1. Acceptance of Terms
By accessing or using the Experience A Vacay website (www.experienceavacay.com) and related services (collectively, the "Platform"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, please do not use our Platform.
Experience A Vacay LLC ("Experience A Vacay," "we," "us," or "our") operates an online marketplace connecting property owners and managers ("Hosts") with travelers seeking vacation rental accommodations ("Guests").
2. Definitions
- Platform: The Experience A Vacay website, mobile applications, and related services.
- Host: Property owners, managers, or authorized representatives who list vacation rental properties.
- Guest: Users who book or inquire about vacation rental properties.
- Property: Any vacation rental accommodation listed on our Platform.
- Booking: A confirmed reservation for a Property through our Platform.
- Content: All text, photos, reviews, data, and other materials posted on the Platform.
3. Platform Services
Experience A Vacay provides a platform that enables:
- Hosts to list and market their vacation rental properties.
- Guests to discover, book, and stay at vacation rental properties.
- Comprehensive property management services including guest communication, booking management, maintenance coordination, and cleaning services.
- Payment processing and transaction facilitation between Hosts and Guests.
4. User Accounts and Registration
4.1 Account Creation
To access certain features of our Platform, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.
4.2 Account Responsibilities
- You must be at least 18 years old to create an account.
- You may not create multiple accounts or allow others to use your account.
- You must promptly update your account information if it changes.
- You are responsible for all activities that occur under your account.
5. Host Terms
5.1 Property Listings
Hosts may list vacation rental properties subject to these Terms and our Host Agreement. All property information must be accurate, complete, and up-to-date.
5.2 Property Standards
All Properties must meet our quality and safety standards, including compliance with applicable laws, clean and well-maintained condition, accurate descriptions and photos, and proper insurance coverage.
5.3 Host Responsibilities
- Respond promptly to Guest inquiries and booking requests.
- Honor confirmed Bookings or pay applicable penalties.
- Maintain Property condition and cleanliness standards.
- Comply with all applicable laws and regulations.
- Provide accurate availability calendars.
5.4 Management Services
For Properties under our full management service, Experience A Vacay will handle guest communications, bookings, maintenance coordination, cleaning, and other agreed-upon services as outlined in separate Host Agreements.
6. Guest Terms
6.1 Booking Process
Guests may search, inquire about, and book Properties through our Platform. All Bookings are subject to Host approval and availability.
6.2 Guest Responsibilities
- Provide accurate information during the booking process.
- Comply with Property rules and local laws.
- Treat Properties with respect and care.
- Pay all fees and charges as agreed.
- Report any issues or damage promptly.
6.3 Occupancy Limits
Guests must not exceed the maximum occupancy limits specified for each Property and may not host events or parties unless explicitly permitted.
7. Payments and Fees
7.1 Payment Processing
Experience A Vacay processes payments on behalf of Hosts and charges applicable service fees. Payment terms are specified during the booking process.
7.2 Service Fees
We charge service fees to Guests and/or Hosts for use of our Platform. All fees are clearly disclosed before completion of any transaction.
7.3 Taxes
Users are responsible for determining and paying applicable taxes related to their use of the Platform.
8. Cancellation and Refunds
Cancellation policies vary by Property and are clearly stated in each listing. Refunds, if applicable, will be processed according to the specific cancellation policy for the Booking.
9. Content and Intellectual Property
9.1 User Content
Users may post reviews, photos, and other content. By posting content, you grant Experience A Vacay a worldwide, royalty-free license to use, display, and distribute such content in connection with our services.
9.2 Platform Content
All content on our Platform, including text, graphics, logos, and software, is owned by Experience A Vacay or our licensors and is protected by copyright and other intellectual property laws.
9.3 Prohibited Content
Users may not post content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable.
10. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
11. Prohibited Uses
You may not use our Platform to:
- Violate any applicable laws or regulations.
- Discriminate against others based on protected characteristics.
- Engage in fraudulent or deceptive practices.
- Interfere with Platform operations or security.
- Post false or misleading information.
- Circumvent our fee structure.
- Use automated tools to access the Platform without permission.
12. Safety and Insurance
12.1 Safety
Users are responsible for their own safety. Experience A Vacay does not inspect Properties and makes no warranties regarding safety or security.
12.2 Insurance
Hosts must maintain appropriate insurance coverage. Guests should consider travel and personal property insurance. Experience A Vacay is not an insurance provider.
13. Dispute Resolution
13.1 Communication First
We encourage Users to communicate directly to resolve disputes. Experience A Vacay may assist in dispute resolution but is not obligated to do so.
13.2 Binding Arbitration
Any disputes arising from these Terms or use of our Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
14. Liability and Disclaimers
14.1 Platform Disclaimer
Our Platform is provided "as is" without warranties of any kind. We do not warrant that the Platform will be error-free or uninterrupted.
14.2 Limitation of Liability
To the fullest extent permitted by law, Experience A Vacay's liability for any claims related to these Terms or the Platform is limited to the amount of fees paid by you in the 12 months preceding the claim.
14.3 Third Party Services
We may integrate with third-party services. We are not responsible for the actions or content of third parties.
15. Termination
We may suspend or terminate your account and access to our Platform at any time for violation of these Terms or for any other reason. You may terminate your account at any time by contacting us.
16. Compliance and Legal Requirements
Users must comply with all applicable federal, state, and local laws, including but not limited to short-term rental regulations, zoning laws, tax obligations, health and safety codes, and anti-discrimination laws.
17. Changes to Terms
We may modify these Terms at any time. We will notify users of material changes via email or Platform notice. Continued use of the Platform after changes constitutes acceptance of the new Terms.
18. General Provisions
18.1 Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
18.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
18.3 Entire Agreement
These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and Experience A Vacay.
19. Contact Information
For questions about these Terms, please contact us at:
