Thank you for choosing Vegvisits. These Terms of Use (the “Terms”) cover your rights and obligations relating to your access and use of the Vegvisits website, blog, and related services (the “Services”). Any reference to “we”, “our”, and “us” in this Policy refers to Vegvisits, LLC, which operates the Services. In addition to these Terms, please review the Vegvisits Privacy Policy, which describes our practices related to collection and use of your information to provide the Services. These Terms apply to our Privacy Policy as well. By using the Services, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.
PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES.
Do not hesitate to contact us via email (team@vegvisits.com) or through our "Contact Us” form on our website if you have any questions or want to discuss either of these important documents.
The Services are exclusively for those 18 years of age or older. BY USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. We do not intend that the Services be used by anyone under 13 years old. If we learn or have reason to suspect that a user is under 13 years of age, we will promptly delete any personal information in that user’s Account.
In addition to other words defined throughout these Terms, the following words shall have the following corresponding meanings:
- “Account” means the account established by a Member in order to post Listings as a Host, or to request and establish Bookings as a Guest.
- “Booking” means the result after (1) a Host accepts and confirms a Traveler’s request for travel accommodations, (2) we process the payment as described in these Terms, and (3) we provide the relevant location and contact details to both Host and Guest.
- “Host” means a Vegan or Vegetarian who posts a Listing on the Services.
- “House Rules” means the terms, conditions, or rules posted on a Listing and which the Host requires a Guest who seeks accommodations to follow. House Rules may include, and are not limited to, requirements for: Guests to uphold the Vegetarian Promise and/or the Vegan Promise, security deposits, additional dietary restrictions, any pet or smoking restrictions, check-in and check-out times, and any other rules in compliance with applicable laws.
- “Listing” means the public information provided by a Host to us about the accommodations available to rent by Guests as part of the Services. Listings shall include any House Rules. You acknowledge and agree that any information contained in your Listing may be available to the Vegvisits community, the general public, and may appear in related Internet searches.
- “Members” means Hosts and Travelers collectively.
- “Profile” means the information provided to us by Members to aid in the ease of using the Services including, but not limited to, personal details such as photos, hobbies/interests, location, dietary preferences or any other relevant personal details. You acknowledge and agree that any information contained in your Profile may be available to the Vegvisits community, the general public, and may appear in related Internet searches.
- “Guest” means one who seeks and/or books accommodations using the Services.
- "Rental Property" means the property of which the Listing is created that being rented out on Vegvisits to Guests.
- “Vegan”, for purposes of these Terms, means a person who abstains from the consumption of all animal-based food products including, but not limited to, red meat, poultry, seafood, eggs, dairy, beeswax, and honey.
- “Vegan Promise”, in the context of a Guest, means a representation and warranty made by a Guest that the Guest agrees to maintain a Vegan lifestyle and to not store, transport, or prepare any non-Vegan foods anywhere within the legal premises of the Host’s Rental Property during the time of the Guest’s scheduled stay. “Vegan Promise,” in the context of a Host, means a representation and warranty made by a Host that the Host lives in a strict Vegan home and does not store, transport, or prepare any non-Vegan foods anywhere within the legal premises of the Host’s Rental Property that is posted on a Listing, and has not done so for a period of at least three (3) months prior to creating a Listing.
- “Vegetarian”, for purposes of these Terms, means a person who abstains from the consumption of animal meat including, but not limited to, red meat, poultry, seafood, and the flesh of any animal.
- “Vegetarian Promise”, in the context of a Guest, means a representation and warranty made by a Guest that the Guest agrees to maintain a Vegetarian lifestyle and to not store, transport or prepare any non-Vegetarian foods anywhere within the legal premises of the Host’s Rental Property during the time of the Guest’s scheduled stay. “Vegetarian Promise,” in the context of a Host, means a representation and warranty made by a Host that the Host lives in a strict Vegetarian home and does not store, transport, or prepare any non-Vegetarian foods anywhere within the legal premises of the Host’s Rental Property that is posted on a Listing, and has not done so for a period of at least three (3) months prior to creating a Listing.
- “Verified”, indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Vegvisits about any Member, including of the member’s identity or background or whether the Member is trustworthy, safe or suitable.
The Services are provided to you solely as a platform to facilitate matching Guests seeking travel accommodations with Vegetarian and/or Vegan Hosts. We do not own or manage any of the properties listed as part of the Services. When a Guest and a Host collectively complete a Booking using the Services, the Guest and Host may enter into an agreement with each other regarding the terms and conditions of the Booking, including any House Rules imposed by the Host and the terms and conditions related to any Additional Services offered by the Host. The Guest and the Host must adhere to the agreed upon price at time of payment. Vegvisits may process the payment of the booking and shall withhold Host’s funds until after the Guest’s check-in. It is the responsibility of the Host and the Guest to make arrangements for the Guest’s arrival.
All Guests and Hosts are responsible for honoring the agreement between them, including any House Rules imposed by the Host as part of the Booking. We are NOT a party to any such agreement between Guests and Hosts, and we do not assume any responsibility for compliance with the terms of such agreement.
You understand and agree that (1) we are providing the Services solely as an independent platform to help connect Guests and Hosts to each other, (2) we are not a party to any agreement between Guests and Hosts established in the process of creating a Booking, and (3) we assume no responsibility or liability for any activities or claims that may arise from a Booking or from any use of the Services. You further understand and agree that we are not a contracting agent.
You agree that you will abide by all laws, rules, regulations, and agreements that may apply to you. Such laws may include, but are not limited to, land use laws such as zoning ordinances, permits, and licenses; homeowners association, condominium, lease, or rental agreements; local, state, and federal taxes; compliance with laws regarding safety; and any other applicable laws. We assume no responsibility for your compliance with any law, rule, regulation, or agreement. We reserve the right to investigate, and seek applicable remedies for, violations of applicable law to the fullest extent of the law.
You understand and agree that we neither are nor act as an insurer, and we do not provide insurance to any Member. We recommend that all Hosts and Guests obtain proper insurance for their accommodations prior to creating a Listing.
