Service- The Site is a Venue and we are not a party to any rental agreement or other transaction between Users of the Site. We are not a party to any rental or other agreement between users, even if the Site allows you to book a rental or provides other ancillary products or services.
Terms and Conditions Effective January 2020
MEMBERSHIP EXPECTATIONS, RIGHTS AND OBLIGATIONS
Dues and Fees. Subscription/Member Dues are invoiced and due annually on the anniversary of the month joined. Payment for Member/subscriber ( owner or property manager ) listings must be made in U.S. Dollars. Annual Dues are $49.95 per listing. Premier Vacation Properties is offering a no annual dues promotion to members until March 17, 2020. For members who take advantage of the Promotional period, and wish to continue their membership, annual dues will be charged to the account on file and begin March 17, 2020. Renewals for the following year, will be on the date member joined, and at the current non promotional subscription/dues rate. All members shall apply, join and accept membership into the third party payment service, Digipro Pay, at the time of membership. All members will be charged a 5.5% fee ( service fee); (booking fee) of the total amount of all bookings; You are responsible for paying any fees owed to Premier Vacation Properties. Digipro Pay Service will collect and distribute all funds for said member. The applicable fees will be deducted prior to remitting payment to members/subscribers. The 5.5% fee will cover any credit card fees charged by Visa, Master Card, Discover, or American Express. Premier Vacation Properties may amend the annual dues and fees without approval. Members will be notified prior to renewal of any changes in annual dues and at least 60 days in advance of any changes to booking fees. We further reserve the right to offer additional products, services, or features for purchase at any time.
Generally. Member agrees to pay the annual fees/dues established for its Membership Class, as may be amended from time to time in accordance with the Terms & Conditions. Premier Vacation Properties will automatically renew membership at the end of each Membership Term as authorized upon enrollment and bill the current dues to the designated billing source unless Member submits written notice of non-renewal, 15 days prior to renewal date. All members shall apply for and accept the third party payment service, Digipro Pay. All members will be charged 5.5% of the total amount of all bookings through the Digipro Pay Service. We reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product or service.
Compliance with Policies. Member agrees to abide by, and shall have all applicable rights and obligations as set forth in, the Bylaws, Premier Vacation Properties Intellectual Property Rights Policy (the “IPR Policy”), and any and all additional policies and procedures adopted by Premier Vacation Properties, as any of these may be amended from time to time in accordance, all of which are hereby incorporated by reference. Members who accept credit card, banking or other payment information from others, agree to properly handle and safeguard such information in accordance with applicable legal and regulatory requirements.
Suspension and Termination. Premier Vacation Properties shall have the right to suspend participation, or cancel the membership, of Member if it (i) fails to pay its annual fees on time, or (ii) violates any of the Premier Vacation Properties Policies & Procedures (P&Ps) and fails to correct that breach within ten (10) days of notice from Premier Vacation Properties or the Premier Vacation Properties staff, or (iii) substantially, flagrantly or repeatedly violates any of the Premier Vacation Properties P&Ps. No refunds of Membership fees or other payments will be given.
Non-renewal. Members have the right to terminate membership in Premier Vacation Properties at any time. A Member may cancel membership in Premier Vacation Properties, in writing to the attention of the Executive Director. If Member cancels their membership before the end of a Membership Term for which Member has paid, the Member will not receive a refund of such membership nor any portion thereof. Due to the nature of the services provided by Premier Vacation Properties (many of which are accessible immediately upon acceptance) it is understood that refunds cannot be issued. Member will remain liable for any other fees or charges to be paid pursuant to this Agreement or Premier Vacation Properties. If Member has questions regarding billing for the Member Service, Member should promptly send notice of such, including all membership contact details, billing dates, transaction details and the credit card and/or debit card number that it was billed to the attention of the Executive Director.
Dues & Fees. Subscription/membership/listing Dues are invoiced and due annually on the anniversary of the month joined, and will be automatically charged on a recurring basis until member cancels. The 5.5% fee is charged on every booking a member receives.
Digipro Pay. Digipro Pay is a third party payment service. All members agree to apply, accept and join the digipro pay service.
Authority to Execute Agreement. Member hereby represents, warrants and covenants to Premier Vacation Properties that (a) it has the authority to enter into this Agreement and to perform its obligations hereunder; (b) the execution and performance of this Agreement does not and will not violate any agreement to which Member is a party or by which it is otherwise bound; and (c) when executed and delivered, this Agreement will constitute a legal, valid and binding obligation of Member, enforceable in accordance with its terms.
