Holiday Accommodation Terms of Use

AlwaysOnVacation, Inc. Terms Of Use

1.  Introduction
Welcome to the AlwaysOnVacation Network, an online travel service owned and operated by AlwaysOnVacation, Inc., a body corporate incorporated in the State of Delaware and with wholly-owned subsidiaries incorporated in the countries of India and Great Britain and doing business in the State of California.  For the purpose of this document, your use or our Website, and of our Service, you agree that the entity with which you enter into legal relations is AlwaysOnVacation, Inc., the parent company of any subsidiaries which is incorporated in the State of Delaware.

This document constitutes a legally-binding agreement (Agreement) governing the terms of providing you with our service.  Throughout this document, the words AlwaysOnVacation,AlwaysOnVacation Network,us,we and our, refer to our company, AlwaysOnVacation, Inc., our network of AlwaysOnVacation and other Company owned and operated websites, or our service, as is appropriate in the context of the use of the words.  Likewise, the words you, user,and your refer to you, the person who is being presented with this document for your agreement, though sUser may also refer to certain others as defined below.

2.  Disclaimer
AlwaysOnVacation acts only as an intermediary between Providers and Travelers, and is not itself privy to any contracts formed between such Users.  As such, AlwaysOnVacation makes no representations by or on behalf of any User—whether they are a Provider, Traveler, or otherwise—and hereby expressly disclaims any liability for any damage, injury, or other loss caused by or as a result of the entering into a contract with another User, even if AlwaysOnVacation is aware of such risk of loss and does not inform the affected User and/or would otherwise normally be liable for such loss.

To the extent that this section conflicts with our “Traveler Protection” service, our “Traveler Protection” provisions shall take precedence.

3.  Accuracy of Listings and Liquidated Damages
Without limiting the generality of the foregoing, AlwaysOnVacation wishes to make it clear that, although Providers are required to not deceive or defraud any AlwaysOnVacation User, such occurrences are beyond our control.

If you are a Provider, you agree that, as it is difficult for AlwaysOnVacation to determine the actual damage which may occur to AlwaysOnVacation’s reputation as a result of inaccurate, fraudulent, or otherwise deceptive listings, you shall be liable to pay to AlwaysOnVacation the amount paid to you by a Traveler in such instances.  This should be considered as liquidated damages rather than as a penalty, and we base this calculation method on the fact that a) There is harm to our reputation in such cases which should be compensated; b) This amount is not unreasonable or disproportionate as it does not require any payment on your part other than the amount you received for an inaccurate listing; c) It acts, in addition to providing us with compensatory damages for the harm to AlwaysOnVacation’s reputation, as punitive damages in that depriving you of any potential gains for wrongful behavior discourages you from engaging in it; d) Such an amount can be used for a number of purposes to restore our reputation including, but not limited to, compensating the affected Traveler, purchasing pro-AlwaysOnVacation advertising, or other activities.

You agree that any liquidated damages to which AlwaysOnVacation is entitled shall be in addition to, rather than a replacement to, any damages to which we would be entitled under any other provision of this Agreement or under applicable law.

4.  Description of Service
AlwaysOnVacation offers Travelers and Providers the ability to offer and rent suitable vacation properties through our online service.

5.  Definitions
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them.  The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

Agreement means these Terms of Service;

AlwaysOnVacation refers to our business (AlwaysOnVacation, Inc.), our Website, or our Service, depending on the context of the usage;

Property refers to the property or properties that you make available for rent (if you are a Provider), or that you may wish to rent (if you are a Traveler);

Provider refers to a person using our Service to advertise, display, promote, offer, or otherwise make one or more of their properties available for renting and for greater certainty, without limiting the generality of the foregoing, includes anyone doing such activities whether or not they are the actual owner of a property (such as, for example, a tenant);

Service refers to the services that we provide through our Website and, where suitable, the Website itself as well;

Traveler refers to a person using our Service to find a property or properties to rent;

User refers to you, Providers, Travelers, and general visitors to our Website;

Website refers to our global network of AlwaysOnVacation and other company-owned websites,  as well as any other websites owned or operated by AlwaysOnVacation, whether or not they appear in the English language;

You refers to you, the person who is entering into this Agreement with AlwaysOnVacation, Inc.

It is possible for a person to be both a Provider and a Traveler, in which case the rules for both apply to that person or, where the rules conflict, AlwaysOnVacation determines which rule or rules apply in accordance with our Severability provisions.

