VIR Terms and Agreements
Website Terms of Service.
Date of issue: July 23rd, 2016
Welcome to the thevirgroup.com website (the “Website”). This Website is provided solely to assist customers in gathering vacation rental travel information, determining the availability of travel-related goods and services, making legitimate personal vacation rental inquiries, rental reservations, paying for such rental reservations or otherwise transacting business with our travel suppliers (unless you are a Manager, as defined herein, in which case additional terms and restrictions apply), and for no other purposes. Use of the Website for any other purpose is strictly prohibited. The terms “we”, “us”, “our” and “VIR” refer to The VIR Group LLC., a Florida corporation and/or our subsidiaries. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. You may not amend this Agreement. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
Here is a quick summary, which in no way substitutes for reading the entire Agreement:
1) We help travelers find and reserve vacation rental accommodations. We also help suppliers advertise and book their rentals through our website. However, we are not a travel agency and we do not provide or own travel services or accommodations ourselves. When you inquire or book a vacation rental you will be dealing with us directly for the booking, rental, refund and cancellation policies of VIR.
2) We collect guest reviews from travelers who have stayed in vacation rentals. If you are submitting a review, we’ll protect your privacy and we will have the right in perpetuity to publish and use your review.
3) We list vacation rental information. If we include information about vacation rentals you manage or own, you agree that you’ll provide us accurate information about your rentals, your guests and you give us the right to publish and use this information.
4) We protect our brand, content, website and users. If you are trying to do something bad to us or our users, it’s prohibited and we limit our liability from and disclaim the bad things people may do.
5) Each week thousands of people use VIR to find great vacation rentals, list their own vacation homes and help other travelers by submitting guest reviews about their rental experience. It works.
WEBSITE IS A VENUE AND WE ARE NOT A PARTY TO ANY TRANSACTIONS OR RENTAL AGREEMENTS
We urge all users to be responsible about their use of this Website and any transaction entered into as a result of either listing a property or renting a property. We do not own, nor can we contract for personally, any vacation rental property listed on the Website. VIR acts as a venue to allow property owners who own a vacation property, to use VIR to list their properties on the Website (each, a “Manager”) to offer for rent specific vacation rental properties to potential renters, including various ways for users to communicate with one another and enter into rental agreements or rental transactions.
The website is not a party to the rental transaction between the traveler and the owner. As a result, any part of an actual or potential transaction between a traveler and an owner, including the quality, condition, safety or legality of the properties advertised, the accuracy of the listing content, the ability of owners to rent a vacation property or the ability of travelers to pay for vacation rental properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into a separate rental agreement with VIR prior to making a booking or purchasing a product or service and such agreement may place additional restrictions on your booking, product or service.
Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to rental properties listed on the Website, there may be circumstances where we are nevertheless legally obligated, as we determine in our sole discretion, to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with this Agreement, (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act, (v) all information supplied by you on this Website is true, accurate, current and complete, and (vi) if you have a Thevirgroup.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
If you provide your email address to VIR, you agree to allow us to add your email to our database of users. You may receive one or more promotional emails either from us or one our affiliates. You are welcome to opt not to receive these promotional messages. In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.
VIR grants you a limited, revocable, non-exclusive, non-sublicensable license to access and use the Website and to view, copy and print portions of the Website content solely for the purpose of advertising a vacation rental property, searching for a vacation rental property, or for any other purpose clearly stated on a Website, all in accordance with this Agreement. Any use of the Website that is not for one of these purposes or otherwise in accordance with this Agreement or as otherwise authorized by us in writing is expressly prohibited. Such license is subject to this Agreement, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Website for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Website or any portion thereof; (iii) any displays or printouts of Website content must be marked “(c) 2016, The VIR Group LLC. All rights reserved.”; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Website content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Website other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the Website or any site content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Website or site content without the prior written permission of VIR is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. You represent and warrant that your use of the Website and any content herein will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
The license to use the Website only extends to the uses expressly described herein. The content and information on this Website (including, but not limited to, price and availability of vacation rental properties and travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) make, or use the Website to make, any speculative, false, or fraudulent reservation, reservation request or any reservation in anticipation of demand;
(iii) access, monitor, reproduce, upload, republish, distribute, transmit, display or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, adversely affects the performance of the Website, or infringes on our copyright or the copyright of our suppliers;
(vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
(vii) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
(vii) take any action that may undermine the feedback or ratings systems, including posting false, inaccurate or misleading feedback, ratings and reviews;
(viii) sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties; or
(ix) post or transmit any false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by this Agreement.
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with a traveler or member through the tools available on the Website, though even this does not assure you of the identity of the person with which you are communicating.
You agree to (i) keep your password and online ID for both your account with us and any personal email account associated with your account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER VIR NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR VIR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH VIR AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
OWNERSHIP, COPYRIGHT AND TRADEMARK NOTICES
Except as otherwise indicated, the Website, and all text, images, marks, logos and other content contained herein, including, without limitation, the VIR logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of VIR or its licensors or users and are protected by U.S. and international copyright laws. All contents of this Website are: ©2016 The VIR Group LLC. All rights reserved. The VIR Group LLC. is not responsible for content on websites operated by parties other than The VIR Group LLC. VIR and the VIR logo and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of The VIR Group LLC. and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of VIR or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of VIR and may not be copied, imitated or used, in whole or in part, without the prior written permission of VIR. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by VIR.
