Welcome to the FlipKey.com website (the "Website"). This Website is provided solely to assist customers in gathering vacation rental travel information, determining the availability of travel-related goods and services, making legitimate personal vacation rental inquiries, rental reservations, paying for such rental reservations or otherwise transacting business with our travel suppliers (unless you are a Manager, as defined herein, in which case additional terms and restrictions apply), and for no other purposes. Use of the Website for any other purpose is strictly prohibited. The terms "we", "us", "our" and "FlipKey" refer to FlipKey, Inc., a Delaware corporation and/or our subsidiaries. The term "you" refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. You may not amend this Agreement. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
Here is a quick summary, which in no way substitutes for reading the entire Agreement:
1) We help travelers find and reserve vacation rental accommodations. We also help suppliers advertise and book their rentals through our website. However, we are not a travel agency and we do not provide or own travel services or accommodations ourselves. When you inquire or book a vacation rental you will be dealing with our suppliers directly, including the rental, refund and cancellation policies of each supplier.
2) We collect guest reviews from travelers who have stayed in vacation rentals. If you are submitting a review, we'll protect your privacy and we will have the right to publish and use your review.
3) We list vacation rental information. If we include information about vacation rentals you manage or own, you agree that you'll provide us accurate information about your rentals, your guests and you give us the right to publish and use this information.
4) We protect our brand, content, website and users. If you are trying to do something bad to us or our users, it's prohibited and we limit our liability from and disclaim the bad things people may do.
5) Each week thousands of people use FlipKey to find great vacation rentals, list their own vacation homes and help other travelers by submitting guest reviews about their rental experience. It works.
WEBSITE IS A VENUE AND WE ARE NOT A PARTY TO ANY TRANSACTIONS OR RENTAL AGREEMENTS
We urge all users to be responsible about their use of this Website and any transaction entered into as a result of either listing a property or renting a property. We do not own or manage, nor can we contract for, any vacation rental property listed on the Website. FlipKey acts as a venue to allow homeowners and property managers who advertise on the Website (each, a "Manager") to offer for rent specific vacation rental properties to potential renters, including various ways for users to communicate with one another and enter into rental agreements or rental transactions.
We are not a party to the rental transaction between the traveler and the Manager. As a result, any part of an actual or potential transaction between a traveler and a Manager, including the quality, condition, safety or legality of the properties advertised, the accuracy of the listing content, the ability of Managers to rent a vacation property or the ability of travelers to pay for vacation rental properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into a separate rental agreement with the Manager prior to making a booking or purchasing a product or service and such agreement may place additional restrictions on your booking, product or service.
Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to rental properties listed on the Website, there may be circumstances where we are nevertheless legally obligated, as we determine in our sole discretion, to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with this Agreement, (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act, (v) all information supplied by you on this Website is true, accurate, current and complete, and (vi) if you have a FlipKey.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
FlipKey grants you a limited, revocable, non-exclusive, non-sublicensable license to access and use the Website and to view, copy and print portions of the Website content solely for the purpose of advertising a vacation rental property, searching for a vacation rental property, or for any other purpose clearly stated on a Website, all in accordance with this Agreement. Any use of the Website that is not for one of these purposes or otherwise in accordance with this Agreement or as otherwise authorized by us in writing is expressly prohibited. Such license is subject to this Agreement, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Website for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Website or any portion thereof; (iii) any displays or printouts of Website content must be marked "(c) 2012-13, FlipKey, Inc. All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Website content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Website other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the Website or any site content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Website or site content without the prior written permission of FlipKey is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. You represent and warrant that your use of the Website and any content herein will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
The license to use the Website only extends to the uses expressly described herein. The content and information on this Website (including, but not limited to, price and availability of vacation rental properties and travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) make, or use the Website to make, any speculative, false, or fraudulent reservation, reservation request or any reservation in anticipation of demand;
(iii) access, monitor, reproduce, upload, republish, distribute, transmit, display or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, adversely affects the performance of the Website, or infringes on our copyright or the copyright of our suppliers;
(vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
(vii) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization;
(vii) take any action that may undermine the feedback or ratings systems, including posting false, inaccurate or misleading feedback, ratings and reviews;
(viii) sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties; or
(ix) post or transmit any false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by this Agreement.
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 member through the tools available on the Website, though even this does not assure you of the identity of the person with which you are communicating.
You agree to (i) keep your password and online ID for both your account with us and any personal email account associated with your account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER FLIPKEY NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR FLIPKEY ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH FLIPKEY AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
OWNERSHIP, COPYRIGHT AND TRADEMARK NOTICES
Except as otherwise indicated, the Website, and all text, images, marks, logos and other content contained herein, including, without limitation, the FlipKey logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of FlipKey or its licensors or users and are protected by U.S. and international copyright laws. All contents of this Website are: ©2014 FlipKey, Inc. All rights reserved. FlipKey, Inc. is not responsible for content on websites operated by parties other than FlipKey, Inc. FLIPKEY and the FlipKey logo and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of FlipKey, Inc. and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FlipKey or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of FlipKey and may not be copied, imitated or used, in whole or in part, without the prior written permission of FlipKey. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FlipKey.
If you are aware of an infringement of our brand, please let us know by e-mailing us at firstname.lastname@example.org. We only address messages concerning brand infringement at this email address.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any vacation home rental reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant FlipKey and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; (b) use the name that you submit in connection with such Submission. You acknowledge that FlipKey may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a vacation home rental review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant FlipKey the right to pursue at law any person or entity that violates your or FlipKey's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the FlipKey.com website If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from uploading, posting or transmitting or otherwise publishing to or from this Website any of the following:
a. Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; or
h. Content that, in the sole judgment of FlipKey, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose FlipKey or its affiliates or its users to any harm or liability of any type.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that FlipKey may exercise its rights (e.g. use, publish, delete, edit and modify) to any content you submit without notice to you.
FlipKey takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is FlipKey liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, FlipKey is not liable for any statements, representations or Content provided by its users in any public forum. Although FlipKey has no obligation to screen, edit or monitor any of the Content posted to or distributed by users, FlipKey reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by FlipKey or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release FlipKey, and its licensees, successors and assigns, from any claims that you could otherwise assert against FlipKey by virtue of any such moral rights.
SUPPLIER RULES AND RESTRICTIONS
Separate terms and conditions will apply to your reservation and booking of vacation home rentals and travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of products, or services. You acknowledge that some vacation rental managers and third-party providers offering certain services and/or activities may require you to sign their rental agreement and/or liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable vacation home rental or travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. FlipKey urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, http://www.treas.gov/ofac and http://www.customs.gov.
BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, FLIPKEY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING VACATION HOME RENTAL AVAILABILITY AND PRICING ERRORS. FLIPKEY, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "FLIPKEY COMPANIES") AND THE AFFILIATED, CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, "FLIPKEY AFFILIATES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE VACATION HOME RENTAL PROPERTIES, LODGING, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF VACATION RENTAL PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, AND REVIEWS AND RATINGS ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, FLIPKEY EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
THE FLIPKEY COMPANIES, THE FLIPKEY AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE FLIPKEY COMPANIES OR THE FLIPKEY AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE FLIPKEY COMPANIES, THE FLIPKEY AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE FLIPKEY COMPANIES, THE FLIPKEY AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FLIPKEY COMPANIES, THE FLIPKEY AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE PROPERTY MANAGERS, OWNERS, SERVICES AND OTHER SUPPLIERS PROVIDING VACATION RENTAL PROPERTY INFORMATION, TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE FLIPKEY COMPANIES, OR THE FLIPKEY AFFILIATES. THE FLIPKEY COMPANIES AND THE FLIPKEY AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE FLIPKEY COMPANIES AND THE FLIPKEY AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE FLIPKEY COMPANIES, THE FLIPKEY AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE FLIPKEY COMPANIES, THE FLIPKEY AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE FLIPKEY COMPANIES, THE FLIPKEY AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
If, despite the limitation above, the FlipKey Companies, the FlipKey Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the FlipKey Companies, the FlipKey Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (US$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the FlipKey Companies, the FlipKey Affiliates, and/or their respective suppliers.
You agree to defend and indemnify the FlipKey Companies, the FlipKey Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by any person or third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray FlipKey or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a FlipKey logo or other proprietary graphic of FlipKey to link to the Website without the express written permission of FlipKey. Further, you may not use, frame or utilize framing techniques to enclose any FlipKey trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without FlipKey's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of FlipKey or any third party. Nothing contained on the Website may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of FlipKey or any third party without the prior written permission of FlipKey or such other party that may own such patent, trademark, copyright or other proprietary right(s).
LINKS TO THIRD-PARTY SITES
This Website contains hyperlinks to websites operated by parties other than FlipKey. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website ("Software") is the copyrighted work of FlipKey, FlipKey Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. The currency information supplied by on this Website is believed to be accurate, but the FlipKey Companies, the FlipKey Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy.
Chargebacks occur when your credit card provider requests that FlipKey returns monies on a transaction which you dispute or claim is fraudulent.
FlipKey recognizes that chargebacks can happen for a variety of valid reasons. However, if you make a credit card payment through FlipKey in respect of a booking, and you later dispute this legitimate charge by raising a chargeback without merit (in our sole discretion), whether fraudulently or otherwise, we may take steps to recover any charges resulting from such an unmerited chargeback from you directly. Unmerited chargebacks include but are not limited to: disputing a charge made in accordance with the Manager’s cancellation policy; disputing a charge made in respect of the property rental in which you fail to make reasonable efforts to work with the Manager or us to resolve any issues; or requesting a chargeback without a legitimate reason and/or failing to provide any supporting information in respect of the chargeback to allow those parties from which the chargeback is requested to assess the basis of the chargeback request.
FlipKey takes a zero tolerance approach to chargeback fraud. Furthermore, in the event of any unmerited chargeback requests, we reserve the right to recover monies by any legitimate means available to us, including using a third-party debt collection agency, or any other lawful means to recover funds successfully charged back to you in such circumstances.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe in good faith that materials hosted by us infringe your copyright, please click here for additional information: Copyright Dispute Policy.
Rental Fees. The rental fees for each property listing ("Listing") consist of the base rental amount for the Listing, as determined by the Manager, including any applicable Taxes (as defined below) collected by the Manager, cleaning fees or other discretionary Manager fees, as applicable (the "Rental Fee"). The amounts due and payable by a Guest relating to the booking of a Manager's Listing are the Rental Fee and the Security Deposit or Damage Protection Insurance, as applicable, collectively referred to in this Agreement as the "Total Fee". Please note that the Manager that determines the Rental Fee and not FlipKey.
Payment Terms. You agree to pay FlipKey, acting on behalf of the Manager, for the Total Fee (subject to any Scheduled Payments, discussed below) for any booking at the time you accept a quote received from a Manager. The Total Fee will be collected in accordance with this Agreement and the pricing terms specified in the booking request.
