Terms of Service Tripz.com
It’s important to read our TERMS OF SERVICE carefully as they contain information regarding your legal rights.These include your obligations to comply with applicable laws and regulations.
As a Traveler or Property Representative you should understand the laws in their respective cities. There are given cities with laws that restrict Property Representatives to market a property for less than 30 days and in other cases more than 30 days. It’s vital to review the laws in your city. In many cities, Property Representatives must register, get a permit, or obtain a license before a property can be marketed or accept a Traveler. Some cities even have prohibited short-terms bookings altogether. Local legislations can vary greatly in enforcement and penalties. Ensure as a Property Representative you review all local restrictions before advertising your property.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PROPERTY REPRESENTATIVES MAY CREATE LISTINGS FOR ACCOMMODATIONS AND TRAVELERS MAY LEARN ABOUT AND BOOK ACCOMMODATIONS DIRECTLY WITH THE PROPERTY REPRESENTATIVE. YOU UNDERSTAND AND AGREE THAT TRIPZ.COM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROPERTY REPRESENTATIVE AND TRAVELERS, NOR IS TRIPZ.COM A REAL ESTATE BROKER, AGENT OR INSURER. TRIPZ.COM HAS NO CONTROL OVER THE CONDUCT OF PROPERTY REPRESENTATIVES, TRAVELERS AND OTHER USERS OF THE SITEAND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"Tripz.com Content" means all Content that Tripz.com makes available through the Siteor Services, including any Content licensed from a third party, but excluding Member Content.
"Calendar Request Period" means the time period starting from the time when a booking is requested by a Traveler (as determined by Tripz.com in its sole discretion), within which a Property Representative may decide whether to confirm or reject that booking request, as stated on the Site or Services. Different Booking Request Periods may apply in different places.
"Collective Content" means Member Content and Tripz.com Content.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Traveler" means a Member who requests from a Property Representative a booking of an Accommodation via the Site or Services, or a Member who stays at an Accommodation and is not the Property Representative for such Accommodation.
"Listing" means an Accommodation that is listed by a Property Representative as available for rental via the Site and Services.
"Member" means a person who completes Tripz.com’s account registration process, including but not limited to Property Representatives and Travelers, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Siteor Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Tripz.com reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties ("Accommodations"). Such Accommodations are included in Listings on the Site, Application and Services by Property Representatives. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create aTripz.com Account (defined below).
As stated above, Tripz.com makes available an online platform or marketplace with related technology for Travelers and Property Representatives to meet online and arrange for bookings of Accommodations directly with each other. Tripz.com is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Tripz.com does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the Tripz.com platform, Tripz.com's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Property Representative for the purpose of accepting payments from Travelers on behalf of the Property Representative.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE PROPERTY REPRESENTATIVES AND TRAVELERS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. TRIPZ.COM CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. TRIPZ.COM IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account ("Tripz.com Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Tripz.comAccount with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Tripz.com through the Site, Services or Application; or (ii) allowing Tripz.com to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Tripz.com and/or grant Tripz.com access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Tripz.com to pay any fees or making Tripz.com subject to any usage limitations imposed by such third-party service providers. By granting Tripz.com access to any Third-Party Accounts, you understand that Tripz.com will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Tripz.com Account and Tripz.com Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Tripz.com Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Tripz.com's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Tripz.com Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Tripz.com makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Tripz.com is not responsible for any SNS Content.
Your Tripz.com Account and your Tripz.com Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Tripz.com Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Tripz.com reserves the right to suspend or terminate your Tripz.com Account and your access to the Site, Application and Services if you create more than one (1) Tripz.com Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Tripz.com Account, whether or not you have authorized such activities or actions. You will immediately notify Tripz.com of any unauthorized use of your Tripz.com Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Traveler requests a booking of your Accommodation, you may not request the Traveler to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Traveler's stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Tripz.com assumes no responsibility for a Property Representative’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Tripz.com reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Tripz.com, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms.
If you are a Property Representative, you understand and agree that Tripz.com does not act as an insurer or as your contracting agent. If a Traveler requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Traveler is between you and the Traveler and Tripz.com is not a party to it. Notwithstanding the foregoing, Tripz.com Payments serves as the limited authorized payment collection agent of the Property Representative for the purpose of accepting, on behalf of the Property Representative, payments from Travelers of such amounts stipulated by the Property Representative (including cleaning or other fees and/or Taxes).
