Terms of Service
Last Updated: September 21s, 2021
Please read these Terms of Service (“Terms”) carefully. They contain important information about your rights legally. By using the staycation4less.com platform, you agree to comply with these Terms.
These Terms constitute a legally binding agreement (“Agreement”) between you and GO staycation4less.com (“staycation4less.com ”) and governs your access to the staycation4less.com website.
Hosts alone are responsible for identifying, understanding, and complying with the rules and regulations set forth by their Vacation Club, Resort, or Timeshare Company before publishing a Listing on staycation4less.com .
When these Terms mention “staycation4less.com ,” “we,” “us,” or “our,” it refers to GO staycation4less.com .
The goal of the staycation4less.com platform is to facilitate use, and a financial transaction, between individual timeshare owners and guests. These guests want to have use of the individual’s timeshare property where the individual is not using the aforementioned timeshare. Policies may vary between timeshare brands and as such each timeshare owner must ensure that their listing, points, or weeks are legally eligible to allow for guest certificate transfer and are not renting purely for profit or commercial use. In every event staycation4less.com will not be held liable under any circumstances for any and all direct contributory factors where an owner fails to follow their brand’s legal obligations in relation to renting.
TABLE OF CONTENTS
- 1. Non Commercial Use
- 2. Scope of staycation4less.com Services
- 3. Eligibility, Using the staycation4less.com Platform, Member Verification
- 4. Modification of these Terms
- 5. Account Registration
- 6. Content
- 7. Service Fees
- 8. Terms Specific for Hosts
- 9. Terms Specific for Guests
- 10. Cancellations and Refunds, Customer Service, Booking Modifications
- 11. Ratings and Reviews
- 12. Damage to Accommodations, Disputes between Members
- 13. Rounding off, Currency Conversion
- 14. Taxes
- 15. Prohibited Activities
- 16. Term and Termination, Suspension and other Measures
- 17. Disclaimers
- 18. Liability
- 19. Indemnification
- 20. Feedback
- 21. General Provisions
- 22. Third-Parties
- 23. Governing Law and Dispute Resolution
- 24. Terms Related to Promotions and Promo Codes
- 25. Covid-19
1. Non Commercial Use
I agree usage of this staycation4less.com ’s Platform, Request Hub and Concierge service is for non-commercial use and any income remitted is intended to be used to maintain solvency on my maintenance fees and/or monthly payments related to my timeshare ownership.
2. Scope of staycation4less.com Services
The staycation4less.com Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the staycation4less.com Platform (“Listings”) and to transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation and other properties for use (“Accommodations”). These Accommodations are located within Resort properties (“Resorts”) that are managed and maintained by third parties including but not limited to Vacation Clubs or Timeshare Companies.
Hosts alone are responsible for their Listings, and are subject to Host Terms of service. When Members make or accept a Booking of a Listing (“Booking”), they are entering into a contract (“Booking Agreement”) directly with each other (See Section 23). staycation4less.com is not a party to any contractual relationship between Members. staycation4less.com is not acting as an agent for any user, except as specified in issuing payments.
While staycation4less.com may help facilitate the resolution of disputes (See Section 22), staycation4less.com does not have control over the quality, suitability, or legality of any Listing. staycation4less.com does not endorse any Member or Listing. Any reference to a Member being “verified” only indicates that the Member has completed an identification process and nothing else. Such descriptions are not an endorsement, certification, or guarantee by staycation4less.com about any Member.
The staycation4less.com Platform may contain links to third-party resources, such third-party resources are subject to different terms of service and privacy policies. staycation4less.com is not responsible for the availability or accuracy of these third-party services.
Because of the nature of the internet, staycation4less.com cannot guarantee the continuous and uninterrupted availability of the staycation4less.com Platform. staycation4less.com reserves the right to restrict the availability of the staycation4less.com Platform or to conduct site maintenance that improves the functions of the staycation4less.com Platform. staycation4less.com may enhance or modify the staycation4less.com Platform periodically from time to time.
