Disclaimers for Booking Universe Owners/Managers and Renters
Booking Universe (hereafter referred to as
bookinguniverse.com) is a website and property management software product that provides
online and live reservation specialist booking services, and may provide certain referrals
to independent, non related concierge, property management, cleaning services and other
local service providers in various communities. All information such as descriptions,
directions, photographs, text, illustrations, messages, availability calendars, email responses,
and other materials (collectively, "Content") are provided by the vacation rental owners/managers,
and Booking Universe disclaims any liability with respect to such Content.
Acceptance of Terms of bookinguniverse.com
Please read these policies, procedures, and disclaimer statements carefully
before accessing or using this site as this notifies you in writing of bookinguniverse.com
limited liability and your responsibilities incurred by utilizing the services of this website.
It is for your protection and information. By using bookinguniverse.com services and site, you
agree to the terms and conditions of these policies, procedures and disclaimers.
bookinguniverse.com reserves the right to change the site or terms of the site at any time
without prior notice. If you do not agree to all of the terms of this agreement, you may not
access or use any part of the Service.
The vacation rental owner or manager, referred to as the owner/manager is
solely responsible and assumes all liability for maintaining and confirming all reservations
on their own rental calendar, to include but not limited to confirming the final reservation,
setting up all email responses, and the collection and or/refund of any rental fees and deposits.
No Liability for the Actions of Unrelated Service Providers
bookinguniverse.com is not liable or responsible for the actions or
inactions of any referred concierge, cleaning, or other service provider, and will not become
involved in any conflict or dispute between the owner/manager and any referred concierge,
property management, cleaning or service provider. We recommend that all owner/managers confirm
references, receive quotes in writing, check the Better Business Bureau for complaints, and
confirm bonding and insurance as well as any other relevant information on all service providers
before retaining their services. We require proof of bonding and insurance and references from
all service providers, but owner/managers should not rely solely on the information provided by
Booking Universe. We serve only as a basic referral service, and in some cases as a billing agent.
Booking Errors
bookinguniverse.com is not liable or responsible for booking errors or misquotes of rental fees or costs, to
include the loss of rental fees, legal fees, expenses or other costs that occur because the vacation owner or
manager does not modify, update or confirm bookings on their online calendar or double books the property.
bookinguniverse.com relies solely on the information provided by the vacation rental owner or manager
concerning rental fees, deposits, property information, refund and cancellation policies, and property
availability and does not confirm said information.Please check and audit all rental fees carefully to make sure they are accurate as Booking Universe solely relies on this information when the system quotes rates.
Rental Fees, Refunds and Calendar
bookinguniverse.com does not collect, maintain or refund any rental fees or
deposits. All payments are made directly to the owner/manager via their merchant account, or by
other method established by the owner/manager. All refund requests and payment arrangements must
be made directly to the owner/ manager.
bookinguniverse.com is not responsible for any of the listing information,
availability status, and or pricing information provided by owners/managers on this or any other
vacation rental listing site. Owner/ Managers assume full and sole responsibility for managing,
modifying and updating their property’s availability calendar to guarantee accuracy as
reservations may be taken outside of the Booking Universe system. Owner/ Managers also assume
full and sole responsibility for providing accurate, up to date availability information, rates,
fees, tax info and discounts that is used by the Booking Universe booking system.
This information can be provided to Booking Universe in Owner’s Place.
Booking Universe relies on the information provided by the owner/ manager in providing booking
quotes and availability. Owner/ Managers solely control the booking of their property and make the
final decision as to whether or not to accept or honor any booking reservation made.
Renters are responsible to confirm information provided before booking any
property. One way to do so is to request references from previous guests or by contacting the
Better Business Bureau. bookinguniverse.com does not inspect or verify the existence or condition
or availability of any property listed on the site. Owners are responsible to pre-qualify all
renters before entering into a contract or allowing a rental engagement. bookinguniverse.com
will not become involved in any disputes between owner/managers and renters or prospective renters.
We strongly suggest all owners obtain written contracts for their protection
and collect sufficient damage deposits. Some normal wear and tear should be anticipated from a
vacation rental property. bookinguniverse.com is not liable for any claim between renters, home
exchangers and owners, property managers or any other injured party. Renters, home exchangers
and Owners, or Managers assume all liability for use of bookinguniverse.com’s booking
and other related or offered services.
Listing Information
bookinguniverse.com is not responsible for any of the listing information
and or pricing information provided by owners/managers on this or any other vacation rental
listing site. Renters are solely responsible to confirm information provided before booking any
property. One way to do so is to request references from previous guests or by contacting the
Better Business Bureau. bookinguniverse.com does not inspect or verify the existence or condition
of any property listed on the site. bookinguniverse.com does not provide travel insurance and
will not be liab le or responsible for any loss due to a renter’s inability to utilize
the rental for any reason. The renter should purchase appropriate vacation travel insurance to
protect themselves. Owners are responsible to pre-qualify all renters before entering into a
contract or allowing a rental engagement. bookinguniverse.com will not become involved in any
disputes between owner/managers and renters or prospective renters.
We strongly suggest all owners obtain written contracts for their protection
and collect sufficient damage deposits of at least $500 or more. Some normal wear and tear should
be anticipated from a vacation rental property. We suggest you take pictures of the property before
and after a rental, and have a detailed inventory list of all contents.
bookinguniverse.com is not liable for any claim or dispute between renters,
home exchangers and owners, property managers or any other injured party. Renters, home exchangers
and Owners, or Managers assume all liability for use of bookinguniverse.com’s booking and
other related or offered services. bookinguniverse.com will not become involved in any disputes,
or disagreements between renters or owners/managers concerning any matter.
