental reserves the right to modify these Terms of Use at any time without notice. By accessing this Site after any changes to these Terms of Use have been posted thereon, you will be deemed to have consented to all such changes.

Use. This Site is provided solely for you to interact with TripVacationRental and may not be used by any other person or entity, or for any other purpose.

No Implied License. This Site and any associated software, files, data, content, documentation, or any other materials provided by TripVacationRental (collectively “Associated Materials”) are protected by United States and international copyright, trademark and other laws. © 2014 TripVacationRental. All rights reserved. TripVacationRental does not convey to anyone, through allowing access to this Site, any ownership rights in this Site or in the Associated Materials appearing on or made available through this Site. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of this Site or the Associated Materials.

You shall not cause this Site to be displayed as a part of or within another Internet site or Web page or resell or redistribute any portion of this Site or Associated Materials or provide access to the foregoing to any third party for financial gain.

Conduct. You agree not to use this Site or the Associated Materials to: (i) restrict or inhibit others from using and enjoying this Site; (ii) transmit or upload unauthorized advertising, promotional materials, junk mail, “spam,” chain letters or any other form of unauthorized solicitation, or any materials or listings that contain false, inaccurate or misleading information; (iii) transmit or upload any material that violates or infringes the rights of third parties including, without limitation, copyright, patent, trademark, rights of privacy or publicity or any other proprietary right; (iv) transmit or upload any virus or any program or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) transmit or upload any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent; (vi) gain unauthorized access to other accounts on the Site, other computer systems or networks; (vii) store, collect or disclose any company names, addresses, telephone numbers, email addresses, listings, reports, fees, pricing or any other information except as strictly necessary to use the Site or (viii) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact. You, and not TripVacationRental, shall be responsible for ensuring that your use of the Site and the Associated Materials does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, the U.S. Fair Housing Act or any U.S. law regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to this Site. TripVacationRental shall have the right, but not the obligation, to monitor or review your conduct on this Site.

Feedback. In the event that you provide TripVacationRental with any feedback or suggestions (“Feedback”) regarding the functionality and/or performance of this Site or the Associated Materials, TripVacationRental shall have a non-exclusive, perpetual, non-terminable, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.

Links to Third-Party Sites. This Site may contain links to Web sites operated by parties other than TripVacationRental. Such links are provided for your convenience and reference only. The linked sites are not under the control of TripVacationRental, and TripVacationRental is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of a link does not imply any association with their operators or any endorsement of the linked site by TripVacationRental.

Indemnification. You shall indemnify, defend and hold harmless TripVacationRental, its officers, directors, shareholders, employees, agents, representatives, partners and owners of other web sites or properties to whom we provide listings (collectively “TripVacationRental”) against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys’ fees, accounting fees, and expert witness fees arising out of or related to (i) your use of this Site or the Associated Materials and (ii) any breach or non-compliance by you of these Terms of Use. TripVacationRental shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the written consent of TripVacationRental.

Disclaimer of Warranty. THIS SITE AND THE ASSOCIATED MATERIALS, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TripVacationRental MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THIS SITE, THE ASSOCIATED MATERIALS, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS, 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 ASSOCIATED MATERIALS OR ANY LINKED SITE. TripVacationRental DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TripVacationRental MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THIS SITE, THE ASSOCIATED MATERIALS, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS.

Limitation of Liability. TripVacationRental SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH TripVacationRental OR THIS SITE AND THE ASSOCIATED MATERIALS, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THIS SITE AND THE ASSOCIATED MATERIALS OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THIS SITE AND THE ASSOCIATED MATERIALS, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF TripVacationRental HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IN NO EVENT SHALL TripVacationRentalS TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF USE OR THIS SITE AND THE ASSOCIATED MATERIALS EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Third Party Rights. These Terms of Use are not intended and shall not be construed to create any rights or remedies in any parties other than the parties hereto and no person shall assert any rights as a third party beneficiary hereunder.

Termination. You agree that TripVacationRental, at its sole discretion, may terminate your access to this Site and your account, if any, at any time and without prior notice for any reason. TripVacationRental may also in its sole discretion and at any time discontinue providing this Site, or any part thereof, with or without notice. Further, you agree that TripVacationRental shall not be liable to you or any third-party for any termination of your access to this Site and/or your account.

No Business Relationship Created By Your Use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TripVacationRental as a result of your use of this Site.

No Waiver. The failure of TripVacationRental to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Severability. If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby.

Governing Law. These Terms of Use shall in all respects be governed by, subject to, enforced and construed in accordance with the laws of England including all matters of construction, validity, performance and enforcement. The parties agree that the exclusive jurisdiction and venue of any action between the parties arising out of, or in any way connected with the provisions of these Terms of Use, the subject matter hereof, the parties mutual rights and obligations arising heretofore or hereafter or the performance of any of the terms and conditions hereof by either of the parties hereto shall be the Superior Court of England for the County of Northumberland , as applicable, and each of the parties hereby submits itself to the exclusive jurisdiction and venue of such courts for purposes of any such action or proceeding.

