All contents of the Site and all Software are protected by the copyright, trademark, and other intellectual property laws of the United States and foreign countries and by international conventions. You acknowledge and agree that the contents of the Site and all Software are the exclusive intellectual property of VTrips or the applicable rights owner. You shall not copy, store or otherwise access the Site or any content on the Site other than for your personal, noncommercial use. Your right to use the Software is non-exclusive and revocable, governed by these Terms, and may be terminated by us at any time.
Third Party Sites
We do not endorse or otherwise make any representation or assurance regarding any third-party websites, tools or services that may be referenced in or accessible from our Site, that reference or provide accessibility to our Site, or that are otherwise linked between our Site and such third-party website.
User Accounts
To access certain services via the Site, we may permit or require you to register for a VTrips user account. If you choose to register, you agree to provide us with true, accurate, current, and complete information, and to update such information if it changes. You agree (1) to safeguard your VTrips login identification and password; (2) not to disclose your login identification or password to any third party without our express written permission; (3) to take sole responsibility for any activity taken under your VTrips account, whether or not you specifically authorized the activity; (4) not to circumvent or otherwise interfere with any user authentication or security of the Site; (5) to keep any online account information current and inform VTrips of any changes in your name, address, email address and phone number; (6) to notify us immediately and select new a login identification and password if you believe your password for a VTrips account or an email account you have used to register with VTrips has been compromised, or if we notify you that we suspect unauthorized activity on your account. We reserve the right to terminate any user account, at any time, in our sole discretion. VTrips shall have no liability (i) for any losses, costs or damages arising from your failure to comply with the terms of this section captioned “User Accounts” or any other of your obligations under these Terms or any Rental Agreement or (ii) for any unauthorized or fraudulent transaction made by any third party with your identification or password.
You consent to our use of your e-mail address, name or other information that you may provide to us, in connection with your use of the Site, to add such information to our database of users. You may receive promotional communications from either the Site or from one of our affiliates or other parties, as provided in our Privacy Policy. For further information on our data collection practices, and how to opt out of such promotional communications or certain other uses of your data, see our Privacy Policy.
Reviews and User Content
We may, in our sole discretion, permit you to post, submit, upload, or transmit via the Site a review or other content generated by you. If you post, submit, upload, or transmit a review or other content to us via the Site or for potential use on the Site (collectively, “Submissions”), you grant VTrips a non-exclusive, perpetual, royalty-free, transferable and fully sub-licensable worldwide license (1) to use, reproduce, translate, edit, adapt, access, view, distribute, publish, transmit, publicly display, and create derivative works from the Submissions in any media, now known or hereafter devised, for any purpose, and (2) to use the name that you submit in connection with the Submissions. You agree and acknowledge that we may choose to provide attribution of Submissions, at our sole discretion. You further grant VTrips the right to pursue at law any person or entity that violates your or our rights in the Submissions by breaching these Terms. Subject to the aforesaid license, VTrips does not claim any right of ownership in the Submissions, and nothing in these Terms shall be deemed to remove or restrict any rights you have in the Submissions.
By making any Submissions to, via, or for the Site, you represent and warrant that (1) you have full rights to the content of the Submissions, either because you are the sole and exclusive owner of such content or because you have been granted all necessary rights, licenses, or consents to such content, and (2) that the Submissions do not violate any provision of these Terms. You further agree and warrant to us that none of your Submissions shall violate anyone’s rights (including copyright or other intellectual property rights), or include personal or identifying information of any third party person, or include promotional content or solicitations, or include obscene, abusive, discriminatory, illegal, false or misleading content or information.
VTrips has the absolute discretion (but not the obligation) to pre-screen, remove, or edit any reviews or other user-generated content that may be posted on the Site. We do not guarantee and are not responsible for the accuracy, non-infringement, or legality of any review or other user-generated content that may appear on the Site.
