Happy Rental Guarantee
Terms and Conditions
When you register your vacation rental for the Happy Rental Guarantee from Vacation Home Rentals, Inc. (the "Program"), you agree with, accept and are subject to these terms and conditions (the "Terms"). As detailed and defined below, for a fee the Program provides up to ten thousand dollars ($10,000) of protection against the following: (i) Internet Fraud; (ii) Wrongful Denial of Entry; and (iii) Material Misrepresentation;. All amounts in these terms are in U.S. dollars.
You qualify for the Program if you do all of the following:
Subject to the restrictions and limitations set forth in these Terms, the Program provides up to ten thousand dollars ($10,000) in aggregate protection to Registered Travelers against amounts actually paid by a Registered Traveler to a property owner or manager for a rental property that is listed on a Vacation Home Rentals Site where such funds are lost or misappropriated as a result of: (i) Internet Fraud (as defined below); (ii) Wrongful Denial of Entry (as defined below); (iii) a Material Misrepresentation. Please note that, if you register and make payment for the Program and subsequently cancel your trip or vacation rental arrangement for any reason you will not receive a refund for any payments made to Vacation Home Rentals for the Program.
(a) "Internet Fraud" is defined as a deposit or payment by a Registered Traveler for a vacation rental that is listed on a Vacation Home Rentals Site where such listing is subsequently determined to be, in Vacation Home Rentals' reasonable discretion, fictitious or illegitimate in that the vacation rental property (i) does not exist, or (ii) was advertised by the advertiser with the intention of defrauding travelers and with the general aim of making the victim believe in the existence of a non-existent rental property.
(b) The term "Wrongful Denial of Entry" means that a Registered Traveler has made a deposit (if required) and full payment to a property owner or manager for a rental property that is listed on a Vacation Home Rentals Site but (i) the Registered Traveler is intentionally and wrongfully denied access to the subject property at the start of or during the rental term as the result of the intentional and wrongful act of the property owner or manager. Examples under this category of protection include (i) where the subject property is in foreclosure or the property owner or manager is in bankruptcy, in either case resulting in the Registered Traveler being denied access to the subject property; and (ii) the property owner or manager has "double booked" the subject property to two or more travelers for the same time period(s).
(c) The term "Material Misrepresentation" means that (i) a Registered Traveler has made a deposit (if required) and full payment to a property owner or manager for a rental property that is listed on the Vacation Home Rentals Site, (ii) within two (2) hours of first entering the subject property on the first day of the lease or rental term, the Registered Traveler leaves the subject property and refuses to occupy the subject property due to the Material Non-Compliance (as defined below) of the condition of the rental property with the description made in the listing on the Vacation Home Rentals Site; (iii) the Registered Traveler's payment is not refunded or is wrongfully withheld by the property owner or manager, and (iv) the existence of the Material Non-Compliance of such listing is subsequently confirmed by Vacation Home Rentals in Vacation Home Rentals' reasonable discretion. The term "Material Non-Compliance" is defined as follows:
For the avoidance of doubt, and in addition to the general restrictions and limitations described elsewhere in these Terms, the term "Material Non-Compliance" does not include a Registered Traveler's refusal to take possession of leased premises arising from or on the grounds of:
The following are illustrative examples of losses of funds that the Program DOES NOT protect against, as determined in the reasonable judgment of Vacation Home Rentals:
In order to obtain any reimbursement from Vacation Home Rentals under the Program, a Registered Traveler must comply with the requirements set forth below. Failure to follow these requirements, or the taking of any action by any Registered Traveler without the written consent by Vacation Home Rentals that impairs Vacation Home Rentals' ability and/or right to mitigate any potential loss, or the making by any Registered Traveler of any false or misleading statement(s) with respect to any request for reimbursement hereunder, will void eligibility for reimbursement under the Program.
4.1 Third Party Reimbursement. If a Registered Traveler has paid money to a property owner or manager via PayPal, credit card or check, upon learning of the existence of a potential loss of funds protected under the Program, the Registered Traveler must immediately contact the bank(s), PayPal or credit card issuer (as applicable) to request recovery or reimbursement of the Registered Traveler's funds (a "Chargeback"). A Registered Traveler is only entitled to receive payment from Vacation Home Rentals under the Program if the bank(s), PayPal or credit card issuer (as applicable) denies a Registered Traveler's request for a Chargeback. A Registered Traveler must provide Vacation Home Rentals with written proof that he or she contacted the bank(s), PayPal or credit card issuer (as applicable) and that a request for a Chargeback was denied. A Registered Traveler is required to accept any settlement from the bank(s), PayPal or credit card issuer (as applicable), but may still be eligible for additional payments under the Program if such settlement is for less than the maximum reimbursement amount under the applicable Plan.