If you are aware of an infringement of our brand, please let us know by e-mailing us at info@Thevirgroup.com. We only address messages concerning brand infringement at this email address.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any vacation home rental reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant VIR and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; (b) use the name that you submit in connection with such Submission. You acknowledge that VIR may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a vacation home rental review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant VIR the right to pursue at law any person or entity that violates your or VIR’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Thevirgroup.com website If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from uploading, posting or transmitting or otherwise publishing to or from this Website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- Content that, in the sole judgment of VIR, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose VIR or its affiliates or its users to any harm or liability of any type.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that VIR may exercise its rights (e.g. use, publish, delete, edit and modify) to any content you submit without notice to you.
VIR takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is VIR liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, VIR is not liable for any statements, representations or Content provided by its users in any public forum. Although VIR has no obligation to screen, edit or monitor any of the Content posted to or distributed by users, VIR reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by VIR or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release VIR, and its licensees, successors and assigns, from any claims that you could otherwise assert against VIR by virtue of any such moral rights.
SUPPLIER RULES AND RESTRICTIONS
Separate terms and conditions will apply to your reservation and booking of vacation home rentals and travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of products, or services. You acknowledge that some vacation rental managers and third-party providers offering certain services and/or activities may require you to sign their rental agreement and/or liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable vacation home rental or travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. VIR urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, http://www.treas.gov/ofac and http://www.customs.gov.
BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, VIR DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING VACATION HOME RENTAL AVAILABILITY AND PRICING ERRORS. VIR, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE “VIR COMPANIES”) AND THE AFFILIATED, CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, “VIR AFFILIATES”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE VACATION HOME RENTAL PROPERTIES, LODGING, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF VACATION RENTAL PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, AND REVIEWS AND RATINGS ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, VIR EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
THE VIR COMPANIES, THE VIR AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE VIR COMPANIES OR THE VIR AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE VIR COMPANIES, THE VIR AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE VIR COMPANIES, THE VIR AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE VIR COMPANIES, THE VIR AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.
THE PROPERTY MANAGERS, OWNERS, SERVICES AND OTHER SUPPLIERS PROVIDING VACATION RENTAL PROPERTY INFORMATION, TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE VIR COMPANIES, OR THE VIR AFFILIATES. THE VIR COMPANIES AND THE VIR AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE VIR COMPANIES AND THE VIR AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE VIR COMPANIES, THE VIR AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE VIR COMPANIES, THE VIR AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE VIR COMPANIES, THE VIR AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
If, despite the limitation above, the VIR Companies, the VIR Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the VIR Companies, the VIR Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (US$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the VIR Companies, the VIR Affiliates, and/or their respective suppliers.
You agree to defend and indemnify the VIR Companies, the VIR Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by any person or third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray VIR or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a VIR logo or other proprietary graphic of VIR to link to the Website without the express written permission of VIR. Further, you may not use, frame or utilize framing techniques to enclose any VIR trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without VIR’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of VIR or any third party. Nothing contained on the Website may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of VIR or any third party without the prior written permission of VIR or such other party that may own such patent, trademark, copyright or other proprietary right(s).
LINKS TO THIRD-PARTY SITES
This Website contains hyperlinks to websites operated by parties other than VIR. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website (“Software”) is the copyrighted work of VIR, VIR Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. The currency information supplied by on this Website is believed to be accurate, but the VIR Companies, the VIR Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy.
Rental Fees. The rental fees for each property listing (“Listing”) consist of the base rental amount for the Listing, as determined by the Manager, including any applicable Taxes (as defined below) collected by the Manager, cleaning fees or other discretionary Manager fees, as applicable (the “Rental Fee”). The amounts due and payable by a Guest relating to the booking of a Manager’s Listing are the Rental Fee and the Security Deposit or Damage Protection Insurance, as applicable, collectively referred to in this Agreement as the “Total Fee”. Please note that the Manager that determines the Rental Fee and not VIR.
Payment Terms. You agree to pay VIR, acting on behalf of the Manager, for the Total Fee (subject to any Scheduled Payments, discussed below) for any booking at the time you accept a payment request received from a Manager. The Total Fee will be collected in accordance with this Agreement and the pricing terms specified in the booking request.
When you complete a rental booking request, you will be asked to provide your billing information, including your name, billing address and credit card information either to VIR or its third party payment processor. You agree to pay VIR for any confirmed bookings made in connection with your vacation rental booking in accordance with this Agreement by one of the methods described on the Website – e.g. by check, eCheck or credit card, as available. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by VIR or indirectly, via a third party online payment processor or by one of the payment methods described on the Website.
