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

 

Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.

Hosts further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.

Pied à Terre no es ni pasará a ser una parte ni un participante en ninguna relación contractual entre Miembros, ni tampoco constituye un agente inmobiliario ni de seguros. Pied à Terre no actúa como agente en capacidad alguna para ningún Miembro, excepto conforme a lo dispuesto en los Términos de Pago.

Hosts who accept credit card, banking or other payment information from travelers agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.

Although most travel is completed without a serious incident, travel to some destinations may involve more risk than others.  We urge travelers to research the location they wish to visit and to review travel prohibitions, warnings, announcements and advisories issued by the United States Government before booking.  Information may be found at www.state.govwww.tsa.govwww.dot.govwww.faa.govwww.cdc.govwww.treas.gov/ofac and www.customs.gov.

While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions.  When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.

Users are granted a limited, revocable non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on the Site or for any other purpose clearly stated on a Site, all in accordance with the Terms.  Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.

By submitting or authorizing user-contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user-contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing, we will not continue to display the user-contributed content that was displayed in such listing.

You further grant us and our affiliates the ability to register copyright in and protect the user-contributed content, including the images, copy, and content available via any host’s listing, from the unauthorized use of the user-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means.  This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name.  You further agree to appear and assist us—at our expense and control—with protecting such copyrighted material from unauthorized redistribution.

You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the host’s property listing or otherwise provide promotional or other services related to our business.  In the event that you retain any rights of attribution, integrity or any other moral rights in any user-contributed content, you hereby waive your right to assert these or to require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates.

The license to use the Site only extends to the uses expressly described herein.  The license to use the Site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us.

Unauthorized uses of the Site also include, without limitation, those listed below.  You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:

  • Any commercial use of the Site or any content on the Site, other than by hosts for the purposes for which the site is intended;
  • Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a rental of a property other than a property listed under a valid subscription or pay-per-booking product;
  • Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever;
  • Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
  • Deep-link to any portion of the Site without our express written permission;
  • Modify, translate into any language or computer language or create derivative works from, any content or any part of the Site;
  • Reverse engineer any part of the Site;
  • Sell, offer for sale, transfer or license any portion of the Site in any form to any third parties;
  • Use the Site and its inquiry or booking functionality other than to advertise and/or research vacation rentals, to make legitimate inquiries to our hosts or any other use expressly authorized on the Site;
  • Use the Site to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
  • Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
  • Use or access the Site in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Site or any other system used by us or the Site.

If you are aware of, or experience, any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please contact us and let us know.

We respect the intellectual property rights of others, and Pied à Terre does not permit, condone or tolerate the posting of any content on the Site that infringes any person's copyright.  Pied à Terre will terminate, in appropriate circumstances, a host or traveler who is the source of repeat infringement of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement (or DMCA Policy), which are incorporated by reference into these Terms.

The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, under applicable U.S. and international copyright laws and conventions and database rights.  You agree to abide by any and all copyright notices, information or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site other than for your personal, noncommercial use (other than in accordance with a valid listing) is expressly prohibited without prior written permission from us. As part of the rental inquiry or reservation process, for your own personal, noncommercial use and not for further distribution, you may download, display and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.

When you provide your e-mail address, name or other personal information to us in connection with your use or access to the Site, any service or tool provided on the Site or otherwise, you agree to allow the Site and its affiliated websites to add your e-mail address, name or other information provided to our database of users. You may receive one or more promotional e-mails from either the Site or a website of one of Pied à Terre’s affiliates. You are welcome to opt not to receive such promotional e-mails from the Site or such affiliates’ websites at any time. Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of, and agreement with, our Privacy Policy.  We adhere to strong principles of privacy. You agree that we may access and use your user-contributed content in accordance with these Terms or our Privacy Policy and we agree that we will only disclose your user-contributed content in accordance with these Terms and our Privacy Policy.

