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General Terms and Conditions


Introduction

Travel Pro Rentals (hereafter referred to as "we", "us", or "our") provides an online platform that connects suppliers who have accommodations to rent with Travel Organizers (“Client”) seeking to rent such accommodations or purchase other services (collectively, the "Services"), which Services are accessible at www.travelprorentals.com or via application programming interfaces made available by Travel Pro Rentals (referred as the "Site").

The following Terms and Conditions form the basis of the Client’s relationship with Travel Pro Rentals. Please read them carefully as they set out both Travel Pro Rentals and Client’s respective rights and obligations.

Any booking that the Client makes through the Site is conditional on the Client accepting these General Terms and Conditions, the Travel Pro Rentals Agreement, and the Privacy Policy (the “Terms and Conditions”). The Terms and Conditions form an integral part of the Site and cannot be separated from the general contracting conditions, operations or reservations. By visiting, using or ordering from the Travel Pro Rentals Site, the Client expressly agrees to be bound by these Terms and Conditions and all applicable laws and regulations governing this Site and reservations transacted via the Site.

Access to the Site is strictly controlled by Travel Pro Rentals and Travel Pro Rentals reserves the right to change, modify, substitute or suspend or remove without notice any information or service from time to time.

If the Client does not agree to be bound by the Terms and Conditions, the Client must not use the Site or the Services.

Key Terms

"Client" means a travel company or individual who has completed registration on the Site.
"Final Consumer" mean the person(s) who occupy the Unit booked by the Clients.
“Services” means rental accommodations or other travel services made available to clients on the Site.
“Site” means the website accessible at www.travelprorentals.com or application programming interfaces made available to Clients by Travel Pro Rentals.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
"Unit" means an accommodation such as a home, condo or apartment that is listed for rental via the Site.

Use

This Site is provided solely for you to interact with Travel Pro Rentals and may not be used by any other person or entity, or for any other purpose.

No Implied License

This Site and any associated software, files, data, content, documentation, or any other materials provided by Travel Pro Rentals (collectively "Associated Materials") are protected by United States and international copyright, trademark and other laws. © 2013 Travel Pro Rentals. All rights reserved. Travel Pro Rentals does not convey to anyone, through allowing access to this Site, any ownership rights in this Site or in the Associated Materials appearing on or made available through this Site. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of this Site or the Associated Materials.

You shall not cause this Site to be displayed as a part of or within another Internet site or Web page or resell or redistribute any portion of this Site or Associated Materials or provide access to the foregoing to any third party for financial gain.

Conduct

You agree not to use this Site or the Associated Materials to: (i) restrict or inhibit others from using and enjoying this Site; (ii) transmit or upload unauthorized advertising, promotional materials, junk mail, "spam," chain letters or any other form of unauthorized solicitation, or any materials or listings that contain false, inaccurate or misleading information; (iii) transmit or upload any material that violates or infringes the rights of third parties including, without limitation, copyright, patent, trademark, rights of privacy or publicity or any other proprietary right; (iv) transmit or upload any virus or any program or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) transmit or upload any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent; (vi) gain unauthorized access to other accounts on the Site, other computer systems or networks; (vii) store, collect or disclose any company names, addresses, telephone numbers, email addresses, listings, reports, fees, pricing or any other information except as strictly necessary to use the Site or (viii) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact. You, and not Travel Pro Rentals, shall be responsible for ensuring that your use of the Site and the Associated Materials does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, the U.S. Fair Housing Act or any U.S. law regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to this Site. Travel Pro Rentals shall have the right, but not the obligation, to monitor or review your conduct on this Site.

Feedback

In the event that you provide Travel Pro Rentals with any feedback or suggestions ("Feedback") regarding the functionality and/or performance of this Site or the Associated Materials, Travel Pro Rentals shall have a non-exclusive, perpetual, non-terminable, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.

Liability

Client’s Liability

The Client shall be liable for the behavior of its Final Consumers in the event of abnormal behavior, vandalism or misconduct. In this case, Travel Pro Rentals and/or the service supplier reserve the right to automatically cancel Final Consumer stay or reservations with no right of the Final Consumer to any compensation whatsoever.

Any incidents which may be resolved during the stay of the Final Consumer at the accommodation establishment shall be directly resolved by the Client.

The Client (whether or not this Agreement has been terminated) shall at all times hold harmless and keep fully indemnified Travel Pro Rentals from and against any actions, claims, proceedings, losses, costs, expenses and demands (including costs and expenses in defending such matters and its proper compromise) arising directly or indirectly out of or incidental to or in connection with any breach by or on behalf of the Client or any of its servants, agents or contractors of any of the provisions of this Agreement.

Notwithstanding the above Travel Pro Rentals’ entire liability under this Agreement, whether in contract, tort (including breach of statutory duty), or otherwise shall not exceed the sums paid by Client to Travel Pro Rentals for the specific services in question.

Neither party shall be liable for any indirect, special or consequential loss, including economic loss, which term shall include, but not be limited to, loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings.

Travel Pro Rentals’ Liability

Travel Pro Rentals acts as the Client’s independent travel intermediary in the contracting of accommodation and other services, and thus shall not be held liable for death, injury, illness, damage, loss, accident, theft, delays or any other irregularity which may arise, whether directly or indirectly, from the supply of services by the supplier which have been contracted via Travel Pro Rentals.

Travel Pro Rentals shall reasonably endeavor to ensure the suppliers accept liability and indemnify from and against any claims of the Final Consumer arising from the provision of the services. Therefore, the Client hereby commits to file any claim for the services directly with the service provider. The Client also acknowledges that Travel Pro Rentals has no control over the provision of the services rendered by the service supplier.