When you complete a rental booking request, you will be asked to provide your billing information, including your name, billing address and credit card information either to FlipKey or its third party payment processor. You agree to pay FlipKey for any confirmed bookings made in connection with your vacation rental booking in accordance with this Agreement by one of the methods described on the Website - e.g. by PayPal, check or credit card, as available. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by FlipKey or indirectly, via a third party online payment processor or by one of the payment methods described on the Website.
Security Deposits. Managers may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Listing. If a Security Deposit is included in a Listing for a confirmed booking, FlipKey, as the Manager's payment agent, may request a pre-authorization of the Guest's credit card and hold such amount as the Manager determines for the Security Deposit prior to the Guest's check-in at the applicable Manager's Listing. FlipKey may charge your credit card in the event of damage caused at a Listing pursuant to the terms of the rental agreement and the Security Deposit.
Scheduled Payments. Managers may ask Guests to make scheduled, partial payments toward the Total Fee owed for a confirmed rental of the applicable Listing (collectively, "Scheduled Payments"). If Scheduled Payments apply to your payment obligations for Total Fees owed, you authorize FlipKey to collect the Total Fee on behalf of the Manager, based on the schedule and amounts noted in the booking request or in other communications.
Cancellations and Refunds. As a Guest, if you wish to cancel a confirmed booking made via our Website, the cancellation policy of the Manager contained in the applicable Listing will apply to and govern the terms of your cancellation and any refunds. If a Manager cancels a confirmed booking made via our Website prior to the check-in date, FlipKey will refund the Total Fee for such booking to the applicable Guest within a commercially reasonable time of the cancellation.
Rental Agreements. By utilizing a rental agreement in FlipKey Payments, the Guest and Manager agree to the terms and conditions set forth in the rental agreement (including without limitation the cancellation refund policy) effective as of the date that the user indicates acceptance of the rental agreement. You hereby acknowledge and agree that (a) you are fully responsible for reviewing and complying with the terms and conditions of the rental agreement, (b) any rental agreement used, whether a sample provided by the Website or a rental agreement added to FlipKey by either party, is used solely at their own risk and expense, (c) nothing contained in your FlipKey account, this Agreement, or any sample rental agreement is a substitute for the advice of an attorney, (d) your rental agreement for the Listing is with the Manager, not FlipKey, and that you shall not hold FlipKey responsible for any acts or omissions of the Manager relating to the rental transaction, and (e) that you have hereby been advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, state, and local law and their particular circumstances, and to revise the rental agreement as necessary to accurately represent their property, rules and features and circumstances of Guests as applicable. You agree and acknowledge that FlipKey is acting as the Manager's payment agent for the limited purpose of receiving your payment and that payment to FlipKey shall be considered the same as a payment to the Manager.
Damage Protection Insurance. By utilizing and/or purchasing Damage Protection Insurance in connection with FlipKey Payments, you agree to the terms and conditions under the Damage Protection Insurance Assignment of Benefits Policy, acknowledge that you understand that certain policy restrictions apply, and agree that Property Damage Protection may be included in the rental. You further acknowledge and agree that (a) although the Damage Protection policy will pay a maximum benefit up to the policy limit, you remain fully responsible for the care and condition of the vacation rental property and for any damage to the vacation rental property, (b) you remain fully responsible for any damages that are not covered by the policy or that exceed the policy limits, (c) if during your stay at the vacation rental, you, as the insured person under the Damage Protection plan, causes any damage to real or personal property of the Manager as a result of inadvertent acts or omissions, you will be responsible for the cost of repair or replacement of such property and hereby authorize TransAmerica to release any claim payment for covered damages (up to the maximum benefit limit) directly to the Manager of the rental property. You agree to hold harmless TransAmerica, FlipKey, the Manager and Stonebridge Casualty Insurance Company for any costs associated with the payment of any such security deposit benefits. Full details of the Damage Protection Insurance are contained in the Description of Coverages located at https://secure.flipkey.com/pdf/security_deposit_dofc.pdf. Managers further acknowledge and agree that they will choose the plan level with the appropriate level of coverage needed for each vacation rental property.
Edit Booking will permit Managers to edit bookings from the Owner Dashboard instead of through Customer Service. The aspects of a booking that the Manager and guest may agree to change using the Edit Booking feature may include, without limitation, dates for check in or check out, number of guests, rental cost and fees. Edit Booking will not be available in all cases, and when this feature is unavailable, the Manager must call Customer Service to edit the booking. If Edit Booking is available, certain edits may not be permissible. In such cases, an error message will be displayed in the Edit Booking window.
To edit a booking the Manager clicks the "edit booking" link on the Conversation Page. The request to edit will generate an email to the guest, informing the guest that they have 48 hours to accept the changes on the Website. If the guest does not accept the edit in this timeframe, the edit request will expire and the booking will remain unchanged. If the guest accepts the edit requested, the booking information in the Owner Dashboard will be updated to reflect the change.
If an edit to a booking results in the price changing, the following describes how the guest will be charged or refunded, as applicable:
- If the guest has a balance payment due for the initial booking and the edit results in the price going up, the balance due will be updated to include the additional charges.
- If the guest has fully paid for the initial booking and the edit results in the price going up, the guest must pay the new balance within the timeframe given (usually no longer than 96 hours from acceptance of the edit to the booking) or we reserve the right to cancel the entire booking, in which case funds will be disbursed as if the guest had cancelled the booking.
- If the guest has a balance payment due for the initial booking and the edit results in the price going down, the balance due will be updated to reflect the reduction in price.
- If the guest has fully paid for the initial booking and the edit results in the price going down, we will refund the excess amount that the guest paid within a commercially reasonable time.
Please note that editing a booking that increases or decreases the total booking amount will result in a corresponding increase or decrease to the commissions or fees due to FlipKey.
Special Considerations for Guest Cancellations after Edit Booking
In general, the amount a Manager will receive in the event of a guest cancellation will be as set forth in the applicable cancellation policy agreed in connection with the initial booking (e.g., 20% of the booking value). In some instances, after an Edit Booking event, there may be a shortfall in the amount set forth in the cancellation policy and Managers will receive, instead, the funds collected from the guest as of the date of cancellation.
For illustrative purposes, if a payment balance remains outstanding at the time a booking is edited, we will not charge the guest an additional deposit when the booking is edited. Instead, the guest will pay all additional charges on the date the balance from the initial booking is due. This may impact the amount the Manager receives upon a cancellation. For example, a guest books a property for one night at a rate of $100 and 20% (or $20) is taken as a deposit immediately, with the 80% (or $80) balance due one month prior to stay. One week later, the owner and guest edit the booking to two nights, thereby increasing the total stay amount to $200. No additional deposit will be taken and the additional $100 charge for the second night will be added to the balance due and paid one month prior to stay. If the guest cancels before the $180 balance is due, the amount disbursed to the Manager on cancellation will be the original $20 deposit, minus any fees or commissions due to us, even though the cancellation policy calls for the Manager to receive a greater amount upon cancellation.
We reserve the right to delete any pending edit requests submitted by the Manager without notice to the Manager or guest. After a booking is edited, we reserve the right to revert the booking to its initial state after informing both parties.
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the Commonwealth of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Suffolk County, Massachusetts, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and the FlipKey Companies as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and FlipKey with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and FlipKey with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
TRUST. We understand that making purchases and travel plans online involves a great deal of trust on your part and we respect your privacy. We take this trust very seriously, and make it our highest priority to ensure the security and confidentiality of the personal information you provide to us. Please read the following policy to learn about our privacy practices.
What Personal Information We Collect
We receive and store any information you enter on our Website or give us in any other way. This includes information that can identify you ("personal information"), including your first and last name, telephone number, postal and e-mail addresses, and, in some cases, billing information (such as credit card number, cardholder name, and expiration date). We also may request information about your traveler preferences. You can choose not to provide information to us, but in general some information about you is required in order for you to register as a member; purchase products or services; complete a traveler profile; participate in a survey, contest, or sweepstakes; ask us a question; or initiate other transactions on the Website.
Information from Other Sources
We may obtain information about you from other independent third-party sources, including social networks that you use to connect with us. This information may include name, user name, demographic information, updated address or contact information, interests, and publicly-observed data, such as from social media and online activity.
Combination of Information
We may combine the information we receive from and about you, including information you provide to us and information we automatically collect through our Website, as well as information collected from other online sources or from third party sources.
Information Automatically Collected
We automatically collect some information about your computer or device when you visit the Website. For example, we will collect your IP address, Web browser software, and referring website. We also may collect information about your online activity and use of the Website, such as properties viewed, reservations sent, purchases made, the areas or pages of the Website that you visit, the amount of time you spend viewing or using the Website, the number of times you return to the Website, and other click-stream or site usage data. One of our goals in collecting this automatic information is to help customize your user experience.
Cookies and Other Web Technologies
For instance, whenever you sign in as a FlipKey.com member, we record your member ID and the name on your member account in the cookie file assigned to your computer. We also may record your password in this cookie file, if you checked the box entitled "Save this password for automatic sign-in." Note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes.
Tracking Options and California Do Not Track Disclosures
Certain parts of the Website require cookies. You are free to set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to access many of the travel tools or features we offer. Please refer to your Web browser’s or operating system’s website or “Help” section for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences.
Information Collected by Third-Party Advertising Companies
How We Use Your Information
FlipKey uses information received from and about you for the following general purposes:
- To provide you with the products and services you request;
- To provide you with travel confirmation and updates;
- To manage your account, including processing payments or bills and providing travel notifications;
- To contact and communicate with you in general;
- To respond to your questions and comments;
- To measure interest in and improve our products, services, and Website;
- To notify you about special offers and products or services that may be of interest to you, either from FlipKey or on behalf of our partners and affiliates;
- To otherwise customize your experience on the Website, including customize content, targeted offers, and advertising on the Website or via e-mail;
- To solicit information from you, including through surveys;
- To resolve disputes, collect fees, or troubleshoot problems;
- To prevent potentially prohibited or illegal activities;
- To protect the security or integrity of the Website and our business, such as by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure, including by identifying potential hackers and other unauthorized users
- As otherwise described to you at the point of collection.
If you provide your email address to FlipKey, you agree to allow us to add your email to our database of users. You may receive one or more promotional emails either from us or one our affiliates. You are welcome to opt not to receive these promotional messages. In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.
How We Share Your Information
FlipKey does not sell or rent any user personal information to third-parties. FlipKey.com may share the personal information we collect from and about you with the following entities:
- With third-party suppliers who fulfill your travel reservations, such as vacation rental managers, rental owners, hotel, airline, cruise, or car rental companies, or activity providers. Throughout FlipKey.com, all services provided by a third-party supplier are described as such. We do not share your email address with these suppliers unless they need it to fulfill the travel reservation you have made on FlipKey.com, and we restrict their use of this information to that purpose. We do not place limitations on our suppliers' use or disclosure of your other personal information. Therefore, we encourage you to review the privacy policies of any travel supplier whose products you purchase through FlipKey.com. Please note that these suppliers also may contact you as necessary to obtain additional information about you or to facilitate your travel reservation.
- With third-party vendors who provide services or functions on our behalf. This includes, but may not be limited to, credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. These companies have access to personal information needed to perform their functions but are not permitted to share or use the information for any other purpose.
