Términos de servicio

Pied à Terre

Terms and Conditions


Welcome to our site

When you access or use the Pied à Terre (hereinafter "we", "us" or "our") websites, mobile applications for our websites or any other website operated by us (each referred to herein as a “Site”), you agree and consent to be subject to these Terms and Conditions, our Privacy Policy, and other legal documents incorporated to this Terms and Conditions by reference (hereafter all of the above shall be referred to as the "Terms"). Please read these Terms carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than court.

The term "you" refers to the user visiting the Site, listing a property, and/or requesting a reservation on the Site, or our customer service agents. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Pied à Terre. You are not authorized to use this Site unless you are at least 18 years of age and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18. If you arrived on the Site after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.

Under these Terms, "use" or "access" of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term "Site" includes, without limitation, any cached version thereof.

We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or renting a property. We do not own or manage, nor can we contract for, any vacation rental property listed on a Site. The Site provides an online platform or marketplace to allow property owners and property managers who advertise on the Site (each, a "host") to offer for rent in a variety of pricing formats, a specific vacation or short-term rental property to potential renters or renters (each, a “traveler” and, collectively with a host, the "users"). "Hosts" may also include property owners or managers who originally advertised their properties on another website and their listings have been redistributed on the Site. We also may offer online booking or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions.

We are not a party to any rental or other agreement between users. This is true even if the Site allows you to book a rental or provides other ancillary products or services, as the Site may facilitate booking a rental or other tools, services or products, but we are not a party to any rental or other agreement between users. As a result, any part of an actual or potential transaction between a traveler and a host, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any traveler or property), the ability of hosts to rent a vacation property or the ability of travelers to contract for properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking or purchasing a product or service and Pied à Terre or one of its affiliates may place additional restrictions on your booking, product or service.

Section A — General terms and conditions applicable to all users

Section B — Additional terms and conditions applicable to hosts

In addition to being bound by the terms set forth above, hosts who advertise on the Site are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a listing.

Our services may only be used by hosts who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each host represents and covenants that all information submitted to us and to the Site during such host’s registration with the Site shall be true and correct. Each host further agrees to promptly provide notice to the Site by contacting us as provided above under “Contact Us” regarding any updates to any such contact information previously submitted by such host to the Site.

In order to list a property on a Site, hosts must comply with Pied à Terre’s listing policies. These Standards outline certain requirements including but not limited to:

  • Hosts must maintain an accurate reservation calendar on their listing(s);
  • Hosts must use commercially reasonable efforts to respond to all booking requests from travelers within 24 hours of receipt of a request for booking;
  • Hosts must further agree to take commercially reasonable efforts to cause all traveler payments to be processed within 24 hours of authorization by the traveler for such payment;
  • Hosts must respond to and accept a material number of inquiries and booking requests received in the interest of the traveler experience; and
  • Hosts are prohibited from cancelling a material number of accepted bookings.

Each host represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such host; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) it will accurately describe the subject rental property, will not fail to disclose a material defect in, or material information about, a rental property and will upon request, or otherwise from time to time, review the property listing content and location or geographic description to ensure it is accurate and not misleading ; (iv) it will not wrongfully deny access to the listed property; and (v) it will not fail to provide a refund when due in accordance with the applicable cancellation policy or underlying rental agreement. In addition, if Pied à Terre, through one of its guarantee or warranty programs and in its sole discretion, compensates a traveler for a loss caused by acts or omissions attributable to a host, Pied à Terre reserves the right to pursue the host for the amount paid or contributed towards the loss.

Upon our request, each host agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property. If you are a tenant who is listing a home, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, condominium or apartment.  Listing your home may be a violation of your lease or contract and could result in legal action against you by your landlord, including possible eviction.

We cannot guarantee that your listing will appear in any specific order in search results on the Site. Search order will fluctuate based on a variety of factors such as search parameters, subscription level purchased, listing quality, how frequently a calendar is updated, traveler preferences, host response time, reservation history, online booking capability, compliance with posted listing practice requirements, and other factors that we may deem important to the user experience from time to time.  Listing appearance or order in any particular search result may also vary depending on the search criteria used by the particular traveler. We reserve the right to apply various search algorithms or to use methods to optimize listing results for particular travelers’ experiences and the overall marketplace.

