RENTalo BOOKING SERVICE AGREEMENT
"Owner" refers to all registered listing owner or named holder of a listing account (a) under which you activate the booking service (EZ BookMe), whether registered to you or a Member who has provided you access to use his, her, or its account, or (b) that you create on behalf of another person who becomes a Member thereby.
"Traveler" refers to all registered travelers or named holder of a traveler account (a) under which you use the booking or "book it"service, whether registered to you or a Member who has provided you access to use his, her, or its account, or (b) that you create on behalf of another person who becomes a Member thereby.
'You', 'Users', "Members" refers to all users in RENTalo.com, including Travelers and Owners.
1.0 Service Description
The Service is solely a business platform tool that facilitates the communication and bookings among Travelers and Owners using the "Book It" button when shown in listings, including booking invoices and payment transactions.
2.0 Service Responsibilities
2.1 RENTalo is responsible for facilitating the communication through our messaging tool available to all users via the Site. You are responsible for reviewing user profile pages, and read reviews from other users. We make no attempt to confirm, and do not confirm, any user's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of this Site. We do not endorse any persons who use or register for our Services, whether as travelers or owners. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information that any user submits to the Site.
2.2 RENTalo is also responsible for the platform for processing your booking requests and payments during the reservation process The Owners, not RENTalo, are solely responsible for honoring any confirmed bookings and making available any Accommodations and/or Services reserved through the Site. If you, as a Traveler, choose to enter into a transaction directly with an Owner for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Owner. You acknowledge and agree that you, and not RENTalo, will be responsible for performing the obligations of any such agreements, and RENTalo is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
Moreover, you are solely responsible for your interactions with other users of the Service. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between Travelers and Owners and to take any other action in good faith to restrict access to or the availability of any material that we or another user of the Service may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from us. You are expressly releasing us from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users of the Service or Site or your experience as a traveler or listing owner in connection with the Site or Service. As set forth in Site’s legal disclaimer, interpretation of this agreement is governed by the laws of the State of Florida and the United States of America.
5.0 User Responsibilities
5.1 In connection with the Service, you agree to act responsibly and practice good judgment. You also agree not to:
(i) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, including but not limited to subleasing short term accommodations or lodgings without the rights to do so.
(ii) "stalk" or harass any other user of the Service or obtain any information about any other user other than for purpose of transacting as a Traveler or Owner;
(iii) use the Service to find Owners or Travelers and then complete the transaction offline in order to circumvent your obligation to pay the Site’s fees;
(iv) as an Owner, submit any listing with a false or misleading price or information, or a price that you do not intend to honor;
5.2 Booking Confirmations & Prices. As an Owner, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested or the booking request will be automatically cancelled. When a booking is requested via email, we will share with you (i) the first and last name of the Traveler who has requested the booking, (ii) a link to the Traveler ’s RENTalo Account profile page, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an Accommodation within such 24 hour period, any amounts collected by RENTalo for the requested booking will be refunded to the applicable Traveler’s credit card or PayPal account and any pre-authorization of such credit card will be released. When Owners confirm a booking requested by a Travelers, RENTalo will send a confirmation email confirming such booking. As an Owner, if you confirm a reservation, you acknowledge and agree that the price you specified will constitute an essential part of the agreement between you and the Traveler. In addition, you also agree not to change or alter the price once confirmed.
5.4 Credit card Payments. As a Traveler, if you want to book a listing advertised in the Site, you may be given the choice to provide your credit card as a payment option. At this time, we will obtain an authorization for the total amount of the reservation, but will not charge your credit card until the Owner confirms the reservation. At the time the Owner confirms the reservation; your credit card will be charged by RENTalo.com. If the owner fails to respond or choose not to accept your reservation offer, your credit card will not be charged.
5.5 PayPal Payments. As a Traveler, when you find a listing that you want to book, you will be given the choice to pay via PayPal. At this time, we will accept and hold your payment. If the owner fails to respond or does not confirm your reservation, we will automatically reimburse the total amount, including RENTalo’s service fees.