6.  Information Supplied
When you sign up for our Service, you may be asked for certain information, including your name, e-mail address, mailing address, date of birth, credit card information, telephone number, address of Property, and other information that we may find relevant.

We may choose to use a third party payment processor to process your payments, or we may process them ourselves.  If we use a third party payment processor, you may be required to submit your information to them directly, or we may pass your data to them.

Because the essence of our Service consists of enabling Users to enter into contracts with each other, we require that you be at least the minimum age of eighteen.

If the jurisdiction in which you reside, in which the other User with whom you intend to enter into a contract resides, or in which the relevant Property is located, has a higher minimum age of contractual capacity, then the highest minimum age of contractual capacity of the aforementioned jurisdictions shall apply.

The Children’s Online Privacy Protection Act prohibits us from collecting information from any person under the age of thirteen. If the promotion of your Property would violate the provisions of the Act (such as by uploading Property photographs which disclose the address of a person under thirteen or otherwise infringe on the Act), you must not use our Service.

7.  Travel Locations
AlwaysOnVacation does not make any representations as to the suitability of a geographical location for a vacation, and we strongly recommend that Travelers be diligent about the location to which they intend to travel in regards to issues such as disease, bad weather, crime, religious or political turmoil, war, or other issues.

The United States Department of State makes travel warnings about certain countries available at http://travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html.

If you are a Canadian, you may view similar warnings from Foreign Affairs and International Trade Canada at http://www.voyage.gc.ca/countries_pays/menu-eng.asp.

If you are a resident of another country, you may wish to use the above advisories or determine if your country or another country has another set of advisories more appropriate for you.  Please note that the above links have been provided solely as a courtesy and AlwaysOnVacation makes no representations as to the veracity, accuracy, or completeness of any travel advisories, government or otherwise.

8.  Maintenance of Website
We reserve the right to alter, update, or cancel our Service at any time.  We may conduct such maintenance for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications.  For example, we may engage in maintenance to fix security flaws, or respond to legal demands.  (Please note that although we may do these things, we are not obligated to, and this paragraph should not be construed as a promise to engage in any specific security or maintenance activities.)

We may decide to extend certain paid listings to compensate for such downtime on our website.  However, you agree that we are under no obligation to do so and that such compensation for downtime shall be an exception rather than standard practice.

9.  Formation of Contracts
You agree that AlwaysOnVacation takes no position on the legality or enforceability of any statements between Users that may be construed as contracts.  To the extent that Users believe they are entering into a contract with another User, such contract is solely up to the Users involved to be enforced.

Because AlwaysOnVacation may be subpoenaed or summoned as a witness in the case that one User sues another User for breach of a contract, negligence, or some other tort, you hereby agree that to the extent that the law of the jurisdictions normally having authority over such disputes does not prohibit it, any lawsuits or other disputes against another User shall be heard solely in a court within the State of California, to ease the burden on AlwaysOnVacation and make the legal process more predictable for all Users involved, who may otherwise be unaware of what their legal rights are.  This rule shall not apply in cases where AlwaysOnVacation is not a party to a dispute, and is not subpoenaed, summoned, or otherwise requested for assistance in a dispute.

You further agree that you will not enter into a contract with another User located in another jurisdiction if you would not be considered, by virtue of your age, mental capacity, or otherwise, to have the capacity to contract in that other User’s jurisdiction.

You further agree to not include any Choice of Law, Forum of Dispute, or other provisions in a contract between you and another User which would conflict with the requirements of this section, and that, should you include such a provision in such a contract, it shall not be valid and shall be subordinate to this section of this Agreement unless one of the parties to the relevant contract has received AlwaysOnVacation’s prior written consent to incorporate such a provision into the relevant contract.

10.  Rules of Conduct
10.1  Rules of Conduct – Providers
We permit Providers to upload certain content and engage in other publishing and communication activities through AlwaysOnVacation in furtherance of our Service, such as by posting Property listings.  When using our Website or Service, you agree that you will not:

  1. Violate any provision of law applicable in the State of California or anywhere else in the United States.
  2. Violate any applicable legislation, treaty, or other rule in force of the United States or any other political entity having jurisdiction over this Agreement, its Users, AlwaysOnVacation, or the Service or Website that we provide.
  3. Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Website, Service, or Users.
  4. Run any bots or other software to aggregate or browse our content, including but not limited to our Users’ Property listings.
  5. Infringe on anyone’s intellectual property rights.
  6. Defame anyone.
  7. Substitute one Property for another in a listing which has already been authorized for the first Property, unless such a substitution is authorized by AlwaysOnVacation.
  8. Post anything violent, pornographic, hateful, racist, or otherwise objectionable.  What is objectionable shall be the right of AlwaysOnVacation to determine.
  9. Use our Service for fraud.
  10. Post any spam or other unauthorized commercial advertisements to our Website.  If AlwaysOnVacation prohibits the publication of e-mail addresses or URLs in a listing, postings should not attempt to subvert AlwaysOnVacation by including such e-mail addresses and links to third party websites through methods that include, for example, breaking up the text of the e-mail address or link.
  11. Make untrue or inflated claims about the state or features of a Property.
  12. Promote a Property over which you have no legal authority to rent out.
  13. Make more than one account without the permission of AlwaysOnVacation or, if we have terminated or cancelled your account, make a new account without our permission.
  14. Otherwise act in a manner which, at AlwaysOnVacation’s sole discretion, is objectionable.


10.2  Rules of Conduct – Travelers

We permit Travelers to upload certain content and engage in other publishing and communication activities through AlwaysOnVacation in furtherance of our Service, such as by messaging Providers and posting reviews about Providers.  When using our Website or Service, you agree that you will not:

  1. Violate any provision of law applicable in the State of California or anywhere else in the United States.
  2. Violate any applicable legislation, treaty, or other rule in force of the United States or any other political entity having jurisdiction over this Agreement, its Users, AlwaysOnVacation, or the Service or Website that we provide.
  3. Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Website, Service, or Users.
  4. Run any bots or other software to aggregate or browse our content, including but not limited to our Users’ Property listings.
  5. Infringe on anyone’s intellectual property rights.
  6. Defame anyone.
  7. Post anything violent, pornographic, hateful, racist, or otherwise objectionable.  What is objectionable shall be the right of AlwaysOnVacation to determine.
  8. Use our Service for fraud.
  9. Post any spam or other unauthorized commercial advertisements to our Website.  If AlwaysOnVacation prohibits the publication of e-mail addresses or URLs in a listing, postings should not attempt to subvert AlwaysOnVacation by including such e-mail addresses and links to third party websites through methods that include, for example, breaking up the text of the e-mail address or link.
  10. Repeatedly send the same offer to someone who has already declined that offer.
  11. Make more than one account without the permission of AlwaysOnVacation or, if we have terminated or cancelled your account,make a new account without our permission.
  12. Otherwise act in a manner which, at AlwaysOnVacation’s sole discretion, is objectionable.


10.3 Rules of Conduct – Other Users

If a User is neither a Provider nor a Traveler as defined in sections 9.1 and 9.2 respectively, that User shall comply with the Rules of Conduct set out in those sections to the extent that such rules can be made applicable and/or analogous to said User.

11.  Fair Credit Reporting Act
Although we may collect certain credit-relevant information such as your date of birth, Social Security Number, and credit card information, such information is not used for credit reporting purposes as described under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq..  We also do not use your birth date or other information to conduct background checks or verify your identity, and make no representations to Providers about the truthfulness of your rental application or suitability of you as a renter, leaving it up to them to make such decisions.

As we do not create or pass reports to third parties, we are not subject to any requirements under the FCRA.  Providers who conduct background checks on Users may, however, be subject to the FCRA.  Providers hereby agree to comply fully with the FCRA and any other applicable consumer protection law (or other law applicable to this Agreement and the use of our Website and Service).  Any concerns about compliance with the FCRA on the part of Providers should be addressed directly to them.

12.  Tax Reporting
We are not a landlord, accountant, custodian of property, or otherwise responsible for the maintenance of financial records or tax reporting for properties offered through our Service.  You agree that we have no responsibility to maintain any records of transactions or payments, and that you will be solely responsible for your tax reporting obligations, including but not limited to the Internal Revenue Service, as well as state and municipal tax authorities.

PIn the case of suspected tax fraud in the State of California, contact the State of California’s Franchise Tax Board at 1-800-540-3453.  More information can be viewed at https://www.ftb.ca.gov/online/Fraud_Referral/index.shtml

For suspected federal tax evasion or fraud, you may follow the instructions for reporting such matters set out on the Internal Revenue Service’s website at http://www.irs.gov/individuals/article/0,,id=106778,00.html, by filling out and sending Form 3949-A, or using the alternative reporting procedure established at this link.