Security Deposits. Managers may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Listing. If a Security Deposit is included in a Listing for a confirmed booking, VIR, as the Manager’s payment agent, may request a pre-authorization of the Guest’s credit card and hold such amount as the Manager determines for the Security Deposit prior to the Guest’s check-in at the applicable Manager’s Listing. VIR may charge your credit card in the event of damage caused at a Listing pursuant to the terms of the rental agreement and the Security Deposit.
Scheduled Payments. Managers may ask Guests to make scheduled, partial payments toward the Total Fee owed for a confirmed rental of the applicable Listing (collectively, “Scheduled Payments”). If Scheduled Payments apply to your payment obligations for Total Fees owed, you authorize VIR to collect the Total Fee on behalf of the Manager, based on the schedule and amounts noted in the booking request or in other communications.
Cancellations and Refunds. As a Guest, if you wish to cancel a confirmed booking made via our Website, the CANCELLATION POLICY will apply to and govern the terms of your cancellation and any refunds.
Rental Agreements. By utilizing a rental agreement in VIR Payments, the Guest and Manager agree to the terms and conditions set forth in the rental agreement (including without limitation the cancellation refund policy) effective as of the date that the user indicates acceptance of the rental agreement. You hereby acknowledge and agree that (a) you are fully responsible for reviewing and complying with the terms and conditions of the rental agreement, (b) any rental agreement used, whether a sample provided by the Website or a rental agreement added to VIR by either party, is used solely at their own risk and expense, (c) nothing contained in your VIR account, this Agreement, or any sample rental agreement is a substitute for the advice of an attorney, (d) your rental agreement for the Listing is with the Manager, not VIR, and that you shall not hold VIR responsible for any acts or omissions of the Manager relating to the rental transaction, and (e) that you have hereby been advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, state, and local law and their particular circumstances, and to revise the rental agreement as necessary to accurately represent their property, rules and features and circumstances of Guests as applicable. You agree and acknowledge that VIR is acting as the Manager’s payment agent for the limited purpose of receiving your payment and that payment to VIR shall be considered the same as a payment to the Manager.
Damage Protection Insurance. By utilizing and/or purchasing Damage Protection Insurance in connection with VIR Payments, you agree to the terms and conditions under the Damage Protection Insurance Assignment of Benefits Policy, acknowledge that you understand that certain policy restrictions apply, and agree that Property Damage Protection may be included in the rental. You further acknowledge and agree that (a) although the Damage Protection policy will pay a maximum benefit up to the policy limit, you remain fully responsible for the care and condition of the vacation rental property and for any damage to the vacation rental property, (b) you remain fully responsible for any damages that are not covered by the policy or that exceed the policy limits, (c) if during your stay at the vacation rental, you, as the insured person under the Damage Protection plan, causes any damage to real or personal property of the Manager as a result of inadvertent acts or omissions, you will be responsible for the cost of repair or replacement of such property and hereby authorize Berkeley to release any claim payment for covered damages (up to the maximum benefit limit) directly to the Manager of the rental property. You agree to hold harmless Thevirgroup.com, The VIR Group LLC, the Manager, the owner and RentalGuardian for any costs associated with the payment of any such security deposit benefits. Full details of the Damage Protection Insurance are available from The VIR Group LLC.
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Lake County, Florida, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and the VIR Companies as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and VIR with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and VIR with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Date of issue: July 23rd, 2016
TRUST. We understand that making purchases and travel plans online involves a great deal of trust on your part and we respect your privacy. We take this trust very seriously, and make it our highest priority to ensure the security and confidentiality of the personal information you provide to us. Please read the following policy to learn about our privacy practices. By visiting our U.S. website, https://www.thevirgroup.com, you are accepting the practices described herein.
What Personal Information We Collect
We receive and store any information you enter on our Web site or give us in any other way. This includes information that can identify you (“personal information”), including your first and last name, telephone number, postal and e-mail addresses, and, in some cases, billing information (such as credit card number, cardholder name, and expiration date). We also may request information about your traveler preferences. You can choose not to provide information to us, but in general some information about you is required in order for you to register as a member; purchase products or services; complete a traveler profile; participate in a survey, contest, or sweepstakes; ask us a question; or initiate other transactions on our site.
Information from Other Sources
The VIR Group does not currently use independent third-party sources to add to our user account information or delivery and address information.
We automatically collect some information about your computer when you visit TheVIRGroup.com. For example, we will collect your IP address, Web browser software (such as Chrome or Internet Explorer), and referring Web site. We also may collect information about your online activity, such as properties viewed, reservations sent, and purchases made. One of our goals in collecting this automatic information is to help customize your user experience.
Cookies and Other Web Technologies
Information Collected by Third-Party Advertising Companies
How We Use Your Personal Information
The VIR Group does not sell user information, including name, email address, contact information, phone number, or any other personally identifiable information, to non-related third-parties. The VIR Group uses information about you for the following general purposes: to provide you with the products and services you request; to provide you with travel confirmation and updates; to manage your account, including processing bills and providing travel notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and Web site; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with TheVIRGroup.com; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms & Conditions; and as otherwise described to you at the point of collection.