3. Eligibility, Using the staycation4less.com Platform, User Verification
To be eligible to use the staycation4less.com Platform you must be an individual at least 18 years of age. Member verification on the internet is complex, staycation4less.com does not assume responsibility for the confirmation of a Member’s identity. For transparency and fraud prevention purposes as permitted by applicable laws, staycation4less.com may, but have no obligation to (a) ask Members to provide a form of government identification or conduct additional checks to help verify identities or backgrounds of Members (b) screen Members on third party databases (c) obtain reports from public records of criminal convictions or sex offender registrations.
4. Modification of These Terms
staycation4less.com reserves the right to modify these Terms at any time. If staycation4less.com makes changes to these Terms, we will publish the revised Terms on the staycation4less.com Platform and update the “Last Updated” date at the top of these terms. We will also provide users a notice of the modifications by email at least (30) days before the date they become effective. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the staycation4less.com Platform will constitute acceptance of the revised Terms.
5. Account Registration
You must register an account to access features of the staycation4less.com Platform, such as creating a Listing or booking a Listing.
You can register a staycation4less.com account using a verified email address and creating a password, or by using certain third-party social networking services, like Facebook (“SNS Account”). You have the ability to disable the connection between your staycation4less.com account and your SNS Account at any time.
You must provide accurate, current, and complete information during the registration process and maintain the correct up-to-date information of your staycation4less.com account at all times. You may not assign or otherwise transfer your staycation4less.com account to another party. You are responsible for maintaining the confidentiality and security of your staycation4less.com account credentials, you may not disclose your credentials to a third party. You must notify staycation4less.com if you know of or suspect that your credentials have been lost, stolen, or compromised.
You will not use, copy, adapt, modify, license, transfer, or sell the staycation4less.com Platform and it’s collective content, except to the extent permitted in these Terms.
Subject to your compliance with these Terms, staycation4less.com grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable, license to access and view any collective content made available on or through the staycation4less.com platform and accessible to you, solely for your personal and non-commercial use.
7. Service Fees
staycation4less.com charges commission fees to Hosts (“Host Fees”) and/or Guests (“Guest Fees”) (collectively, “Service Fees”) in consideration for the use of the staycation4less.com Platform. The introductory Host Fee is 8% of a booking. The Guest Fee is 5% which covers taxes and credit card processing. Resort Fees (“Resort Fees”) may be collected at the Accommodation at check-in or check-out, which may include, but not limited to; amenities, incidentals, utility surcharges, security deposit, telephone use charges, service charges, personel charges, amenity usage, housekeeping, occupancy tax or applicable taxes. It is the responsibility of the Host to disclose any applicable Resort Fees that a Guest may be charged. These fees are determined and levied by the Accommodation and are the responsibility of the Guest to pay at the Accommodation.
Any applicable Service Fees (including applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. staycation4less.com reserves the right to change the Service Fees at any time, and will provide members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
You are responsible for paying any Service Fees that you owe to staycation4less.com . The applicable Service Fees (including any applicable Taxes) are collected by staycation4less.com . staycation4less.com will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by staycation4less.com . Except as otherwise provided on the staycation4less.com Platform, Service Fees are non-refundable.
8. Terms Specific For Hosts
Terms applicable to all listings
As a Host, you must be legally able to rent the Accommodation in your Listing during the designated time period indicated in the calendar availability.
As a Host, you are responsible for maintaining a trusted marketplace by adhering to the following;
- Provide accurate information: You must provide complete and accurate information about your Listing (such as location, unit type, calendar availability, or Resort Fees incurred at the resort).
- Be responsive: Maintain a high response rate by replying to Booking requests within 24 hours.
- Accept Booking requests: Make Guests feel welcome by accepting requests whenever you’re available.
- Avoid cancellations: We take cancellations seriously and ask all hosts to avoid cancelling on Guests – their travel plans depend on it. Account suspension may result from a Host cancelling or declining a Booking from their Guest.
- Maintain a high overall rating: Guests like to know they can expect a consistent level of quality, no matter where they book.