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, such as requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "Owner" section of the Site, Application and Services.
If you are a Property Representative, Tripz.com makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapproved for booking for your Accommodation. You acknowledge and agree that, as a Property Representative, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Traveler (and the individuals the Traveler invites to the Accommodation, if applicable.)
Tripz.com recommends that Property Representatives obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Travelers (and the individuals the Traveler invites to the Accommodation, if applicable) while at your Accommodation.
Tripz.com may offer Property Representatives the option of having photographers take photographs of their Accommodations. If you as a Property Representative choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words "Tripz.com Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing. All images, materials and content created by these photographers, including Verified Images, constitute Tripz.com Content, regardless of whether you include them in your Listing. You agree that Tripz.com may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
Tripz.com does not endorse any Member or any Accommodation. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by Tripz.com of any Member or any Accommodation. Members are required by these Terms to provide accurate information, and although Tripz.com may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Tripz.com about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Property Representative or to accept a booking request from a Traveler, or to have any other interaction with any other Member, we are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Tripz.com with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Property Representative against Tripz.com regarding the remittance of payments received from a Traveler by Tripz.com on behalf of a Property Representative, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
"Accommodation Fees" means the amounts that are due and payable by a Traveler in exchange for that Traveler's stay in an Accommodation. The Property Representative alone, and not Tripz.com, is responsible for the Accommodation Fees for his or her Listing. The Property Representative may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Tripz.com platform, or (ii) Taxes that the Property Representative determines that he or she has to collect.
“Subscription Fees” means collectively the Property Representative fee paid to create an annual listing
"Total Fees" means collectively the Accommodation Fees and the Traveler Fees plus any Taxes.
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 Property Representative’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 Property Representative’s next subscription renewal, new listing or a member’s upgrade or any other additional or new order of any product or service will govern for such renewal or other order. The 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 Tripz.com and the Property Representative.
The types of products and services (including the features, terms and operation thereof) offered at the time of a Property Representative’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. Tripz.com further reserve the right to offer additional products, services or features for purchase at any time.
Property Representatives may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If a Security Deposit is included in a Listing for a confirmed booking of an Accommodation, and a Property Representative makes a claim against such Security Deposit, Tripz.com Payments will, in its capacity as the payment collection agent of the Property Representative, use its commercially reasonable efforts to charge the Traveler's payment method in the amount of the Security Deposit, within a reasonable period of time after the Traveler's check-out from the Property Representative's Accommodation. Tripz.com will also use its commercially reasonable efforts to address Property Representatives' requests and claims related to Security Deposits, but Tripz.com is not responsible for administering or accepting any claims by Property Representatives related to Security Deposits, and disclaims any and all liability in this regard.
Subscription Term: All subscription listings are sold to run the full term that is chosen by the Property Representative. The term starts on the date that the Property Representative submits the full or initial (as applicable) payment and expires on the last date of the term chosen by the Property Representative. For example, for an annual subscription term, if the Property Representative submits payment for the subscription on July 1st, the subscription would expire on June 30 of the following year.
Refund Requests: Generally, no refunds are available unless a Property Representative qualifies for a refund under any guarantee program we may have in effect. If you believe you qualify for a refund under a guarantee we are offering, you may contact customer support by sending your request to the address listed under Contact Us above and include your listing number, and your reason for dissatisfaction. We will then determine, in accordance with the applicable guarantee program, whether any refund is due.
Refund Requests for Subscription Listings Not Completed: In the event you purchase a subscription for a listing but do not complete the creation of the listing or the listing does not get posted after purchase for any other reason, refund requests will be considered only during the first two (2) months following the purchase date. If within such two (2) month period you do not complete the creation of your listing as we may require to display such listing on the Site (i) you shall not be entitled to any refund and (ii) your subscription will expire no more than 15 months from the purchase date of the subscription regardless of the listing posting date.
If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your listing will remain online for the entire subscription period without refund. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.