Member Eligibility/Accuracy of Information/Listing Practice Requirements. Our services may only be used by members who can form legally binding contracts under applicable law. In order to list a property on the Site, members must comply with Premier Vacation Properties requirements, which include:
Members must maintain an accurate reservation calendar on their listing(s);
Members must use commercially reasonable efforts to respond to all booking requests/inquiries from travelers within 24 hours of receipt of a request or inquiry;
Each member represents and covenants that it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member.
Listings. By submitting a listing, you hereby grant, represent and warrant that you have the right to grant, to Premier Vacation Properties 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 and otherwise use your Listing Content. Premier Vacation Properties may, at no additional cost to Manager, license third- party web sites to advertise the Listings in order to maximize exposure for your Listings. You agree that we may reproduce in whole or in part any photographic material supplied by you in the promotion of your property of the promotion of the Site. Premier Vacation Properties shall solely determine placement of any Brand/company name(s) mentions on the site. You agree not to place email addresses within your listings. Email addresses will be removed from Listings without Notice. Your company, may be displayed within the listing content. The placement location of your website, facebook page, you tube, or twitter account, if allowed to be displayed on the site, shall be determined solely by Premier Vacation Properties. We cannot guarantee that your listing will appear in any specific order in search results on the Site.
ID Verification. You are responsible and agree to keep any password and user ID for account(s) with us and your email account, secure and confidential. You shall not provide your password(s) and user ID to any unauthorized users of your account(s). You agree to notify us immediately if you believe your password for your account with Premier Vacation Properties or your email account may have been compromised. If you believe your secure information has been compromised, you agree to change your password, and or user ID. We reserve the right without notice to you, to suspend or cancel your listing at any time without any notice from you if we have reason to suspect, in our sole discretion, that your account with us or your email account is being used in a fraudulent or unauthorized nature.
Content. You and you alone are responsible for accuracy and completeness of your Listings, User Content, and Reviews, that may make you, or any third party personally identifiable. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others. You agree that your Content is your creation and not provided or endorsed in any way by Premier Vacation Properties. You agree not to use the Site or Services with any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, offensive (e.g. material that promotes racism, bigotry, hatred, or physical harm of any kind against any group of individual) or otherwise objectionable material of any kind or nature or which is harmful of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any Laws, or obligations or restrictions imposed by any third party.
No Other Licenses. By executing this Agreement, Member neither grants nor receives, by implication, estoppel, or otherwise, any rights under any copyright, patents or other intellectual property rights of Premier Vacation Properties or another member.
No Warranty. Premier Vacation Properties and member each acknowledges that, except as otherwise agreed in writing, all services and information provided by or to Premier Vacation Properties under this agreement is provided “as is” with no warranties or conditions whatsoever, whether express, implied, statutory or otherwise, and Premier Vacation Properties and member each expressly disclaim any warranty of merchantability, no infringement, and fitness for any particular purpose with respect to such services and information.
Limitation of Liability. In no event will either Premier Vacation Properties or Member be liable to each other or to any other member or third party under this agreement for the cost of procuring substitute goods or services, lost profits, lost revenue, lost sales, loss of use, loss of data or any incidental, consequential, direct, indirect, punitive, or special damages, whether or not such party had advance notice of the possibility of such losses or damages, except for Member’s dues commitment, or in cases of willful conduct or gross negligence, or where required by applicable law, the aggregate liability of Premier Vacation Properties to Member and to other parties, and of Member to Premier Vacation Properties, to other Premier Vacation Properties Members, or to other parties, shall not exceed the past 12 months’ membership dues/subscription paid by the Member to Premier Vacation Properties.
Disclaimers. In no event shall we be liable to you or any third party for any losses or damages whatsoever arising from or relating to the rentals, listings, or reviews, or your interaction with any managers, guests, or other users. Premier Vacation Properties’ sole role is to facilitate the availability of the Site and Services.
Governing Law. This Agreement shall be construed and controlled by the laws of the State of Alabama without reference to conflict of laws principles. If any claim or dispute between the parties is not resolved by good faith negotiations, any suits or proceedings pursued by either party shall be brought in the Federal or state courts located in Alabama, to whose jurisdiction each party hereby submits.
Complete Agreement; No Waiver. This Agreement, including all attachments, sets forth the entire understanding of Premier Vacation Properties and Member and supersedes all prior agreements and understandings relating hereto, unless otherwise stated in this Agreement. The waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.
