Rarestay (“rarestay.com”, “we” or “us”) provides access to the www.rarestay.com web site (“the Site”) for property owners and agents (“advertisers”) and people using the site other than that to advertise property (“users”). Please read the Terms carefully before using the Site.
3. The Site lists various types of holiday accommodations available for rent. For the avoidance of doubt, unless explicitly stated in the offer or sale description, offers are for accommodations only.
4. Separate terms and conditions may apply to your reservation and purchase of the items purchased through any listing on the Web Site. You agree to abide by the terms or conditions of purchase imposed by any provider with whom you contract.
5. We provide an advertising service for advertisers and a property search facility for users. We do not own, manage or inspect for any of the properties advertised on our site. We have absolutely no involvement in the reservation process, although we may provide tools to enable the transaction between advertiser and user. We make no claims as to the safety or legality of any of the properties advertised. Neither are we able to confirm the accuracy of any the map references, listings or their reviews. It is the sole responsibility of the Advertiser to be eligible to rent the property and the sole responsibility of the member to pay for the rental.
6. Consideration and thought should always be given to the nature of advertisements and contracts transacted on the Internet, and the risks involved. Although we enable and encourage advertisers and users to make direct contact with each other you must proceed with care and judgment when using our site.
7. Any contract arising from the use of our site is directly between an advertiser and a user and we are not a party to that contract. In recognition of this, you accept that any claim you may have that is in any way connected with a dispute you have with another user of and/or advertiser on our site must be brought directly against that user or advertiser and not against us.
8. All copyright, database rights, trademarks and design rights in our site and in the content published on it belong to us or our advertisers.
9. You understand that you, and not we, are responsible for all electronic communications sent from your computer to us and you must use the Site for lawful purposes only.
You shall not use the Site for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Site in a way that may cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
You must not misuse the Site (including, without limitation, by hacking).
Note that we will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any Materials in breach of this section.
You are prohibited from posting, linking to, or transmitting to or from this Site any material:
– that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of copyright or any other intellectual property right, in breach of privacy, which may cause annoyance or inconvenience or which may reasonably be considered incitement to violence;
– for which you have not obtained any necessary approvals;
– which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
– which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
This does not, of course, affect any other rights that you may have (including the right of termination detailed below);
You must not systematically extract and/or re-utilize parts of the Content of the Site without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Site, without our express consent. You also may not create and/or publish your own database that features substantial parts of the Site without our express written consent.
10. When you visit the Site or send e-mails to us, advertisers or other users of the site, you are communicating electronically. You will always be given the option to unsubscribe from promotional e-mails. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. We will use every reasonable effort to ensure the uninterrupted availability of the Site and that transmissions will be error-free. Due to the nature of the Internet, this cannot be guaranteed. The Site is subject to constant change and we reserve the right to suspended or restrict access to any part of the Site, or to the whole Site, without notice, for repair, maintenance, updates or service additions. You agree that we shall not be liable to you or any third party for any modification to the Site, and any failure, suspension or withdrawal of all or part of the Site.
12. We are not responsible for the availability of any external sites or resources. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy policies or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other Materials (as defined below) or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
13. You agree not to attempt any unauthorized access to any part or component of the Site, and you agree that in the event that you have any right, claim or action against any Site users arising out of that user’s use of the Site, then you will pursue such right, claim or action independently of and without recourse to us.
14. If you decide to register with us, in doing so you agree:
to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration process;
to maintain and promptly update the information to keep it true, accurate, current and complete; and
not to divulge your account password and that you will be responsible for any misuse of your password, whether by you or any third party.
We may accept or reject your registration at our sole discretion. If we accept your registration, we will issue you with an account, password and username, which you must keep secure. You may then access the Site using your password and username and contact other users and give reviews concerning properties you have stayed in.
You are responsible for maintaining the confidentiality of your email address, user ID, password or account. You agree to: (i) immediately notify us of any unauthorized use of your email address, password, user ID or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
15. All software, artwork, graphics, video, text, interfaces, trademarks, logos, images, photographs, and any other element of the Site (collectively “Content”), including but not limited to the layout, selection, organization, and coordination of such Content on the Site is the property of or is licensed to Rarestay, and is protected by trademark, copyright, and other intellectual property rights laws.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all Materials or Content supplied as part of the Site shall remain at all times vested in us or our Licensors. You are permitted to use Materials and Content only as expressly authorized by us.
16. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Site, or the use by any other person accessing the Site using your computer or internet access account.
17. Neither Rarestay nor any of its directors, employees or other representatives will be liable for any loss, damage, sickness or death of whatever nature (direct, indirect, consequential or other) which may arise as a result, directly or indirectly, from the use of any of the information or material contained in this Website and/or use of or access to any other information or material via web links from this site or any inability to access or use this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, loss of data, income or profit, loss or damage to property and claims from third parties. Notwithstanding the foregoing, none of the exclusions and limitations in are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Rarestay liability to you for death or personal injury resulting from our negligence or that of our employees, property owners or agents. If any of these exclusions, in whole or part, is found to be unlawful, void or for any other reason unenforceable, that exclusion or part of the exclusion shall be deemed removable, and shall not affect the validity or enforceability of the other exclusion(s) or part(s) of the exclusion(s) in question. We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including without limitation strikes, lock-outs, and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
18. We make no representations or warranties of any kind with respect to the site, its contents or as to the services offered by us, or on our behalf, or any information relating to such services and we disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on this site. The information in this site may contain technical inaccuracies or typographical errors. All liability of Rarestay howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
ADDITIONAL TERMS AND CONDITIONS FOR PROPERTY OWNERS/ADVERTISERS ON RARESTAY.
