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BETTER VACATIONS WEBSITE TERMS AND CONDITIONS OF SERVICE

These Terms and Conditions of Service (these “ Terms ”) apply to Bettervacations.co, any subdomain of Bettervacations.co, any related application for mobile devices, and any other website operated by Better Vacations LLC or any subsidiary or affiliated entity on which these Terms and Conditions of Service are posted.

The Better Vacations website is operated by Better Vacations LLC, which is referred to in these Terms as “ we ,” “ us ,” “ our ,” or “Better Vacations”.  The terms “ you ” and “ your”  refer to the person using or accessing the website.

By using or accessing the Better Vacations website in any manner, you agree to comply with and be legally bound by these Terms. If you do not fully agree to these Terms without modification, you are not authorized to use or access our website. You should carefully review these Terms, which constitute a legally binding agreement between you and Better Vacations.

You are not authorized to access the website unless you are at least 18 years old and are able to enter into legally binding contracts.  

Revisions

We may change, add to, or otherwise modify these Terms in the future without prior notice. We will list the date of the last revision to these Terms at the top of this page, and any revisions will take effect upon posting. You agree that your continued use of or access to the Site after any revision constitutes your acceptance of the revised version of these Terms. Be sure to visit this page periodically to review the most current version of these Terms.

Privacy Policy and Cookie Policy

Better Vacations values your privacy. Please click here to review our current Privacy and Cookie Policy. The Privacy and Cookie Policy also govern our use of and access to the Better Vacations website and are incorporated by reference into these terms.

Limited License to Access and Use Site

Provided you comply with these Terms, Better Vacations grants you a limited, revocable, non-transferable and non-exclusive right to access and use the Site for, and limited to, any of the following purposes: searching for a vacation or short-term rental; booking or inquiring about booking a vacation or short-term rental; if you are an owner or prospective owner of a property, researching or inquiring about using Better Vacations services; logging into the owner portal for a property for which Better Vacations provides rental management or marketing services pursuant to a contract with you; researching vacation destinations; taking any of the above actions for another person for whom you are legally authorized to act; or any other purpose that is clearly stated and expressly permitted on the Site.

Prohibited Activity

Any use of the Site for any purpose that is not expressly permitted or otherwise in accordance with these Terms is prohibited. Prohibited uses of the Site include, without limitation, the uses listed below. In connection with the use of or access to the Site, you agree not to do any of the following:

Proprietary Rights and Ownership

All contents of the Site are protected by the copyright, trademark, and other intellectual property laws of the United States and foreign countries and by international conventions. You acknowledge and agree that the contents of the Site are the exclusive intellectual property of Better Vacations or the applicable rights owner.  

User Accounts

To access certain services via the Site, we may permit or require you to register for a Better Vacations user account. If you choose to register, you agree to provide us with true, accurate, current, and complete information, and to update such information if it changes. You agree (1) to safeguard your Better Vacations login identification and password; (2) not to disclose your login identification or password to any third party without our express written permission; (3) to take sole responsibility for any activity taken under your Better Vacations account, whether or not you specifically authorized the activity; and (4) to notify us immediately and select new a login identification and password if you believe your password for a Better Vacations account or an email account you have used to register with Better Vacations has been compromised, or if we notify you that we suspect unauthorized activity on your account. We reserve the right to terminate any user account, at any time, in our sole discretion.

Reviews and User Content

We may, in our sole discretion, permit you to post, submit, upload, or transmit via the Site a review or other content generated by you. If you post, submit, upload, or transmit a review or other content to us via the Site or for potential use on the Better Vacations website (collectively, “ Submissions ”), you grant Better Vacations a non-exclusive, perpetual, royalty-free, transferable and fully sub-licensable worldwide license (1) to use, reproduce, translate, modify, adapt, access, view, distribute, publish, transmit, publicly display, and create derivative works from the Submissions in any media, now known or hereafter devised, for any purpose, and (2) to use the name that you submit in connection with the Submissions. You agree and acknowledge that we may choose to provide attribution of Submissions, at our sole discretion. You further grant Better Vacations the right to pursue at law any person or entity that violates your or our rights in the Submissions by breaching these Terms. Better Vacations does not claim any right of ownership in the Submissions, and nothing in these Terms shall be deemed to remove or restrict any rights you have in the Submissions.

By making any Submissions to, via, or for the Better Vacations website, you represent and warrant that (1) you have full rights to the content of the Submissions, either because you are the sole and exclusive owner of such content or because you have been granted all necessary rights, licenses, or consents to such content, and (2) that the Submissions do not violate any provision of these Terms.

Better Vacations has the absolute discretion (but not the obligation) to pre-screen, remove, or edit any reviews or other user-generated content that may be posted on our website. We do not guarantee and are not responsible for the accuracy, non-infringement, or legality of any review or other user-generated content that may appear on the Site.

Additional Terms May Apply to Specific Transactions; Conflicts Between Terms

If you choose to reserve a vacation rental through our website, to use Better Vacations to provide rental management or marketing services on your behalf, or to undertake certain other transactions that may be accessible from the Better Vacations website, you acknowledge and agree that you may be required to enter into one or more separate agreements or waivers, which may contain different or additional terms and conditions. If a conflict exists between these Terms and the terms and conditions of a specific separate agreement, waiver, or service, the terms and conditions of the specific agreement, waiver, or service will control.