- With our select business partners with whom we may jointly offer products or services. You can tell when a third party is involved in a product or service you have requested because their name will appear with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners and recommend you evaluate their practices before deciding to provide your personal information.
- In response to subpoenas, court orders, or other legal process, when we have a good faith belief it is required by law, such as pursuant to a warrant, subpoena, or other judicial or administrative order. If we are required by law to disclose personal information submitted by a user, we will attempt to provide such user with notice (unless we are prohibited or it would be futile) that a request for information has been made in order to give the use an opportunity to object to the disclosure. We will attempt to provide this notice by email, an email address was given, or by postal mail if we have a postal address. If you do not challenge the disclosure request, we may be legally required to turn over your information. Typically, we require a search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures upon a showing of probable cause to compel our disclosure of certain communications between people using FlipKey or precise location information. We make exceptions to these requirements for emergency and exigent requests, where a user has provided consent, or - for requests that do not require a warrant - where other legal or regulatory standards apply.
Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.
We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors the Website receives or what are the most popular vacation destinations. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.
How You Can Access and Update Your Personal Information
You can access your information at various points on the Website. These include: (i) Account Info, (ii) Manage Subscriptions, (iii) Payment Options, and (iv) Owner Center.
Your Choices Regarding the Use of Your Information
If you have any questions, comments, or concerns, or if you prefer to “opt out” of having information used for purposes not directly related to placement, processing, fulfillment or delivery of a product order, you may contact us at the address provided below in the “How you can contact us” section. You can also add or update information on the Account Info, Manage Subscriptions, Payment Options, and Owner Center pages described above. For e-mail marketing, you have the option of “opting out” of receiving future e-mail marketing messages from FlipKey by clicking on the “unsubscribe” link at the bottom of an e-mail marketing message. Please allow 10 business days for your request to take effect.
As discussed above, you can choose not to provide us with certain information, although it may be needed to make travel reservations, contact our suppliers or take advantage of certain features offered on the Website.
Your California Privacy Rights
If you are a California resident, you may request information about our disclosure of personal information to third parties or affiliated companies for their direct marketing purposes. To make such a request, please contact us at the address provided below in the “How you can contact us” section. You must put the statement “Your California Privacy Rights” in the subject field of your letter to us. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
Non-affiliated third parties are independent from FlipKey and if you wish to receive information about your disclosure choices or stop communications from such third parties, you will need to contact those non-affiliated third parties directly.
How We Secure Your Personal Information
We want you to feel confident about using FlipKey.com to plan your vacation rental and purchase your travel, so we have implemented reasonable administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they only may do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information. While we make every effort to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures.
Protecting children’s privacy is important to us. FlipKey does not direct the Website to, nor do we knowingly, collect any personal information from children under the age of 13. If we learn that a child under the age of 13 has provided personally identifiable information to the Website, we will use reasonable efforts to remove such information from our files.
Any information you may disclose on our Website, in blogs, on message boards, in chat rooms, or on other public areas on the Website or other third-party websites that this Website may link to, becomes public information. Please exercise caution when disclosing personal information in these public areas.
How You Can Contact Us
Attn: Legal Department, Privacy Officer
400 1st Avenue
Needham, MA 02494, USA.
By email: email@example.com
By phone: 781-800-8658
Payment Protection Policy
Terms and Conditions
We provide the TripAdvisor Vacation Rentals Payment Protection Policy (the “Policy”) to customers who pay online using our payment platform (the “Platform”) for rental properties.
The terms “we”, “us” and “our” refer to the company in the TripAdvisor Vacation Rentals group offering this Policy to you. This is Holiday Lettings Limited, FlipKey, Inc. or GUÍA DE APARTAMENTOS NIUMBA, S.L., or HouseTrip Limited, depending on the terms and conditions you agreed to when you made a booking.
The terms “you, “your” or “User” refer to the customer visiting our website (the “Website”) and paying on the Platform to rent a rental property displayed on the Website (each, a “Rental”). The Websites include: flipkey.com, holidaylettings.co.uk, niumba.com, housetrip.com and tripadvisor.com (and all associated domains).
If you do not agree to the terms and conditions of the Policy, then you have no right to obtain reimbursement or claim any other rights under the Policy.
We may revise this Policy at any time and in our sole discretion by amending the applicable web page on the Website or by publishing notices elsewhere on the Website.
To qualify for reimbursement under this Policy, you must ensure that:
- your claim falls within one or more of the Covered Circumstances (as defined below);
- you paid for the Rental on the Platform;
- you took all reasonable steps to resolve the issue with the property owner/ manager (the “Owner”);
- you are the person who made the booking; and
- you comply with all other requirements under the Policy.
The maximum amount in aggregate that we will reimburse you under this Policy (the “Coverage Limit”) is the lower of:
- the total amount you paid through the Platform for the Rental (the “Qualifying Payment”); and
- USD $10,000/£7,000/€7,000 (depending on the currency in which you paid).
You may not qualify for reimbursement under the Policy if you have requested a chargeback from your credit card company or you have opened a dispute with PayPal in relation to part or all of your Qualifying Payment. If we have disbursed your payment before you make a claim, then you will need to provide us with evidence that you have attempted to claim reimbursement from the Owner, your bank or credit card company, as applicable.
Circumstances covered under this Policy
We will reimburse you for your losses up to the Coverage Limit, provided that you meet the claim requirements described above and one or more of the following “Covered Circumstances” applies:
- Fraudulent Advertisement: the Owner does not own or manage the Rental, or is not the authorized agent of the property’s owner, or the Rental is not legally permitted to be rented.