In addition to being bound by the terms set forth above, members who advertise on the Site are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a listing.
20. Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member represents and covenants that all information submitted to us and to the Site during such member’s registration with the Site shall be true and correct. Each member further agrees to promptly provide notice to the Site by contacting us as provided above under “Contact Us” regarding any updates to any such contact information previously submitted by such member to the Site.
In order to list a property on a Site, members must comply with the Rarestay Terms and conditions. These Standards outline certain requirements including but not limited to:
• Members must maintain an accurate reservation calendar on their listing(s);
• Members must use commercially reasonable efforts to respond to all booking requests from travelers
• Members must further agree to take commercially reasonable efforts to cause all traveler payments to be processed
• Members must respond to and accept a material number of inquiries and booking requests received in the interest of the traveler experience; and
• Members are prohibited from cancelling a material number of accepted bookings.
21. Each member represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) it will accurately describe the subject rental property, will not fail to disclose a material defect in, or material information about, a rental property and will upon request, or otherwise from time to time, review the property listing content and location or geographic description to ensure it is accurate and not misleading ; (iv) it will not wrongfully deny access to the listed property; and (v) it will not fail to provide a refund when due in accordance with the applicable cancellation policy or underlying rental agreement. In addition, if Rarestay, through one of its guarantee or warranty programs and in its sole discretion, compensates a traveler for a loss caused by acts or omissions attributable to a member, Rarestay reserves the right to pursue the member for the amount paid or contributed towards the loss.
Upon our request, each member agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property. If you are a tenant who is listing a home, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, condominium or apartment. Listing your home may be a violation of your lease or contract and could result in legal action against you by your landlord, including possible eviction
22. We cannot guarantee that your listing will appear in any specific order in search results on the Site. Search order will fluctuate based on a variety of factors such as search parameters, subscription level purchased, listing quality, how frequently a calendar is updated, traveler preferences, member response time, reservation history, online booking capability, compliance with posted listing practice requirements, and other factors that we may deem important to the user experience from time to time (“Best Match”). Listing appearance or order in any particular search result may also vary depending on the search criteria used by the particular traveler. We reserve the right to apply various search algorithms or to use methods to optimize Best Match results for particular travelers’ experiences and the overall marketplace. Listings placed on a non-subscription basis, such as pay-per-booking, may not always appear in search results. Listings distributed on third-party sites are not guaranteed to display on such third-party site in any particular order or at all. Search results and order may appear different on Rarestay’s mobile website and application than they appear on the Site. To optimize the search experience for both members and travelers and improve the Best Match process, Rarestay retains the right to run occasional tests that will be limited in duration but may alter how we display listings and search results.
23. Photographs should depict the vacation rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph to us, the member represents and warrants that (a) it holds all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of Rarestay from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.
It is the member’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each member further agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the Site.
24. To enable members to obtain the broader distribution of their properties, we may provide your listing information and content, or otherwise provide for the distribution of your listing on a third party website, such as Google, Rental Agencies, Property Management Companies or Rental Websites.
25. All content and copy edits submitted by members are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine in our sole discretion does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to ensure that the content complies with our Content Guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any content displayed on the Site appears as the member intended. We are also allowed to use your content for marketing purposes, to attract clients.
26. Rarestay will charge property owners/advertisers a commission per reservation. Property owners/advertisers will receive the agreed rate per night. Rarestay, will add a commission on top of the agreed rate. This commission percentage might vary due to marketing costs.
27. If, in our sole discretion, any member submits unsuitable material to our Site or into our database, is not abiding by local rental regulations and is creating a nuisance in its community, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to limit the member’s use of the Site, impact the member’s listing(s) search position, and/or terminate such member’s listing immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such member’s listing from the Site (for example, and without limitation, if a member double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered deceptive, unfair or improper within the vacation rental industry or in an online marketplace for vacation rentals, if we determine or suspect that the member’s payment-related practices or procedures are not secure, legal or otherwise proper, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such member’s listing(s) or subscription(s) without notice to the member and without refund. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative of Rarestay, we reserve the right to terminate such member’s listing(s) or subscription(s) immediately without refund.
In addition to reserving the right to terminate any listing, Rarestay reserves all rights to respond to any violation of the Terms or misuse of the Site by, including, but not limited to, hiding a listing from the search results, marking a member as “out of office,” and removing or changing information that may be false or misleading.
Additionally, you agree to defend and indemnify Rarestay, its affiliated companies, 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 third parties as a result of: your breach of these Terms or the documents referenced herein, your violation of any law or the rights of a third party; or your use of this Site.