TheVIRGroup.com may share your information with the following entities:
Suppliers, such as vacation rental managers, rental owners, hotel, airline, cruise, or car rental companies, or activity providers, who fulfill your travel reservations. Throughout TheVIRGroup.com, all services provided by a third-party supplier are described as such. We do not share your email address with these suppliers unless they need it to fulfill the travel reservation you have made on TheVIRGroup.com, and we restrict their use of this information to that purpose. We do not place limitations on our suppliers’ use or disclosure of your other personal information. Therefore, we encourage you to review the privacy policies of any travel supplier whose products you purchase through TheVIRGroup.com. Please note that these suppliers also may contact you as necessary to obtain additional information about you or to facilitate your travel reservation.
Third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. These companies have access to personal information needed to perform their functions but are not permitted to share or use the information for any other purpose.
Business partners with whom we may jointly offer products or services. You can tell when a third party is involved in a product or service you have requested because their name will appear with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners and recommend you evaluate their practices before deciding to provide your personal information.
We also may share your information: (i) in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law; (ii) to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of TheVIRGroup.com, our customers, or others; and in connection with our Terms & Conditions and other agreements; and (iii) in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.
We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors a Web site receives or what are the most popular vacation destinations. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.
How You Can Access Your Personal Information
You can access your information at various points on the TheVIRGroup.com Web site. These include: (i) the OwnerWeb page, The Guest Portal and Guest Apps, where you can view, update, or change your personal information and update your member profile, travel preferences and associated information; (ii) the Account page, where you can change your password; and (iii) the My Favorites page, where you can view, update, or delete your saved vacation properties.
Your Choices Regarding Collection and Use of Your Information
As discussed above, you can choose not to provide us with any information, although it may be needed to make travel reservations, contact our suppliers or take advantage of certain features offered on TheVIRGroup.com.
You can also add or update information on the Guest Portal, OwnerWeb, Account and My Favorites pages as described above.
The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from TheVIRGroup.com, you will not be able to access portions of our site.
How We Protect Your Personal Information
We want you to feel confident about using TheVIRGroup.com to plan your vacation rental and purchase your travel, so we are committed to protecting the information we collect. While no Web site can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they only may do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.
TheVIRGroup.com does not sell travel or other services for purchase by children. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.
How You Can Contact Us
Guest Rental Agreement.
Date of last update: March 11th, 2017
This agreement is made on (Reservation.BookedOn) between (Guest.FullName) and Value Integrity Results, LLC DBA The VIR Group (“Manager”) and is for a maximum period of 30 days as required under Florida Transient Rental Law. This agreement is not a real estate lease.
1. Check-In / Check-Out Times. Check-in at begins at 4:00 PM (EST). Check-out time is 10:00 AM (EST). Late check-outs and early check-ins require special arrangements, and may be subject to an additional fee of $75 at the sole discretion of the manager. Refunds are not given for late arrivals or early departures. We will attempt to provide you access to your property as early in the day as possible, however it is not guaranteed unless an early check-in has been requested and paid for. Unauthorized late check-outs are charged at a flat rate of $75 and unauthorized additional nights are charged at a flat rate of $150 per night and billed automatically to the card on file.
2. Payment. Your accommodation payment schedule can be found on your payment schedule above. We accept Visa, MasterCard, Discover and American Express (with a 3% surcharge). If you prefer to mail a check, please send to: The VIR Group and mail to 2468 US Highway 441/27 Suite 104, Fruitland Park, FL 34731. If you are an international client, please contact us for preferred foreign exchange company payment methods.
3. Good Neighbor Policy. Please remember you are staying in someone’s home during your vacation. Please treat it with care and leave it in good condition at checkout.
4. No Smoking. Smoking is not permitted in any Manager property, the garage or on any of the grounds that the property occupies. Guests who violate this policy will be charged an automatic fine of two thousand five hundred dollars ($2,500) on the credit card held on account, plus the expense of any necessary cleaning. Violations may also result in immediate eviction and forfeiture of rent. I, (Guest.FullName), expressly and irrevocably authorize Manager to charge my method of payment held on file any fine levied for smoking in a Manager property.
5. Accommodations. Manager appreciates that its accommodations offer different appointments, designs, layouts, locations, and that reservation holders want the peace of mind that they will stay in the specific units they selected. Accordingly, we will reserve for you the specific unit selected at the time of your reservation upon the receipt of payment and signed Agreement. Subject to availability for maintenance or other issues that may render the accommodations unsuitable for rental, and/or subject to the property remaining as a Manager accommodation at the time of the stay, guests will be placed in the specific unit set forth in their Agreement. Notwithstanding Manager’ efforts, if the specific unit reserved is unavailable for any reason, guests will be moved to a similar or upgraded accommodation of the same unit style and type. In no event will Manager be responsible for any direct or indirect costs, expenses, fees or other consequential damages/compensation resulting from the unavailability of a specific accommodation, changes to the design of the accommodation between booking and arrival, or unavailability of any services or advertised items at your accommodation. Guest understands that a move of accommodation is only as a last resort due to issues out of Manager’s control. Guests are not entitled to a refund if the replacement unit type, style or location is not to their individual satisfaction.