The Vegvisits community is a meat-free community. By using the Services, you agree that you will strictly uphold the Vegetarian Promise or the Vegan Promise (as applicable). Additionally, if you are a Host, you may include additional dietary restrictions in your House Rules, such as raw food, nut-free, or gluten-free. By including any additional dietary restrictions in your House Rules, you agree to strictly honor those restrictions within the accommodations that are part of your Listing. Similarly, if you are a Guest and make a Booking with a Host who has imposed additional dietary restrictions in his/her House Rules, you agree to strictly honor such restrictions during the time of your scheduled stay.
If a Guest violates the Vegetarian Promise and/or Vegan Promise (as applicable), we reserve the right to suspend or terminate that Guest’s Account.
If you use the Services as a Host, you may offer additional services, which may include, but are not limited to: yoga, Pilates, acupuncture, massage therapy, personal training, wellness coaching, or meal preparation (such services are collectively referred to as “Additional Services”). If you choose to offer Additional Services, you agree that you are solely responsible for compliance with all laws, rules, and regulations applicable to the Additional Services you offer through the Services including, but not limited to, any applicable licensing requirements, safety compliance obligations, taxes, and others. You acknowledge and agree that all Additional Services shall be arranged and paid for outside of the Services, and that we are not a party to any such arrangement or agreement for Additional Services.
We do not endorse or corroborate Member’s Listings, and we do not assume the responsibility to verify the accuracy and truth of the content of Members’ Listings. As such, we will not be responsible for any misrepresentation made by a Member on the Services with respect to any Additional Services offered by the Member.
A user without an Account can browse Listings on the Services. However, in order to post a Listing or to request a Booking, all Members must create an Account. As a Member, you are limited to one active Account. To create an Account, you must provide us with your name and email address. You will also need to establish a password for your Account. Please see our Privacy Policy, for more information on our practices related to collection and use of your data.
You are solely responsible for keeping your Account information, including password, safe. You may not use another Member’s Account. If you become aware of any unauthorized use of your Account, you must promptly notify us of such use. You agree that we will not be liable for any loss that you incur if someone else uses your Account or password, either with or without your knowledge, and that you will be solely responsible for such use, whether or not you authorized the use.
You can create a Vegvisits Account directly via the Site or Application using an email and creating a password. You can also register, via the Site or Application, through your account (“SNS Account”) with certain third-party social networking sites (“SNS”) such as Facebook. As part of the functionality of the Vegvisits Platform, you may link your Vegvisits Account with SNS Accounts, by either: (i) providing your SNS Account login information to Vegvisits through the Vegvisits Platform; or (ii) allowing Vegvisits to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You have the ability to disable the connection between your Vegvisits Account and your SNS Accounts, at any time, by accessing the “Trust and Verifications” section of the Site. Your relationship with SNS associated with your SNS accounts is governed solely by your agreement(s) with SNS. Vegvisits is not responsible for any SNS content.
As you are registering for your Vegvisits Account online, Vegvisits, subject to any applicable laws, may ask you to provide/upload proof of your identity. Such proof includes, without limitation, a copy of your driver’s license, passport or similar form of identification; a photo of you holding your form(s) of identification next to your face; or a video conference session.
In addition to the information required to create an Account, you will be able to provide us with information for your public Profile, which may include personal details that you provide voluntarily, such as city and state where you live, photos, hobbies, interests, place of work, dietary preferences, and other relevant information. By voluntarily including any information on your public Profile, you understand and agree that the information may be available to the Vegvisits community, the general public, and may appear in related Internet searches.
Information you provide that is only shared with Members with confirmed reservations includes your last name, complete address of listing, phone number and email address. Your date of birth will never be shared with any Members.
You agree to provide complete, accurate, and updated information regarding your Account and to update your public Profile as necessary to keep it complete and accurate. We may suspend or terminate your Account in the event that we determine that you have misrepresented information on your Account or your public Profile. You may not create a false identity on Vegvisits, misrepresent your identity, create a Vegvisits profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information.
We may, at our sole discretion, feature specific Listings, Hosts, and Travelers on the Services. You grant us permission to feature your Listing and/or Member Profile on the Services. You further acknowledge and agree that featured Listings and Members are not an endorsement by us, and that we are not responsible for the accuracy or content of such featured Listings and Members. Any Bookings made with featured Listings and Members are made at your own risk and are subject to these Terms.
As a Host, you will have the opportunity to create multiple property Listings as part of your Account. To create a Listing, you will provide us with applicable information about your accommodation, including the general location of the accommodation, dietary restriction, Additional Services, House Rules, pricing, and the amount (if any) of a Security Deposit.
In addition to the general location of the accommodation, which will be listed publicly on your Listing, you are required to provide us the complete address of your Listing location. This information will not be included in your Listing, but will only be visible to us and to the Guest once a Booking has been approved by you and completed by the Guest.
You agree to provide complete, accurate, and updated information regarding your Listing and to update your Listing as necessary to keep it complete and accurate. Once a Booking has been completed, you are required to provide accommodations consistent with your Listing. Failure to do so may result in cancellation fees and/or termination of your Account, as described in the Terms.
As part of our Services, you may voluntarily elect to verify your photo ID. You will be asked to upload a government ID, which could take the form of a driver's license, identity card or passport. Your government ID will remain private and be deleted immediately upon completing the verification process. Vegvisits reserves the right to require a Member to go through an ID verification process in order to use the Site. Once your ID has been verified, a check mark will appear on your public profile.
If you find Guests, Hosts and/or Listings through the Services, you must use the Services as your exclusive method to request, make, and receive all payments for the accommodations. You may not arrange, or attempt to arrange, travel accommodations outside of the Services with a Host or Guest that you found through the Services. If we determine that you have violated this non-circumvention policy, we may suspend or terminate your Account.
As a Host, you decide the Members with whom you transact. By approving the booking request of a Guest, you understand you enter into a legally binding agreement with this Guest. Vegvisits is not a party to, nor intervene in, to such contractual relationships between Members.
If you are a Host and a booking is requested for your Listing via the Vegvisits Platform, you will be required to either approve or reject the booking request within the time period indicated (“Request Period”), otherwise the booking request will be automatically cancelled. Different Request Periods may apply in different places.
