Termos e Condições

Welcome to VacationRenter.com. The VacationRenter.com website and any associated mobile and software applications on which these Terms of Service Agreement ("Terms") are posted (together, the "Website" or "Service") is comprised of various web pages operated by VacationRenter LLC ("VacationRenter," "us," "we," or "our"). The Website is offered to you conditioned on your acceptance without modification of these Terms. These Terms constitute a legally binding agreement between VacationRenter and you concerning your use of the Website. We encourage you to print these Terms or save them to your device or computer for reference.

Search Engine Platform

VacationRenter provides a search engine for locating and comparing vacation rental properties listed by third-party providers ("Provider(s)"). The Website also allows you to create an account to customize your experience and save information, such as your "favorite" listings.

We do not own, sell, or control the property deals listed on the Website. If you make a booking through our Website, your booking information will be collected on behalf of, and provided to, the Provider(s) responsible for booking and providing the property as identified at checkout. As outlined further below, all bookings, reservations, changes, cancellations, and refunds must go through the respective Provider and are governed by the terms and conditions and privacy policies of that Provider.

Dispute Resolution

This section outlines how you and VacationRenter will handle disputes arising from these Terms, the Privacy Policy, Website, Service, transactions and dealings with Providers, or representations or omissions by us or Providers. It is crucial that you read this section carefully.

A "Claim" refers to any claim or dispute between you and us or any Provider, or any third-party beneficiary, arising from these Terms, the Privacy Policy, and the Service. These Terms, including the interpretation and enforcement of this dispute resolution provision and any Claims, shall be exclusively governed by the Federal Arbitration Act, federal arbitration law, and, if not inconsistent, the laws of the State of Florida, excluding choice of law rules. If you agree to a Provider’s separate terms, those terms will control with respect to any claims between you and the Provider, if inconsistent with these terms.

Our goal is to resolve all Claims to optimize customer satisfaction. Before seeking arbitration relief, you agree to first notify our Customer Service Department to attempt to resolve any Claims against us or the Provider. You can reach us at [email protected], and you can reach the Provider through their contact information. Participating in this informal process is a prerequisite to initiating arbitration or small claims court proceedings, to the fullest extent permitted by applicable laws.

If the Claim is not resolved through our Informal Dispute Process, the aggrieved party (“Claimant”) must follow this Pre-Arbitration Notice Procedure before commencing arbitration:

• The Claimant must send the other party a formal written Notice of the Claim by certified mail at 1172 S Dixie Hwy, #570, Coral Gables FL 33146 and email to [email protected].
• The Notice must contain the Claimant's full name, address, email, description of relevant facts and basis of the Claim, damages and recovery sought, and a signed statement verifying the accuracy of the information.
• After receiving the Notice, the parties will negotiate in good faith to resolve the dispute for 30 days, which may include an individualized video conference or phone call attended by both parties. Optionally, in addition to both parties, a party’s attorney may also attend this individualized video conference or phone call. The parties agree to work together cooperatively to schedule this individualized video conference or phone call as soon as possible after the receipt of the Notice.
• If no agreement is reached within 30 days, the Claimant may commence arbitration proceedings.
• Compliance with the Informal Dispute Process and the Mandatory Pre-Arbitration Notice Procedure is a condition precedent to initiating arbitration. Statutes of limitations are tolled during the Informal Dispute Process and the Mandatory Pre-Arbitration Notice.
• If the Claimant does not comply with the Notice Procedure, a court, upon request by a party, must enjoin an arbitration filing or continued prosecution, and an arbitration administrator cannot initiate or assess fees related to the arbitration. If a party commences an arbitration prior to completing the Notice Procedure, the arbitration provider shall administratively close the arbitration. Furthermore, a party may seek damages from any party who does not comply with the Mandatory Pre-Arbitration Notice procedure.

The parties agree that any unresolved Claims will be resolved exclusively through final and binding arbitration according to the following terms, except as otherwise provided further below:

• Claims will only be resolved through arbitration, not in a court of law.
• Arbitration will be governed by applicable National Arbitration & Mediation (“NAM”) rules, as modified by this arbitration agreement, and administered by NAM or another provider that is agreed-upon or appointed by a court. The NAM rules include the Comprehensive Dispute Resolution Rules and Procedure and the Supplemental Rules for Mass Arbitration, as may be amended by these Terms. You may find the NAM rules online at www.NAMADR.com. You may find the form to start an arbitration on the NAM website.
• Arbitration will be conducted before a single arbitrator who will resolve any Claims, as well as any disagreements regarding the scope, enforceability, formation, interpretation, applicability, enforceability, voidness, or voidability of these Terms or the dispute resolution provisions of the Terms. All remedies will be available to the arbitrator, and the arbitration decision will be final and binding.
• The arbitration will be conducted in person in the county where you live or at another mutually agreed location, and may be conducted by telephone, videoconference, or written submissions upon request.
• Payment of fees will be governed by the NAM Rules, unless you qualify for a fee waiver under applicable law. Each party shall pay its own attorneys' fees, unless otherwise required by statute.
• The arbitrator may consolidate multiple related arbitrations upon request, but cannot preside over any form of representative or class proceeding unless all individuals have initiated and are currently pursuing arbitration under this Agreement.
• As in court, counsel representing a party in arbitration certifies compliance with Federal Rule of Civil Procedure 11(b), and the arbitrator is authorized to impose sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law.