5.6 Payments to Owners. Unless otherwise agreed, we will initiate payment of the lodging or rental portion for each reservation, minus the service and/or payment processing fees, as agreed, the next business day after the Traveler checks in. Owners must specify the preferred method of payments under their account. Acceptable payment methods include bank checks or PayPal.
5.7 Cancellation and refunds. As a Traveler, if you cancel a reservation, we will honor the refund in accordance to the Cancellation policy as described in the reservation details at the time you requested the booking. Owners shall not make any changes to their Cancellation policy after a booking has been requested by the Traveler, unless mutually agreed. We will mediate when necessary, and has the final say in all cancellation or refund disputes.
5.8 Taxes. Owners are responsible for including taxes and/or any other fees within the offer as part of the rental price. Because state and local tax laws vary significantly by locality, Owners are solely responsible for determining your own tax reporting requirements, and that we cannot and do not offer tax advice to our users.
5.9 Payment disclaimer. RENTalo does not own, resell, furnish, rent, sub-lease, manage and/or control any property or listing. RENTalo is not a contracting agent or representative of the listing owners or travelers. Instead, we merely makes available an online facility for listing Owners and Travelers to meet and facilitate reservations. RENTalo’s role is solely to facilitate the tools for the listing owner and travelers to provide services related thereto, and any agreement for the use of any accommodations is solely between the listing owners and travelers, and not RENTalo. As traveler, you understand that we are acting solely as an intermediary for the collection of rents and fees between travelers, guests, and listing owners who choose to enter into a transaction.
5.10 Security Deposits. RENTalo is neither liable nor responsible for any property damages or collection of security deposits. Owners are fully responsible for adding any deposits as part of the offer price quoted to Travelers.
5.11 Damages. Travelers are responsible for leaving the property in the condition that it was found. In the event that the Owner claims otherwise and provides evidence of damage, including but not limited to photographs, Travelers agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given 48 hours to respond, the payment will be taken from the credit card on file. If we are unable to charge the card on file, you will be required to remit payment. Owners are responsible for making sure their properties are properly insured and protected against any possible vandalism, damages, directly or indirectly during the Travelers stays.
5.12 Other fees. Owners are fully responsible for disclosing any additional fees or costs to the Travelers, as part of the offer price during the negotiations or booking process. Otherwise, listing owners may collect such fees and/or costs directly from travelers outside RENTalo’s service. RENTalo is nor liable or responsible for the collection of any other fees outside the amount set by the listing owners during the booking process.
6.0 Foreign Currency
7.0 Service Termination
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Service, (b) deactivate or delete any of your accounts and all related information and files in such accounts, and (c) restrict access to any our Site or Service. Upon termination, if applicable we will promptly pay you any fees held and due to you, minus our Service fees.
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Service.
9.0 Disclaimer of Service Warranties
If you use our service, you do so at your own sole risk. You acknowledge and agree that RENTalo does not check any Traveler, Owner, or any other user’s backgrounds or records. We do not warrant that our service: a) will meet your requirements; b) will not be interrupted, timely, or error-free; c) will meet any quality standards or expectations; d) data or any information obtained by you via phone or written communication will create any warranty not expressly stated in these terms.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Except when expressly provided by another written agreement with RENTalo, this is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by an authorized representative of RENTalo.
10.1 RENTtalo shall not be deemed in breach of this Agreement, nor for any breach of any implied warranty or other obligation, for any failure in performance arising in connection with circumstances beyond its reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accident, or any acts of God.
10.2 Your right to use the Service and access the Account is not transferable, and may not be sold, rented, or timeshare, unless expressly permitted in writing by a RENTalo representative. RENTalo may assign this Agreement, in whole or in part, at any time with or without notice to you.
10.3 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
10.4 If any action is brought because of any breach of or to enforce, interpret, rescind, or terminate any of the provisions of this Agreement, the party prevailing in such action shall be entitled to recover from the other party reasonable attorneys’ fees and court costs incurred in connection with such action, the amount of which shall be fixed by the court and made a part of any judgment rendered.