When a booking is requested for your Listing, Vegvisits will share with you certain information useful for you, such as the first name of the Guest who has requested the booking and a link to this Guest’s Vegvisits Account profile page. Additionally, Vegvisits makes certain tools available to you, as a Host, to help you to make informed decision about which Members you choose to confirm for booking for your Listing. However, you acknowledge and agree that, as a Host, you are responsible for your own acts and omissions, including, without limitation, when deciding to approve a booking request.
When you approve a booking requested by a Guest, the Guest must complete the reservation by making their payment through Vegvisits. Once a booking is confirmed, Vegvisits will send you an email notification confirming this booking with included trip itinerary and Guest contact information.
You, as a Host, appoint and authorize Vegvisits as your payment collection agent solely for the limited purpose of accepting, holding and settling payment processing proceeds owed to you as part of your transactions with your Guests. You, as a Host, agree Vegvisits may refund the Guest in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Host, Vegvisits assumes no liability for any of the Host’s acts or omissions.
You, as a Host, agree that a payment made by a Guest through Vegvisits, shall be considered the same as a payment made directly to you. You agree that Vegvisits’s receipt of any amount due by the Guest for the booking satisfies the relevant Guest’s obligations to make payments to you. Accordingly, you will make the Listing available to the Guest in the agreed-upon manner as if you have received the payment directly.
Generally, Vegvisits will collect the payment from your Guest after you approve the Guest’s booking request and once the Guest confirms the reservation, or at any other time agreed upon between the Guest and Vegvisits.
Since Vegvisits acts as a payment collection agent to accept payments from Guests, you understand that Vegvisits’ obligation to pay you any funds is subject to and conditional upon successful receipt of such associated funds from Guests. Vegvisits guarantees payments to you only for such amounts that have been successfully received by Vegvisits from Guests in accordance with these Terms.
You, as a Host, understand and agree that the payout initiated by Vegvisits to you for the Guest’s payment due for the booking of your Listing (“Payout”) will be the Booking Fees, less applicable Host Fees (including possible applicable taxes, such as VAT) . Please note that Vegvisits cannot control any fees that may be charged to the Host by any third-party payment services providers who may impose their own additional charges on the Host for the use of their services, including by deducting their charges from the Payout amount.
Payouts will be remitted by Vegvisits to you via the payout instrument you have linked to your Vegvisits Account, such as direct deposit or PayPal account (“Payout Method”). You understand that Vegvisits will not be able to correctly process your Payout if the Payout Method of your choice is not valid. Payouts will be remitted by Vegvisits in the currency you selected via the Vegvisits Platform for your listing among supported currencies.
Usually, except when a refund is due to the Guest or you have not provided Vegvisits any mandatory tax-related information (where applicable), Vegvisits will release your Payout on the ending date of the booking (11AM local time of the check-out date).
You understand that Vegvisits may be required to delay the release of your Payout under any applicable local law. The time it takes for the Host to receive Payout once released by Vegvisits may depend upon the Payout Method you have chosen and its associated third-party payment services providers, which Vegvisits is not responsible for.
In cases in which a confirmed booking is then cancelled or modified, you, as a Host, agree that Vegvisits may refund the Guest of the appropriate portion or totality of the Booking Fees, in accordance with the Cancellation Policy (as defined below) you selected or any other applicable provisions of these Terms. If so, in the event you have already been paid, Vegvisits will be entitled to recover the amount of any refund from you, including by reducing any future Payouts by this refunded amount due to you.
If required by applicable law, you, as a Host, must provide Vegvisits with Taxes-related information (such as tax ID number), before a Payout is made to you. Accordingly, payment will be delayed until such time as you provide such Taxes-related information to Vegvisits, if applicable.
If you, as a Host, owe or agree to pay any amount via Vegvisits to Vegvisits (whether as a result of your bookings or actions as a Host or otherwise), then Vegvisits may (but is not obliged to) withhold the amount owing to Vegvisits from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to Vegvisits. If Vegvisits does so, then your obligation to pay Vegvisits will be extinguished to the extent of the amount withheld by Vegvisits, and Vegvisits will cease to owe to you any obligations (including, without limitation, any obligation to pay you) with respect to the amount withheld.
You, as Guest, can decide to book a Listing available on the Vegvisits Platform by following the respective booking process. All applicable fees, including the Booking Fee, Cleaning Fee, and Service Fee will be displayed to you before you send a booking request to a Host.
On receiving your booking request, the Host is required to either approve or reject it within the Request Period, as determined by Vegvisits. If the Host does not act either ways within the Request Period, the booking request will be automatically rejected.
Upon Host’s approval of your booking request, you are required to pay the Total Fees to Vegvisits in order to confirm the requested booking. You must confirm your booking and submit your payment within the 24 hour time period starting after a Host approves your booking request (“Payment Period”), or your booking request will expire.
Once the transaction for your booking is complete, you will receive an email summarizing your confirmed booking. Once confirm your reservation and submit your payment, you agree and understand that you enter into a legally binding agreement with the Host, that may be subject to any additional terms, conditions and requirements. Such additional terms, conditions and requirements imposed by the Host, may be, in particular, the applicable cancellation policy and any rules and restrictions specified in the Listing.
Vegvisits is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Vegvisits disclaims all liability arising from or related to any such agreements You acknowledge and agree that you, and not Vegvisits, will be responsible for performing the obligations of any such agreements between you and the Host. The Host, not Vegvisits, is solely responsible for honoring any confirmed bookings and making available any Listings booked by you.
You, as a Guest, may not bring any additional individuals to the location of the Listing unless such an individual was added by you as an additional guest during the booking process on the Vegvisits Platform. You are required to ensure that every additional guest is made aware of and agrees to these Terms and any terms, conditions and requirements imposed by the Host as specified in the Listing.
You should carefully review the description of any Listing you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to stay at a Rental Property. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your stay at a Rental Property.
You agree to pay Vegvisits the funds due under these Terms, including Total Fees for any confirmed bookings made in connection with your Vegvisits Account. Accordingly, you hereby authorize Vegvisits to collect such funds, including any due Total Fees, by charging the payment method that you added to your Vegvisits Account (such as a credit card, or debit card) (“Payment Method”), either directly or indirectly, via Third-Party Payment Processor(s) (as defined below).
You understand and agree that the collection process by Vegvisits takes place after a booking request has been approved by a Host. Only after the collection of the Total Fees will the booking be completed.Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.