You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times. By uploading a Listing with a Reservation Number, you are providing consent to staycation4less.com to contact the Vacation Club or Timeshare Company where you have ownership to verify the accuracy of the Listing. staycation4less.com checks that the Reservation Name, Resort, Unit Type, and Calendar Availability match with the Reservation Number provided by the Host.
You are solely responsible for setting a price (and disclosing any Resort Fees or Taxes if applicable, that a Guest may incur at the Accommodation) for your Listing (“Listing Fee”). Resort Fees are fees a Guest may incur upon check-in or check-out at the Accommodation, which may include; amenities, incidentals, utility surcharges, security deposit, telephone use charges, service charges, personel charges, amenity usage, housekeeping, occupancy tax or applicable taxes. These fees are determined and levied by the Accommodation and are the sole responsibility of the Guest.
When you accept a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Accommodation to the Guest as described when the booking request is made, including updating a Guest Certificate (“Guest Certificate”). A Guest Certificate is the document that effectively transfers the Accommodation’s rights of use to the Guest.
Declining a booking request by a Guest will have a negative impact on your ability to Host on the staycation4less.com Platform. staycation4less.com will review, at its sole discretion, the circumstances for the decline and may lead to account suspension.
The placement and ranking of Listings in search results on the staycation4less.com Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, price and calendar availability, or reviews and ratings.
Any Host listing on the staycation4less.com platform gives staycation4less.com the right to use proprietary images and descriptions of the club or resort where the Host maintains a deeded interest of co-ownership for the express purpose of marketing the Host(s) listing(s). staycation4less.com is not affiliated with any timeshare company and only represents individual timeshare owners (Hosts).
Accommodations on staycation4less.com are located within a Resort (“Resort”) that is maintained by a third party, Vacation Club, or Timeshare Company where the Host has a share of ownership and transferable rights to allow a Guest to use the Accommodation.
You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accomodation will not breach any agreements you have entered into with any third parties, such as your Home Resort, Vacation Club, Homeowners Association, or the like; and comply with all applicable laws, Tax requirements, and other applicable rules and regulations. As a Host, you are responsible for your own acts and omissions and the omissions of any individuals who are present at the Accomodation at your request or invitation, excluding the Guest and any individuals the Guests invited to the Accommodation.
Unless expressly allowed by staycation4less.com , you may not list more than one Accomodation per Listing.
For the avoidance of doubt the Host acknowledges that staycation4less.com is not responsible, under any circumstances, for the management, or ongoing management, of your listing (s). Further staycation4less.com does not guarantee your rental and is not responsible for any loss or damages that may come from any and all of the aforementioned statements.
9. Terms specific for Guests
Terms applicable to all bookings
When booking through staycation4less.com , Guests are NEVER required to attend a sales presentation as part of their stay. As a Guest, you have the right to decline any invitation to attend a timeshare presentation offered by the resort or 3rd party marketing company related to this stay. staycation4less.com and its affiliates will never ask you to attend a presentation. Guests should use caution when being offered incentives, discounts, or other offers in exchange for attending a timeshare presentation. staycation4less.com is not responsible for charges incurred as a result of not attending a presentation when agreed upon at the Guest’s discretion.
Subject to meeting any requirements (such as completing any verification processes) set by staycation4less.com and/or Host, you can book a Listing available on the staycation4less.com Platform by following the booking process. All applicable fees, including the Listing Fee, Guest Fee, Booking Fee, any applicable Taxes, and Resort Fees (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your staycation4less.com account.
Upon receipt of a booking confirmation from staycation4less.com , a legally binding agreement is formed between you and your Host, including in particular the staycation4less.com Cancellation Policy and any rules and restrictions specified in the Listing and/or within these Terms. staycation4less.com will collect the applicable Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the payment terms.
Photo identification is required at check in along with major credit card and must match the name provided at the time of Booking. The Guest checking in must be the minimum age as dictated by the resort.