All content and copy edits submitted by hosts are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine in our sole discretion does not meet these Terms or is otherwise unacceptable to us.  However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any host. All content must meet these Terms and our Content Guidelines. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to ensure that the content complies with our Content Guidelines or formatting requirements. Hosts are responsible for reviewing and ensuring that any content displayed on the Site appears as the host intended.

We reserve the right to refuse hypertext links to, or addresses of, other web sites from hosts' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.

Photographs should depict the vacation rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.

By submitting a photograph to us, the host represents and warrants that (a) it holds all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any host of the Pied à Terre Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.

It is the host’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The host warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each host further agrees that we may reproduce in whole or in part any photographic material supplied by such host in the promotion of either such host’s property or the Site.

The Pied à Terre name and logo and those of the Pied à Terre Group and our affiliates are trademarks or registered trademarks in the United States and other jurisdictions around the world. We do not permit the use of our names and logos, except with our prior written authorization. If you want permission to use our name, image and/or logo in any manner you must contact us.

Each listing must relate to an individual and uniquely identified property. The property in a listing may not be substituted for another property without our consent. We may approve a request in our discretion if the property manager's contract for the property was terminated and the host provides sufficient proof, as requested by us, and completes any additional forms we may request. The listing cannot be a mere example of properties in a given area. Only one property can appear on each listing, unless it is a property with multiple rental units and additional listings are purchased. We reserve the right to amend the copy or remove any listing when more than one property is described in such listing, and may choose, in our sole discretion to retain any fees associated such non-conforming listing as compensation for the violation of this condition.

No host may request any traveler to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site may result in the immediate removal of the non-conforming listing from the Site without notice to the host and without refund. From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.

Users’ bank or credit card companies may impose certain fees or charges, including, but not limited to, foreign transaction fees, related to any rental of a property. It is the user’s obligation to review any agreement with its bank or credit card company concerning any such fees.

Payment for subscription listings must be made to us in U.S. Dollars paid either by major credit or debit card, PayPal, or a check drawn on a U.S. bank. Subscription listings shall automatically renew at the expiration of the then-current term for an additional term of the same duration (as the previous term) and at the then-current non-promotional subscription rate. If you wish to turn off auto-renewal, you must contact us.

If you do not turn off auto-renewal and you continue to use our subscription service, you re-affirm and authorize us to charge your form of payment at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current, non-promotional subscription rate for the same product or service. If the product or service that you last purchased has changed in any way or is no longer offered, you agree and authorize us to charge your form of payment at the renewal of your subscription term for a product or service that is the most similar, as determined by us, to the product or service that you previously purchased, even if the price of such product or service is not the same as the prior product or service that you purchased. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary. If you wish to change your form of payment to be charged or if your form of payment information otherwise changes, you shall contact us to provide the new or different form of payment information.

If a Site enables you to list your property on a basis other than by subscription, you agree to pay us compensation as described to you in the registration process, which compensation may be changed by us from time to time without notice by us displaying the compensation on the Site on which you registered for the listing. The registration process and additional notices you may receive from us may also provide additional terms and conditions for such listings.

Notwithstanding the above, this section will not be applicable to the founding hosts, understanding as such, to the hosts that [include definition of “founding hosts”], same that will governed by their special regime as described in [include reference for the applicable regulations to the founding hosts].

All subscription listings are sold to run the full term that is chosen by the host. The term starts on the date that the host submits the full or initial (as applicable) payment and expires one year thereafter.

Generally, no refunds are available unless a host qualifies for a refund under any special program we may have in effect.  If you believe you qualify for a refund, you may contact customer support and include your listing number, and your reason for requesting a refund.  We will then determine, in our sole discretion, whether any refund is due. If you cease to have authority to list your property online, you must contact us immediately to cancel your listing. However, no refund will be owed.

Notwithstanding the above, this section will not be applicable to the founding hosts, understanding as such, to the hosts that [include definition of “founding hosts”], same that will governed by their special regime as described in [include reference for the applicable regulations to the founding hosts].

For pay-per-booking listings, the terms and conditions in effect at the time a booking is accepted will govern and supersede any prior agreement between us and you with respect to your use of the Site. These Terms constitute the entire agreement between us and you with respect to the matters set forth herein. A description of the features and applicable fees that will apply to pay-per-booking listings will be displayed under the “List Your Property” tab of the Site offering such product, when made generally available. Pay-per-booking listings are subject to the additional terms, conditions and requirements set forth during the registration for such listing, including those of our third-party providers. Online booking and payments is required for all pay-per-booking listings. Online payments provided by third-party providers are subject to the terms and conditions and privacy policies of such providers.