You, as a Guest, acknowledge and agree that, notwithstanding the fact that Vegvisits is not a party to the agreement between you and the Host, Vegvisits acts as the Host’s payment collection agent for the limited purpose of accepting, holding and settling payment processing proceeds owed by you to the Host as part of your transactions with such Host. Upon your payment of the Total Fees to Vegvisits, your payment obligation to the Host for the agreed upon Services is extinguished, and Vegvisits is responsible for remitting the Booking Fees (less the Host Fees and any taxes in respect of the Host Fees, such as VAT in Europe), in the manner described in these Terms. In the event that Vegvisits does not remit any such amounts, such Host will have recourse only against Vegvisits and not you directly.
Please note that Vegvisits cannot control any fees that may be charged to a Guest by his or her bank related to Vegvisits’ collection of the Total Fees, and Vegvisits disclaims all liability in this regard.
To process a cancellation in a valid manner, you must select the confirmed booking through your Vegvisits Account and cancel it via the platform by clicking on the appropriate cancellation button. Alternatively, you can contact the Vegvisits support team to process the cancellation on your behalf; in such occasion, you will be required to confirm by writing your will to cancel the booking and your acknowledgement of the cancellation penalties that may apply pursuant to these Terms.
In the event, you, as a Host, have (i) clearly, seriously or repeatedly violated these Terms, any other Vegvisits policies, or clearly violated any applicable laws or third-party rights, or (ii) repeatedly received poor Rating or Reviews; or if Vegvisits (i) needs to comply with any legal requirements, (ii) receives complaints and evidences of your conduct, or (iii) believes in good faith that such action is reasonably necessary to prevent illegal activity and/or significant harm to Vegvisits, other Members or third-parties, you understand and agree Vegvisits may cancel, in its sole discretion, any confirmed booking. Cancellations by Vegvisits can occur any time until the beginning of the booking. Vegvisits will promptly notify the appropriate Host and Guest of such cancellation and will proceed to the appropriate refund and payouts. You agree that Vegvisits and the relevant Guest or Host will not have any liability for such cancellations or refunds.
Vegvisits allows the Host to choose, among a set of cancellation policy types, the one that works best for the Host. Both Guests and Hosts understand that, once the booking of a Listing is confirmed by the Host, the Cancellation Policy selected by the Host for such Listing can not be subsequently modified.
You, as a Guest, can cancel a confirmed booking at any time in accordance with the cancellation policy selected by the Host for the Listing you booked (“Cancellation Policy”). The applicable Cancellation Policy is detailed on the appropriate Listing as well as on the payment collection page before you confirm a booking.
After the Guest cancels a confirmed booking, Vegvisits will refund the Guest, and remit to the Host only the due portion of the Total Fees pursuant to the applicable Cancellation policy and these Terms.
You, as Guest, understand and agree that, regardless of the Cancellation Policy selected by the appropriate Host, the Vegvisits Service Fee is non-refundable.
If you, as a Host, cancel a confirmed booking, you understand that the integrality of the Total Fees paid by the Guest for such confirmed booking will be refunded to the Guest, within a commercially reasonable time. Accordingly, you, as a Host, are not entitled to receive any payment from the Guest who made the booking you cancelled. In the event you already have been paid for a booking you subsequently cancelled, you agree that Vegvisits will be entitled to recover such Payout amount from you, and you authorize Vegvisits to reduce any future Payouts by such Payout amount.
In the event of a confirmed booking is cancelled by the Host, Vegvisits may, but is not obliged to, use reasonable efforts to find and propose to the Guest an alternative available Listing. You remain, as a Guest, solely responsible for the booking of such alternative Listing pursuant to these Terms, and you agree to pay Vegvisits the Total Fees relating to the confirmed booking of such alternative Listing.
Vegvisits may impose a cancellation fee to the Host (that may be withheld from the future payouts of the Host). The conditions of application, and amount, of such cancellation fee will be notified to the Host before deciding to cancel.
If you, as Host, cancel a confirmed booking, Vegvisits may (i) publish an automated review on your Listing indicating that a reservation was cancelled, and/or (ii) keep the calendar for your Listing unavailable or blocked for the dates of the booking you cancelled.
If you, as Host, cancel a confirmed booking three times in one year, Vegvisits has the right to remove your Listing, as well as take away your hosting privileges.
In consideration for the use of certain parts of the Vegvisits Platform, Vegvisits charges fees to Hosts (“Hosts Fees”) and Guests (“Guest Fees”), collectively referenced as Service Fees. Where applicable, taxes, such as the value-added tax in Europe (“VTA”), may also be charged in respect of the Host Fees and Guest Fees.
The Host Fees are calculated as a percentage of the applicable price the Host sets for the booking of its Rental Property (not including any Taxes if applicable, and/or additional charges such as cleaning fees) (“Booking Fees”). The Host Fees will be displayed to the Host when the Host is asked whether to approve or reject a booking request from a prospective Guest. Vegvisits deducts the Host Fees from the Total Fees paid by the Guest before remitting the balance to the Host as described in these Terms.
The Guest Fees are calculated as a percentage of the applicable Booking Fees, by using a variety of factors, for example, the reservation subtotal, the length of the stay and/or the characteristics of the Rental Property. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host, as well as when Guests submit their payment to confirm the booking. Vegvisits includes the Guests Fees in the Total Fees paid by the Guest for the booking as described in these Terms.
Vegvisits reserves the right to change the Services Fees rates at any time.
Service Fees for both Hosts and Guests are refundable for cancellations made prior to Guest check-in time. If a cancellation is made after Guest check-in time, the Service Fees are non-refundable, except as otherwise expressly provided herein.
You, as a Host, may elect to require a security deposit in the Listing of your Rental Property (“Security Deposit”) in order to cover the cost of loss or damages your Guest may cause to the Rental Property or any personal or other property at your Rental Property (“Property Damages”). If so, you must specify such Security Deposit under the House Rules section in your Listing before the Guest makes a request for booking. Vegvisits may cap the amount of the Security Deposit you can require in your Listing. You are not allowed to require a Security Deposit after the request for or confirmation of a booking. You are strictly forbidden to ask for the payment of a Security Deposit of any kind, or by any mean, outside of the Vegvisits Platform for any booking made or to be made through the Vegvisits Platform.