Our Right to Terminate a Listing: If, in our sole discretion, any Property Representative submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such Property Representative’s subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a Property Representative’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such Property Representative’s listing from the Site (for example, and without limitation, if a member double-books a property for multiple Travelers on the same date, or engages in any practice that, in our sole discretion, would be considered deceptive, unfair or improper within the vacation rental industry or in an online marketplace for vacation rentals, if we determine or suspect that the Property Representative’s payment-related practices or procedures are not secure, legal or otherwise proper, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such Property Representative’s listing(s) or subscription(s) without notice to the member and without refund. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative of Tripz.com, we reserve the right to terminate such Property Representative’s listing(s) or subscription(s) immediately without refund. Finally, if any Property Representative is in breach of these Terms or its obligations to us or any of our third party providers then we may terminate such Property Representative’s subscription(s) immediately without notice to the Property Representative and without refund.
Transfer of Listing to a Third Party: No listing may be transferred to another party. In the event of a property sale or change in property management, Tripz.com will provide guidance on options for creating a new listing.
If, as a Traveler, you cancel your requested booking before the requested booking is confirmed by a Property Representative, Tripz.com Payments will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Traveler, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Property Representative contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Traveler Fee is non-refundable regardless of the cancellation policy selected by the Property Representative.
If a Property Representative cancels a confirmed booking made via the Site, Services, and Application, (i) Tripz.com Payments will refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation and (ii) the Traveler will receive an email or other communication from Tripz.com containing alternative Listings and other related information. If the Traveler requests a booking from one of the alternative Listings and the Property Representative associated with such alternative Listing confirms the Traveler's requested booking, then the Traveler agrees to pay Tripz.com the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Property Representative cancelled a confirmed booking and you, as a Traveler, have not received an email or other communication from Tripz.com, please go to the Contact Us Page.
If, as a Property Representative, you cancel a confirmed booking, you agree that Tripz.com may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Tripz.com Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, Tripz.com may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. Tripz.com Payments may also determine, in its sole discretion, to refund to the Traveler part or all of the amounts charged to the Traveler in accordance with the Traveler Refund Policy. You agree that Tripz.com and the relevant Traveler or Property Representative will not have any liability for such cancellations or refunds.
If, as a Property Representative, your Traveler cancels a confirmed booking or Tripz.com decides that it is necessary to cancel a confirmed booking, and Tripz.com issues a refund to the Traveler in accordance with the Traveler Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid Tripz.com shall be entitled to recover the amount of any such Traveler refund from you, including by subtracting such refund amount out from any future Accommodation Fees due to you.Recurring Payments Rounding Off
Tripz.com may, in its sole discretion, round up or round down amounts that are payable from or to Travelers or Property Representatives to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Tripz.com will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, Tripz.com may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Tripz.com to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
A description of the features and applicable fees and commissions that will apply to pay-per-booking listings will be displayed under the “List Your Property” tab of the Site offering such product, when made generally available.
When available, pay-per-booking listings may be agreed to by Property Representatives approved for an online payments account. Such accounts are subject to the additional terms, conditions and requirements set forth during the sign up for such an account, including those of our third party providers. Online booking and payments is required for all pay-per-booking listings. Online payments are provided by third party providers and are subject to the terms and conditions and privacy policies of such providers.
Pay-per-booking listings may be converted to subscription listings at any time; however any bookings already made shall remain subject to applicable pay-per-booking fees and commissions.
Tax regulations may require us to collect appropriate tax information from our Property Representatives, or to withhold taxes from payouts to Property Representatives, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Property Representatives and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US Property Representatives with at least one Listing in the US. You as a Property Representative are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Property Representative fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Property Representative and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Property Representative understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Tripz.com cannot and does not offer Tax-related advice to any Members.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Accommodation is located may require Taxes to be collected from Travelers or Property Representatives on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Accommodation Fees set by Property Representatives, a set amount per day, or other variations, and are sometimes called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes" (hereafter, "Occupancy Taxes").Occupancy Tax Collection and Remittance
In certain jurisdictions, Tripz.com may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Travelers or Property Representatives, in accordance with your directions in this Agreement ("Collection and Remittance") if such tax jurisdiction asserts Tripz.com or Property Representatives have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, whether you are a Traveler or Property Representative, in lieu of the Property Representative collecting Occupancy taxes from Travelers and remitting to the Tax Authority, you hereby instruct and authorize Tripz.com to collect Occupancy Taxes from Travelers on the Property Representative's behalf at the time Accommodation Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When Tripz.com facilitates Collection and Remittance of Occupancy Taxes in a jurisdiction for the first time, Tripz.com will provide notice to existing Property Representatives with Listings for Accommodations in such jurisdictions. When a new listing is created in a jurisdiction where Tripz.com facilitates Collection and Remittance of Occupancy Taxes, the Property Representative will be notified in the listing creation flow.