• Instead of arbitration, you, we, or the Provider may bring any individual Claim in small claims court, but only if the Claim(s) are brought on an individual basis and are below the statutory maximum amount permitted in small claims court.
• If you choose to pursue the Claim(s) in a small claims action, it may only be filed in the country of your residence or in Miami-Dade County, Florida.
• Nothing in this section will limit either party's ability, if and as allowed by applicable law, to seek injunctive relief in aid of arbitration or a "public injunction" in a court of competent jurisdiction or to seek to compel arbitration, stay a case during arbitration, or enter judgment on, confirm, modify, or vacate an arbitration award.
• Arbitration is required if you reside or bring a Claim in the United States or any country that enforces arbitration agreements. If you are not bringing a Claim in, and are not a resident of, the United States, you may be allowed to file a Claim in a court of competent jurisdiction on an individual basis in the city in which you reside under the laws of that city, after completing the Informal Dispute Process and the Mandatory Pre-Arbitration Notice Procedure.

THIS AGREEMENT LIMITS YOUR RIGHTS TO BRING CLAIMS IN COURT OR AS PART OF A CLASS ACTION. BY ACCEPTING THESE TERMS, YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE AS A CLASS MEMBER OR REPRESENTATIVE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT JOIN OR CONSOLIDATE CLAIMS FROM MULTIPLE PARTIES, MAY NOT PRESIDE OVER ANY CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION, AND MAY NOT AWARD RELIEF BEYOND WHAT'S NECESSARY FOR THE INDIVIDUAL CLAIM. THIS WAIVER OF CLASS ACTION RIGHTS IS A CRUCIAL PART OF THIS AGREEMENT. IF THIS WAIVER IS FOUND TO BE LIMITED OR VOID, THE ENTIRE ARBITRATION AGREEMENT BECOMES NULL AND VOID, SUBJECT TO APPEAL. YOU ACKNOWLEDGE THAT WITHOUT THESE TERMS, YOU WOULD HAVE THE RIGHT TO SUE IN COURT WITH A JURY. BY AGREEING TO THESE TERMS, YOU ARE KNOWINGLY WAIVING THESE RIGHTS IN FAVOR OF INDIVIDUAL ARBITRATION.

This dispute resolution provision applies equally to all parties and shall not be interpreted to the disadvantage of the party who drafted it. If any part of this provision is found to be unenforceable, that specific part shall be severed from the agreement. The remaining portions of the agreement will continue to be valid and enforceable to the fullest extent permitted by law.

Privacy

Your use of the Website is subject to VacationRenter's Privacy Policy, which forms a part of these Terms. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.

Third-Party Providers; Booking Changes, Refunds, and Cancellations; Potential Errors

VacationRenter provides a platform for third-party Provider listings. If you select and book a vacation property on the Website, your booking information will be collected for and transmitted to the respective Provider(s). For other listings, you may be redirected to the Provider's Website. We do not accept or process payments from users. If you make a booking through the Website, payment is collected for and will be processed under the respective Provider.

The respective Provider is responsible for your booking and customer service. We do not sell vacation rental bookings or handle changes, refunds, or cancellations. Questions or concerns about your booking, including to obtain a change or refund, should be directed to the Provider directly.

You agree to abide by the separate terms and policies of any respective Provider, including the party that makes the property available for booking and the place of accommodation. When you make a booking, Provider terms are referenced or linked during the booking process, including on the listing, checkout page, or confirmation email. Provider terms may include service, hotel, or cleaning fees as well as restrictions on booking accommodations, changes, refunds, or cancellations. You should review all terms prior to making a booking. We are not a party to your contract with a Provider.

VacationRenter makes no representation or warranty regarding any rental property or Provider. VacationRenter shall have no liability with respect to your booking, any third-party website, offer, or content, or any utilization of rental properties. The inclusion of third-party content on the Website or link or feature to save "favorite" listings does not imply endorsement or recommendation by VacationRenter of any Provider or third party.

We do not control any Provider listings, content, offers, terms, policies, or refunds. While we will seek to comply with applicable laws and fix any known errors on the Website, we are not responsible for any errors or interruptions on our Website, including errors in Provider listings or content. If there was an error, such as incorrect price, your booking may be cancelled or updated, even if your booking has already been confirmed.

Third-Party Travel Insurance

Third parties may offer and sell travel insurance for your booking. If you select this insurance, you are subject to their separate terms. VacationRenter does not offer, endorse, or sell travel insurance, even if listed on the Website, and it is not a party to your contract with any insurer. Questions or concerns about your insurance should be directed to the insurance provider directly.

Consent to Communications

Visiting the Website constitutes an electronic communication. By using the Website, you consent to receive electronic communications, including marketing emails and emails about your "favorite" listings and booked or cancelled travel; and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. You also agree to communications from us by phone and SMS/text message if they are transactional or if you consent to them. You may opt out of any of our communications by following the instructions provided in the communications or by contacting us.