Travel Pro Rentals shall not deal with any claims that have not been presented by the Final Consumer during the period of stay by the Final Consumer at the accommodation establishment.

Travel Pro Rentals shall not be able to negotiate any claim with the supplier that is presented after the date of Final Consumer departure from the establishment in question.

Disclaimer

The information on the Site is posted in good faith but Travel Pro Rentals cannot guarantee that it is completely free from inaccuracies and typographical errors and does not accept liability for any error or omission on the Site. Information on the various services is as accurate as possible given that the information is provided by the service supplier.

This Site may contain links to websites operated by parties other than Travel Pro Rentals. Such links are provided for your convenience and reference only. The linked sites are not under the control of Travel Pro Rentals, and Travel Pro Rentals is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of a link does not imply any association with their operators or any endorsement of the linked site by Travel Pro Rentals.

In no event shall Travel Pro Rentals be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, the use of this website or any information contained in it or the inability to access to, including loss of profit and the like.

Service suppliers on this Site are independent businesses and are not agents or employees of Travel Pro Rentals or its affiliates. These independent businesses provide the services in accordance with their own Terms and Conditions which may limit or exclude their liability to the Client or the Final Consumer. Travel Pro Rentals and its affiliates are not liable for any acts, omissions, breaches or negligence of any such independent businesses or any damages or expenses resulting from the aforesaid. Travel Pro Rentals and its affiliates are not liable for any refunds in the event of overbooking or force majeure or any other cause beyond their control.

To the maximum extent permitted by law, Travel Pro Rentals disclaims all implied warranties with regard to the information, services and materials contained on this Site. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.

Third Party Rights

These Terms and Conditions are not intended and shall not be construed to create any rights or remedies in any parties other than the parties hereto and no person shall assert any rights as a third party beneficiary hereunder.

No Waiver

The failure of Travel Pro Rentals to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

Severability

If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby.

Governing Law

These Terms and Conditions shall in all respects be governed by, subject to, enforced and construed in accordance with the laws of the State of California including all matters of construction, validity, performance and enforcement. The parties agree that the exclusive jurisdiction and venue of any action between the parties arising out of, or in any way connected with the provisions of these Terms and Conditions, the subject matter hereof, the parties mutual rights and obligations arising heretofore or hereafter or the performance of any of the terms and conditions hereof by either of the parties hereto shall be the Superior Court of California for the County of Santa Clara and the United States District Court for the Northern District of California, as applicable, and each of the parties hereby submits itself to the exclusive jurisdiction and venue of such courts for purposes of any such action or proceeding.

Account Registration

In order to search for Units and book Units, you must register to create an account ("Travel Pro Rentals Account") and become a Client. Account requests can be at https://www.travelprorentals.com/info/request-an-account.cfm.

We will create your Travel Pro Rentals Account and your Travel Pro Rentals Account profile page for your use of the Site based upon the personal information you provide to us. You may not have more than one (1) active Travel Pro Rentals Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Travel Pro Rentals reserves the right to suspend or terminate your Travel Pro Rentals Account and your access to the Site and Services if you create more than one (1) Travel Pro Rentals Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Travel Pro Rentals Account, whether or not you have authorized such activities or actions. You will immediately notify Travel Pro Rentals of any unauthorized use of your Travel Pro Rentals Account.

Travel Pro Rentals Authorization to Provide Travel Intermediary Services

The authorizes Travel Pro Rentals to provide travel intermediary services in all territories in which Travel Pro Rentals may from time to time operate and Travel Pro Rentals accepts such authorization.

The intermediary services that may be provided by Travel Pro Rentals to the Client under this agreement shall include the request for availability, booking and confirmation of the accommodation services or such other services as the parties may from time to time agree. Travel Pro Rentals will make its utmost to get the confirmation from the service supplier selected by the Client in accordance with the submitted booking request. When the availability is confirmed by the service supplier and the Client proceeded with the payment in accordance with these Terms and Conditions, Travel Pro Rentals will be able to confirm the booking to the Client.

Travel Pro Rentals acts as the Client’s travel intermediary only in respect of all bookings Travel Pro Rentals makes on the Client’s behalf. Travel Pro Rentals accepts no liability in relation to any contract the Client enters into or for any other services that the Client books or for the acts or omissions of any service supplier or other person(s) or party (ies) connected with the Client’s booking. The service supplier’s booking conditions will apply to the Client’s contract and prices and cancellation conditions shall be displayed when making each reservation, dependant on prevailing conditions, availability and other factors. The website will guide the Client through the booking procedure.

Age and Responsibility

The Client warrants that i) has made legitimate enquiries or bookings for the Client or any other person for whom the Client is legally authorized to act; ii) that its user of the codes is at least 18 years of age or over and have legal capacity to use the Travel Pro Rentals site and to create a legally binding contract for the Client and, iii) that all personal information submitted during the bookings process is correct and Client accepts financial responsibility for all transactions made under Client name or account.

Taxes

IRS regulation, regarding federal tax reporting requirements, stipulates that Travel Pro Rentals must collect IRS Form W-9 from all Clients in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Travel Pro Rentals cannot and does not offer Tax-related advice to any Clients of the Site and Services. Additionally, please note that each Client is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Units.

Foreign Currency

The currency in which you will be charged will be determined by Travel Pro Rentals based on the payment method you select and the location of the Unit you are booking. If the currency in which you will be charged is different from the currency chosen by the supplier to receive payment, Travel Pro Rentals will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Travel Pro Rentals has uploaded to the Site as of the date and time that your booking is confirmed (the "Applicable Exchange Rate"). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although Travel Pro Rentals updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, Travel Pro Rentals will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Travel Pro Rentals makes payment to a supplier.



revised: March 18, 2016