Any suggestions or communications you may provide to us regarding our business, including improvements to our business or technology and processes, shall automatically become the sole and exclusive property of VTrips, and VTrips may use, adapt, incorporate or disseminate such suggestions and communications in its sole discretion. VTrips is not obligated to review or maintain the confidentiality of any such suggestions or communications.
Additional Terms May Apply to Specific Transactions; Conflicts Between Terms
You acknowledge and agree that (i) you may be required to enter into one or more separate rental or other agreements governing or relating to the reservation, rental, visitation, use or occupancy of a property, or the cancellation of thereof (“Rental Agreement”) and (ii) a Rental Agreement may contain different or additional terms and conditions from these Terms.
If a conflict exists between these Terms and the terms and conditions of a Rental Agreement, the terms and conditions of the Rental Agreement shall be controlling as to such conflicting terms – EXCEPT AND SUBJECT TO THE PROVISIONS BELOW CAPTIONED “LIABILITY AND WARRANTY DISCLAIMER”, “INDEMNIFICATION” AND “JURISDICTION AND GOVERNING LAW; CLASS ACTION WAIVER”.
International Travel
If your travel plans involve international travel, you agree to be responsible for ensuring that you have all necessary travel documents (such as passports and visas), that you meet all foreign entry requirements, and that you have obtained any required medical guidance, medications, and inoculations. VTrips shall not be liable for any liability for travelers who are refused boarding onto an international common carrier or entry into (or transit through) a country for any reason.
Although most travel is completed without serious incident, travel to certain destinations may involve a higher level of risk than others. We strongly suggest that guests whose plans involve travel outside the United States review, prior to booking, travel warnings, advisories, restrictions, announcements, cautions, and prohibitions issued by the United States Government. International travel information is available at the United States State Department website ( www.state.gov ) and at other United States Government websites, including www.tsa.gov , www.dot.gov , www.treas.gov/ofac , www.cbp.gov , www.faa.gov , and www.cdc.gov .
Travelers who are citizens of a country other than the United States should review any travel warnings or advisories issued by their own government.
Foreign Currencies and International Transactions
VTrips may, but is not obligated to, display rental and other fees for vacation rentals in the United States in foreign currencies, or display fees for vacation rentals outside the United States in United States Dollars. Any display of fees in foreign currencies is provided as a convenience and for informational purposes only and does not necessarily represent your final cost. VTrips may charge a currency conversion fee. You will be notified of the currency in which you will be charged for a vacation rental, and the amount of any such VTrips currency conversion fee. You will be responsible for any currency conversion processing costs or international transaction fees your credit card provider charges.
Liability and Warranty Disclaimer
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS VTRIPS’ LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING THE RENTAL, VISITATION, USE OR OCCUPANCY OF ANY PROPERTY FROM OR THROUGH THE SITE OR VTRIPS.