6. Pets. Pets are not permitted in any Manager property unless expressly approved before/at booking and pet rent is paid. Any approved pets are charged a non-refundable pet rent. If your plans change prior to arrival and you will not be bringing a pet, we are unable to refund this pet fee. Guests who violate this policy will be charged a one thousand dollar ($1,000) fine, plus the expense of any necessary cleaning automatically to their credit card on file upon the discovery of the violation. Violations may also result in immediate eviction and forfeiture of all payments. All pets must have their feces picked up and disposed of properly by the guest before departure. If Manager has to call the “doggy poop removal company”, there is a standard call out fee of $100. Notwithstanding this provision, Manager is committed to providing reasonable accommodation to protect the rights of guests with disabilities to bring service animals or emotional support animals under the terms of The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. If a guest needs a service animal or emotional support animal to ease the symptoms of a disability (as defined under the above Acts), he or she should request a reasonable accommodation, in writing, from the Manager at the time of their reservation or as soon thereafter as feasible. The request should state that the guest has a disability and explain how the requested accommodation will be helpful. In addition, the guest should include a note from his or her service provider, such as a doctor or therapist, verifying the need for the support animal. Guests need not disclose the details of their disability, nor provide a detailed medical history. Dog feces removal also applies to ADA animals. I, (Guest.FullName), expressly and irrevocably authorize Manager to charge my method of payment held on file any fine for non-disclosure of pets and/or feces removal.
7. Housekeeping. Your vacation accommodations will be cleaned to our quality standards prior to your arrival and after your departure. You will be responsible for the cleaning of your unit during your stay and for leaving the unit in good condition at check-out. We respectfully request that you remember that you are staying in someone’s home during your vacation; please treat it with the care you would your own. Your unit should have plenty of initial supplies of trash liners, toilet paper, bath soap, towels etc…. Please let us know upon arrival if any additional items are needed. All stays will be subject to a cleaning fee. Additional cleanings can be arranged during your stay for an additional fee if you prefer and can be arranged through your concierge. Should the property be found abnormally dirty at check-out, requiring additional cleaning over and above a standard checkout clean, you will be charged for the additional work at the standard rate of $75/hour. Charges are at the sole discretion of the Manager and are based upon the time spent at the property. Included in your rental booking are 3 hours of cleaning. Please ensure that any BBQ grills are cleaned thoroughly before departure. If a grill needs to be cleaned, we outsource grill cleaning and the cost is $150 per grill, charged to the guest’s credit card.
8. Minimum/Maximum stay requirements and Check-in restrictions. Some of our properties have minimum stay requirements and all of our properties have a maximum stay of 30 days or length of the month, whichever is shorter. Some homes have Check-in restrictions on Federal Public Holidays. If your reservation arrival is confirmed and it is on a Federal Public Holiday, (Property.Name) does not have a Check-in restriction.
9. Travel Protection Insurance: Travel insurance is available through a variety of Manager’s
recommended partners. In case of certain unforeseen events, this insurance may help protect your vacation investment. We strongly suggest http://www.virtravelinsurance.com and full information can be found on the website.
10. Cancellations and Changes. Cancellations: Your reservation at (Property.Name) may be cancelled by notifying the Manager in writing at least sixty (60) calendar days prior to your Check-In date (“Cancellation Period”). In such instances, the full amount of your reservation payments made at the time of your cancellation will be refunded, less a 25% of booking total administrative cancellation/change fee. In the event of cancellations made after the Cancellation Period, you will be responsible for the full amount of the total booking charges. Any refunds for cancellations made after the Cancellation Period has expired must be obtained from your travel insurance company and are subject to their policies, conditions and restrictions. In the event of an accommodation change as detailed in clause 5 above, all the terms in this cancellation clause still apply. Shortened stays: Your reservation at (Property.Name) may be shortened by notifying the Manager in writing at least sixty (60) calendar days prior to your Check-In date (“Cancellation Period”). There shall be no refunds for shortened stays if the payments already made exceed the booking total. If there is still a balance due on the booking after the revised booking cost is calculated, only the revised balance shall be due. If your request to shorten your stay is made after the Cancellation Period, you will be responsible for the full amount of the total booking charges. Any refunds for shortened stays made after the Cancellation Period has expired must be obtained from your travel insurance company and are subject to their policies, conditions and restrictions.