You understand that a confirmed booking of an Accomodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy, and use the Accomodation for the duration of your stay.
Please contact the Accommodation directly for assistance if you anticipate a late check in.
If a Guest requires check in assistance, please contact staycation4less.com immediately. staycation4less.com will not be responsible for any expenses incurred if a Guest does not contact staycation4less.com for assistance.
You agree to leave the Accommodation no later than the checkout time that is specified in the Listing. If you stay past the agreed upon checkout time (“Overstay”), you no longer have a license to stay in the Accommodation and the Resort is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host or Resort, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, plus all applicable Guest Fees, Taxes, Resort Fees and any legal expenses incurred by the Host or Resort to make you leave (collectively “Overstay Fees”). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such an Overstay. If you Overstay an Accomodation, you authorize staycation4less.com to charge you to collect Overstay Fees.
The Guest cannot exceed the maximum occupancy indicated on the Listing. Failure to comply with the maximum occupancy may result in termination of the reservation without issuing a refund.
As a Guest, you acknowledge that pets are not permitted in certain Accommodations. Failure to follow this policy may lead to additional fees or cancellation of your booking without a refund.>
When occupying the accommodation of the owner as a guest you are not authorized, under any circumstances, to charge any incurred expenses during your stay to the owners account. Such expenses, if any, are the sole responsibility of the guest to settle directly with the resort. Failure to do so will result in legal action taken against you and removal from staycation4less.com .
10. Cancellations and Refunds, Customer Service, Booking Modifications
Hosts and Guests are responsible for any modifications to a booking that they make via the staycation4less.com Platform or direct staycation4less.com customer service to make (“Booking Modifications”), and agree to pay any additional Listing Fees, Host Fees, or Guest Fees, Resort Fees and/or Taxes associated with such Booking Modifications.
10(a). Guest Cancellations
Unless the following Host cancellation terms are applied;
- FLEXIBLE: Listings with a flexible cancellation can be canceled and provide the booker a full refund if the booker cancels 3 days prior to the check-in date.
- RELAXED: Listings with a relaxed cancellation can be canceled and provide the booker with a full refund if the booker cancels 16 days prior to the check-in date
- MODERATE: Listings with a moderate cancellation can be canceled and provide the booker with a full refund if the booker cancels 32 days prior to the check-in date.
- FIRM: Listings with a firm cancellation can be canceled and provide the booker with a full refund if the booker cancels 62 days prior to the check-in date.
- STRICT: Listings with a strict cancellation cannot be canceled after the host has accepted the booking request;
then a Guest cancelling a confirmed booking will not receive a refund. The Listings provided on the staycation4less.com Platform are provided on a first come, first served basis. staycation4less.com highly recommends you purchase travel insurance to cover unforeseen circumstances that might prohibit your ability to utilize a Booking.
If a Guest who books an Accommodation suffers a Travel Issue (“Travel Issue”) as defined below, staycation4less.com may determine, in its sole discretion, to refund the Guest. A Travel Issue may be if the Host of the Accommodation cancels a booking shortly before the scheduled start of the booking or fails to provide the Guest with the reasonable ability to access the Accommodation (i.e. failed to update a Guest Certificate).
It is the Guest’s responsibility to communicate the correct name of the Guest checking in while booking a Listing. Booking Modifications, including but not limited to a Guest name changes after a Booking is confirmed are handled on a case-by-case basis and are not guaranteed.
Guests, please note and read the cancellation policies on this listing prior to booking. It is the Guest sole responsibility to do so. staycation4less.com represents individual timeshare owners (Hosts) insofar as permitting Hosts to list their rental property on the staycation4less.com platform. staycation4less.com is not responsible for the Host’s cancellation policy and indemnifies itself from this. Hosts are solely responsible for setting their own cancellation policies. These cancellation policies are based on the Hosts’ exposure in relation to risk and financial loss.