Amendment. Member shall be given at least thirty (30) days prior written notice of the effective date of an amendment to this Agreement, including as a result of any changes to the Premier Vacation Properties Bylaws, terms and conditions, or Premier Vacation Properties P&Ps, which is adopted in accordance with the Bylaws and that directly and materially affects any of the rights or obligations applicable to Member/subscriber hereunder (each of the foregoing, an “Amendment”). If Member does not agree to any such Amendment to this Agreement that was approved in accordance with the Bylaws, then Member shall provide written notice to Premier Vacation Properties of such disagreement prior to the end of the 30-day notice period. If the parties are not able to reach a mutually acceptable accommodation (for example, the parties agree to a phase-in of the Amendment, Premier Vacation Properties determines to withdraw, suspend or modify the Amendment, or Premier Vacation Properties grants Member a waiver or variance), this Agreement and Member’s membership in Premier Vacation Properties shall terminate automatically upon expiration of the 30-day notice period, unless Member elects to withdraw by written notice on an earlier date. Amendments shall be prospective only unless otherwise agreed to by the Member and Premier Vacation Properties. No termination or withdrawal pursuant to this paragraph will entitle Member to a refund of Membership dues or other fees, all of which are non refundable.
No Rule of Strict Construction. Regardless of which party may have drafted this Agreement, no rule of strict construction shall be applied against either party. If any provision of this Agreement is determined by a court to be unenforceable, the parties shall deem the provision to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be modified, the provision will be severed and deleted from this Agreement, and the remainder of this Agreement will continue in effect.
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but collectively shall constitute one and the same instrument.
Compliance with Laws. Anything contained in this Agreement to the contrary notwithstanding, the obligations of Premier Vacation Properties and Member shall be subject to all laws, present and future, of any government having jurisdiction over Premier Vacation Properties and Member including, without limitation, all export and re-export laws and regulations. It is the intention of Premier Vacation Properties and Member that this Agreement and all referenced documents shall comply with all applicable laws and regulations.
Taxes. Member agrees and understands that the Site calculates taxes based on the tax percentage member places on their listing(s). All members/subscribers are soley and fully responsible for collecting, filing, and paying, any and all appropriate authorities any taxes required by Law or Ordinance.
Headings. Premier Vacation Properties and Member acknowledge that the headings to the sections hereof are for reference purposes only and shall not be used in the interpretation of this Agreement.
Assignment. Member may not assign its rights or obligations under this Agreement without the prior written consent of Premier Vacation Properties or as otherwise set forth in the Bylaws. For purposes of this Agreement, an assignment shall be deemed to include a transfer or sale of all or substantially all the business of Member, or a merger, consolidation or other transaction that results in a change in control of Member.
Force Majeure. Neither Premier Vacation Properties nor Member shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder due to strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
Logos and Names. You grant Premier Vacation Properties the right to use your organization’s name and logo on the Premier Vacation Properties website and on related marketing materials, solely to indicate your membership in Premier Vacation Properties. As long as you remain a member in good standing, you may use Premier Vacation Properties’ name and logo, in the format and with the notices provided or requested by Premier Vacation Properties, solely to indicate your membership in Premier Vacation Properties.
TERMS AND CONDITIONS OF THIRD PARTY PAYMENT SERVICE, DIGIPRO PAY
We accept the following forms of payment:
- - Visa
- - Mastercard
- - Discover
- - American Express
Booking Fees Transactions. You agree to pay a 5.5% fee (service fee);(booking fee) to the site’s third party payment service, Digipro Pay, for each booking received from the site. The 5.5% fee includes all credit card fees that may occur from accepted merchants, Visa, Mastercard, Discover, or American Express. You agree to provide current, complete, and accurate purchase and account information. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for all purchases/bookings made via the Site. We reserve the right, in our sole discretion and from time to time, to offer programs, products, or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product, or service. We may change prices at any time with a 30 day notice. All payments shall be in U.S. dollars.