The amount of Occupancy Taxes, if any, collected and remitted by Tripz.com will be visible to and separately stated to both Travelers and Property Representatives on their respective transaction documents. Where Tripz.com is directly facilitating Collection and Remittance, Travelers and Property Representatives agree that Property Representatives are not permitted to attempt collection, or collect any Occupancy Taxes relating to their Accommodations on Tripz.com in that such jurisdiction. You expressly agree to release, defend, indemnify, and hold Tripz.com and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Occupancy Taxes in any amount or at all as to your transactions or Accommodations. For any jurisdiction in which we facilitate Collection and Remittance, Property Representatives and Travelers expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their Transactions, Bookings, Accommodations and Occupancy Taxes, including, but not limited to, personally identifiable information such as Property Representative or Traveler's name, listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Travelers or allegedly due, contact information and similar information, to the relevant Tax Authority.Opt-in to Property Representative Remittance of Taxes
In other jurisdictions, Tripz.com may decide in its sole discretion to facilitate Occupancy Tax collection on behalf of Property Representatives and Travelers in accordance with a Property Representative's direction to opt in to a specific Occupancy Tax line item in the booking process, in which the Property Representative directs that Occupancy Taxes from Travelers be sent directly to the Property Representative so that the Property Representative will remit such taxes directly to Tax Authority -(-"Opt-in for Property Representative Remittance"). In any jurisdiction in which we decide to facilitate Collection by Opt-in for Property Representative Remittance, whether you are a Traveler or Property Representative, you hereby instruct and authorize Tripz.com to send Occupancy Taxes received from Travelers at the time Accommodation Fees are collected to the Property Representative who is obligated to send such taxes to the Tax Authority directly. If Tripz.com offers and a Property Representative selects Opt-in for Property Representative Remittance in any jurisdiction, Property Representatives and Travelers remain solely responsible and liable for the payment and remittance of any and all taxes that may apply to Accommodations; you agree and understand that Tripz.com is not responsible for, and will not send any such Occupancy Taxes to the Tax Authority under Opt-in to Property Representative Remittance of Taxes. You hereby agree that through third party payment processors, Tripz.com is merely processing Your election and direction to have Occupancy Taxes from Travelers sent directly to the Property Representative for remittance by the Property Representative to the Tax Authority, and that You will remit all amounts collected from Travelers as Occupancy Taxes to such Tax Authority. You expressly agree to release, defend, indemnify, and hold Tripz.com and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation of, collection of Occupancy Taxes in any amount or at all as to your transactions or Accommodations. For any jurisdiction in which we facilitate Opt-in for Property Representative Remittance, Property Representatives and Travelers expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their Transactions, Bookings, Accommodations and Occupancy Taxes, including, but not limited to, personally identifiable information such as Property Representative or Traveler's name, listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received by Property Representatives from Travelers, or allegedly due, contact information and similar information, to the relevant Tax Authority.Miscellaneous Occupancy Tax Provisions
Whether you are a Traveler or Property Representative, you agree that any claim or cause of action relating to Tripz.com's facilitation of Opt-in Remittance or Collection and Remittance of Taxes shall not extend to any supplier or vendor that may be used by Tripz.com in connection with facilitation of Opt-in Remittance or Collection and Remittance of Occupancy Taxes, if any. Travelers and Property Representatives agree that we may seek additional amounts from You in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Tripz.com from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
In any jurisdiction in which we have not provided notice of, or are not facilitating (or are no longer facilitating) the collection or remittance of Occupancy Taxes by Collection and Remittance, Opt-in for Property Representative Remittance or any other means or method, in your jurisdiction, Property Representatives and Travelers remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations.