- Compromised Owner: the personal e-mail address of the Owner or the Owner’s account with us has been compromised by a fraudulent individual purporting to be the true Owner to induce payment from you.
- Inaccessible Rental: you have paid for the Rental in compliance with the booking contract, and you have complied with the Owner’s terms and conditions but you have been denied entry to the Rental as a result of intentional and wrongful conduct of the Owner (which is deemed to include as a result of the Owner’s bankruptcy, insolvency or fraudulent activity), or the Rental is not in fact for rent. You will not be covered for any delay in accessing the Rental during the rental period. You must notify us of this condition no later than the first day of your expected rental period.
- Misrepresented Rental: the Rental has Material Differences or Defects (as defined below) compared with the advertised Rental, and: (i) you are unable to rent the Rental as intended; (ii) you document the Material Differences or Defects; and (iii) you notify the Owner and us of this condition no later than the first day of your rental period.
The meaning of “Material Differences or Defects” shall be determined in our sole discretion and, among other exceptions, it shall not cover cleanliness of the Rental; minor differences in the location of the Rental advertised and the actual location of the Rental; the presence or availability of local attractions; or maintenance issues with amenities or services.
Circumstances not covered under this Policy
We will not provide any reimbursement for loss of funds due to circumstances that are not included in the Covered Circumstances. For clarification, we will not cover losses in any of the following circumstances (which is not an exhaustive list).
- Any indirect losses; losses associated with travel arrangements, such as airfare or other transportation costs; opportunity losses; contractual losses; consequential losses; losses due to the weather or natural disasters; any losses other than the Qualifying Payment (subject to the Coverage Limit).
- If we or the Owner offer you alternative accommodation in lieu of the Rental and you accept the alternative accommodation (which will be inferred if you stay at least one night at such alternative accommodation), you will not be able to claim in respect of any sums paid for the original Rental.
- Any damage deposits or other funds paid to the Owner using the Platform that are not returned due to damage or non-compliance with the Owner’s booking contract and/or cancellation policy.
- Any payments made in cash, or by cheque or wire transfer, or using any other type of payment service other than via the Platform.
- If you have a close personal connection with the Owner, for example, you are friends or members of the same family.
- Payments you make after we notify you that the Rental is fraudulent or has been removed from the Website.
- In relation to a Rental with Material Differences or Defects, where you fail to notify us no later than the first day of your rental period and you do not vacate the Rental by midnight on the day of check-in.
To make a claim under the Policy, you must take the following steps within the time periods described below.
- Inform us of the problem no later than the first day of your rental period by telephone. The telephone number is: 1-844-558-6015.
- Send a completed Claim form to us with proof of identification and a detailed description of the circumstances surrounding your claim so that we receive it within 14 days of the first day of your rental period.
- Submit the Claim Form by email to firstname.lastname@example.org. Alternatively, you can print the form and submit the form by post. Please telephone or e-mail us to request the applicable address for submission.
- If the issue is due to fraudulent activity you must obtain a police crime reference number/ case number in relation to such issue and print it on the Claim Form. Details of how to obtain a crime reference number/ case number are included on the Claim Form.
We shall complete the reimbursement claim process in a reasonable time frame (generally within four weeks) and will keep you informed of any decisions or additional documentation required to process your claim.
In our sole discretion, we shall make all decisions regarding claim and documentation requirements and eligibility under the Policy. Our decisions shall be final and binding on you.
(a) Registration. By registering or signing into your account on this Website as a vacation rental owner or manager ("Manager"), you agree to provide accurate and current information about yourself as prompted by the registration process and maintain and promptly update your online profile information to keep it accurate and current, including but not limited to the information displayed in your FlipKey account. By registering or signing into your account on this Website as a Manager with a listed vacation rental property (a "Listing" and collectively "Listings") on this Website, You represent and warrant that (i) you own and control all of the rights to the content, including text, descriptions, photos and any other content that you post or otherwise distribute regarding the Listings, or you otherwise have the lawful right to post and distribute such content to or through the Website; (ii) such content is accurate and not misleading (including, without limitation, descriptions, features, availability and rental pricing, and pictures (whether supplied by you or authorized by you to be taken by FlipKey from another web site or service)); and (iii) use and posting or other transmission of such content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity. You also agree to promptly provide proof of personal identification, ownership of the property listed or authority to list the property as we may request. We reserve the right to refuse, in our sole discretion, any Listing or remove Listings, either temporarily or permanently based on the content and accuracy of such Listing, including without limitation, accurate calendar availability and rate information. We may refuse to publish the Listing for any reason, and you hereby expressly agree to release and hold us harmless from any loss or liability that may arise from such a decision.
(b) Term, Renewal and Cancellation. As applicable to you, Listings are sold to run for entire term from the date of payment. Payment for subscriptions for Listings must be made in U.S. Dollars paid either by major credit card or debit card. Such Listing subscriptions shall automatically renew at the expiration of the then-current term, monthly or annual as applicable, for an additional term of the same duration as the initial term. This automatic-renewal allows your service to remain uninterrupted. If you do not wish for your Listing subscription to be automatically renewed, you must manually cancel your Listing subscription by accessing your FlipKey account and cancelling prior to the expiration of the then-current term. Upon any cancellation, your Listing subscription will remain active through your then-current term; however your Listing subscription will not be automatically renewed upon the expiration of this term. If your subscription is cancelled at the end of your then-current Listing subscription term for any reason and you thereafter desire to renew your Listing subscription, you will be required to pay the then-current non-promotional subscription rate to activate a new subscription. If you do not cancel your Listing subscription you re-affirm and authorize us to charge your credit card at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current non-promotional subscription rate. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary. You may disable a Listing prior to the end of the term and thus remove the Listing from the Website, however, disabling a Listing will not cancel your subscription. No refunds or extensions of time are available for disabled or cancelled Listing subscriptions.