11. VIR Damage Protection Plan. As a part of your stay, a VIR Damage Protection plan designed to cover unintentional damages to the rental unit interior (not items such as sheets, towels and other ancillary items) that occur during your stay is included in your rental rate. THIS PLAN IS NOT INSURANCE AND SHOULD NEITHER BE CONSTRUED AS INSURANCE OR VIEWED AS REPLACEMENT FOR INSURANCE. The plan is optional, and the service can be declined if you so choose, however the plan must be replaced with a refundable security deposit equal to the policy maximum of $1,500. The plan covers these damages provided they are disclosed to management PRIOR TO CHECK-OUT. Any damages discovered by Manager after guest check out, but not reported by the guest, shall not be covered under this plan and the guest shall be solely responsible for the costs of the damage. If purchased, the policy will pay a maximum benefit of $1,500. Any damages that exceed $1,500 or are not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, a person listed on the booking causes any damage to real or personal property of the unit because of inadvertent acts or omissions, the Manager will pay for the cost of repair or replacement of such property up to a maximum benefit of $1,500. The guest is liable any damage over and above the VIR Damage Protection Plan coverage. I, (Guest.FullName), expressly and irrevocably authorize Manager to charge my method of payment held on file any damages to the property over and above the Damage Protection Plan and understand that the plan does not cover any items that were not disclosed to the Manager PRIOR TO MY CHECK OUT.
12. Garage Door Remotes / Electronic Access Cards / Keys. It is the tenant’s responsibility to ensure that the same number of Remotes, Access Cards and Keys are returned on the departure date. If you lose any of them during your stay, please contact us as soon as possible so that we can replace them for you for your continued convenience. Charges for replacement items are as follows: Garage Door Remotes $100 per remote, Electronic Access Cards $100 per card, House Keys are charged at $50 per key and Golf Cart Keys are charged at $150 per key. Any replacements will be billed to your security deposit, or credit card on file, and are not covered by the VIR Damage Protection Plan. I, (Guest.FullName), expressly and irrevocably authorize Manager to charge my method of payment held on file for any items listed above that require replacing.
13. Maximum Number of Guests. The maximum occupancy for the property you are booked at, (Property.Name), is (Property.Sleeps). The maximum number of guests per accommodation is based on the individual accommodation’s ability to comfortably and safely house our guests. Any additional full time adult guests over and above your stated number of (Contract.Adults) will be charged at a flat rate of $150 per additional guest up to the maximum occupancy of (Property.Sleeps). In accordance with Florida State Chapter, reservations made under false pretense are null and void and check-in will either not be allowed or guests will be asked to vacate the accommodations and forfeit rental payment if the violation is found after guests have already occupied the property.
14. Age Requirements. Some of Manager’s vacation accommodations may be required to adhere to the age restriction laws of the specific communities. You hereby agree that you are the required age to occupy the property and agree to adhere to all the same community regulations that a owner is required to adhere to. Non-age restricted community rentals are strictly family rentals absent exceptions being explicitly granted by Manager. Our minimum rental age for primary booking holder is 30. No units will be rented to vacationing students or young adults under the age of 30 unless unaccompanied by a responsible parent or guardian at a ratio of two (2) young adults to one (1) adult over the age of 40. A parent or guardian must be staying in the unit at all times. Guests who violate this policy are subject to immediate eviction and forfeiture of all rental payments. In accordance with Florida State Chapter, reservations made under false pretense are null and void and check-in will either not be allowed or guests will be asked to vacate the accommodations and forfeit rental payment if the violation is found after guests have already occupied the property. This policy includes reservations made by parents or guardians who do not check in, and/or who leave overnight during the length of the stay.
15. Pool Towels. Please bring your own pool towels, as we do not permit bath towels or linens to be taken from the unit except for laundering.
16. Maintenance. During your stay, promptly report any maintenance problems to the Manager. No refund or rate adjustment will be made for unforeseen failures such as the supply of electricity, water, pool filtration systems, air conditioning, telephone, television, cable service, appliances, malfunctioning Golf Cart etc. Call (352) 559-5000) to report maintenance issues or use our guest app. In order to protect our landlord’s properties, Manager reserves the right to enter the property at any time, with no prior notice for all and any maintenance issues or if there has been a complaint from neighbors that needs to be investigated.
17. Damage Policy. Guests are responsible for the property, its contents, and themselves during occupancy. Guests must lock windows and doors securely when not in the premises. Rearranging the furniture or removing any items from the unit is prohibited. After Check-Out, the Manager will inspect the unit for damage, missing items, and abnormally dirty appearance. If the Manager determines, in the manager’s sole discretion, that damage is present, items are missing, or the unit is abnormally dirty, the Manager will repair the damage, replace the missing items, and/or perform a deep clean of the unit at renter’s expense. Guest expressly and irrevocably authorizes Manager to charge the Guest’s method of payment held on file for any damages not covered by the damage plan, in excess of the VIR Damage Protection Plan to reimburse the Manager for any such expenses. It is company policy that should we need to charge additional cleaning, make a claim on the VIR Damage Protection Plan, the customer will be refused booking on any future reservations for the protection of our landlords and properties.
18. Hurricanes and Severe Weather. Guests covered by Insurance may be entitled to a refund or partial refund if the National Hurricane Center and our local governing officials issue a “Mandatory Evacuation” order for the location of your rental property, if you have purchased coverage before the storm was named. Any such refunds shall be subject to the terms, conditions and restrictions of the guest’s insurance policy. Refunds for cancellations or shortened stays due to actual or anticipated hurricanes, tropical storms or other inclement weather will not be issued by Manager under any circumstances.