Booking Fees/Recurring Fees/Authorization. You agree to pay all charges or fees at the prices then in effect for your rental bookings, and you authorize us to charge your chosen payment provider for any such transaction amounts upon accepting said rental bookings. You represent that you have the right to authorize and hereby authorize us to credit and or debit your designated bank account for deposits of payment amounts due you; and debit amounts owed to us or our third party affiliates in accordance with this agreement, or other agreements with our affiliates, as applicable, including Fees, Chargebacks or Reversals. You authorize us, through the third party service providers, to collect any and or other related transaction amounts via Credit Card, Debit Card, or any other payment forms that we may accept from time to time owed to you by a Guest in exchange for that Guest’s stay in a Property, including security deposits, fees, insurance, and or all other amounts, agreed upon between you and the Guest as reflected on the Site. In the event we are unable to recover Fees for any reason, You agree to pay all reasonable costs of collection, including reasonable attorneys' fees, incurred by us. You are soley responsible for any penalties or fines imposed on you or us by any Card Networks, or NACHA resulting from your use of the Services in a manner not permitted by this Agreement. You agree to comply with the Services, and the services of all applicable card networks, Visa, MasterCard International Incorporated, Discover Financial Services, Inc., and American Express Travel Related Services Company Inc. Members who accept credit card, banking or other payment information from others, agree to properly handle and safeguard such information in accordance with applicable legal and regulatory requirements. If your purchase and or membership is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. If you cancel your membership/subscription prior to the 1 year annual renewal date, you agree that any and all bookings received from the Site for dates past your cancellation, are subject to, and you will be charged the 5% fee owed us. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
Chargebacks. If at any time we receive a decline, chargeback or other rejection of a charge of any payable Fees on your Account ("Chargeback"), this will be considered a breach of your payment obligations under this Agreement. Your use of the Site and pay Services may be, in our sole discretion, disabled or terminated.
We reserve the right to dispute any chargebacks received and the right to provide a credit card company or financial institution information or documentation that Member, owner, property manager, subscriber, or user, authorized said transaction.
Payments. You acknowledge and agree that your Property bookings are solely between you and the Guest and not with us or any of our third party affiliates or services. Our obligation to pay you is conditional upon successfully receiving the 5% fee associated with your membership requirement. You understand that we are not a bank or other chartered depository or financial institution; Funds processed by us or our service providers are not deposit obligations and are not insured for your benefit by any governmental agency. You further acknowledge that you will not earn interest on any funds collected by us.
Cancellation Policy Options: Members (owners/property managers) shall choose cancellation policies, from the policies offered on the Site. Cancellation policies offered are as follows:
Bookings cancelled at least 60 days before the start of stay will receive a full refund
Bookings cancelled at least 30 days before the start of stay will receive a 50% refund
Bookings cancelled at least 30 days before the start of stay will receive a full refund
Bookings cancelled at least 14 days before the start of stay will receive a 50% refund
Bookings cancelled at least 14 days before the start of the stay will receive a full refund
Bookings cancelled at least 7 days before the start of the stay will receive a 50% refund
If you have a pay-per-booking listing and you keep a portion payment after cancellation, you are charged the booking fee on that portion of the retained payment.
ADDITIONAL TERMS, CONDITIONS, AND USE:
Service: The Site is a Venue and we are not a party to any rental agreement or other transaction between Users of the Site. We are not a party to any rental or other agreement between users, even if the Site allows you to book a rental or provides other products or services.
Guest Bookings. Once you have received a booking confirmation, you have entered into a legally binding agreement between you and the property(s), property owner or manager. You may be subject to additional terms and conditions of the property owner or property manager, including the property’s cancellation policy and or any rules, regulations, and restrictions of that particular property, (listing). Our thirds party payment service will collect the total fees due at the time the booking request has been accepted and confirmed .
Damage to Property by Guest. You as the Guest, (renter) are responsible for leaving the property and it’s contents, in the condition it was in, when you arrived, with the exception of cleaning. You are additionally responsible for your own acts and the acts of any individuals whom you invite to, or otherwise provide access to, the property. Premier Vacation Properties is not responsible to any member, subscriber, owner, or property manager for any damage or loss by any guest/renter. Premier Vacation Properties’ sole role is to facilitate the availability of the Site and Services.
Other Restrictions: You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any form of duplicative or unsolicited messages, whether commercial or otherwise; (c) collect, or assemble information or data regarding other users, including email addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies, or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s enjoyment of the Site or Services; (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services; (h) impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or (i) display, mirror, or frame the Site.
Unauthorized uses of the Site- Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following:
Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a rental of a property other than a property listed under a valid membership subscription
Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever;
Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
Deep-link to any portion of the Site without our express written permission,
Modify, translate into any language or computer language or create derivative works from, any content or any part of the Site;
Reverse engineer any part of the Site;
Sell, offer for sale, transfer or license any portion of the Site in any form to any third parties;
Use the Site and its inquiry or booking functionality other than to advertise and/ or research vacation rentals, to make legitimate inquiries to our members or any other use expressly authorized on the Site;
Use the Site to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, or profane material;
Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
Use or access the Site in any way, in our sole discretion, that adversely affects, or could adversely affect, the performance or function of the Site or any other system used by us or the Site