You, as a Host, understand that the specification of a Security Deposit in your Listing will not have for consequence that the Guest will pay you such specified amount as part of the payment required to book such Listing. The payment of the Security Deposit or part of it may only occur in the presence of a Property Damage.
As a Host, you may file a Damage Claim within seven (7) days after your Guest checks-out of your Rental Property by first sending an email to team@vegvisits.com. Vegvisits will send you a form to complete and send back, where you will be required to set the requested amount you claim the Guest should pay, in the limit of the Security Deposit you specified in the appropriate Listing. The amount you request the Guest to pay shall be limited to cover the cost of the Property Damage and only such cost. You, as a Host, will also be asked to provide mandatory information in support of your Damage Claim, such as description and photographs of the damage and receipt of the damaged furniture.
On receiving a Damage Claim by Vegvisits, you, as a Guest, may either (i) agree on the payment requested by the Host, (ii) contest the requested amount by formulating a counter-proposal or (iii) fully deny the damages. In the event the Guest contests the requested amount, the Host may accept the counter-proposal or make a new and final proposal. In the event both the Host and Guest do not agree on a specific amount within ninety-six (96) hours after the Damage Claim was filed by the Host, or if the Guest fully deny the Damage Claim, the Host may (i) close the Damage Claim or (ii) require the Vegvisits mediation to settle the dispute. Please note that if the Vegvisits mediation is not required by the Host, the Damage Claim will be automatically closed seven (7) days after it was opened by the Host if the Host and the Guest do not agree with each other on a payable amount during this timeframe.
When Vegvisits provides its mediation for the Damage Claim, Members understand and agree that all determinations made by Vegvisits with respect to the Damage Claim, in particular the responsibility for, the gravity of the damage suffered and the amount the Guest must pay shall be final and binding on Members. You understand that in all determinations, Vegvisits may consider, in its determination, any local relevant practices and standards in relation with rental security deposits.
In order for Vegvisits to make any determination, you may be asked to provide information or document (such as photographs), in addition to what was already provided when first creating the Damage Claim. You understand the lack of solid evidence or effective cooperation can seriously affect, to your detriment, all determinations made by Vegvisits.
You agree to pay Vegvisits, as the Host’s payment collection agent, the total or partial amount of the Security Deposit as (i) agreed upon with the Host, or (ii) determined by Vegvisits under its mediation. Accordingly, you hereby authorize Vegvisits to collect such amount by charging your Payment Method, either directly or indirectly, via Third-Party Payment Processor(s) (as defined below). In the event Vegvisits is unable to collect the Security Deposit payment by charging your Payment Method, you understand and agree Vegvisits reserves the right to pursue any remedies available to Vegvisits, including, without limitation, recovery procedures in this regard.
Vegvisits will remit you the Security Deposit amount in a timely manner after, and only, collection of such amount from the Guest. Since Vegvisits act as a payment collection agent to accept payments from Guests, you understand that Vegvisits’s obligation to pay you any Security Deposit amount is subject to and conditional upon successful receipt of such amount funds from Guests. In the event Vegvisits is definitely unable to collect the Security Deposit amount due by the Guest, Vegvisits may offer you, in its sole discretion, to reduce the Host Fees you may pay to Vegvisits in the future by the Security Deposit amount the Guest should have paid to you.
You hereby authorize Vegvisits to collect from you (i) amounts due for any bookings made in connection with your Vegvisits Account, (ii) any other amounts due pursuant to these Terms and (iii) fees improperly paid to you.
You authorize Vegvisits to charge, as outlined in these Terms, your Payment Method or Payout Method that you have linked to your Vegvisits Account.
Any refunds or credits due to a Member pursuant to these Terms will be initiated and remitted by Vegvisits. If a Guest or Vegvisits decides for any reason to cancel a confirmed booking pursuant to these Terms, you agree that Vegvisits will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Terms. As a Host, you agree that in the event you have already been paid, Vegvisits will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
Vegvisits will process payments either directly or indirectly, by working with various third-party payment processors (“Third-Party Payment Processors”) or via one of the payment methods described on the Site or Application.
Vegvisits may charge fees for use of certain Services related to payments and payouts and any applicable fees will be disclosed to you via the Vegvisits Platform before you make or accept payments when using such Services.
In case there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to the collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
In the event Vegvisits has any doubt about a payment being fraudulent, Vegvisits will hold all related Booking Fees paid by the Guest until such times Vegvisits ensures such payment is non-fraudulent. To this end, Vegvisits may require any necessary documents to verify the payment, including, without limitation, identification documents of the holder of the bank/credit card used to make the payment or proof of residence from the Host. If Vegvisits confirms the payment is non-fraudulent, Vegvisits will process the payout of all Booking Fees to the Host. Otherwise Vegvisits will refund all Booking Fees to the Guest’s credit card (which may take up to four (4) weeks).
Vegvisits will take steps, directly or indirectly (via third-parties such as your bank) to rectify any payment processing errors that Vegvisits becomes aware of. These steps may include crediting or debiting (as appropriate) the same Payment Method or Payout Method used for the original Payment by or Payout to you, so you end up receiving or paying the correct amount. You agree that in the event you have already been paid, Vegvisits will be entitled to recover the amount of any payment errors, including by subtracting such amount out from any future Payouts due to you. Vegvisits will use reasonable measures to try to correct any payment processing errors that Vegvisits becomes aware of after you report an error in writing to us.
You must link to your Vegvisits Account to a Payment Method or Payout Method in order for Vegvisits to, respectively, collect from or remit payment to you. When you do so, you will be asked to provide customary billing and/or banking information, such as name on the account, billing address and credit card or bank account information either to Vegvisits or its Third-Party Payment Processor(s).
When you add or use a new Payment method, Vegvisits may verify the Payment Method by (i) authenticate your account via a third-party payment services provider, or (ii) pre-authorizing a nominal amount. In such cases, Vegvisits will release the hold once the verification terminated. For further verification, Vegvisits may also require you to upload a billing statement. You authorize Vegvisits to perform these verifications on your Payment Method and Payout Method.