Property Representatives and Travelers acknowledge and agree that in some jurisdictions, Tripz.com may decide not to facilitate collection or remittance of Occupancy Taxes or may not be able to facilitate the collection and/or remittance of Occupancy Taxes, and nothing contained in this Agreement is a representation or guarantee that Tripz.com will facilitate collection and/or remittance of Occupancy Tax anywhere at all, including in any specific jurisdiction, or that Tripz.com will continue to facilitate any collection or remittance of Occupancy Tax in any specific jurisdiction in which it may have been offered. Tripz.com reserves the right, in its sole determination, to cease any facilitation of any collection and remittance of Occupancy Tax (regardless of method used or to be used in the future) for any reason or no reason at all, provided that it will give Property Representatives reasonable notice in any jurisdiction in which Tripz.com determines to cease any such facilitation.Damage to Accommodations
As a Traveler, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Traveler, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Property Representative claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Tripz.com Account. Tripz.com also reserves the right to charge the credit card on file in your Tripz.com Account, or otherwise collect payment from you and pursue any avenues available to Tripz.com in this regard, including using Security Deposits, in situations in which you have been determined, in Tripz's sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Property Representatives under the Tripz.comProperty Representative Guarantee, and in relation to any payments made by Tripz.com to Property Representatives. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Property Representative or to Tripz.com (if applicable).
Both Travelers and Property Representatives agree to cooperate with and assist Tripz.com in good faith, and to provide Tripz.com with such information and take such actions as may be reasonably requested by Tripz.com, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Tripz.com Property Representative Guarantee) or with respect to any investigation undertaken by Tripz.com or a representative of Tripz.com regarding use or abuse of the Site, Application or the Services. If you are a Traveler, upon Tripz.com's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Property Representative, at no cost to you, which process will be conducted by Tripz.com or a third party selected by Tripz.com or its insurer, with respect to losses for which the Property Representative is requesting payment from Tripz.com under the Tripz.com Property Representative Guarantee.
If you are a Traveler, you understand and agree that Tripz.com may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by Tripz.com under the Tripz.com Property Representative Guarantee). You agree to cooperate with and assist Tripz.com in good faith, and to provide Tripz.com with such information as may be reasonably requested by Tripz.com, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Tripz.com may reasonably request to assist Tripz.com in accomplishing the foregoing.Overstaying without the Property Representative's Consent
Travelers agree that a confirmed reservation is merely a license granted by the Property Representative to the Traveler to enter and use the Listing for the limited duration of the confirmed reservation and in accordance with the Travelers's agreement with the Property Representative. Travelers further agree to leave the Accommodation no later than the checkout time that the Property Representative specifies in the Listing or such other time as mutually agreed upon between the Property Representative and Traveler. If a Traveler stays past the agreed upon checkout time without the Property Representative's consent, they no longer have a license to stay in the Listing and the Property Representative is entitled to make the Traveler leave. In addition, Travelers agree that the Property Representative can charge the Traveler, for each 24 hour period that the Traveler stays over the agreed period without the Property Representative's consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Traveler to cover the inconvenience suffered by the Property Representative, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Property Representative to make the Traveler leave (collectively, "Additional Sums"). Travelers agree that Tripz.com Payments, in its role as limited collection agent for the Property Representative, shall charge the Traveler's credit card or other payment methods it has on file to collect these Additional Sums. In addition, Tripz.com Payments may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Taveler's credit card or other payment method on file.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Tripz.comTraveler or Property Representative;
- offer, as a Property Representative, any Accommodation that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Property Representative if you are serving in the capacity of a rental agent or listing agent for a third party);
- offer, as a Property Representative, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
- register for more than one Tripz.com Account or register for an Tripz.com Account on behalf of an individual other than yourself;
- unless Tripz.com explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself;
- contact a Property Representative for any purpose other than asking a question related to a booking, such Property Representative's Accommodations or Listings;
- contact a Traveler for any purpose other than asking a question related to a booking or such Traveler's use of the Site, Application and Services;
- recruit or otherwise solicit any Property Representative or other Member to join third-party services or websites that are competitive to Tripz.com, without Tripz.com's prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a Property Representative or Traveler and then complete a booking of an Accommodation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Tripz.com's provision of the Services or for any other reasons;
- as a Property Representative, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Tripz.com's name, any Tripz.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Tripz.com's express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, Tripz.com's computer systems, or the technical delivery systems of Tripz.com's providers;
- attempt to probe, scan, or test the vulnerability of any Tripz.com system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Tripz.com or any of Tripz.com's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- accept or make a payment for Accommodation Fees outside Tripz.comPayments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Tripz.com harmless from any liability for such payment.
