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Owners Terms and Conditions
About Escaperental.com
Escaperental.com owned by Habitat Promo Inc., referred as "the site," is not a vacation rental agency it is just an advertising website, where owners or its agents (“owners”) place advertising listings to generate leads for their vacation rentals from potential renters (“renters"). The site is not part of the transaction between visitors and owners, therefore any transactions or attempt to transact are of the sole responsibility of owners and renters. The use of this website by owners does not create a fiduciary relationship with Escaperental.com and or its affiliates. Escaperental.com is an advertising website; we act as independent contractors only.
Authorized use of Escaperental.com
By using our Escaperental.com, owners and visitors agree to our term and conditions. If you do not agree to our terms and conditions you should not use our site. This agreement is legally binding for the site its visitors and owners
The use of our site is allowed only for personal use. Renters are granted the right to visit and use our website and to make inquiries in order to reserve a vacation rental properties listed by our owners.
The site must not be used for any reason other than to view or make legitimate inquiries to owners regarding your interest in particular vacation rental properties.
Visitors on our website may use our website only to browse our advertising listings and reserve a vacation rental property; they may not use our website for any other reasons more specifically to attempt to defraud an owner or for a speculative reservation for a gain. Escaperental.com cannot be used by individuals or companies to solicit our owners for any reason whatsoever.
The material included in our website is copyrighted in its entirety according to international copyright laws. Our site, its content, its database, its structure is protected by intellectual properties rights. Renters and owners are should strictly abide by this section of our terms and conditions. Copying and using the information contained in this website other than for your personal and non commercial use is prohibited.
The content of this website belongs to Escaperental.com. It is illegal to download or display our content partially or in its entirety on another website or any other medium without getting our prior written consent.
The use of our website should be restricted to vacation rentals description and should not be used for any other reasons such as posting defamatory or obscene material as well as posting pornographic material. Any unlawful activity is forbidden according to our terms and agreements. Any attempt to hack our computers, websites, servers, or to infect our systems with viruses are unlawful and will be ground for immediate legal proceedings.
The following practices are forbidden:
Copy, plagiarize, translate and publish part of entirety of our copyrighted content on any websites or any medium.
To use our site in any other way than the explicitly authorized way is not permitted.
To use our site in ways that adversely affects the performance or alters the usability or the functionality of our site
To attempt to infect our site with viruses, worms or anything that can cause to alter or affect our websites
Owners are forbidden to list or link to any other websites in the copy of their listing, if they do mention another website, the agreement will be immediately terminated without any refunds. Our proprietary software scans our website daily to search for fraudulent attempts by owners.
Escaperental.com rights responsibilities and exclusions:
Property Owners and Rental Agents shall indemnify and hold EscapeRental.com, its affiliates and its employees, agents, shareholders, officers, directors and successors and assigns harmless from and against any and all claims, loss of revenues direct or indirect, consequential, incidental, damages, liabilities, costs and expenses that might arise out of any breach by Property Owners and Rental Agents of any of the representations, warranties or agreements set forth in these Terms and Conditions. These limitations apply regardless of the source of the supposed alleged damages. The exclusive remedy for owners, its agents and any third party is to discontinue using the site. Escaperental.com depending upon the circumstances will determine if a prorated refund (according to time) will be implemented to the benefit of the owner or if he will retain all paid funds.
Should an owner be involved in a dispute with renters they agree to indemnify defend and hold Escaperental.com and its affiliates harmless from and against all liabilities and expenses (incurred by involved parties) which may have occurred by the use of the Site
Technical problems do occur; Escaperental.com is not responsible in the event that the website goes down due to a technical glitch. Should any problem occur Escaperental.com will not will not be liable, and therefore the temporary suspension of operation that might ensue will not be ground for partial reimbursement to the owner or any other compensation. Errors and defects on the website or its servers are usual with websites; they are being corrected as they are discovered they are not ground for litigation by owners or renters. Report errors and technical problems .
Applicable laws:
These Terms and Conditions shall be governed and construed under the laws of the State of Florida. Any dispute arising out of these Terms and Conditions or any Services provided by EscapeRental.com shall be resolved in the State courts located in Dade County, FL. All notices given by Property Owners and Rental Agents shall be in writing and addressed to: Escape Rental 1329 Alton Road, Miami Beach, FL 33139.
Payment:
Payment for listings must be made in U.S. Dollars paid by major credit cards trough out our secure pay system or pay pal.
Agreement's cancellation and termination:
Escaperental.com may refuse to post ads if its principals deem that the owner or its representative or the so called "owner and representatives" are behaving in an unethical way. Similarly, should the owner or representatives not behave ethically Rscaperental.com reserves the right to cancel the advertising agreement at any time without any refunds due to the advertisers.
EscapeRental.com may terminate the agreement with Property Owners and Rental Agents featured on our websites at any time without cause by sending notice by email. EscapeRental.com reserves the right to remove properties from its website for any reasons without prejudice.
If the site receives a complaint from a renter it reserves its rights to investigate and take the appropriate measures if needed. If the site determines that the owner has not behaved ethically with the renter it may terminate this agreement without compensation.
If we become aware of or receive a complaint from any person or entity regarding a member's listing or rental practices that, in our sole discretion, warrants the immediate removal of such member's allegedly offensive listing from the Site (for example, and without limitation, if a member double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair within the vacation rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from the Site without notice to the member and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive listing from the site without notice to the member and without refund.