You must provide accurate, current, and complete information when adding a Payment Method or Payout Method. You must keep your Payment Method and Payout Method up-to-date at all times. You understand that Vegvisits is not responsible for any funds transaction failure or loss due to incorrect Payment Method or Payout Method information provided by you.
You understand applicable third-party payment services providers associated with your Payment Method or Payout Method may (i) charge you additional fees when Vegvisits processes payments from you or to you, and (ii) impose delays on your payment. Vegvisits is not responsible for any such fees and/or delays and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions, and privacy policies, imposed by the applicable third-party payment services providers, that you should review before linking your Payment Method or Payout Method to your Vegvisits Account.
Vegvisits works with one or various Third-Party Payment Processor(s) to enable Hosts to accept payments from Guests.
You understand and agree Vegvisits is not responsible for (i) the ability of Third-Party Payment Processors to make their payment services it provides available at any times, (ii) any delays in the provision of payment services by Third-Party Payment Processors, and (ii) the damageable acts and omissions of Third-Party Payment Processor in providing payment services to you.
Vegvisits’s payment services may incorporate or link to Third-Party Payment Processors websites or resources. Such website or resources are subject to different terms and conditions and privacy policies and Members should review them independently. You understand Vegvisits is neither responsible nor liable for the availability or accuracy of such websites or resources.
Your access to or use of certain payment services provided by Third-Party Payment Processors may be subject to, or require you to accept, additional terms and conditions and privacy policies. If there is a conflict between these Terms and applicable terms and conditions of a Third-Party Payment Processor, the latter terms and conditions will take precedence with respect to your use of or access to the payment services, unless specified otherwise.
Payment services for the collection of payments by Guests (at the exception of transactions described below in section 15.3.6), and a majority of the payment services for the Payouts to Hosts, are currently provided by PayPal and are subject to the PayPal User Agreement. By agreeing to the present Terms or continuing to use the Services, you agree to be bound by the PayPal User Agreement, as the same may be modified by PayPal from time to time. As a condition of Vegvisits enabling payment services through PayPal, you agree to provide Vegvisits accurate and complete information about you and/or your business, and you authorize Vegvisits, as applicable, to share with PayPal this information and transaction-related information associated to your use of the payment services provided by PayPal.
Another payment service for the Payout to Hosts is currently provided by Stripe and are subject to the provisions of the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to the present Terms or continuing to use the Services, you agree to be bound by the Stripe Services Agreement, which may be modified periodically by Stripe.
Vegvisits online platform facilitates bookings between Members who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Vegvisits Platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate for the amount of one (1) currency that must be paid to buy a certain amount of another currency at a given time. Currency conversion rates will vary from time to time.
Third-party payment services providers (such as PayPal, your credit or bank card issuers) will use a currency conversion rate for and may impose a currency conversion fee on your Payment or Payout, if your Payment or Payout Method is denominated in a currency that is different from the currency in which (i) a Guest has to pay for his or her booking or any other due amounts pursuant to these Terms, or (ii) a Host is paid for the booking of a Listing or any other due amounts pursuant to these Terms. All of these currency conversion rates and fees are not controlled by or known to Vegvisits. As a Host, you acknowledge and agree that third-party payment services providers and/or bank or wire transfer fees may be deducted from your Payouts.
Vegvisits shows the price of Listings in different currencies does not include any fee or mark-up by Vegvisits (“Base Exchange Rate”). Vegvisits (i) establishes the Base Exchange Rate using data from one or more third-parties such as Coinbase (coinbase.com), and (ii) updates the Base Exchange Rate on a regular basis, but not on a real-time basis. Accordingly, you understand the Base Exchange Rate displayed on the Vegvisits platform is shown for Member convenience purposes only, and will not be the same as the currency conversion rate applied at the time of Payments and Payouts by third-party payment service providers.
As a Host, you understand and agree that you are solely responsible for knowing and complying with local tax regulations. In particular, you are responsible in determining your obligations to mention in your Listing, collect, report and/or remit to the appropriate local governmental agencies, departments or authorities (“Tax Authorities”) any applicable income taxes, value added taxes, sales taxes, Occupancy Taxes (as defined below) and/or any other applicable taxes (collectively “Taxes”).
Tax regulations may require Vegvisits (i) to collect appropriate Taxes-related information from users and share it to the appropriate Tax Authority (e.g. in the form of an official tax document to be filled by the Hosts), and/or (ii) withhold Taxes from Payouts to Hosts (such as the income tax). You are solely responsible for keeping the Taxes-related information current, complete and accurate. If you fail to provide Vegvisits with Taxes-related information that Vegvisits determines to be sufficient to alleviate its obligation, if any, to withhold payments to you (e.g. where you are a U.S. Host and you fail to provide Vegvisits with a completed IRS Form W-9 when necessary), Vegvisits reserves the right to freeze all payouts to you and/or withhold any amounts as required by law, until resolution.
You understand and acknowledge that the Tax Authority where your Rental Property is located may require you, as a Host, to collect taxes from your Guests for the right to use and/or occupy your Rental Property, and to remit such taxes to the appropriate Tax Authority. Such taxes may be locally referred to as “occupancy taxes”, “hotel taxes”, “lodging taxes”, “transient taxes”, “sales and use taxes”, “value added taxes”, “room taxes”, “tourist taxes” or other titles ("Occupancy Taxes"). The laws in jurisdictions may vary, but Occupancy Taxes are generally required to be collected and remitted as a percentage of the rent paid by the Guest, a set amount per Guest and per day, or other variations.
On or after the final day of a scheduled Booking, Guests and Hosts will each be prompted to write a summary of their experience (a “Review”). You acknowledge and agree that Reviews will be included on your public Profile or Listing and will be available to the Vegvisits community and the general public. You acknowledge and agree that you will not be able to delete, modify, or hide a Review left by a Member. Further, you acknowledge and agree that you may not provide any form of compensation or remuneration to another Member in exchange for a favorable Review.
As part of the Services, we will maintain a blog and other information on the Vegvisits platform. The material posted on the blog, or elsewhere as part of the Services, is strictly for informational purposes and shall not be construed or relied upon as professional advice of any kind including, but not limited to, medical, legal, tax, or other professional advice.