If you provide any information or data submissions, or any feedback, to us, you agree that: (i) your submission and its contents will automatically become the property of Pied à Terre, without any compensation to you; (ii) Pied à Terre may use or redistribute any such submission and its contents for any purpose and in any way; (iii) there is no obligation for Pied à Terre to review any submission; and (iv) there is no obligation to keep any submission confidential.

User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to communicate directly with a traveler or host through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for travelers, of the property and relevant details of your booking or proposed booking.

You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password.  Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.

We may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as inquiring about or booking a property or charging a personal credit card). Any other purpose will require express permission from the user.  You may not use any such information for any unlawful purpose or with any unlawful intent.

In all cases, you must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss or unauthorized transfer of such information.

We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a short-term property from you or to you, to your mailing or messaging list (electronic or physical) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.

We have no duty to pre-screen content posted on the Site by hosts, travelers or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user.  We are not responsible for user-contributed content, which includes information that a user or any other person provided to a third party website or mobile application that is then provided to our Site by a tool we offer or any other exchange of user-contributed content we have authorized.

We reserve the right to decline to permit the posting on the Site of or to remove from the Site any user-contributed content that fails to meet our Content Guidelines, which are incorporated by reference into these Terms, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, have been apparently breached in respect of such content, as determined in our discretion.  Finally, we reserve the right, but do not assume the obligation, to edit a host’s content or user-contributed content in a non-substantive manner solely to cause the content to comply with our Content Guidelines or formatting requirements or to provide services to hosts to create or improve listings (such as translation services), in accordance with information we have about the property listed. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.

At a minimum, user-contributed content must (as determined by us in our discretion):

  • not infringe anyone's rights, including but limited to copyright and rights of publicity and privacy, violate the law or otherwise be inappropriate;
  • not include personal information of another that can be used to identify or contact any person;
  • not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
  • be directly related to the Site, business service, product or forum where the content is submitted;
  • not be obscene, abusive, discriminatory or illegal; or
  • not be false or misleading.

Although Pied a Terre strives to make every property listing meet the Pied a Terre standards, property listings on the Site remain the sole responsibility of the host and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews or any alleged breaches of contract on a user's part.  Hosts are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to, any and all representations about any property, its amenities, location, price and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, traveler or property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date, even in the case where travelers have searched for specific dates or types of properties.

We also may from time to time create new descriptions or otherwise change the location or geographic descriptions we use to identify properties in their listings and search results.  Consequently, we may change the location or geographic description associated with any property listing at any time without notice.  However, we assume no responsibility to verify property listing content or the accuracy of the location. Hosts are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy and travelers are solely responsible for verifying the accuracy of such content and descriptions.

All other user-contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third-party website.  Users are solely responsible for their user-contributed content and we specifically disclaim all liability for user-contributed content. The user represents and warrants that the user owns or otherwise controls and has all necessary legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user generated content without such proof or if such proof is, in our sole discretion, insufficient.

We charge a service fee payable by travelers who book a property on the Site via the Site checkout. The service fee covers the use of the Site, including such features as 24/7 user support, and is calculated as a variable percentage of the total reservation amount (which may or may not include additional fees, taxes and damage deposits). Depending on the laws of the jurisdiction of the traveler and/or host, value added tax (VAT) may be charged on top of the service fee. The exact service fee (and any VAT, if applicable) charged will be displayed to travelers at the time of booking. The service fee plus applicable VAT will be charged after both the traveler and host accept the reservation. The service fee will only be refunded in the event a host accepts cancellation of the traveler’s reservation and refunds the entire rental amount.  Any taxes alleged to be owed by any taxing authority on the service fee are the responsibility of Pied à Terre and hosts have no responsibility for any such claimed tax liability. Hosts agree not to encourage or advise a traveler to avoid or circumvent the service fee charged by Pied à Terre.

If the Site offers a tool or service that allows us to access or use any profile or other information about you that you have provided to Facebook or another third-party website (each a “Social Media Site”) and you decide to use such tool or service, you acknowledge and agree that:

  • The information or content that is a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”), may be accessed and used by us in connection with the Site;
  • The Social Media Content will be considered user-generated content under these Terms and both you and we shall have the same rights and responsibilities as you that we have with respect to user-generated content under these Terms;
  • In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
  • The operation of your profile and account with and on the Social Media Site shall continue to be governed by the terms and conditions and privacy policy of such Social Media Site.