International Travel

If your travel plans involve international travel, you agree to be responsible for ensuring that you have all necessary travel documents (such as passports and visas), that you meet all foreign entry requirements, and that you have obtained any required medical guidance, medications, and required inoculations prior to travel. Better Vacations shall not be liable for any liability for travelers who are refused boarding onto an international common carrier or entry into (or transit through) a country for any reason.

Although most travel is completed without serious incident, travel to certain destinations may involve a higher level of risk than others. We strongly suggest that guests whose plans involve travel outside the United States review, prior to booking, travel warnings, advisories, restrictions, announcements, cautions, and prohibitions issued by the United States Government. International travel information is available at the United States State Department website ( www.state.gov ) and at other United States Government websites, including www.tsa.gov , www.dot.gov , www.treas.gov/ofac , www.cbp.gov , www.faa.gov , and www.cdc.gov .

Travelers who are citizens of a country other than the United States should review any travel warnings or advisories issued by their own government.

Foreign Currencies and International Transactions

Better Vacations may, but is not obligated to, display rental and other fees for vacation rentals in the United States in foreign currencies, or display fees for vacation rentals outside the United States in United States Dollars. Any display of fees in foreign currencies is provided as a convenience and for informational purposes only and does not necessarily represent your final cost. Better Vacations may in the future charge a currency conversion fee. You will be notified of the currency in which you will be charged for a vacation rental, and the amount of any Better Vacations currency conversion fee. You will be responsible for any currency conversion processing costs or international transaction fees your credit card provider charges.

Liability and Warranty Disclaimer

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS BETTER VACATION'S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE.

IF YOU CHOOSE TO ACCESS, DISPLAY, OR USE THE SITE, YOU DO SO AT YOUR OWN RISK. THE INFORMATION PUBLISHED ON THE SITE MAY CONTAIN ERRORS, INCLUDING RESERVATION AVAILABILITY ERRORS, PRICING ERRORS, AND INACCURATE OR INCOMPLETE DESCRIPTIONS OF ACCOMMODATIONS OR LOCATIONS. BETTER VACATIONS DOES NOT GUARANTEE THE ACCURACY OF THE INFORMATION PUBLISHED ON THIS SITE AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR INACCURACIES IN SUCH INFORMATION. THE SITE IS OFFERED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BETTER VACATIONS SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BETTER VACATIONS DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE ON A SECURE, UNINTERRUPTED OR ERROR-FREE BASIS.  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT YOU BEAR THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. IN NO CASE SHALL BETTER VACATIONS LLC OR ITS SUBSIDIARIES OR AFFILIATES (INCLUDING BUT NOT LIMITED TO THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, DISPLAY OF, OR USE OF THE SITE, WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BETTER VACATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IF BETTER VACATIONS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OUT OF YOUR USE OF THE SITE, THEN IN NO EVENT SHALL BETTER VACATION'S LIABILITY, IN THE AGGREGATE, EXCEED (1) THE AMOUNT SPECIFIED IN A SEPARATE RENTAL OR OWNER AGREEMENT THAT APPLIES TO THE SPECIFIC TRANSACTION YOU ENGAGED IN, OR (2) IF THERE IS NO APPLICABLE SEPARATE AGREEMENT, ONE HUNDRED UNITED STATES DOLLARS ($100) OR ITS EQUIVALENT IN FOREIGN CURRENCY.  

THE LIMITATION OF LIABILITY SET FORTH HEREIN REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BETTER VACATIONS.

Indemnification

You agree to defend, indemnify, hold harmless and release Better Vacations LLC and its affiliates, and any of their officers, directors, employees, agents, or rental owners, from and against all claims, causes of action, liabilities, demands, damages, or other costs or expenses of any kind, specifically including without limitation reasonable legal and accounting fees, brought by third parties as a result of or in any way connected with (1) your violation of these Terms, (2) your violation of the law or any rights of third parties, or (3) your access to or use of the Site.

Jurisdiction and Governing Law; Class Action Waiver

These Terms are governed by, and shall be interpreted in accordance with, the laws of the State of Delaware USA, without regard to principles of conflicts of law. You and we consent to the exclusive personal jurisdiction and venue of the federal or state courts located in Delaware, for all disputes arising out of or relating to the use of or access to the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

Assignment

You may not assign these Terms without Better Vacations express written consent. Any attempt by you to assign these Terms without consent will be void and without effect. Better Vacations may assign these Terms or any of its rights or interest in these Terms at any time, in its sole discretion, without your consent.

General Provisions

These Terms (together with any other terms and conditions referenced herein, and any different or additional terms that apply to specific transactions) constitute the entire agreement between you and Better Vacations with respect to your use of and access to the Site, and supersede all prior or contemporaneous electronic, oral or written understandings or communications between you and Better Vacations with respect to the Site.

Any failure by Better Vacations to enforce any provision of these terms shall not be construed as a waiver of future enforcement of that provision or of any of Better Vacation’s rights and privileges.

If any provision of these Terms is held invalid pursuant to applicable law, that provision will be enforced to the maximum extent possible and the other portions will be deemed valid, and so far as is reasonable and possible the intent of the parties hereto will be given full effect.

Terms of Service Help

If you have questions or comments about these Terms, you may contact us by email at:

[email protected]