THE ACCESS, DISPLAY, OR USE THE SITE IS AT YOUR OWN RISK. THE INFORMATION PUBLISHED ON THE SITE MAY CONTAIN ERRORS, INCLUDING RESERVATION AVAILABILITY ERRORS, PRICING ERRORS, AND INACCURATE OR INCOMPLETE DESCRIPTIONS OF ACCOMMODATIONS OR LOCATIONS. VTRIPS DOES NOT GUARANTEE THE ACCURACY OF THE INFORMATION PUBLISHED ON THIS SITE AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR INACCURACIES IN SUCH INFORMATION. THE SITE AND EACH PROPERTY IS OFFERED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, VTRIPS SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VTRIPS DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE ON A SECURE, UNINTERRUPTED OR ERROR-FREE BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT YOU BEAR THE ENTIRE RISK ARISING OUT OF THE ACCESS TO OR USE OF THE SITE, OR THE RENTAL, VISITATION, USE OR OCCUPANCY OF ANY PROPERTY, BY YOU OR BY OR BY ANY OF YOUR GUESTS, INVITEES OR VISITORS OR BY ANY OTHER PARTY. IN NO CASE SHALL VTRIPS OR ITS SUBSIDIARIES OR AFFILIATES (INCLUDING BUT NOT LIMITED TO THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR DAMAGE, DESTRUCTION OR LOSS TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH (i) ANY BREACH OF THESE TERMS BY YOU OR ANY THIRD PARTY, (ii) THE ACCESS TO, DISPLAY OF, OR USE OF THE SITE, OR ANY THIRD PARTY WEBSITE, TOOLS OR SERVICES USED IN CONNECTION WITH THE SITE, BY YOU OR ANY THIRD PARTY, OR (iii) THE RENTAL, VISITATION, USE OR OCCUPANCY OF ANY PROPERTY BY YOU, OR BY ANY OF YOUR GUESTS, INVITEES OR VISITORS OR BY OTHER PARTIES, WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF VTRIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IF VTRIPS IS FOUND LIABLE FOR ANY LOSSES, COSTS, OR DAMAGES THAT ARISE OUT OF YOUR USE OF THE SITE OR THE RENTAL, VISITATION, USE OR OCCUPANCY OF ANY PROPERTY BY YOU OR BY ANY OF YOUR GUESTS, INVITEES, VISITORS OR BY ANY OTHER PARTIES, THEN IN NO EVENT SHALL VTRIPS’ LIABILITY, IN THE AGGREGATE, EXCEED (1) THE AMOUNT SPECIFIED IN ANY APPLICABLE RENTAL AGREEMENT, OR (2) IF THERE IS NO APPLICABLE RENTAL AGREEMENT, ONE HUNDRED (US) DOLLARS ($100).
THE LIABILITY AND WARRANTY DISCLAIMER SET FORTH HEREIN (i) ARE HEREBY DEEMED INCORPORATED INTO AND MADE PART OF ANY APPLICABLE RENTAL AGREEMENT, BUT SHALL ALSO REMAIN AT ALL TIMES BINDING AS SEPARATE AND INDEPENDENT COVENANTS UNDER THESE TERMS AND (ii) REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VTRIPS.
IN FURTHERANCE OF THE APPLICABILITY OF THE FOREGOING LIABILITY AND WARRANTY DISCLAIMER , YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IF A CONFLICT EXISTS BETWEEN SUCH LIABILITY AND WARRANTY DISCLAIMER , AND THE SAME OR SIMILAR TERMS OF ANY RENTAL AGREEMENT, THE LIABILITY AND WARRANTY DISCLAIMER UNDER THESE TERMS SHALL BE CONTROLLING AS TO SUCH CONFLICTING TERMS IF AND TO THE EXTENT THE DEGREE OF PROTECTION AFFORDED VTRIPS, UNDER THE LIABILITY AND WARRANTY DISCLAIMER SET FORTH HEREIN, EXCEEDS THAT AFFORDED VTRIPS UNDER THE SAME OR SIMILAR TERMS OF ANY RENTAL AGREEMENT.
Indemnification
You agree to defend, indemnify, hold harmless and release VTrips and its affiliates, and any of their officers, directors, employees, agents, or rental owners, from and against all claims, losses, causes of action, liabilities, demands, damages, or other costs or expenses of any kind, specifically including without limitation reasonable legal and accounting fees, brought by third parties as a result of or in any way connected with (i) your violation of these Terms, (ii) your violation of the law or any rights of third parties, (iii) your access to or use of the Site or any third party website, tools or services used in connection with the Site or (4) the rental, visitation, use or occupancy of any property by you or by any of your guests, invitees or visitors or by any other party.
THE INDEMNIFICATION SET FORTH HEREIN IS HEREBY DEEMED INCORPORATED INTO AND MADE PART OF ANY RENTAL AGREEMENT, BUT SHALL ALSO REMAIN AT ALL TIMES BINDING AS A SEPARATE AND INDEPENDENT COVENANT UNDER THESE TERMS.