13.  Authorization to Remain in the United States
We do not endorse the use of our Service for the rental of properties located in the United States to those not authorized to be in the United States (such as non-American or Permanent Resident Travelers whose visa has expired).  If you are not a United States citizen or permanent resident, and you have no other visa (or automatic permission such as that for Canadians or nationals of Visa Waiver Program countries) authorizing you to be in the United States, are not an exempt diplomat or foreign head of state or otherwise permitted to be in the United States, and are not a Canadian citizen with at least 50% North American Indian ancestry (in accordance with the Jay Treaty of 1794), you must not use our Service to obtain accommodations in the United States.

If you are aware of any Users using our Service to accommodate themselves or others while present in the United States unlawfully, please contact the United States Customs and Border Protection at 1-800-BE-ALERT.

14.  Regulatory Compliance
Users agree that AlwaysOnVacation is not responsible for ensuring compliance with any applicable legislation, and that Users will themselves comply with all legislation applicable to this Agreement, their Property, their contracts with other Users, and any other matters related to this Agreement or our Service.  For example, Users agree to comply with legal requirements regarding business licensing, health and safety, zoning, building safety, anti-discrimination, and other applicable laws.

15.  Anti-Discrimination
Travelers may be protected against discrimination by Providers on certain prohibited grounds, depending on the state or other jurisdiction in which a Property is situated and/or a Provider or Traveler resides.

In the State of California, for example, a Provider may not, in most cases, discriminate against a Traveler on the grounds of the Traveler’s race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, medical condition, or age.

For more information about California law on this matter, contact an attorney or visit the official website of the California Department of Fair Employment and Housing at http://www.dfeh.ca.gov.

If an anti-discrimination matter falls under the jurisdiction of another state or other political entity, please contact an analogous agency in that jurisdiction, or a qualified attorney.

16.  Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Website, or our Website itself, without our prior written permission.  This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing the User profiles, listings, or other content posted to our Website, even if such materials would otherwise be available for legal copying.  Such copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data, but can also negatively impact our network capacity.  You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation.<

17.  Your Copyright
We may permit you to upload your own content or other information to our Website or through our Service.  However, we cannot permit you to upload content to us unless we know for sure that we can use that content without having to search for and delete it at a later date due to a legal request.  Therefore, whenever submitting content to us, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us, including, without limiting the generality of the foregoing, using such content in a form which has been edited by AlwaysOnVacation, and removing such content from AlwaysOnVacation for editorial or other reasons.  You warrant to us that you have the right to grant us this right over the content.

18.  Trademarks
AlwaysOnVacation and “AlwaysOnVacation” are trademarks used by us, AlwaysOnVacation, Inc., to uniquely identify our Website, Service, and business.  You agree not to use this phrase anywhere without our prior written consent.  Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent.  You agree that this paragraph goes beyond the governing provisions of intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.

19.  Payments – Provider Subscription Fees
Providers may subscribe to different levels of Property advertising services, based on their requirements.  The pricing and other terms of such services shall be made public on our Website at /Provider/package-promotion.html, and are hereby incorporated by reference.  In the event where one or more payment terms conflict with each other, the term most advantageous to AlwaysOnVacation shall take precedence.

We may use a third party payment processor to process any payments made to us.  You agree that we are not responsible for any failure of our payment processor to remit payment to us that you may make through them, or any failure on their part to notify us of payment, and that in such cases, it is your duty to resolve the matter directly with our payment processor before we will supply our Service.

Any use of fraudulent chargebacks simply to get free services is strictly prohibited, and will be dealt with by reporting such chargebacks to the infringing User’s local police department and a credit bureau, as well as referring the matter to the User’s local small claims court.

Disputes must be resolved solely according to the Forum of Dispute provisions in this Agreement.  You agree that you will be liable for reimbursing AlwaysOnVacation for any chargebacks conducted, whether or not you would otherwise be entitled to engage in such chargebacks, including reasonable attorneys’ fees, collections agency fees, costs, disbursements, and other expenses involved in enforcing this Agreement.

AlwaysOnVacation reserves the right to cancel or decline coupons or other discount offers at any time for any reason.

20.  Payments – Direct Booking
AlwaysOnVacation or its authorized payment processor may, but is not obligated to, process payments made by Travelers to Providers.  The following conditions shall apply:

  1. AlwaysOnVacation shall act as a reseller of Providers’ listed Property.
  2. AlwaysOnVacation shall provide a notice to a Provider upon receiving a booking.  The Provider shall have the amount of time indicated by AlwaysOnVacation upon receiving notice of such a booking to accept or decline the Traveler’s request.
  3. AlwaysOnVacation may provide Traveler-related information to Providers, upon which the Provider may make their decision, as allowed by law, as to whether to enter into an agreement with the Traveler.
  4. AlwaysOnVacation may decline to commence any booking process until one business day after our payment processor confirms Traveler’s payment or, in the case of a check, Traveler’s payment is confirmed as cleared by the bank to which we deposit the check.  You agree that we are not responsible for any failure of our payment processor to remit payment to us that you may make through them, or any failure on their part to notify us of payment, and that in such cases, it is your duty to resolve the matter directly with our payment processor before we will acknowledge any payment by you.
  5. Notwithstanding the fact that AlwaysOnVacation processes payments for bookings, these Terms of Service, including our Disclaimer and all of our limitations on liability, continue to apply as they would in any other context.
  6. Notwithstanding the fact that AlwaysOnVacation may function as a reseller, any torts, breaches of contract, or other actionable conduct or disputes shall be deemed to have been committed solely by parties other than AlwaysOnVacation, such as a Traveler or Provider who engages in such conduct, and it shall be for the parties other than AlwaysOnVacation to resolve any such disputes in accordance with this Agreement, any other applicable rental agreement, and any applicable law.  Under no circumstances shall AlwaysOnVacation be named as a party in any dispute or any other legal process which arises as a result of any acts, omissions, or other conduct of a Traveler or Provider or those for which a Traveler or Provider may be vicariously liable.
  7. In the event of a chargeback conducted or dishonored check given by a Traveler, both the Traveler and Provider agree that they shall be jointly and severally liable to AlwaysOnVacation for the chargeback, as well as any reasonable attorneys’ fees, collections agency fees, costs, and disbursements.  The parties involved, even if innocent, agree to this joint and several liability as may be difficult or impossible for AlwaysOnVacation to determine whether the Traveler conducting the chargeback did so on its own or in concert with the Provider in a scheme to defraud or otherwise harm AlwaysOnVacation.  Any dispute between a Traveler and Provider must be resolved through means other than ones which would result in the loss of money on the part of AlwaysOnVacation.
  8. Draft rental agreements may, not are not obligated to, be supplied by AlwaysOnVacation for the use by the respective Users, or the Users may use their own rental agreement.  Notwithstanding that AlwaysOnVacation may supply such draft agreements, the other provisions of this Agreement government privity of contract continue to apply.
  9. The Provider shall charge the Traveler an amount which encompasses all of the Provider’s required fees, including fees for the actual rental, taxes, and other fees. Within 24 hours of such fees have been inputted by the Provider, AlwaysOnVacation shall charge a commission based on that fee, according to a rate published on our Website or otherwise made available to Users, and the combined amount of the fees paid to the Provider and the commission for AlwaysOnVacation shall be paid by the Traveler.
  10. Providers shall have the relevant payment for a Traveler’s booking remitted to them by AlwaysOnVacation after a waiting period has expired, according to the methods and time periods published on our Website.  Waiting periods may vary at AlwaysOnVacation’s discretion based on risk of fraud against AlwaysOnVacation or other factors we deem relevant.


21.  Rebilling

Subscriptions for Property advertisements shall be renewed automatically if a Provider indicates they wish for the advertisement to be renewed automatically at either the time that they initiate the advertisement subscription, or at a time subsequent to that request.  Providers may cancel their subscription renewal without such a cancellation affecting the current advertising period (i.e. the full period of advertising already purchased will continue before the listing expires).

In order to cancel a subscription, Providers may either log in to their AlwaysOnVacation profile and disable the automatic renewal feature, or e-mail sales@alwaysonvacation.com containing their full name, e-mail address used for registering their account with AlwaysOnVacation, and Property ID.  If the Provider elects to use the latter e-mail option to cancel their subscription, they must send the request at least three business days prior to the renewal.  You agree that AlwaysOnVacation will not be held responsible if a renewal is conducted when less than three days’ notice is given by you when you elect to disable the renewal via e-mail.

When renewing Property advertisements, AlwaysOnVacation will send an e-mail notice to the e-mail address on file for the Provider indicating the upcoming charge.  The Provider’s credit card on file with AlwaysOnVacation will be charged the appropriate fee.  If a Provider paid using a credit card or other method that can be charged without further assistance from the Provider, that credit card will be charged the relevant amount.  If another method of payment was used or the credit card has expired, AlwaysOnVacation will notify the Provider and request an update of their payment information, failure to comply with which will result in the non-renewal of the Property advertisement.

AlwaysOnVacation will send a confirmation e-mail whenever a payment or subsequent renewal is made successfully by a Provider.

If the price of a subscription level has increased since the Provider first purchased it or last renewed it, AlwaysOnVacation shall notify the Provider of the increase prior to the expiration of the current advertising period, and shall be entitled to automatically charge the Provider for the higher rate at the time of renewal unless the Provider cancels their subscription.

22.  Refunds
You may cancel your advertising subscription or Traveler Protection at any time. All payments made prior to the cancellation are non-refundable and there will be no refunds made for such payments, even on a pro rata basis. Instead, your right to use the services for which you have already paid will continue until the subscription period expires.

AlwaysOnVacation reserves the right to terminate your advertising subscription at any time for any reason, refunding a prorated amount of subscription back to you. The proration will be based on the portion of the subscription that remains unexpired as of the date of termination. You may terminate your advertising subscription at any time, but will only receive a refund if you terminate your advertising subscription within seven calendar days of its start date. You shall not receive any refund if you terminate your advertising subscription more than seven calendar days after the start date.

You may cancel your booking in accordance with the refund policy that you agreed to with the Provider at the time you submitted your booking request.

Where AlwaysOnVacation cannot deliver or decides not to deliver its Service to you, our liability will be limited to providing you with a refund of the service that we failed to provide you with as a result of our own fault, on a pro rata basis. Where our inability to provide you with our Service, or your inability to use our Service, is as a result of a fault on your part, we shall not be liable for any refunds.

Without limiting the generality of the foregoing, in the event that our Service is not provided to you because your software, hardware, network, or other component of your computer system is incompatible with our Service, or because you voluntarily or involuntarily lose the rights to or ability to rent the relevant Property, you agree that it shall not be considered a fault on the part of AlwaysOnVacation, and that you shall not be entitled to any refund.

23.  Translation
Always On Vacation may—but is not obligated to—provide through itself or a third party translations of User listings, profiles, or other content or information, in a variety of situations, such as translating content back and forth between various country-specific AlwaysOnVacation-owned websites.

Without limiting any other provisions of this Agreement which release AlwaysOnVacation from liability, you agree that AlwaysOnVacation is not responsible for any inaccuracies, discrepancies, or other errors in any translated content provided by AlwaysOnVacation.

Where a published term has a discrepancy between the English and translated version or versions, the English term shall take precedence.

24.  Representations through Third Parties
Providers, Travelers, or other Users may not make representations to another User through a third party website, such as a social media tool, blog,or any other method not involving AlwaysOnVacation.

Without limiting any other provisions of this Agreement which release AlwaysOnVacation from liability, you agree that AlwaysOnVacation is not responsible for any misrepresentations, whether fraudulent, negligent, or otherwise, which may be made through such third party websites.

25.  Traveler Protection
AlwaysOnVacation may—but is not obligated to—make its “Traveler Protection” service available.  Our Traveler Protection service offers a guarantee against fraud by Providers in relation to the Property that a Traveler agrees to rent.  The costs for our Traveler Protection vary based on the amount of coverage required, and there may be additional terms to which you must agree at the time of purchasing the coverage.

If the Traveler chooses not to book directly through AlwaysOnVacation Booking System, but send a payment directly to the Provider, Traveler must register for Traveler Protection in order to get the coverage prior to sending their payment directly to the Provider. Only upon receiving written confirmation from AlwaysOnVacation, the Traveler can transfer the payment to the Provider.

If you are a Provider, you agree that AlwaysOnVacation shall be the sole arbiter of whether a Traveler is eligible for compensation under the Traveler Protection program and that, if AlwaysOnVacation does make such compensation, the Provider shall reimburse AlwaysOnVacation for the compensation paid within seven days of AlwaysOnVacation giving notice to the Provider that AlwaysOnVacation has or will made/make such compensation to the Traveler.

26.  Guarantee
AlwaysOnVacation offers a guarantee to Providers.  In the event that a Provider does not receive a 1000% Return-on-Investment (ROI) during the first twelve months of the first subscription made with AlwaysOnVacation, we will extend said subscription for an additional six months free of charge.  The following conditions apply:

  1. The investment envisaged by this section is the annual subscription fee paid to AlwaysOnVacation for the relevant Property,exclusive of any other investments a Provider may make in that Property.
  2. The ROI consists of net revenue earned (i.e. exclusive of taxes, maintenance fees, and other costs).
  3. At least four Property photographs deemed suitable by AlwaysOnVacation must be present on the relevant Property listing at all times.
  4. Full, honest, and accurate rate information must be published on the relevant Property listing at all times.
  5. All other information on the relevant Property listing must be honest and accurate.
  6. The relevant Property must have an active and updated AlwaysOnVacation.com availability offer.
  7. The Provider must respond to all inquiries made by Travelers and other potential renters, including those contacting the Provider through means other than AlwaysOnVacation, about its Property.
  8. The Provider must have made a good faith effort to rent out the Property.
  9. If a Provider obtains a renter through means other than AlwaysOnVacation during the twelve month period, the revenue from that renter shall be counted towards the ROI.
  10. AlwaysOnVacation reserves the right to cancel this offer at any time.

27.  Photographs
Providers may be given the chance to provide AlwaysOnVacation with photographs and/or other media to promote a Property.  The following conditions apply to photographs submitted to us:

  1. You must own the intellectual property rights to the photographs that you provide to us, or be authorized by the Provider to do so.
  2. You must not infringe on anyone’s publicity or privacy rights with the photographs that you provide to us.
  3. Photographs submitted should have as their main subject the Property being offered for rent.
  4. Photographs should not be deceptive (such as by being edited, or purposefully not showing certain undesirable features of a property).
  5. If a physical copy is submitted, it will be discarded by AlwaysOnVacation.  Therefore, you should not send us any original physical versions of photographs that you would like to keep.


28.  Maps

The maps provided are done as a courtesy and use the third party API, Google Maps, as the underlying service.  Errors may be caused by Google Maps, over which AlwaysOnVacation has no control, and should you have any issues we recommend that you contact Google directly about its service.  You may find out more about how to contact Google in regards to Google Maps at http://support.google.com/maps/bin/request.py

29.  Embargoes
You must not use our Service to violate any sanctions, embargoes, or other commercial controls enforced by the United States, or do anything that would cause AlwaysOnVacation to be in violation of such controls.  This means that if, for example, you would violate export controls by signing up to our Service because you are the resident or citizen of a country subject to such controls, you must not sign up for our Service.  Similarly, you must not enter into a contract with any User you know or suspect to be in violation of such controls, or in an area subject to export controls.

For a non-exclusive summary of United States export controls, please view the United States Department of Treasury’s Sanctions Programs and Country Information” webpage at http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx.

If you suspect a User is using our Service in violation of such controls, you must report the matter immediately to the Office of Foreign Assets Control at 1-800-540-6322 and to AlwaysOnVacation by e-mailing us with full details.

30.  Revocation of Consent
Where AlwaysOnVacation has given prior written consent for your use of our protected material in accordance with our above Copyright and Trademarks provisions, we may revoke that consent at any time.  If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use, even if it would cause an economic loss or other harm to you.  Therefore, we do not recommend using our trademark or our copyrighted materials, even when authorized, unless done in a manner which would not cause hardship to you if you were required to cease using the materials.

31.  DMCA Notices
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability for the actions of third parties posting to our Website or Service under the Digital Millennium Copyright Act.  If you believe that your copyright has been infringed, please send us a message which contains:

  1. Your name.
  2. The name of the party whose copyright has been infringed, if different from your name.
  3. The name and description of the work that is being infringed.
  4. The location on our website of the infringing copy.
  5. A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright Provider (or by a third party who is legally entitled to do so on behalf of the copyright Provider) and is not otherwise permitted by law.
  6. A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright Provider or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent at:

Attn: Copyright Agent
AlwaysOnVacation, Inc.
2303 Camino Ramon, Suite 170
San Ramon, CA 94583
United States

privacy@alwaysonvacation.com

If sending the notification by e-mail, an electronic signature is acceptable.

Although no similar provisions exist under U.S. law for trademark infringement, we recommend that you submit similar information to us about any alleged trademark infringement so that we can take appropriate action.

32.  Communications Decency Act
Our Rules of Conduct prohibit Users from using our Website or Service to post defamatory content.  If you become aware of a defamatory posting, please contact us at privacy@alwaysonvacation.com with full details and, if we wish to do so, we may decide to remove it.

However, please be aware that Section 230 of the Communications Decency Act grants us an absolute shield of immunity for any defamatory material published to our Website by our Users.  Therefore, should we fail to take action over any alleged defamation by a third party, you should not attempt to sue us for it or we may seek to have the lawsuit dismissed and, if applicable, recover all of our attorneys’ fees and other legal costs from you.

Additionally, the SPEECH Act 2010 prohibits United States courts from enforcing judgments from other countries which would not be obtainable here.  Therefore, you should not attempt to sue us for third party defamation in a foreign jurisdiction to circumvent the Communications Decency Act, as we will object to its domestication in the United States and, if possible, seek an order requiring you to reimburse us for our legal costs in doing so.