As an integral part of our Services, you have the ability to provide us with information about yourself through your Account, by giving us access to information collected by third parties, and by distributing information about yourself on our Services. By providing this information, you grant us the right to distribute, reproduce, and submit this information as described in these Terms and our Privacy Policy. Further, by providing us with information about you through our Services, you represent that you own, or have the authority to distribute, the information.
We take claims of intellectual property infringement seriously. As such, we reserve the right to suspend and/or terminate the Account of any Member who is found to have infringed on the intellectual property rights of Members, third parties, or us, or otherwise is found to have violated any intellectual property laws. In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on our Services, and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:
Vegvisits, LLC
1754 Malvern Hill Circle, #301
Celebration, FL 34747
(347) 709-6002
team@vegvisits.com
Although you may provide information as part of your use of the Services, you agree to be respectful of others’ intellectual property rights. You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property laws or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third party rights caused by any information that is generated from your Account.
Our Services may be integrated with services provided by third parties as part of the functionality of the Services including, but not limited to, third party payment processors and identity verification. We have no control over third parties and make no guarantees about, and assume no responsibility for, the information or services provided by third parties.
Additionally, we may provide links to third-party websites and businesses. You acknowledge and agree that we are not responsible for the accuracy, content, or functionality of services provided on or by such third-party websites or businesses, and we do not endorse, nor assume any liability related to your use of, such websites or businesses in any way.
At any time, you may terminate your Account by by sending an email to team@vegvisits.com . When you terminate your Account as specified above, we will remove your information from our servers within a reasonable amount of time, unless we are required to retain your information by law as described in our Privacy Policy.
We reserve the right to suspend or terminate your Account, or take other action to prevent your access to our Services, if we, in our sole discretion, deem that such action is necessary based on: your use of the Services in a way that would potentially expose us to liability; disruption of the Services by you to other Members; your violation of these Terms or our Privacy Policy; your violation of any applicable House Rules including, but not limited to, the Vegetarian Promise and/or the Vegan Promise (as applicable); or your violation of any applicable laws, rules, regulations, and agreements that may apply to you.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your access and use of the Vegvisits Platform. In connection with your access and use of the Vegvisits Platform, you will not and you agree that you will not advocate, encourage, or assist any third-party to (i) violate any local, state, provincial, national, or other law or regulation, or any order of a court and any agreement with any third-parties; or (ii) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights. In connection with your access and use of the Vegvisits Platform, you will not and you agree that you will not advocate, encourage, or assist any third-party to:
- Breach these Terms and Policies included herein by reference;
- Submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- Offer as a Host any Rental Property that you do not yourself own or have permission to make available to be leased or subleased, through the Vegvisits Platform, pursuant to any applicable law or the terms and conditions of an agreement with a third-party, including, without limitation, a property rental agreement;
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- Unless Vegvisits explicitly permits otherwise, book any Listing if you will not actually be using the services you booked yourself;
- Contact any Member for any purpose other than asking a question related to a booking, Listing Rental Properties or the Member’s use of the Vegvisits Platform;
- Recruit or otherwise solicit any Member to join third-party’s websites, applications or services without Vegvisits’s prior written approval;
- Use the Vegvisits Platform for any commercial or other purposes that are not expressly permitted by these Terms;
- Use the Vegvisits Platform to find a Host or a Guest and then complete a booking of a Rental independent of the Vegvisits Platform, in order to circumvent the obligation to pay any Service Fees or for any other reason;
- Request, accept or make any payment for Booking Fees and Security Deposit outside of the Vegvisits Platform. If you do so, you acknowledge and agree that you (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payments, and (iii) hold Vegvisits harmless from any liability for such payments;
- Use the Vegvisits Platform or Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a Rental Property;
- Access content or data not intended for you, or logging onto a server or Account that you are not authorized to access;
- Copy, store or otherwise access any information contained on the Vegvisits Platform, including without limitation, personally identifiable information about any other Member, in any way that inconsistent with these Terms, the Vegvisits Privacy Policy or that otherwise violates the privacy rights of any other person;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Vegvisits or any of Vegvisits’s providers or any other third-party (including another user) to protect the Vegvisits Platform and/or personal data of any other users;
- Use, display, mirror or frame the Vegvisits Platform or Content, or any individual element within the Vegvisits Platform, Vegvisits’s name, any Vegvisits trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Vegvisits Platform, without Vegvisits’s express written consent;
- Dilute, tarnish or otherwise harm the Vegvisits brand in any way, including through unauthorized use of Content, registering and/or using Vegvisits or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Vegvisits domains, trademarks, taglines, promotional campaigns or Content;
- Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Vegvisits Platform and Content;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Vegvisits Platform;
- Forge any TCP/IP packet header or any part of the header information in any email or in any posting using the Service;
- Access, tamper with, or use non-public areas of the Vegvisits Platform, Vegvisits’s computer systems, or the technical delivery systems of Vegvisits’s providers;
- Reproduce or circumvent the navigational structure or presentation of the Site and Application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site or Application;
- Probe, scan or test the vulnerability of the Vegvisits Platform or any network connected to the Site or Application, nor breach the security or authentication measures on the Vegvisits Platform or any network connected to the Vegvisits Platform; or
- Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Vegvisits Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
In connection with your access and use of the Vegvisits Platform, you will not, and you agree that you will not advocate, encourage, or assist any third-party to (i) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or (ii) otherwise engage in any violent, harmful, abusive or disruptive behavior.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Vegvisits Platform. In connection with your access and use of the Vegvisits platform, you agree that you will not post, upload, publish, submit or transmit any Member Content, that: (i) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vi) promotes illegal or harmful activities or substances. If you post inappropriate content, Vegvisits will remove such content from our servers, and we may suspend or terminate your Account.
If you stay with or host anyone who you feel is acting or has acted inappropriately, including anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other illegal or disturbing conduct, you must immediately report such person to the appropriate authorities and then promptly (no later than twenty-four (24) hours after reporting to authorities) to Vegvisits by contacting the Vegvisits Customer Support with your police station and report number. You understand and agree that the provision of any police report will not obligate Vegvisits to take any action beyond that required by law (if any) or cause Vegvisits to incur any liability to you.