Pay-per-booking listings may be converted to subscription listings at any time; however, any bookings already made prior to conversion shall remain subject to applicable pay-per-booking fees. Cancellation policies are required for all pay-per-booking listings, and requirements for such cancellation policies shall be displayed through the “List Your Property” tab of the Site offering the pay-per-booking listing.

To enable hosts to obtain broader distribution of their properties, we may provide your listing information and content, or otherwise provide for the distribution of your listing on a third-party website.  Additional terms and conditions may apply to such distributions, as we may notify you of via your owner dashboard or email.

If, in our sole discretion, any host submits unsuitable material to our Site or into our database, is not abiding by local rental regulations and is creating a nuisance in its community, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to limit the host’s use of the Site, impact the host’s listing(s) search position, and/or terminate such host’s listing immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a host’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such host’s listing from the Site (for example, and without limitation, if a host double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered deceptive, unfair or improper within the vacation rental industry or in an online marketplace for vacation rentals, if we determine or suspect that the host’s payment-related practices or procedures are not secure, legal or otherwise proper, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such host’s listing(s) or subscription(s) without notice to the host and without refund. We assume no duty to investigate complaints. Finally, if any host is abusive or offensive to any employee or representative of the Pied à Terre Group, we reserve the right to terminate such host’s listing(s) or subscription(s) immediately without refund.

In addition to reserving the right to terminate any listing, Pied à Terre reserves all rights to respond to any violation of the Terms or misuse of the Site by, including, but not limited to, hiding a listing from the search results, marking a host as “out of business” and removing or changing information that may be false or misleading.

 

Section C — Additional terms and xonditions applicable to travelers

 

The hosts, not Pied à Terre, are solely responsible for honoring any confirmed bookings and making available properties reserved through the Site. If you, as a traveler, choose to make a reservation through the Site, you agree and understand that you will be required to enter into a rental agreement with the property's host, and you agree to accept any terms, conditions, rules and restrictions associated with such property imposed by the host. You acknowledge and agree that that you, and not Pied à Terre, will be responsible for performing the obligations under any such agreements, that Pied à Terre is not a party to such agreements, and that, Pied à Terre disclaims all liability arising from or related to any such agreements.

Only persons who have 18 years of age and legal capacity in both their country of residence and the country where the property is located and who have capacity to guarantee payment can make reservations and execute a rental agreement with the host of the property.

The minimum stay required for most properties is four nights; however, properties may require longer minimum stays.  In certain countries, there may be a limit on the duration of a traveler’s stay. If you wish to arrange a stay of more than six months, please contact us to verify whether such a stay is legally permissible.

You agree to the following procedure for making and confirming reservations:

  1. Upon receiving a reservation request, we will inform the host via email or through our Site dashboard whether the property is available or not. Notwithstanding certain properties are listed on the Site with the “Reserve Now” option, for those properties, hosts have already provided Pied à Terre with the availability information of such properties.
  2. If a Reservation request is submitted through the “Reserve Now” option, Pied à Terre will contact the traveler within 24 hours to confirm the availability of the property.  If the “Reserve Now” option is not available for the relevant property, Pied à Terre will contact the traveler to confirm whether the property is available on the requested dates at the email address provided after receiving the host’s confirmation of availability.
  3. To confirm a Reservation, a traveler must pay the initial reservation payment within 48 hours of Pied à Terre’s email confirming the availability of the property for the requested dates and sending payment information to traveler (the "Reservation Payment Period"). Pied à Terre shall hold the requested dates at the property during the Reservation Payment Period.
  4. Once receipt of the initial reservation payment is confirmed, Pied à Terre will instruct the host to definitively book the property for you on the dates you have requested. Subsequently, Pied à Terre will send you an email confirming your reservation. Nevertheless, prior to the confirmation email to be sent to you by Pied à Terre, the host may be able to discretionally reject the reservation, in such cases you will be immediately informed of such decision and you will receive a full refund of your payment made to Pied à Terre within the following 72 hours.
  5. By submitting an inquiry, you will be opted to receive our Pied à Terre “The Art of Hospitality” emails.
  6. In connection with your requested reservation, you will be asked to provide customary billing information such as name, billing address and credit card information either to Pied à Terre or its third-party payment processor. You agree to pay Pied à Terre for any confirmed reservations in accordance with these Terms by one of the methods described on the Site – e.g. by bank transfer, PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card, PayPal account or bank account provided as part of requesting the reservation either directly by Pied à Terre or indirectly, via a third party online payment processor or by one of the payment methods described on the Site. You also authorize Pied à Terre to charge your credit card in the event of damage caused at a property as contemplated on the rental agreement, and for the Security Deposit, if applicable. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal data collection practices. You are advised to review the terms and conditions and privacy policy of these third parties before using their services.