(c) Complaints and Removal of Listings. If we become aware of or receive a complaint from any person or entity regarding a member's Listing or rental practices that, in our sole discretion, warrants the immediate removal of such member's allegedly offensive Listing from the Website (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 unfair within the vacation rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party or the user has been fraudulently posting reviews or violation of this Agreement), then we may immediately remove the allegedly offensive Listing from the Website without notice to the member and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive Listing from the site without notice to the member and without refund.
(d) Content Restrictions. You represent and warrant that each Listing displays an individual and uniquely identified property available for short term rent. FlipKey reserves the right to amend or remove any Listing, when more than one property is described or a Manager may be listing only a subset of their total Listings and directing Guests to other rentals not included on the Website, and may choose, in its sole discretion to retain any fees associated with the non-conforming listing as compensation for violating this condition. You agree that each Listing is subject to review and FlipKey reserves the right to edit, amend, improve any Listing and the design, layout and functionality of Listings and the Website, in its sole discretion and without notice to you. You represent and warrant that the Listings will not contain addresses of other web sites, HTML, code or other markup languages, other than as provided herein. Addresses of other web sites, HTML, code, or other markup languages will be removed from Listings without notice. You agree not to place email addresses within your listings other than in the designated area to help prevent SPAM and discourage email harvesting robots from crawling FlipKey. Email addresses included outside designated areas will be removed from Listings without notice.
(e) Content License. You grant FlipKey, its affiliates, and licensees (i) a nonexclusive, royalty-free, perpetual, transferable, irrevocable right to use, reproduce, modify, edit, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised; (ii) the right to use the name that you submit in connection with such content, if they choose; and (iii) you grant FlipKey and its affiliates the ability to copyright and protect the images, copy and other content available via your Listing from the unauthorized use by unaffiliated third parties who may attempt to use such information and grant us the right to pursue at law any person or entity that violates your or FlipKey's rights in the content by a breach of this Agreement. You further agree to assist us - at our expense and control - to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member and each member will indemnify and hold harmless FlipKey against any action brought for breach of copyright or other rights from the use of such content. You hereby waive and release all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us. You agree that we may reproduce in whole or in part any photographic material supplied by you in the promotion of your property or the promotion of the Website.
(f) Other Rights in Content. You understand that content submitted will be considered non-confidential and FlipKey, its affiliates, and licensees will be under no obligation to treat such content as proprietary information. Without limiting the foregoing, FlipKey, its affiliates, and licensees reserve the right to use the content as they deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. FlipKey, its affiliates, and licensees are under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to FlipKey. FlipKey, its affiliates, and licensees shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties.
(g) Responsibilities as Manager. You acknowledge that: (i) you will be responsible for and agree to abide by and adhere to all laws, rules and regulations applicable to the advertisement of your rental and the conduct of your rental business, including, but not limited to, permits, licenses, zoning regulations, occupancy taxes, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws; (ii) FlipKey is not a property management company; (iii) prospective renters will contact you directly using the email contact, booking or payment forms or the contact information provided with the Listing; (iv) FlipKey is not responsible for renters of property (it is your responsibility to validate the qualifications of the prospective renters and rent a Listing on terms and conditions acceptable to you); and (v) FlipKey may, at no additional cost to you, license third-party web sites to advertise the Listings in order to maximize the visitors to your listing.
(h) Disabling Listings. You understand that you may disable any Listing at any time (such listing will generally be removed from FlipKey within seven business days).
(i) Prohibited Activities. You agree not to post, email, or approve for posting, content, whether in Listings or otherwise: that violates the Fair Housing Act by stating a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap, or violates any state or local law prohibiting discrimination on the basis of these or other characteristics; that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; that infringes any patent, trademark, trade secret, copyright or other proprietary right of any third party, or that you do not have a right to make available under any law or contractual or fiduciary relationship; that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website.
(j) Accuracy of Listings. As a Manager, you may provide or approve Listings. You represent and warrant that all information contained in Listings will be true and accurate in all material respects and will not omit anything that may be material to the decision of a user interested in a transaction. You understand that renters will rely upon your Listings and any misstatements or omissions about the Listing may result in liability and other consequences to you including but not limited to cancellation of your Listing and/or account with FlipKey. You expressly release FlipKey and its users from any liabilities or obligations that may arise from any misrepresentations, omissions, or misstatements in the Listings you provide to FlipKey (including Listings you approve) and others who use the Website. You may also provide limited additional rules or rental policies and agreements of use for your Listings, but FlipKey will have no obligation to monitor, police or enforce such rules, and FlipKey will have no liability or obligation to you or to a renter for any violation of such rules. You understand and agree that FlipKey is a referral service only, and in no event shall FlipKey be a party to any rental contract or agreement between you and a Guest.
(k) Contact Information. As a Manager, you represent and warrant that contact information for past guests that you enter into the Website through our service or other automated processes (including providing contact information of past guests directly to FlipKey), shall be the valid contact information of past renters. If such contact information is provided in relation to a specific Listing, you represent and warrant that to the best of your knowledge such information is accurate and renters are truly and accurately associated with Listings that they rented.
(l) Reviews. You hereby agree to allow FlipKey to send review requests on your behalf based on the contact information (email address) of past guests' that you provide and that FlipKey shall have the right to retain this contact information, including the guests' name and email address for record keeping purposes. FlipKey respects the privacy of your customers and our users and hereby agrees not to reuse this information for remarketing purposes. Users that register an account with FlipKey shall be subject to this Agreement and may be contacted in connection with FlipKey services or information.