Tripz.com has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Tripz.com may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Tripz.com or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Tripz.com, its users, or members of the public. You acknowledge that Tripz.com has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Tripz.com reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Tripz.com, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
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 Traveler or Property Representative through Site, Application, or Services, 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 Travelers, of the Listing and relevant details of your booking or proposed booking.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER TRIPZ.COM NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR TRIPZ.COM ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH HOMEAWAY AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your Tripz.com Account 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.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Tripz.com and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Subject to your compliance with the terms and conditions of these Terms, Tripz.com grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Tripz.com Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tripz.com or its licensors, except for the licenses and rights expressly granted in these Terms.
Each listing must relate to an individual and uniquely identified property, unless (i) you are a Property Representative who has signed up for one of our packages for members who manage multiple properties or (ii) you otherwise purchased a listing package that expressly allows for substitution of properties. This means that:
- The property in a listing may not be substituted for another property without our consent. We may approve a request in our discretion if the property manager's contract for the property was terminated and the member provides sufficient proof, as requested by us, and completes any additional request forms we may request. The term of the subscription for any substituted property shall be the same as the term of the originally listed property (i.e., the term will not be extended past the original term).
- If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
- The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each listing, unless it is a property with multiple rental units on the same site and additional advertising units are purchased. We reserve the right to amend the copy or remove any listing when more than one property is described in such listing, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Tripz.com a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, though, by means of or to promote or market the Site, Application and Services. Tripz.com does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Tripz.com the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Tripz's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Tripz.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Tripz.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the Contact Us section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Tripz.com and you hereby irrevocably assign to Tripz.com and agree to irrevocably assign to Tripz.com all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Tripz.com's request and expense, you will execute documents and take such further acts as Tripz.com may reasonably request to assist Tripz.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Tripz.com Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Tripz.com Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Tripz.com Account, your Member Content, or receive assistance from Tripz.com Customer Service, (b) any pending or accepted future bookings as either Property Representative or Traveler will be immediately terminated, (c) we may communicate to your Travelers or Property Representatives that a potential or confirmed booking has been cancelled, (d) we may refund your Travelers in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Travelers to inform them about potential alternate Accommodations with other Property Representatives that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Tripz.com Account. You may cancel your Tripz.com Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your Tripz.com Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TRIPZ.COM DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND PROPERTY REPRESENTATIVES, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TRIPZ.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TRIPZ.COM MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TRIPZ.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, PROPERTY REPRESENTATIVES, TRAVELERS, YOUR ACCRUAL OF TRIPZ.COM TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRIPZ.COM OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PROPERTY REPRESENTATIVES OR TRAVELERS. YOU UNDERSTAND THAT TRIPZ.COM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. TRIPZ.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND PROPERTY REPRESENTATIVES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TRIPZ.COM. NOTWITHSTANDING TRIPZ.COM'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE PROPERTY REPRESENTATIVES FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELERS ON BEHALF OF THE PROPERTY REPRESENTATIVES, TRIPZ.COM EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TRIPZ.COM WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TRIPZ.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRIPZ.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PROPERTY REPRESENTATIVES PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE TRIPZ.COMPROPERTY REPRESENTATIVE GUARANTEE, IN NO EVENT WILL TRIPZ.COM'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A TRAVELER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PROPERTY REPRESENTATIVE, THE AMOUNTS PAID BY TRIPZ.COM TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRIPZ.COM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Tripz.com and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation; and (e) your participation in the Referral Program or your accrual of any Tripz.com Travel Credits.
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Tripz.com by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Tripz.com and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tripz.com and you regarding bookings or listings of Accommodations, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Tripz.com's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Tripz.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Tripz.com (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Arizona and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Maricopa County, Scottsdale, Arizona for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Tripz.com agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Tripz.com are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Tripz.com otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration and a separate form for Arizona residents) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Arizona and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Tripz.com otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Tripz.com submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Tripz.com will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Tripz.com will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the "Modification" section above, if Tripz.com changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Tripz.com's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Tripz.com in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Tripz.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tripz.com. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
To enable Property Representatives to obtain broader distribution of their properties, we may provide your listing information, or otherwise provide for the distribution of, your listing on a Third Party Website. Additional terms and conditions may apply to such distributions, as we may notify you of via your online account or email.
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