Travelers using credit cards issued in certain countries may be subject to surcharges required by local law. You assume all costs, expenses, fees, taxes or other expenditures applied to any payments or wire transfers by any credit card company, bank or government authority involved in the transaction (even if the credit card company, bank or government authority technically charges Pied à Terre). Following successful processing of your initial reservation payment, Pied à Terre will send you a confirmation email summarizing your reservation. Pied à Terre reserves the right to charge the initial reservation payment and the Reservation Balance (as defined below) together, summing to 100% of total booking payment, upon reservation confirmation. Initial Reservation Payments will be calculated according to our reservation policies then in effect.

The Reservation Balance is the remaining balance of the total Booking Payment after deducting the Initial Reservation Payment. Payment of the Reservation Balance is due at least 10 days in advance of check-in. It can be paid via credit or debit card, or via U.S. bank transfer. Any and all commissions, charges, taxes and rates applicable to Reservation Balance shall be solely borne by the traveler.

In some destinations, you will be charged a service fee, which is payable in conjunction with the initial reservation payment. Additional fees may be charged for cleaning services provided more frequently than once per week during your stay. The Site or our reservations team will inform you of any fee prior to booking.

Any desired extension of a reservation that has already commenced will be subject to availability and will be treated as a new reservation. Consequently, the property may not be available to occupy and prices for the property may not be available at the same rate. Unless otherwise indicated at the time of the extension reservation, in order to confirm an extension with a start date within 30 days, you will need to immediately pay the full amount of the Booking Payment for the term of the extension. In order to confirm an extension more than 30 days in advance of its start date, 50% of the total price of the Booking Payment for the extended term will be due, with the remaining Reservation Balance for that term due 10 days prior to the extension start date. In either case, a new contract must be signed upon confirmation, and any monies paid towards an extension are non-refundable.

If, for any reason, the property booked becomes unavailable on the requested dates or if any problem or defect is discovered or occurs during check-in or during the traveler’s stay, which would frustrate the traveler’s use and enjoyment of the property prior to completion of the, Pied à Terre will notify the traveler that made the reservation and make all commercially reasonable efforts to provide an alternative property for the requested dates. Pied à Terre will use commercially reasonable efforts to locate an alternative property with similar amenities at the same price until the problem or defect in the property is resolved or the Reservation contract terminates (whichever is sooner), but if we cannot locate a suitable, similar property, we will inform the traveler of available alternative properties and how they differ from the reserved property with respect to features and price.

If the traveler is unsatisfied with the alternative property offered as a result of unavailability, a problem or a defect, he or she may choose to: (a) cancel the reservation and receive full reimbursement of the initial reservation payment and the Reservation Balance (if any) paid to Pied à Terre if the unavailability, problem or defect is discovered before or during check-in; or (b) receive a reimbursement proportional to the length of the unused reservation term if a problem or defect is discovered during the traveler’s stay.

Neither Pied à Terre nor the host will relocate travelers, reimburse reservation payments or cancel a reservation in response to requests or complaints resulting from or related to causes that are beyond Pied à Terre’s or the host’s control, unrelated to the property or due to acts of God or other force majeure event, including without limitation, general street noise or any kind of disturbance caused by construction, maintenance or repair (whether or not to the property or the building in which it is located), the condition of the hallways or other amenities, temporary malfunctioning of elevators, maintenance or repairs of common areas ordered by the building management, repairs to neighboring properties, interruption of the Internet or other services and any similar events affecting the traveler’s stay in the property but beyond the host’s or Pied à Terre ’ control.

Nevertheless, Pied à Terre will make commercially reasonable efforts to resolve or minimize the situation.  Pied à Terre cannot and does not guarantee that its eventual resolution of the situation will not increase expenses for the traveler, including increased reservation payments or other expenditures. A traveler’s exclusive remedies against Pied à Terre in any of the above-described events are to: (i) accept Pied à Terre’s alternative property arrangements or (ii) cancel the remaining portion of the accommodation agreement and receive a reimbursement proportional to the length of the reservation term cancelled.