If you are a User disputing the accuracy of feedback provided about you by another User, we will generally not take any action unless we receive an order or declaration by a court of competent jurisdiction which specifically identifies the material complained about as being false and/or unlawful.

In addition to the foregoing, you agree that AlwaysOnVacation shall be permitted to exercise full editorial control over any content submitted to AlwaysOnVacation, including, but not limited to, the right to edit in part or fully delete any content submitted to us.

33.  Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE.  YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT.  TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS OR INFORMATION MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITE.  THIS INCLUDES ANY FRAUDULENT OR NEGLIGENT LISTINGS MADE BY USERS USING OUR SERVICE, OR ANY FAILURE OF ANY PROVIDER OR TRAVELER TO PERFORM THEIR CONTRACTUAL OBLIGATIONS AS PROMISED.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.  NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

34.  Indemnity
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your legitimate use of our Website or Service, or by your breach of this Agreement, or by your negligence, tortious behavior, or breach of contract as it relates to your Property or use of another User’s Property, or any other matter.  You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

35.  Choice of Law
This Agreement shall be governed by the laws in force in the State of California.  The offer and acceptance of this contract is deemed to have occurred in the State of California.

36.  Forum of Dispute
You agree that any dispute arising from or relating to this Agreement shall be heard before a court of competent jurisdiction in the State of California.  Where the subject matter so permits, the court having the lowest maximum jurisdiction over damages shall be used to hear the matter, even if you might otherwise be entitled to more damages in another court.  For example, if you are a natural person and your claim is for less than $7,500, you will bring the action in California’s small claims court.  You agree that you will waive any additional damages to which you are entitled and bring the claim in the lower court.  If you are a natural person, your claim is for more than $7,500, and it concerns subject matter which, if worth less than $7,500, could be heard by California’s small claims system, you will only sue in the small claims court, for up to $7,500, regardless of what you would otherwise be entitled to.

You agree that, in the event that you are ineligible to bring a claim in California’s small claims through no fault of our own, by reason of your having more than two $2,500 claims within the same calendar year, you will be required to indemnify us for the difference in attorneys’ fees, court costs, and disbursements that we may incur as a result of defending the action in a less summary court.  You agree that, prior to commencing such an action, you will notify us to give us enough time to consult a licensed attorney, and will provide the attorney of our choice with the estimated amount which constitutes the increase in attorneys’ fees, disbursements, and costs, the remainder of which, if any, will be returned to you at the end of the action and all possible appeals, or which shall be added to by you should it be insufficient to compensate us for the difference.

If you bring a dispute in a manner other than in accordance with this Agreement, such as by suing us in another country or state or in a higher court in California, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

37.  Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

38.  Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, AlwaysOnVacation shall have the sole right to elect which provision remains in force.

39.  Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

40.  Termination & Cancellation
We may terminate your account or our provision of services to you, or cancel your order or subscription at our discretion without explanation, though we will strive to provide a timely explanation in most cases.  Our liability for refunding you will be limited to the amount you paid directly to us for services not yet performed (on a pro rata basis), except in cases where the termination or cancellation was beyond our control or due to your breach of this Agreement, including, but not limited to infringement of our Rules of Conduct or intellectual property rights, in which case you agree that we are not required to provide any refund or other compensation whatsoever.  You agree that we are not liable in any way whatsoever for refunding payments you make to another User, subject only to any Travel Protection that has been purchased by you.

41.  Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.  For example, we may be required to assign our rights to a third party in the event of a merger or acquisition involving AlwaysOnVacation, Inc., or the sale of the rights to AlwaysOnVacation and its related services to a third party.

42.  Amendments
We may amend this Agreement from time to time.  When we amend this Agreement, we will post the modification date on this page.  You must review this page each time you visit our Website, and, as a condition of our permitting your continued use of our Website and Service, you agree to any amended version of this Agreement.  You may refuse to agree to the amendments, but if you do, you will not be permitted to continue using our Website and our Service, and you agree that we are not liable to you for any refund as a result of our refusal to permit you to use our Website and Service in accordance with this section.  In the event that you refuse to agree to the amendments, you must notify us immediately with sufficient details to disable your account and cancel your subscription at.

43.  California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about AlwaysOnVacation.com must be addressed to our agent for notice and sent via certified mail to: AlwaysOnVacation, Inc., 2303 Camino Ramon, Suite 170, San Ramon, California, 94583, United States.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.