AGREEMENT BETWEEN CUSTOMERS AND OWNER DIRECT VACATION RENTALS INC.
This OwnerDirect.com web site is operated by Owner Direct Vacation Rentals Inc. and offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this web site constitutes your agreement to all such terms, conditions, and notices.
This web site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this web site.
By agreeing to these terms you are expressing your consent for Owner Direct Vacation Rentals inc to communicate with you via your email address and telephone for the purposes of conducting inquiries, rental transactions, property listing management and for relaying company marketing messages and offers from time to time. You have the ability to unsubscribe from these offerings at anytime.
The information, software, products, and services published by Owner Direct Vacation Rentals Inc. and its Owners on this web site may include inaccuracies or typographical errors. Owner Direct Vacation Rentals and its Owners do not warrant the accuracy, completeness, currency or reliability of any of the content (rates and availability included) or unit data found on this site. This content and data is subject to change without notice. Improvements and changes are constantly added to the information herein.
Owner Direct Vacation Rentals Inc. makes no representations about the suitability of the information, software, products, and services contained on this web site for any purpose. All such information, software, products, and services are provided 'as is' without warranty of any kind. Owner Direct Vacation Rentals Inc. hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall Owner Direct Vacation Rentals Inc. be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of this web site or with the delay or inability to use this web site, or for any information, software, products, and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability, or otherwise, even if Owner Direct Vacation Rentals Inc. has been advised of the possibility of damages. Because some provinces/states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this web site, you warrant that you will not use this web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Hosts must understand how the laws work in their respective cities. Some cities have laws that restrict their ability to host paying guests for short periods. These laws are often part of a city's zoning or administrative codes. In many cities, hosts must register, get a permit, or obtain a license before listing a property or accepting guests. Certain types of short-term bookings may be prohibited altogether. Local governments vary greatly in how they enforce these laws. Penalties may include fines or other enforcement. These local laws should be reviewed and adhered to by hosts before listing any property on Owner Direct.com.
LINKS TO THIRD-PARTY SITES
This web site may contain hyperlinks to web sites operated by parties other than Owner Direct Vacation Rentals Inc. Such hyperlinks are provided for your reference only. Owner Direct Vacation Rentals Inc. does not control such web sites and is not responsible for their contents. Owner Direct Vacation Rentals Inc.'s inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
MODIFICATION OF THESE TERMS AND CONDITIONS
Owner Direct Vacation Rentals Inc. reserves the right to change the terms, conditions, and notices under which this web site is offered.
This agreement is governed by the laws of the Province of British Columbia, Canada. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Owner Direct Vacation Rentals Inc. as a result of this agreement or use of this web site. Owner Direct Vacation Rentals Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Owner Direct Vacation Rentals Inc.'s right to comply with law enforcement requests or requirements relating to your use of this web site or information provided to or gathered by Owner Direct Vacation Rentals Inc. with respect to such use.
This agreement constitutes the entire agreement between the customer and Owner Direct Vacation Rentals Inc. with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Owner Direct Vacation Rentals Inc. with respect to this web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
USE OF 'REQUEST PROPERTY' SERVICE
The 'Request for Booking' service on this web site is provided solely to assist customers in determining the potential availability of vacation homes and to potentially make legitimate reservations or otherwise transact business with the owners or managers of vacation homes, and for no other purposes.
This web site is merely a platform that enables Hosts to create listings of their properties available for rental transactions and for Users to find out about such listed properties and for Guests and Hosts to connect and conclude rental transactions, and consequently Owner Direct Vacation Rentals Inc is not itself a party to any rental transaction and disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law.
Owner Direct Vacation Rentals Inc's role is solely to facilitate the availability of the Site and Service for Users and to provide certain services related thereto. We do not purchase, buy-in, sell, own, provide, furnish, rent, sublet, control or manage any accommodation listed on our Site by Hosts nor can We contract in our own name for the supply of any holiday rental property listed on the Site nor other properties including, but not limited to, hotel rooms, nor any related transportation or travel services. We are not in any way supplying or able to supply such accommodation or services to Guests. Our Site acts as a platform to allow registered Hosts to themselves offer for rent a specific holiday rental space to Guests. Hosts may be either owners of any such holiday rental properties listed on the Site or are persons, for example professional property managers, who are duly authorised to arrange or enter into rental transactions of such properties direct with Guests. We are therefore not a party to the actual rental transaction concluded between Hosts and Guests and are not a contracting agent or representative of any Host. Our responsibility in the provision of the Site and/or Service when such transaction is concluded shall be to forward contact details to both Hosts and Guests. Accordingly, the legal contract for the supply of accommodation and rental transactions is between Hosts and Guests, being a licence to occupy the Host's accommodation during the agreed period as detailed in the Notice of Match confirmation but should not be or intended to be a tenancy or lease or grant of exclusive possession of such accommodation. Rental transactions in respect thereof are only binding among Hosts and Guests, who are both solely and entirely responsible for their performance and Owner Direct Vacation Rentals Inc disclaims all liability arising from or in connection with such transactions.
You warrant that you are at least 19 years of age and possess the legal authority to enter into this agreement and to use this web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this web site (as well as for use of your account by others, including, without limitation, minors living with you). You also warrant that all information supplied by you or members of your household in using this web site is true and accurate.
Separate terms and conditions will apply to your reservation of vacation homes. You agree to abide by the terms or conditions of purchase imposed by owners with whom you elect to rent from, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this web site.
USE BY PROPERTY OWNERS AND MANAGERS
Although Owner Direct provides you a guest, Owner Direct is not responsible for completing the booking or providing further services such as keys, housekeeping and directions. Property Owners-Managers are responsible for calling and/or emailing each guest within 24hrs of notification of an inquiry or booking.
Data errors, while not expected, can occur at any time. Property managers are responsible for proofing and verifying the accuracy of all the details provided for any guest referral or booking. Also, because everyone's expectations are different, the property manager is responsible for ensuring their properties meet ALL EXPECTATIONS including standards, size, availability, supplies, etc. Owner Direct has a zero tolerance for any "Bait and Switch" attempts made on any guests referred by OwnerDirect.com. Properties booked must be accepted as booked or all agreements will be cancelled and properties removed from OwnerDirect.com.
NOTICE OF LIMITATION OF LIABILITY
Owner Direct Vacation Rentals Inc. assumes no liability for any loss or damage howsoever arising in connection with this "referral or booking". Owner Direct Vacation Rentals Inc. does not verify the details of any guest and their contact information for suitability or for safety of the occupancy or for any other purpose. By accepting guest referrals or bookings all parties expressly hereby limit the liability of damages of Owner Direct Vacation Rentals Inc. to the cost of the "commission".
IN NO EVENT WILL OWNER DIRECT VACATION RENTALS BE RESPONSIBLE FOR ANY DAMAGES RELATING TO A RENTAL TRANSACTION HEREUNDER SUCH AS, WITHOUT LIMITATION, PROPERTY DAMAGE, BODILY INJURY OR DEATH. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY ACTION ARISING FROM OR RELATED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INTENTIONAL CONDUCT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO THE LOSS OF RENTALS OR PROFITS, INCOME OR GOODWILL, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PROPERTY MANAGER PARTNERS ACKNOWLEDGE THAT OWNER DIRECT VACATION RENTALS IS NOT A PARTY TO ANY RENTAL AGREEMENT BETWEEN A RENTAL MANAGER OR OWNER AND RENTER.
Owner Direct Vacation Rentals Inc. All rights reserved.