19. Nearby Construction. There could be construction ongoing at properties adjacent to or close by the property being rented by guest. The rules regarding acceptable noise levels, start and finishing times, and other restrictions relating to any such construction are governed by local ordinances and/or community specific rules and regulations beyond the control of the Manager. As such, guest shall not be entitled to a refund relating to such construction. Notwithstanding this, the Manager will use its best efforts to ensure that the appropriate parties are notified and appropriate remedial action taken if Manager receives notice that the construction at issue may be in violation of any such regulations or ordinances.
20. Personal Property. The Manager is not responsible for any acts of theft or vandalism, or other damages to any personal property while staying at a Manager property. Upon Check-Out, all personal items left by the guest in the accommodation at departure become the property of the manager.
21. Payment Method. Please provide credit or debit card payment directly with one of our team members over the phone or via the online payment system if making a booking online. Payments will be automatically charged prior to your arrival using the same credit card if a paper check is not received by the due date. If you wish to change your payment method or update the card on file, please contact us a minimum of seven (7) days prior to the payment date or update your payment details in the guest payment portal that you will be notified of prior to a payment being due so that we can act upon your request.
22. International Guests. It may be more convenient for our International Guests to wire funds directly to Manager. Please note that all incoming domestic or international wires carry a $35 charge. This charge will be automatically posted to your account. For wiring instructions, please contact your reservations consultant.
23. No Subletting. The rental property may not be sublet. Your reservation is not transferable to any other party. In accordance with Florida State Chapter, reservations made under false pretense, including failure to notify subletting intentions, are null and void and check-in will either not be allowed or guests will be asked to vacate the accommodations and the rental payment will be forfeited.
24. Property Rules and Regulations. Please observe all rules and regulations governing the use of the property and neighborhood you are occupying. These rules apply to both owners and guests, and failure to comply can result in eviction. Manager reserves the right at any time to enter your rental property for the safety and security of neighbors and owners. Manager reserves the right at any time to evict and immediately terminate any rental agreement should in Manager’ sole opinion, the guest be violating or have violated any of the rules and regulations of the property and/or the neighborhood. No refunds will be given for early-terminated agreements.
25. Drug Free Housing. Manager adheres to a strict zero tolerance policy for the following: Guest agrees that no guest or other person under the guest’s control shall not engage in illegal activity, engage in any act intended to facilitate illegal activity, permit the property to be used for, or to facilitate illegal activity, including drug-related illegal activity, regardless of whether the individual engaging in such activity is party to the agreement or a guest of of the guest while staying in one of Manager’s properties. Violation of any of the above shall be a material violation of this agreement and immediate cause for termination of the agreement. The guest understands and agrees that a single-violation shall be cause for termination of the agreement and such violation shall be immediately reported to the appropriate authorities.
26. Zero Violence and Threat Tolerance. Manager adheres to a strict zero tolerance policy for the following: Guest agrees that no guest or other person under the guest’s control shall not engage in acts of violence or threats of violence to any member of Manager members, officers, employees, landlords, other guests, neighbors or any member of the public while staying at the property. Types of violence include, but are not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity, intimidation or any other physical or mental violence that could jeopardize the health, safety of welfare of any member of Manager members, officers, employees, landlords, other guests, neighbors or any member of the public. Violation of any of the above shall be a material violation of this agreement and immediate cause for termination of the agreement. The guest understands and agrees that a single-violation shall be cause for termination of the agreement and such violation shall be immediately reported to the appropriate authorities.
27. Bike Liability. By signing the Agreement electronically, guests who rent units that provide complimentary/paid for bikes further agree to the express terms, conditions and waivers set forth in the attached Bike Waiver and Damage Addendum.
28. Ownership of Rental Properties. All rental properties are owned by either private individuals or an entity other than Manager. We have a management agreement with the landlord to rent their property for them and a Specific Power of Attorney to execute this rental agreement on their behalf under Manager.
29. Licensure Disclosure. Under Florida Law we are hereby disclosing that Manager operates under a Hotels & Dwellings License issued by the Department of Business and Professional Regulation and is not required to operate under a Florida Real Estate License For the avoidance of doubt, this rental agreement is between Manager and Guest and is not a lease between Guest and Owner. The Guest ((Guest.FullName)) is signing on behalf of themselves and all (Contract.Adults) Adult Guests.
30. Credit/Debit Card Chargeback Fraud. The Fair Credit Billing Act (FCBA) of 1974 as an amendment to the Truth in Lending Act (codified at 15 U.S.C. § 1601) protects consumers from un-authorized charges by a merchant. The same act also protects merchants from chargeback fraud which applies to where a consumer fraudulently charges back a transaction to attempt to get a refund. Here at VIR, we take chargeback fraud very seriously and rigorously fight all invalid chargebacks. If there has been a billing transaction with you that is a valid mistake, please contact us and we will immediately rectify it with a refund. It is against the law to knowingly and willingly file a fraudulent chargeback and we report all these to state and federal authorities through our merchant processor. Due to the extensive administrative time, we have to spend on fighting fraudulent chargebacks, we will levy a $295 administration charge billed to your credit card on file once the chargeback is found in our favor. I, (Guest.FullName), expressly and irrevocably authorize Manager to charge my method of payment held on file any administration charge for false chargebacks.