Once the Host cancellation deadline has passed staycation4less.com is not, and will never be, in a position to offer a refund in full or in part including but not limited to natural disasters, airline-induced flight issues or delays, Covid-19 (or variants of COVID-19), and any related issues to the aforementioned. Possible exceptions to this would only relate to full resort closures, not partial closure or closure of any certain amenities. We strongly recommend purchasing travel insurance to protect you from any unforeseen circumstance that occurs outside the cancellation period.
10(b) Host Cancellations
If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such a booking. In some instances, staycation4less.com may allow the Guest to apply the refund to a new booking, in which case staycation4less.com will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, staycation4less.com may keep the Listing unavailable or blocked for the dates of the cancelled booking, and/or impose a cancellation fee on the Host, suspend your Membership, unless the Host has a valid reason for cancelling as determined by staycation4less.com (which may include natural disasters, or other scenario that poses an immediate risk to the Guest’s safety).
9(c) Declined Bookings
While being within an active marketplace staycation4less.com strives to always to present and ensure the highest of standards when verifying listings to guarantee that the listings are bookable and accurate prior to the posting of the listing.
Managing your staycation4less.com account is important. It will be expected that all your active listing registered onstaycation4less.com .com are available for rent at the price indicated on staycation4less.com .com and that said prices are maintained by you.
Therefore, staycation4less.com Hosts will be held liable and accountable for maintaining the integrity of said listings especially where that listing is or has become unavailable. The staycation4less.com Host must do this by removing the listing immediately.
When signing with staycation4less.com you are agreeing to these terms without reserve. If these terms are breached staycation4less.com will have the right to suspend, revoke or terminate your account. This will be at staycation4less.com ’s discretion. staycation4less.com will charge a $50 non-refundable administration fee where a booking is declined to its respective Host.
Cancellation policy set by the Host:
Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Host:
- FLEXIBLE: Listings with a flexible cancellation can be canceled and provide the booker a full refund if the booker cancels 3 days prior to the check-in date.
- RELAXED: Listings with a relaxed cancellation can be canceled and provide the booker with a full refund if the booker cancels 16 days prior to the check-in date.
- MODERATE: Listings with a moderate cancellation can be canceled and provide the booker with a full refund if the booker cancels 32 days prior to the check-in date.
- FIRM: Listings with a moderate cancellation can be canceled and provide the booker with a full refund if the booker cancels 62 days prior to the check-in date.
- STRICT: Listings with a strict cancellation cannot be canceled after the host has accepted the booking request;
The Guest needs to ensure that they have acknowledged one of the above options if associated with the listing
10(c). staycation4less.com Cancellations
- In certain circumstances, staycation4less.com may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and pay-outs. This may be for reasons related to natural disasters or other scenarios that pose an immediate risk to a person’s safety, where staycation4less.com believes in good faith, while taking the legitimate interests of both parties into account. This is necessary to avoid significant harm to staycation4less.com , other members, third parties or property, or for any reason set out in these Terms.
- If staycation4less.com cancels a confirmed booking, and the Guest receives a refund after the Host has already been paid, staycation4less.com will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Pay-outs due to the Host.
11. Ratings and Reviews
Ratings and reviews from third-parties may be displayed for Accommodations, which may include reviews from Google or TripAdvisor. Star ratings (“Ratings”) or written reviews (“Reviews”) reflect the opinions of individuals and do not reflect the opinion of staycation4less.com . Ratings and Reviews are not verified by staycation4less.com for accuracy and may be incorrect or misleading.
Ratings and Reviews submitted by Guests and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5.
12. Damage to Accommodations, Disputes between Members
As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation.
If a Host and/or Resort claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim”), the Host and/or Resort can seek payment from you through Customer Service. If a Host escalates a Damage Claim to staycation4less.com , you will be given an opportunity to respond. If you agree to pay the Host and/or Resort, or staycation4less.com determines in its sole discretion that you are responsible for the Damage Claim, staycation4less.com will, after the end of your stay, collect any such sums from you required to cover the Damage Claim. staycation4less.com also reserves the right to otherwise collect payment from you and pursue any remedies available to staycation4less.com in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts.