If you make a booking through our Website, your booking is with the respective Provider, who may communicate with you about the booking or other offers. To opt out, you should contact the Provider.

Children

The Website is directed to users who are 18 or older and otherwise competent to enter into lawful contracts under applicable law. By using the Website, you agree that you are 18 years or older, competent to enter into contracts, and authorized to make bookings on behalf of any party or company subject to the booking. VacationRenter does not knowingly collect, either online or offline, personal information from persons under the age of 13.

No Unlawful or Prohibited Use; Intellectual Property

You are granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website subject to your strict compliance with these Terms. As a condition of your use of the Website, you warrant to VacationRenter that you will not use the Website for any purpose that is unlawful or prohibited by these Terms or applicable law. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website, or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of VacationRenter or its suppliers or licensors, or Providers and their users or licensors, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse-engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. VacationRenter content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use Website content solely for your personal non-commercial use and will make no other use of the content without the express written permission of VacationRenter and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of VacationRenter or our licensors except as expressly authorized by these Terms.

Accounts

To use parts of the Website, including to save or access a favorite list of properties, you may be required to create a user account, such as by signing up/in via email, Google, or Facebook. Through your account, you may also link other users and comment on, vote on, and add to favorite lists of properties. You represent that all information provided in connection with your account is current, complete, and accurate. You are entirely responsible for activity under your account and maintaining the confidentiality of any account credentials, and you should immediately notify us of any unauthorized access. We will not be liable for anyone else using your account. If we believe that you have violated these Terms, we may refuse further access and suspend or terminate your account.

Restrictions

You are expressly restricted from all of the following:

• publishing any Website material (derived from the Website) in any media;
• selling, sublicensing, and/or otherwise commercializing any Website material;
• using the Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
• providing false, misleading, or inaccurate information, or impersonating any person or entity, in using the Website, including in creating an account;
• creating an account or accessing parts of the Website without authorization to do so;
• attempting to probe, scan, or test the vulnerability of the Website, system, or network;
• attempting to modify, reverse-engineer, decompile, or disassemble any source code;
• engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Website, or while using the Website; and
• using the Website to engage in any advertising or marketing except as expressly authorized by us prior to any such use.

International Users

The Website is controlled, operated, and administered by VacationRenter from our offices within the United States. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. You will be charged the currency that is displayed at checkout, but the credit card charge may fluctuate depending on the exchange rate.

Indemnification

You agree to indemnify, defend, and hold harmless VacationRenter, its owners, officers, managers, employees, and agents, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of the Website or our services, your account, your booking or utilization of properties listed on the Website, or your violation of any applicable laws, rules, or regulations or these Terms. VacationRenter reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VacationRenter in asserting any available defenses; and you shall not settle any claims without our express written consent.

Liability Disclaimer

THE INFORMATION, SOFTWARE, CONTENT, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VACATIONRENTER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

VACATIONRENTER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, ACCOUNTS, "FAVORITE" FEATURES, SERVICES, OFFERS, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES, OFFERS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VACATIONRENTER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES, OFFERS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VACATIONRENTER AND/OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, OR RELATING TO ANY PROVIDER OFFERS, WEBSITES, OR CONTENT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, ACCOUNTS, "FAVORITE" FEATURES, SERVICES, OFFERS, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF VACATIONRENTER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Termination/Access Restriction

VacationRenter reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. If you breach these Terms or any applicable law, your rights under these Terms, including your right and limited license to use the Website, will immediately terminate without further notice to you. Without limiting any other provision of these Terms, the provisions relating to dispute resolution and mandatory arbitration, intellectual property, restrictions on unlawful and prohibited use, indemnification, miscellaneous terms, and liability disclaimers shall expressly survive termination of these Terms.

Changes to Terms

VacationRenter reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. VacationRenter encourages you to periodically review the Terms to stay informed of our updates. By using the Website, you agree to be bound by the applicable Terms. If you did not agree to new Terms, you will still be bound by the most recent version of the Terms that had your consent.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by emailing us with the following information in writing (see 17 U.S.C §512(c)(3) for further details): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Website where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You should consult with an attorney for any questions. If you believe we have removed your content in error, you may file a counter-notice under the DMCA. If you are a repeat infringer, we may take further action pursuant to a repeat infringer policy.

Written notices to our agent may be emailed to:

VacationRenter
1172 S Dixie Hwy, #570
Coral Gables, FL 33146
[email protected]

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and VacationRenter as a result of these Terms or your use of the Website. VacationRenter's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits VacationRenter's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by VacationRenter with respect to such use. These Terms are severable, and if any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, and the mandatory arbitration provision, 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 the remainder of these Terms shall continue in effect. Neither party will be liable for any force majeure event beyond its reasonable control, including an act of God, riot, war, terrorist act, pandemic, natural disaster, government order, strike, fire, or explosion. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and VacationRenter with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and VacationRenter with respect to the Website. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.

Contact Us

VacationRenter welcomes your questions or comments regarding the Terms.

Please contact us at [email protected].