Additional Agreement of Vacation Rental Owners or Managers

Current Information . By registering on this Site as a vacation rental owner or manager ( “Lister”), you agree to provide accurate and current information about yourself as prompted by the registration process and maintain and promptly update your online profile information to keep it accurate and current.

Furnished Listings and Related Content. By listing a vacation rental property (a “Furnished Listing” and collectively “Furnished Listings”) on this Site:

     a. You represent and warrant that (i) you own and control all of the rights to the content that you post or otherwise distribute regarding the Furnished Listings, or you otherwise have the lawful right to post and distribute such content to or through the Site; (ii) such content is accurate and not misleading (including, without limitation, descriptions, features, availability and rental pricing, and pictures (whether supplied by you or authorized by you to be taken by TripVacationRental from another web site)); and (iii) use and posting or other transmission of such content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

     b. You represent and warrant that each Furnished Listing displays an individual and uniquely identified property available for short term rent. A Furnished Listing cannot be an example of properties available. Only one vacation rental unit can appear on each Furnished Listing. TripVacationRental reserves the right to amend or remove any Furnished Listing, when more than one property is described, and may choose, in its sole discretion to retain any subscription fees associated with the non-conforming listing as compensation for violating this condition.

     c. You represent and warrant that the Furnished Listings will not contain addresses of other web sites, HTML, code or other markup languages. Addresses of other web sites, HTML, code, or other markup languages will be removed from Furnished Listings without notice. You agree not to place email addresses within your listings other than in the designated area to help prevent SPAM and discourage email harvesting robots from crawling TripVacationRental.com. Email addresses included outside the designated area will be removed from Furnished Listings without notice.

     d. You grant TripVacationRental, its affiliates, and licensees (i) a nonexclusive, royalty-free, perpetual, transferable, irrevocable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised; (ii) the right to use the name that you submit in connection with such content, if they choose; and (iii) the right to pursue at law any person or entity that violates your or TripVacationRentals rights in the content by a breach of these Site Terms.

     e. You understand that content submitted will be considered non-confidential and TripVacationRental, its affiliates, and licensees will be under no obligation to treat such content as proprietary information. Without limiting the foregoing,TripVacationRental, its affiliates, and licensees reserve the right to use the content as they deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. TripVacationRental, its affiliates, and licensees are under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to TripVacationRental. TripVacationRental, its affiliates, and licensees shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties.

     f. You hereby declare that if it is determined that you retain moral rights (including rights of attribution or integrity) in the content (i) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (ii) you have no objection to the publication, use, modification, deletion and exploitation of the content by TripVacationRental, its affiliates, and licensees; (iii) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (iv) you forever release TripVacationRental, its affiliates, and licensees, from any claims that you could otherwise assert against TripVacationRental, its affiliates, and licensees by virtue of any such moral rights.

     g. You acknowledge that: (i) you will be responsible for adhering to all local regulations including, but not limited to, permits, licenses, zoning regulations, occupancy taxes, and safety compliance; (ii) TripVacationRental is not a property management company; (iii) prospective Renters will contact you directly using the email contact, booking or payment forms or the contact information provided with the Furnished Listing; (iv) TripVacationRental is not responsible for Renters of property (it is your responsibility to validate the qualifications of the prospective Renters and rent a Furnished Listing on terms and conditions acceptable to you; and (v) TripVacationRental may, at no additional cost to you, license third-party web sites to advertise the Furnished Listings in order to maximize the visitors to your listing.

     h. You understand that you may cancel any Furnished Listing at any time (such listing will generally be removed from TripVacationRental (its affiliates and/or its licensees) site within three business days).

Additional Agreement of Renters Using the TripVacationRental.com Web Site or Services

Current Information. By utilizing this Site to research and/or rent a vacation rental property, you agree to provide accurate and current information about yourself as prompted by the Lister.

Research. By utilizing this Site to locate vacation rentals you (a) agree to conduct your own investigation regarding each property offered as a vacation rental (a “Furnished Listing” and collectively “Furnished Listings”), and (b) acknowledge that (i) vacation rental owners and managers (“Listers”), not TripVacationRental, are responsible for the accuracy of the information in their advertisements and (ii) it is your responsibility to rent a listing on terms and conditions acceptable to you.

Rental Policies of Listers. The policies of each Lister are not under TripVacationRental control. Each Lister will have individual policies governing rates, deposits, payment schedules, check-in and check-out, etc. You should assume that the reservation is not confirmed until all payments have been received by the Lister, unless the Lister specifically informs you of another confirmation policy.