Members agree to cooperate with and assist staycation4less.com in good faith, and to provide staycation4less.com with such information and take such actions as may be reasonably requested by staycation4less.com , in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made). A Member shall, upon staycation4less.com ’s reasonable request, participate in mediation or a similar resolution process with another Member, which process will be conducted by staycation4less.com or a third-party selected by staycation4less.com or its insurer, with respect to losses for which a Member is requesting payment from staycation4less.com .
If you are a Guest, you understand and agree that staycation4less.com my make a claim under your renter’s, traveler’s, or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including Accommodation) of the Host. You agree to cooperate with and assist staycation4less.com in good faith, and to provide staycation4less.com with such information as may be reasonably requested by staycation4less.com , to make a claim under your renter’s, traveler’s, or other insurance policy, including, but not limited to, executing documents and take such further acts staycation4less.com may reasonably request to assist staycation4less.com in accomplishing the foregoing.
13. Rounding off
staycation4less.com generally supports payment amounts that are payable from or to Guests or Hosts to the smallest unit supported by a given currency (i.e. U.S. cents, Euro cents, or other supported currencies). Where staycation4less.com ’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, staycation4less.com may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro, or other supported currency); for example, staycation4less.com may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
(a) Property Owner Taxes: As Property Owner, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes”). staycation4less.com shall not be liable or responsible for any such Taxes.
(b) Tax Information: In certain jurisdictions, applicable law may require that staycation4less.com collect and/or report Tax information about the Property Owner, or withhold Taxes from payouts to the Property Owner, or both. If the Property Owner shall fail to provide to staycation4less.com documentation that staycation4less.com determines to be sufficient to support any such obligation to withhold Taxes from payouts to the Property Owner, staycation4less.com may withhold payouts to the Property Owner up to the amount staycation4less.com determines is required by law, until sufficient documentation is provided. The Property Owner agrees that staycation4less.com may issue on the Property Owner’s behalf invoices or similar documentation for Taxes to facilitate accurate tax reporting by the Property Owner, your Guests, and/or their organizations.
15. Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the staycation4less.com Platform. In connection with your use of the staycation4less.com platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
- use the staycation4less.com Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies staycation4less.com endorsement, partnership, or otherwise misleads others as to your affiliation with staycation4less.com ;
- use the staycation4less.com Platform in connection with the distribution of unsolicited commercial messages (“Spam”);
- offer, as a Host, any Accommodation that you do not yourself own or have permission to make available through the staycation4less.com platform;
- unless staycation4less.com explicitly permits otherwise, book any Listing if you will not actually be using the Host services yourself;
- use the staycation4less.com Platform to request, make or accept a booking independent of the staycation4less.com Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the staycation4less.com Platform. If you do so, you acknowledge and agree that you: would be in breach of these Terms; accept all risks and responsibility for such a payment, and hold staycation4less.com harmless from any liability for such payment;
- 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 otherwise engage in any violent, harmful, abusive, or disruptive behavior;
- use, display, mirror or frame the staycation4less.com Platform or Collective Content, or any individual element within the staycation4less.com Platform, staycation4less.com ’s name, any staycation4less.com trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the staycation4less.com Platform, without staycation4less.com ’s express written consent;
- dilute, tarnish or otherwise harm the staycation4less.com brand in any way, including through unauthorized use of Collective Content, registering and/or using staycation4less.com or derivative terms in domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to staycation4less.com domains, trademarks, taglines, promotional campaigns, or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the staycation4less.com Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by staycation4less.com or any of staycation4less.com ’s providers or any other third-party to protect the staycation4less.com Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the staycation4less.com Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the staycation4less.com Platform;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You acknowledge that staycation4less.com has no obligation to monitor the access to or use of the staycation4less.com Platform by any Member, but has the right to do so to operate, secure and improve the staycation4less.com Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); ensure Member’s compliance with these Terms; comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or government body; or otherwise set forth in these Terms. Members agree to cooperate with and assist staycation4less.com in good faith, and to provide staycation4less.com with such information and take such actions as may be reasonably requested by staycation4less.com with respect to any investigation undertaken by staycation4less.com or a representative of staycation4less.com regarding the use or abuse of the staycation4less.com Platform.