(m) Confirming or Rejecting Bookings. When a Manager requests payment from a traveler, that quote is sent to that potential guest, who can confirm the booking by submitting payment through FlipKey. The quote will expire automatically once the date the Manager schedules the first payment to be due is in the past or cancels the quote.
(n) FlipKey as Limited Agent. As a Manager you hereby appoint FlipKey as your limited agent solely for the purpose of collecting FlipKey Payments made by Guests on your behalf and agree that payments made by Guests to us shall be considered the same as payments made directly to you. You agree to make the Listing available to the Guest as if you had received the Total Fee and will honor your cancellation policies. In connection with such appointment, FlipKey assumes no liability for any of your acts or omissions.
(o) Collection and Remittance of Rental Fee. When using FlipKey Payments, FlipKey will collect the Total Fee (defined above) from the Guest at the time the Guest accepts the Manager's booking request, subject to any Scheduled Payments (detailed above) and will remit the Rental Fee, less the Service Fee described below, to you either: (i) within 24 hours of processing the Guest's payment if you are approved for a merchant account through our third-party processor; or (ii) if you are not eligible for a merchant account, within 24 hours after the Guest checks in at the Listing.
(p) Security Deposits. If a Security Deposit is included in a Listing for a confirmed booking, FlipKey will, as the Manager's payment agent, obtain a pre-authorization of the Guest's credit card in the amount the Manager determines for the Security Deposit in the booking request. FlipKey is not responsible for adjudicating and managing security deposit disputes and disclaims liability in this regard.
(q) Fees for FlipKey Payments. In consideration for providing the FlipKey Payments service, FlipKey charges (a) a fee to the Manager based upon a percentage of the amount of the Rental Fee excluding Taxes as described in your FlipKey Account and (b) a fee to the Guest based upon a percentage of the amount of the Rental Fee excluding Taxes as disclosed to the Guest prior to his or her confirmation of payment for the Listing.
(r) Cancellations and Refunds. If you cancel a quote via our Website, we will notify the Guest that the Listing is no longer available. If you cancel a confirmed booking made via our Website, the cancellation policy for the Listing will apply to and govern the terms of your cancellation and amount, if any, of the Total Fee to be refunded to the Guest. Managers may process any necessary refunds through their FlipKey account, including full or partial refunds for Security Deposits collected, at any time between the date the Guest confirms their reservation and within thirty days following the Guest check-out date. FlipKey will refund the Total Fee for such booking to the applicable Guest within a commercially reasonable time of the cancellation or refund. After such thirty-day period, any refunds to the Guest must be done external to the Website.
(s) Manager Cancellation Fee. If you use the FlipKey Payments service and you cancel a confirmed booking for any reason, FlipKey may impose a fee (the “Cancellation Fee”), which we will either charge to you directly or withhold from your future disbursements, in our sole discretion. This is because cancellations can have serious implications on a traveler’s trip, and cause us to incur costs. You will be notified of the situations in which a Cancellation Fee applies before you decide to cancel. You accept that the Cancellation Fee represents a genuine pre-estimate of our loss which is necessarily incurred in dealing with travelers’ complaints resulting from your cancellation, and the sourcing and securing of appropriate alternative accommodation on their behalf. For the avoidance of doubt, once you accept a booking, you are under an obligation to fulfil it. If you breach this obligation and cancel a booking, then FlipKey may impose the Cancellation Fee.
The Cancellation Fee will generally be charged in the same currency in which the cancelled booking was denominated. The rates applied to bookings confirmed on or after 19 October 2015 are $150 USD or the equivalent converted using data from one or more third parties, such as OANDA.
Prospective travelers will be able to see the number of cancellations you have initiated, as this figure will be displayed next to your Listing. A higher than average rate of cancellation is likely to reduce the number of bookings you receive, and if we conclude, in our sole discretion, that your cancellation rate is excessive, then we may permanently remove your Listing from the site without notice to the Manager.
(s) Taxes. IRS regulations, regarding federal tax reporting requirements, stipulate that FlipKey must collect IRS Form W-9 from all Managers in the United States or provide your foreign tax ID and related information as requested for Managers outside the United States. You understand and agree that you are solely responsible for determining your applicable sales tax, value added tax (VAT), goods and services taxes (GST) or other municipal, state and federal indirect or other withholding and personal or corporate income taxes ("Taxes") reporting requirements in consultation with your tax advisors. FlipKey cannot and does not offer Tax-related advice. Additionally, please note that each Manager is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes with Listings. Where applicable, or based upon request from a Manager, FlipKey may issue a valid VAT invoice to such Manager. You agree to indemnify and keep FlipKey indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of errors in your Tax calculations or your failure to account for applicable Taxes.
(t) FlipKey Liability. We act for you in a limited capacity as your payment agency, for the purpose of receiving payments from Guests on your behalf. However, we are not party to your rental transactions with Guests and are not responsible for ensuring that Guests make the payments due in relation to their bookings. We also are not responsible for chargebacks, cancellations, refunds or any disputes between you and Guests. You shall not hold FlipKey responsible for any acts or omissions of Guests. In certain situations whereby FlipKey (a) receives notice of a chargeback filed without merit (in our sole discretion) against us in respect of a legitimate charge for a booking, and (b) subsequently loses the legitimate charge as a chargeback, the Manager shall assign to FlipKey the right to pursue the loss directly against the traveler, which right we may exercise in our sole discretion.
Any rights not expressly granted herein are reserved.
Last updated: 2016-06-27