31. Notices. All notices required or permitted under this Agreement will be in writing and sent by certified mail, return receipt requested, by USPS. The notice address for Manager is: MAIL – Value Integrity Results, LLC DBA The VIR Group, 2468 US Highway 441/27 Suite 104, Fruitland Park, Florida, 34731, United States of America; EMAIL – email@example.com. Any notice sent in the manner sent forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the third business day after deposited in the U.S. mail, (ii) in the case of overnight courier or hand delivery, upon delivery, and (iii) in the case of email the date of the email as evidenced by a delivery receipt.
32. Anti-Defamation Clause. Guest agrees not to attack/criticize Manager and any of its employees, associates, clients, landlords and 3rd party vendors publicly (on public forums, blogs, social networks, review sites, through private message boards etc) at any time before, during or after the contract period. Similarly, guest agrees not to seek for seo advice on seo forums, blogs, community groups or any social media in a way which brings bad name to the company or any of its employees, associates, clients, landlords and 3rd party vendors. In the specific relation to Clause 32, Anti-Defamation Clause, if guest fails to perform under this contract, Value Integrity Results, LLC DBA The VIR Group shall be entitled to liquidated damages equal to $1,000 for each individual instance of defamation as consideration of the value of damages caused, that due to the far reaching and extended time period involved in the nature of social media and the internet, are not readily and easily ascertainable. Should liquidated damages be sought, the liquidated damages will be in full and final settlement of any other claims for damages under this contract.
33. Applicable Law. This Agreement shall be governed by, construed under, and enforced and interpreted in accordance with the laws of the State of Florida, excluding its principles of conflicts of laws.
34. Venue, Jurisdiction, and Attorneys’ Fees. The exclusive venue for any civil action related to this Agreement or the course of dealings between the parties is the County and Circuit Courts sitting in Lake County, Florida. The parties hereby submit to the personal jurisdiction of all the courts in the previous sentence and agree not to challenge such jurisdiction. In any action, suit, or proceeding to enforce or interpret the terms of the Agreement or to collect any amount due hereunder, the prevailing party shall be entitled to reimbursement for all costs and expenses reasonably incurred in enforcing, defending or interpreting its rights hereunder, including, but not limited to, all attorneys’ fees and the costs expended in determining entitlement to and amount of such fees.
35. Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES.
36. Force Majeure. Notwithstanding any other provision of this Agreement, no party to the Agreement shall be deemed in default or breach of this Agreement or liable for any loss or damages or for any delay or failure in performance (except for the payment of money) due to any cause beyond the reasonable control of, and without fault or negligence by such party.
37. Indemnification of Manager and Manager’s Responsibilities Guest will defend, indemnify and hold Manager (including its members, officers, and employees), harmless from any and all claims, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees and costs of suit) incurred by Manager as a result of or arising out of the breach of this Agreement by guest. The indemnified party shall promptly notify the indemnifying party of any such claim and shall, at the request and expense of the indemnifying party, cooperate in the investigation and defense of such claim. Indemnification also includes false reviews or publicity of Manager with the intent to harm Manager’ business, it’s officers, members, landlords or other guests. To protect our other guests, landlords and staff, Manager reserves the right to cancel a guest’s reservation for any reason should the guest exhibit any disrespectful conduct either prior, or during their stay.
38. Severability. If any term or provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement.
39. Headings. Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to define, interpret, describe or limit the scope, extent or intent of this Agreement or any provision hereof.
40. Entire Agreement. This Rental Agreement constitutes the entire agreement between the parties and supersedes any prior agreement, understanding, marketing, online terms and conditions acceptance or verbal agreement among them respecting the subject matter hereof. There are no representations, arrangements, understandings or agreements, oral or written, relating to the subject matter of this Agreement, except those fully expressed herein. No waiver of any provision hereof shall be valid or binding on the parties hereto, unless such waiver is in writing and signed by or on behalf of the parties hereto, and no waiver on one occasion shall be deemed to be a waiver of the same or any other provision hereof in the future. Additional Waivers for Pool, Bike and Golf Cart do not form part of the rental agreement and are to be treated separately.
With your electronic signature to this Agreement, you agree that you have read, understand, and agree to all terms of this Rental Policies and Conditions agreement. You are also stating that your family, your guests, or anyone that shall be occupying the property at any time during your stay at (Property.Name) has read, understands, and irrevocably agrees to this Rental Agreement.
I, (Guest.FullName), have read all sections of this agreement in full, have express authorization to sign this contract on behalf of all guests that will be residing in (Property.Name) with me and accept full responsibility to provide all guests with a copy of executed document once signed.
Date signed: (Contract.Date)
Owner Management Agreement.
Date of last update: September 2nd, 2017