If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who engages in offensive, violent or sexually inappropriate behavior, you suspect of stealing from you, or engages in any other disturbing conduct, you should immediately report such a person to the appropriate authorities and then to staycation4less.com by contacting us with you police station report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
16. Term and Termination, Suspension and other Measures
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such a time when you or staycation4less.com terminate the Agreement in accordance with this provision.
Without limiting our rights specified below, staycation4less.com may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
staycation4less.com may immediately, without notice, terminate this Agreement and/or stop providing access to the staycation4less.com Platform if you have materially breached your obligations under these Terms, the payments terms, our policies or standards, you have violated applicable laws, regulations or third party rights, or staycation4less.com believes in good faith that such action is reasonably necessary to protect the personal safety or property of staycation4less.com , its Members, or third parties (for example in the case of fraudulent behavior of a Member).
In addition, staycation4less.com may take any of the following measures to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if you have breached these Terms, the payments terms, our policies or standards, applicable laws, regulations, or third party rights, you have provided inaccurate, fraudulent, outdated or incomplete information during the staycation4less.com Account registration, Listing process or thereafter, you and/or your Listings at any time fail to meet any applicable quality or eligibility criteria, or staycation4less.com otherwise becomes aware of or has received complaints about your performance or conduct, you have cancelled confirmed bookings, declined booking requests, failed to respond to booking requests, or staycation4less.com believes in good faith that such action is reasonably necessary to protect the personal safety or property of staycation4less.com , its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the staycation4less.com Platform;
- temporarily or permanently revoke any special status associated with your staycation4less.com Account;
- temporarily or permanently suspend your staycation4less.com Account and stop providing access to the staycation4less.com Platform.
In the case of non-material breaches and where appropriate, you will be given notice of any intended measure by staycation4less.com and an opportunity to resolve the issue to staycation4less.com ‘s reasonable satisfaction.
If we take any of the measures described above we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
When this Agreement has been terminated, you are not entitled to a restoration of your staycation4less.com Account. If your access to or use of the staycation4less.com Platform has been limited or your staycation4less.com Account has been suspended or this Agreement has been terminated by us, you may not register a new staycation4less.com Account or access and use the staycation4less.com Platform through a staycation4less.com Account of another Member.
Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the staycation4less.com Platform or Collective Content, you do so voluntarily and at your sole risk. The staycation4less.com Platform and Collective Content is provided “as is,” without warranty of any kind, either express or implied.
As a Guest, you have the right to decline any offer or invitation to attend a timeshare presentation. Guests are never required to attend a presentation as a stipulation of their stay. Guests must use caution when being offered incentives, discounts, or other offers in exchange for attending a timeshare presentation. staycation4less.com is not responsible for charges incurred as a result of not attending a presentation when agreed upon at the Guest’s discretion.
Accommodations will be available for check-in on or around the time indicated by the resort and may be subject to delay.
Accommodation amenities may change and are determined by each Resort. A copy of the Accommodation’s amenities may be acquired upon check in at the Accommodation.
Accommodation images, (including but not limited to floor plans or interior furniture) are representative of the Accommodation and may vary between individual units.
The Accommodation will assign a specific unit on the property. Unit views, floor, amenities, and location on the Accommodation property is not guaranteed.
You agree that you have had whatever opportunity you deem necessary to investigate the staycation4less.com Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by staycation4less.com relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we 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.
If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your stay and to the maximum extent permitted by law, you agree to release and hold harmless staycation4less.com from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during your stay.
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.