4.2 Proof of Identity. A Registered Traveler must provide written proof of his or her identity (e.g., copy of passport, driver's license, utility bills, credit card information, etc.) as Vacation Home Rentals may request in its sole discretion. Vacation Home Rentals may request one or more forms of proof of identity, and any determination by Vacation Home Rentals with respect to the valid existence of any proof of identity shall be made in Vacation Home Rentals' reasonable discretion.
4.3 Document the listing. A Registered Traveler must provide written proof that the subject property was listed on one of the Vacation Home Rentals Sites.
4.4 Document the inquiry. A Registered Traveler must provide a copy (electronic or in print) of the inquiry email verification (the "Initial Inquiry") provided by the Vacation Home Rentals Site when the Registered Traveler first inquired about the subject property, and Vacation Home Rentals must be able to verify this Initial Inquiry by finding a log of this inquiry in its database.
4.5 Document the reservation. A Registered Traveler must prove that he or she reached a final agreement with the property owner or manager regarding the listed vacation rental and provide Vacation Home Rentals with all requested documentation of email, telephone, written or other communications with the property owner or manager regarding the rental property.
4.6 Document the trip registration. A Registered Traveler must complete the Registration at least two (2) days prior to the arrival date. In addition, if Vacation Home Rentals sends the Registered Traveler a notice that a listing or property is not eligible for participation in the Program, then the Registered Traveler must prove that he or she registered and paid the applicable fee to Vacation Home Rentals for the Program, and made payment via PayPal, check or credit card to the property owner or manager prior to Vacation Home Rentals' transmission of such notice.
4.7 Document all payment(s). A Registered Traveler must provide written documentation of all payments and refunds (partial, full and/or deposit) made to or by the property owner or manager. Additionally, a Registered Traveler must prove that those payments were made prior to Vacation Home Rentals' transmission of any notice that the subject property was not eligible for participation in the Program.
4.8 Document the loss. The Registered Traveler must provide Vacation Home Rentals with all requested written documentation of lost or misappropriated funds. Further, the Registered Traveler must provide written evidence that the property owner or manager received funds from the Registered Traveler, was notified of the Registered Traveler's refund claim, and refused or failed to return or refund such funds to the Registered Traveler. Claimants should not alter or destroy any documentation related to the lost or misappropriated funds until the matter is resolved.
4.9 Notify Vacation Home Rentals. The Registered Traveler must notify Vacation Home Rentals within seven (7) business days of the first event giving rise to a Registered Traveler's request for reimbursement under the Program by: (i) email to customer support; or (ii) by mail to Vacation Home Rentals Happy Rental Guarantee Program, Vacation Home Rentals.com, 38 Merrimac Street, Suite 201, Newburyport, MA 01950
4.10 File a Reimbursement Request. The Registered Traveler must complete, sign and submit the Reimbursement Request Form with all requested documentation to Vacation Home Rentals within thirty (30) days of (i) receiving the Reimbursement Request Form or (ii) the departure date set forth in your Registration, whichever is later. The as-submitted Reimbursement Request Form must contain the Registered Traveler's agreement that:
4.11 Help us help you. For the avoidance of doubt, if a Registered Traveler requests reimbursement under the Program, he or she agrees to provide to Vacation Home Rentals, on a timely basis, any documentation requested to support such request. Such traveler also agrees to fully cooperate with Vacation Home Rentals in all aspects of the reimbursement process. Vacation Home Rentals may close without payment any reimbursement request file of a Registered Traveler who does not respond to inquiries regarding an alleged fund loss or misappropriation within specified times.
4.12 Reimbursement process. Vacation Home Rentals will complete the processing of each request for reimbursement under the Program within a reasonable time period after receipt of all requested documentation. As noted above, it is recommended that Registered Travelers who are seeking reimbursement do not discard or alter any documentation related to the reimbursement request until the matter is resolved.
5. Other offers. By registering for the Program, each Registered Traveler further agrees that Vacation Home Rentals may transmit its email newsletters to such person, along with other account information that may be targeted to such traveler's interests.
6. Entire Agreement; Contact Information. These Terms constitute the entire agreement between Vacation Home Rentals and each Registered Traveler with respect to the Program. Except as may be modified by these Terms, each Registered Traveler acknowledges and agrees that it is bound by the existing Terms and Conditions of Use of the Vacation Home Rentals Sites. In the event of any conflict between these Terms and the Terms and Conditions of Use, these Terms will govern. If you have any questions regarding the Program or these Terms, please contact us by: (i) email to customer support; (ii) by mail to Vacation Home Rentals Happy Rental Guarantee Program, VacationHomeRentals.com, 40R Merrimac Street, Newburyport, MA 01950
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