The software, including all files and images contained in the Services, and accompanying data (“Software”) are the property of us. As part of these Terms, we grant you a nonexclusive, nontransferable, and revocable license to use the Software for your personal home use. You may not use the Software for non-personal, commercial use. You may not sell, redistribute, or reproduce the Software. You also may not decompile, reverse-engineer, disassemble, or otherwise convert the Software without our permission. This section does not apply to any component of Software that may be offered under an open source license.
If you use the Vegvisits Platform and the Content, you do so at your sole risk. The Vegvisits Platform and the Content and are provided “as is”,without warranty of any kind, either express or implied. Vegvisits explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Vegvisits makes no warranty regarding the quality of any Listings, Rental Properties, or the accuracy, timeliness, truthfulness, completeness or reliability of any materials obtained through the Vegvisits Platform. Vegvisits makes no warranty that the Vegvisits Platform will meet your requirements or expectations, or be available on an uninterrupted, secure, or error-free basis.
You assume the risk of staying at a Rental Property and using any of the facilities or objects you find in a Rental Property. Vegvisits disclaims all liability for any accidents, including, without limitation, lifelong injuries, drownings and deaths, at a Rental Property.
Any actual or potential agreement or transaction between Members, including a Guest and a Host, including the quality, condition, safety or legality of the Rental Properties, and the truth or accuracy of the Listings, Reviews and Ratings (including the content thereof or any review relating to any Rental Property), the ability of Members to rent a Rental Property or propose an activity or a service as an Experience, or the ability of Members to contract for Rental Properties, are solely the responsibility of each Member and not the responsibility of Vegvisits.
Vegvisits makes no representations or warranties as to the conduct of users of the Vegvisits Platform or their compatibility with any current or future users of the Vegvisits Platform. Vegvisits has no control over the conduct of Hosts, Guests and other users of the Vegvisits Platform and explicitly disclaims all liability for any acts or omissions of any Hosts, Guests or other third-parties, including, without limitation, for sexual or other assault, moral or physical harassment, discrimination and/or physical aggression. You acknowledge and agree that Vegvisits is not obligated to conduct identity verification or background checks on any Member, but may conduct such background checks in its sole discretion. If Vegvisits chooses to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, Vegvisits disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You solely are responsible, and agree to take reasonable precautions, for all of your communications and interactions with other Members and with other persons with whom you communicate or interact as a result of your use of the Vegvisits Platform, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Vegvisits or not. You understand that Vegvisits does not make any attempt to verify the statements of Members or any other users of the Vegvisits Platform, or to review or visit any Rental Properties, or any businesses or places reviewed by a Member.
You acknowledge and agree that you, as a Host, are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Rental Property at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Rental Property, if applicable).
You agree that you have had whatever opportunity you deem necessary to investigate the Vegvisits Services, laws, rules, or regulations that may be applicable to your Listings and/or the services you are offering as a Host or that you book as a Guest. You agree you are not relying upon any statement of law or fact made by Vegvisits relating to a Listing. No advice or information, whether oral or written, obtained from Vegvisits or through the Vegvisits Platform, will create any warranty not expressly made herein.
By using the Vegvisits Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Vegvisits with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Vegvisits Platform regarding any Reviews, Bookings or Listings posted or made by you. This limitation shall not apply to any claim by a Host against Vegvisits regarding the remittance of payments received from a Guest by Vegvisits on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “limitation of liability”.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING FROM ANY CLAIM RELATED TO PERSONAL OR BODILY INJURY IN CONNECTION WITH THE USE OF THE SERVICES, ANY VIOLATIONS OF HOUSE RULES AND OTHER ASPECTS OF AGREEMENTS BETWEEN HOSTS AND TRAVELERS, ANY VIOLATIONS OF APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS (INCLUDING, BUT NOT LIMITED TO, LAND USE LAWS SUCH AS ZONING ORDINANCES, PERMITS, AND LICENSES; HOMEOWNERS ASSOCIATION, CONDOMINIUM, LEASE, OR RENTAL AGREEMENTS; LOCAL, STATE, AND FEDERAL TAXES; COMPLIANCE WITH LAWS REGARDING SAFETY; AND ANY OTHER APPLICABLE LAWS). THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.
EXCEPT AS EXPRESSED OTHERWISE IN THESE TERMS, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES EXCEED THE FOLLOWING: IF YOU ARE A TRAVELER, THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; IF YOU ARE A HOST, THE AMOUNTS PAID BY US TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; IF, EITHER AS A TRAVELER OR A HOST, NO PAYMENTS HAVE BEEN MADE BY YOU OR TO YOU, ONE HUNDRED DOLLARS ($100.00), AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In the event that someone brings a claim against us related to your actions, content, or information on our Services, you agree to indemnify, defend, and hold us and our agents harmless from and against any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Services in the following manner: first, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at team@vegvisits.com). Second, if we cannot resolve the dispute within 15 days of submission, we both agree to attempt in good faith to resolve the dispute through mediation administered by the American Arbitration Association under its Commercial Mediation Procedures, the costs of which shall be divided equally between you and us. Third, if we cannot resolve the dispute through informal resolution and mediation, we both agree to participate in binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. We both agree that, in the event of arbitration (or in the event of a lawsuit if this arbitration clause is deemed invalid or does not apply to a given dispute) the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). The forum for mediation or arbitration required by this section shall be in Osceola County in Florida, unless otherwise agreed to in writing by you and us.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.
These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law provisions. In the event that a lawsuit is filed where permitted under the provisions above, or in the event that the provisions above are found not to apply to you or a given dispute, we both agree that any judicial proceeding will be brought in the federal or state courts of Osceola County in Florida. Both you and we consent to venue and personal jurisdiction there.
If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
As we improve our Services, we may add to, change, update, or modify these Terms. Any time that we plan on making a material change to these Terms, we will notify you at least 30 days prior to making the change by sending you an email. If you continue to use the Services after that 30 day period, you consent to the new Terms. We will always have the latest version of these Terms posted on our website.
We encourage you to provide input, questions, concerns, comments, and any other relevant information to us to help us improve the quality of the Services. Additionally, please let us know of any suspicious or offensive behavior or anything that violates these Terms. You can reach us either via the "Contact Us" section of our website or via e-mail at team@vegvisits.com.
The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms in any way.