Escaprental's rights and prerogatives:
Escaperental.com reserves its right to modify its website any time it seems necessary to improve the marketability of the listed vacation homes. Escaperental.com could do so without any notification. Owners allow Escaperental.com to publish reviews and testimonials placed by customers that actually stayed in rented property.
Owners understand that Escaperental.com might edit their listings to maintain or improve quality of the copy.
Owners understand that escaperental.com may use its listings in its affiliate's sites or/and other websites in order to generate additional leads that will benefit to owners.
Any attempts to avoid respecting terms and conditions of our agreement our rules will result in immediate contract cancellation. Escaprental.com may retain unearned fees as a way to compensate for the attempted or actual breach of contract. All listings removed from our website because of unethical behaviors or for violations of our terms and conditions will not be subject to any refund. The fact that we do not exercise or enforce our rights as per this terms and conditions agreement does not constitute a waiver of our rights. If a legally competent court of law finds that a provision of this agreement is not enforceable, the reminder of the full agreement shall continue to operate its force and effects.
The site has the right to feature the property listings in the position that it wishes in the result page without having to justify of its algorithm, it may also changes this position when it wishes at any point in time.
By accepting our terms and conditions, owners and its agents grants the site and its affiliates full rights to feature its listing on its sites or affiliated sites or any websites or medium that the site maintains relationship with, those rights are unrestricted for the world, are royalty free. The site may sublicense the listing to magazines, newspapers and other websites.
If you are a member, by accepting these Terms and by paying for and posting a listing on the Site, 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 content you post on the Site or the websites of our affiliates, and you grant the Site and its holding company.
Escaperental.com reserves its right to refuse any listing submitted without having to justify its decision. The owner whether already a client or a prospective client expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
The site may link to third party or affiliate websites through hypertext links or banners, those links do not mean that we endorse or take any responsibilities for the referred website.
Renters usually send an email or call owners to request information on a vacation rental property. Owners understand that the site is monitoring all emails initiated by its websites to ensure quality control and compliance to our terms and conditions. The site reserves its right from time to time to enter in communication with our visitors to ensure that their experience using our site is satisfactory. The site reserves it rights store and process data generated through our intermediary. Owners need to register in order to use our website, so they will have to create passwords and code. This information is strictly confidential and should be kept as is. Should the owner be negligent giving its confidential information to anybody severe consequences could follow. In the event that owners believe that its confidential information has been compromised they should notify us immediately and change its password and code. We will never ask your online confidential information, nobody should, if a request is made to you, please refuse and contact us. If you give your confidential information to a third party you will be held responsible for all transactions that this third person performed in your name. The site cannot be held responsible towards renters or owners should a breach of security occur in its online ID and results in financial damages to renter or owners.
The site reserve its right to change its terms and conditions it deems necessary, it can add remove or modify existing clauses superficially or drastically at any point in time. Changes will be performed on the website's terms and conditions pages, changes will take effect as soon as posted. By continuing to use the sites after any change you signify acceptance of the new terms and conditions that take precedence over the previous older terms and conditions version. The online terms and conditions apply to all owners and renters regardless as to when they entered into an agreement with the site. Any cause of action that you may have regarding the use of our website should be engaged within 1 year from the time you think a claim or cause of action comes up.
Restrictions on email uses received from our websites, 100% no spam policy
The site generate leads for your vacation rental, we grant you the right or license to use those leads (through the information provided by the prospective renter) exclusively to attain this objective. You can use the information provided for other purposes, you should keep the information strictly confidential. You may not create a mailing list to contact people that have sent you email through our site or affiliates this would be a breach of contract. You cannot sale or rent emails received through our website. You will not engage in spam activity.
Miscellaneous terms and conditions:
Our marketing service can be contracted only by legal entities or person that has the legal authority to enter this agreement. If you enter this agreement on the behalf of a legal entity you hereby warrant that you have the right to do so.
Owners or its agents represent that the information provided on the site is accurate, that they agree to update their information on the website when needed. We may request owners or its agents to provide proof of ownership or to provide documentation that attest that they can indeed legally rent the vacation property.
Owners or its agents represent that they own the intellectual rights or has secured the rights from the owners of those rights of all information uploaded on the website, including but not limited to copy and photographs and of people featured in the pictures if any.
Owners acknowledge that copy and pictures represent accurately the vacation property in its current condition and that nothing is done to misled renters.
Owners represent that they have the legal rights by the relevant legal authorities to offer their vacation property for short term rental.
Owners agree to implement changes requested by the site in order to improve the marketability of its listings, and maintain a good quality standard. In its sole discretion the site may decide to take out a listing if the owner does not agree and to proceed to a partial refund for the unused advertising time remaining in the agreement.
Owners cannot place any hyperlinks on our site; failure to comply will result in immediate cancellation of this agreement with no refunds.
Owners cannot refer to any personal or commercial websites in their copy, failure to comply will result in immediate cancellation of this agreement with no refunds.
Each listing is unique and should concern only one legal property, meaning one apartment or condominium. The copy cannot refer to several units available for rent in the same building. Each unit should have its own listing with its own pictures and description. In the case where a multifamily property has too many units available for rent, the site may in its sole discretion limit the number of listings for the same property. Properties cannot be substituted without written approval by the site, failure to comply will result in immediate cancellation of this agreement with no refunds.
The property in an advertisement may not be substituted by another property. If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
Any reviews by renters must be genuine, owners must bring proof that renter actually stayed in the property. The email of the renter should be provided we have the right to contact the individual to confirm his reviews and comments.
Owner's subscriptions run for the full period that was contracted, the site will not proceed to any refunds unless in its sole discretion he decides to do so as a commercial gesture.