If any user-contributed content created by hosts or users is translated for display on the Site or any site of any affiliate of Pied à Terre, we cannot guarantee the accuracy or quality of such translation and the user is solely responsible for the review, verification and accuracy of such translation.  Maps provided on the Site that are provided by Google are subject to the Google Maps terms and conditions.

All software available on the site (the “Software”) is the copyrighted work of Pied à Terre, an affiliate of Pied à Terre or an identified third party.  Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software.  If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal and nontransferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.  COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

The Site is controlled and operated by Pied à Terre or an affiliate of Pied à Terre in the United States. Accordingly, the Software is subject to United States export controls.  No Software available on the Site or software available on any other site operated by Pied à Terre or an affiliate of Pied à Terre in the United States may be downloaded or otherwise exported or re-exported (i) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.  By using the Site, you represent and warrant that you are not located in, under the control of, or a resident of any such country or on any such list.

This Site may contain links and pointers to other Internet sites, resources and sponsors of the Site. 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, the third-party sites or the contents thereof.  We may also provide tools to allow interaction between the Site and a third-party site, such as a Social Media Site. 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.

IN NO EVENT WILL PIED À TERRE, OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “PIED À TERRE GROUP”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A HOST OF THE PIED À TERRE GROUP (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY HOST OF THE PIED À TERRE GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.   YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE.  WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH HOST OF THE PIED À TERRE GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH HOST OF THE PIED À TERRE GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHTOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.

WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

Pied à Terre’s right to amend these Terms, in whole or in part, at any time as set forth below in Section 20 does not apply to this "Disputes; Arbitration" section. The version of this “Disputes; Arbitration” section in effect on the date you last accepted the Terms controls.

Pied à Terre is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Site, any dealings with our customer experience agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting Pied à Terre Customer Support. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

ANY AND ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location.

By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Pied à Terre Legal: Arbitration Claim Manager,” at 698 Morgan Way, El Cajon, California, 92020.  If we request arbitration against you, we will give you notice at the email address you have provided. The AAA's rules and filing instructions are available at www.adr.org.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.

These Terms are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), AAA Rules, federal arbitration law, and for U.S. residents, the laws of the state in which you reside (as determined by the billing address you have provided us), without regard to conflict of laws principles. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law.

In addition to being bound by the other terms set forth herein, users and hosts who use Pied à Terre’s proprietary tools to enable users to book and/or pay for the rental of properties online on one or more of the Sites (collectively, the “Reservation Services”) are also bound by the following terms, which are in addition to any other terms applicable in connection with using the Site.  In addition, if such Reservation Services include payment or other services provided by a third-party provider, such services are subject to the additional terms and conditions and privacy policies of such third-party providers.

We provide Reservation Services to manage inquiries, quotes, and rental agreements and to allow for payments to be made relating to the rental.  Please review the following terms and the terms and conditions of any third-party provider carefully. If you do not agree to these or such third-party provider’s terms, you have no right to obtain information from or otherwise continue using our Reservation Services. Failure to use our Reservation Services in accordance with the following terms of use may subject you to severe civil and criminal penalties and other liability.

By utilizing a rental agreement as part of the Reservation Services or otherwise displaying terms relating to the rental as part of the online booking process (including such terms that we may require), the traveler and host each agree to the terms and conditions set forth in the rental agreement or other such terms displayed in the booking process (including without limitation the cancellation refund policy) effective as of the date that the user indicates acceptance of the booking or rental agreement, as applicable. You hereby acknowledge and agree that (i) you are fully responsible for such terms and conditions, (ii) any rental agreement used by either party, is used solely at their own risk and expense, (iii) nothing contained in the Reservation Services, these Terms or any sample rental agreement is a substitute for the advice of an attorney and (iv) that you have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, state and local law and their particular circumstances, and to revise the rental agreement as necessary to accurately represent the property, rules, features, etc.