You acknowledge and agree that, to the maximum extent permitted by law (See Section 22), the entire risk arising out of your access to and use of the staycation4less.com Platform and Collective Content, your publishing or booking of any Listing via the staycation4less.com Platform, your stay at any Accommodation, or any other interaction you have with other Members whether in person or online remains with you. Neither staycation4less.com nor any other party involved in creating, producing, or delivering the staycation4less.com Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the staycation4less.com Platform or Collective Content, from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the staycation4less.com Platform, or from your publishing or booking of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not staycation4less.com has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms, in no event will staycation4less.com ’s aggregate liability arising out of or in connection with these Terms and your use of the staycation4less.com Platform including, but not limited to, from your publishing or booking of any Listings via the staycation4less.com Platform, or from the use of or inability to use the staycation4less.com Platform or Collective Content and in connection with any Accommodation, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the staycation4less.com Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by staycation4less.com to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between staycation4less.com and you. 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. If you reside outside of the U.S., this does not affect staycation4less.com ’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law (See Section 22).
To the maximum extent permitted by applicable law, you agree to release, defend (at staycation4less.com ’s option), indemnify, and hold staycation4less.com and its affiliates and subsidiaries, including but not limited to, staycation4less.com ’s officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your breach of these Terms or our policies or standards, your improper use of the staycation4less.com Platform, your interaction with any Member, stay at an Accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or your breach of any laws, regulations or third party rights.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the staycation4less.com Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the staycation4less.com Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21. General Provisions
Except as they may be supplemented by additional terms of service, policies, guidelines or standards, these Terms constitute the entire Agreement between staycation4less.com and you pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between staycation4less.com and you in relation to the access to and use of the staycation4less.com Platform.
No joint venture, partnership, employment, or agency relationship exists between you and staycation4less.com as a result of this Agreement or your use of the staycation4less.com Platform.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
staycation4less.com ’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without staycation4less.com ‘s prior written consent. staycation4less.com may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by staycation4less.com via email, staycation4less.com Platform notification, or messaging service (including SMS and WeChat). If your booking is in respect of a Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies staycation4less.com ’s obligations under Article 59 Paragraph 1 of the Japanese Housing Accommodation Business Act.
If you have any questions about these Terms please email us.
22. Third Parties and Links to Third Party Sites
The staycation4less.com Platform may contain links and pointers to other Internet sites and resources. Links to and from the site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties or their sites. We may also provide tools to allow interaction between the site and a third party site, such as social media sites. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
23. Governing Law and Dispute Resolution
You agree that all matters relating to your access or use of our services, inclusive of all disputes will be governed by the laws of the United States of America and by the laws of the State of New York without regard to its conflicts of law provisions. You agree to the personal jurisdiction and venue in the state and federal courts in New York State, New York, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between any party arising out of or in connection with the use of our services, the parties shall attempt , promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (Not to exceed (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
By using our services you agree that the Federal Arbitration Act, applicable federal law and the laws of the State of New York, without regard to principles of conflict of laws, will govern these terms and any dispute of any sort that may arise.
24. Terms Related to Promotions and Promo Codes
Eligibility Requirements; you must be a Member of staycation4less.com to participate in promotions or use “Promo Codes”
For each Listing that has been Booked, the Guest checking in to a Resort must meet the minimum age for the Resort that that they are checking into or they will not be permitted to check in.
If you are not a Member of staycation4less.com you will not be permitted to use any Promo Codes issued by staycation4less.com . Promo Codes are exclusive to staycation4less.com Members.
If you are a Member of staycation4less.com you will be permitted to use Promo Codes, but each Promo Code can only be used once. Promo Codes cannot be used multiple times by Members
Not all Promo Codes apply to all Members. Each Promo Code is unique to each member(s).
>Every Promo Code issued by staycation4less.com has an expiration date set against it. Once that date is executed the Promo Code becomes invalid.
Each Promo Code issued is only made available to one or more Members (determined by staycation4less.com ). Once the Promo Code has been used, the Promo Code becomes invalid.
Covid-19 is an unprecedented challenge to us all. staycation4less.com takes this crisis very seriously. We shall not be held liable for any losses you suffer, including any indirect or consequential loss, including but not limited to loss of business or profits or any other financial loss arising out of or in any way connected with Covid-19.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.