IN FURTHERANCE OF THE APPLICABILITY OF THE FOREGOING INDEMNIFICATION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IF A CONFLICT EXISTS BETWEEN SUCH INDEMNIFICATION, AND THE SAME OR SIMILAR TERMS OF ANY RENTAL AGREEMENT, THE LIMITATION OF LIABILITY UNDER THESE TERMS SHALL BE CONTROLLING AS TO SUCH CONFLICTING TERMS IF AND TO THE EXTENT THE DEGREE OF PROTECTION AFFORDED VTRIPS, UNDER THE INDEMNIFICATION SET FORTH HEREIN, EXCEEDS THAT AFFORDED VTRIPS UNDER THE SAME OR SIMILAR TERMS OF ANY RENTAL AGREEMENT.
YOU ACKNOWLEDGE AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE ARE EXPRESSLY WAIVED. THAT SECTION PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Jurisdiction and Governing Law; Class Action Waiver
These Terms are governed by, and shall be interpreted in accordance with, the laws of the State of Florida, USA, without regard to principles of conflicts of law.
For all disputes arising out of or relating to your rental, visitation, use or occupancy of any property by you, or by any of your guests, invitees or visitors or by any other party (“Rental Disputes”), you consent to personal jurisdiction and venue in the state and location provided in the applicable Rental Agreement. You also consent to the jurisdiction of any courts as provided in such Rental Agreement or, if applicable, to adjudication of any disputes by arbitration as provided in such Rental Agreement. By agreeing to these Terms you affirm your agreement to such provisions and all other provisions under an applicable Rental Agreement (subject to these Terms), and (if applicable) consent to arbitration for Rental Disputes, as set forth in such Rental Agreement. If a Rental Agreement provides for adjudication of disputes by arbitration, then any disputes or controversy as to the applicability or enforcement of any such arbitration provision shall also be determined by arbitration.
All disputes arising out of or relating to the use of or access to the Site, dealings with our customer experience agents, any services or products provided, any representations made by us, or our Privacy Policy (“Site Disputes”) will be resolved exclusively by binding arbitration, rather than in court. Such arbitration shall take place, at our sole discretion, either in Ponte Vedra, Florida or the location set forth in any applicable Rental Agreement for resolution of disputes. Site Disputes will be resolved exclusively by binding arbitration regardless of any contrary method of dispute resolution set forth in such Rental Agreement with respect to Rental Disputes. This includes any claims you assert against us, our subsidiaries, users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
Arbitration for Site Disputes will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location. By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms and/or Rental Agreement as a court would. The preceding sentence is applicable to both an arbitration of Rental Disputes and an arbitration of Site Disputes.
YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON ANY DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND VTRIPS WAIVE ANY RIGHT TO A JURY TRIAL.
You may not assign these Terms without VTrips’ express written consent. Any attempt by you to assign these Terms without consent will be void and without effect. VTrips may assign these Terms or any of its rights or interest in these Terms at any time, in its sole discretion, without your consent.
General Provisions
These Terms (together with any other terms and conditions referenced herein, and any different or additional terms that apply to specific transactions) constitute the entire agreement between you and VTrips with respect to your use of and access to the Site, and supersede all prior or contemporaneous electronic, oral or written understandings or communications between you and VTrips with respect to the Site.
Any failure by VTrips to enforce any provision of these terms shall not be construed as a waiver of future enforcement of that provision or of any of VTrips’ rights and privileges.
If any provision of these Terms is held invalid pursuant to applicable law, that provision will be enforced to the maximum extent possible and the other portions will be deemed valid, and so far as is reasonable and possible, the intent of the parties hereto will be given full effect.
Terms of Service Help
If you have questions or comments about these Terms, you may contact us by email at legal@vtrips.com or write to us at:
Vacation Rental Pros Property Management LLC
Legal Department
200 Executive Way
Suite 200
Ponte Vedra, FL 32082