Users are solely responsible for obtaining insurance coverage sufficient to protect their properties and guests or their trip, as applicable.  Hosts agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the properties they list on the Site before the arrival of their first traveler and will maintain adequate insurance coverage through the departure date of any traveler they have obtained via our Site. Further, hosts agree to provide us with copies of relevant proof of coverage upon request.

  1. Independent Contractors Relationship. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
  2. Notices. Except as explicitly stated otherwise, any notices to us shall be given by postal mail to: Pied à Terre.com, Inc., Attn: Legal Department 698 Morgan Way, El Cajon, California, 92020. When we need to send you notice, it will be sent to the email address you provide to the Site during the registration or booking or inquiry process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical address provided to us during the registration process or as later updated in your account (if applicable). Notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.
  3. Changes to Site. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability.  This version of the Terms became effective on the date set forth above and this version amends the version effective before such date.  We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time.  Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. When hosts renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above. We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms.  In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product or service.  We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any user. Any such terms and conditions will not be enforceable unless specifically agreed to by us.
  4. Subscription Rates and Fees. Subscription rates and fees (including any commissions) charged for any listing that is not subscription based (such as pay-per-booking) are set at the time of a user or host’s purchase of the subscription or renewal or sign up for the non-subscription-based listing, as applicable.  Such rates and fees are subject to change without notice or approval.  For subscription listings, the rates in effect at the time of the host’s next subscription renewal, new listing or a host’s upgrade or any other additional or new order of any product or service will govern for such renewal or other order.  The fees and commissions applicable to pay-per-booking listings offered on one or more Sites will be displayed under the “List Your Property” tab when such product is generally made available on a Site or shall be otherwise set forth in a communication between us and the host. The types of products and services (including the features, terms and operation thereof) offered at the time of a host’s subscription or sign up for a non-subscription-based listing are subject to the descriptions displayed at the time of use and/or purchase and are subject to change without notice or approval.   We further reserve the right to offer additional products, services or features for purchase at any time.
  5. Termination of User’s Access to Site. We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site.  However, we do not guarantee that we will take action against all breaches of these Terms.  Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach.
  6. Entire Agreement. These Terms constitute the entire agreement between us and you with respect to the matters set forth herein and supersede any prior agreement between us and you with respect to your use of the Site.  Headings in these Terms are for reference only and do not limit the scope or extent of such section.  In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail.  If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect.  Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
  7. Assignment. We may assign these Terms or any of our rights in our sole discretion.  Users must obtain our prior written consent to assign these Terms or any of user’s rights, which may be granted or withheld by us in our sole discretion.
  8. Non-Discrimination. Pied à Terre has a zero-tolerance policy regarding acts of discrimination (including but not limited to race, ethnicity, religion, national origin, disability, sex, gender identity, or sexual orientation), harassment, or violence and we will use our discretion to remove any travelers and/or owners/property managers from our website who exhibit or promote such behavior.  Pied à Terre reserves the right to enforce this policy in its discretion and on the basis that the safety or property of owners and travelers is at risk.
 

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. 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.

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 payment. 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.

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 Conditions 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, Pied à Terre will contact the host to verify whether the property is available. Certain properties are listed on the Site with the “Reserve Now” option. For properties that can be reserved through this option, hosts have already provided Pied à Terre with the availability of the 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.
  5. By submitting an inquiry, you will be opted to receive our Pied à Terre “The Art of Hospitality” emails.
  6. Your delay or failure to make the initial reservation payment within the Reservation Payment Period will result in the lapse of the hold on your requested dates at the property, and Pied à Terre will not be able to guarantee the property’s availability for the requested dates. If you make the reservation payment outside of the Reservation Payment Period and the property is no longer available, Pied à Terre will reject the payment, in which case you should receive a refund of the entire amount of the payment less any non-refundable credit card charges, bank transaction fees or similar charges.
  7. 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.
  8. 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.