Email Delivery
Internet e-mail delivery is not 100% reliable and email can be spammed out
therefore bookinguniverse.com cannot be held responsible for undelivered vacation rental
inquiries or for missed income as a result of undelivered inquiries sent from any unrelated
vacation rental listing services subscribed to by the owner/ manager, nor is bookinguniverse.com
responsible for responses to email vacation rentals request that are not received by the prospective
renter for any reason.
Owner/Managers: Please be sure to set your spam filters on your personal email
account to accept all email messages from bookinguniverse.com.
We will need to be able to communicate with
you via email to inform you of bookings and other crucial information. Please keep your email and
contact information current and up to date in your Owner’s Place.
bookinguniverse.com at its own discretion with the permission of the
owner/manager, may supply to potential renters the direct e-mail address and or phone number of
bookinguniverse.com owner/managers for the purpose of answering questions about a vacation
property or to complete a booking.
bookinguniverse.com and its owners, employees or contract workers are not
responsible for the accuracy, or content of the vacation rental information provided in this
website, on the owner or manager’s website, the online booking calendar or in email
promotional materials on the website or in emails sent by the owner/manager.
Owners/Managers - If the operators of bookinguniverse.com are unable to
provide the promised level of service for any reason, including, but not limited to service
outages, war, acts of God or negligence, neither bookinguniverse.com or its owners can be
held liable for any costs beyond the prorated costs paid by the client for the services which
were not provided. bookinguniverse.com does not guarantee that the bookinguniverse.com
website will be available 100% of the time.
Disputes
Any and all disputes between bookinguniverse.com and an owner, renter,
prospective renter or manager, or other involved parties shall be construed in accordance with
the laws of the Colorado. This Agreement shall be construed in accordance with the laws of the
Colorado, any and all disputes, controversy or claims shall be submitted to jurisdiction of the
Colorado, disregarding conflicts of law, forum and venue.
Any dispute, controversy or claim arising out of or in connection with this
Agreement will be settled by binding arbitration, in the state of Colorado, utilizing the American
Arbitration Association, with all hearings to be held in Denver, Colorado. You agree to be bound
by the ruling arbitrator. The costs of the dispute are borne by the originator.
bookinguniverse.com highly values the integrity of our vacation rental booking
website, we would greatly appreciate any feedback regarding your experience with our vacation rental
homes. We will remove owner/managers that show a repeated history of negative feedback. Please e-mail
us at clientrelations@bookinguniverse.com. However, bookinguniverse.com will not become involved
in any disputes, controversy or disagreements between renters or owners/managers concerning any matter,
including but not limited to damage to the property.
Should bookinguniverse.com be forced to participate or testify in any dispute
despite the terms of this agreement between renter and owner/manager then all costs of such action,
to include but not limited to: staff and administrative time at a cost of $75.00 per hour, travel
time, travel expenses such as airfare, lodging, attorney fees, collection costs and other related
costs and expenses shall be reimbursed to bookinguniverse.com by the non-prevailing party.
Transfer of Program Memberships
bookinguniverse.com memberships are transferable upon request of the
owner/manager. As such, if you transfer membership, have the new owner supply us with their
name and address, as well as billing information. We will confirm the transfer with the new
owner. The new owner may modify their membership, and will be obligated for any additional
charges if they upgrade their membership status. There is a $25.00 transfer fee for the
administrative time incurred to facilitate the transfer. If you wish to cancel your service
due to a sale or transfer or other reason, the cancellation policy below will apply.
Cancellation by Owner or Manager
Vacation rental or exchange listings with bookinguniverse.com can be
canceled at anytime from your Owner’s Place. Starting within 5 business days of receipt
of the written notification, bookinguniverse.com services will cease. However, it is the
responsibility of the vacation rental owner/manager to modify all the email information on
all of their vacation rental listings services so we no longer receive their vacation rental
requests. Once services are cancelled, either because of a cancellation action by the
owner/manager or for any other reason, all rental requests will be forwarded to the last
known email address provided by the owner/manager. bookinguniverse.com is not liable for
bounced emails or forwarded emails that are not received, for any reason, by the owner/manager.
No refund or pro-rated credit will be issued for cancellation of the vacation home or exchange
listing by owner or manager. All fees paid for membership are non-refundable. If the owner has
purchased website design services, they can transfer their website to another ISP for hosting
upon request. Processing of the transfer is $25.00 for administrative fees. Any pre-paid ISP
hosting or domain name services are non-refundable.
Rental Inquiries Reliability
Booking inquires and responses are delivered through the bookinguniverse.com
system and may be monitored and reviewed by the bookinguniverse.com staff from time to time to
protect owners/managers from spam. However, bookinguniverse.com cannot guarantee that all spam
inquiries will be caught and deleted.
bookinguniverse.com cannot guarantee that all Internet email will be delivered
properly as email delivery is not always reliable. bookinguniverse.com is not to be held responsible
for any loss of emails, incomplete emails, privacy of your emails, or subsequent missed income or
income opportunity as a result of missed undelivered email inquiries.
Confidential Information
bookinguniverse.com will collect personal and confidential information such as
email address, physical addresses, phone numbers etc necessary to conduct its vacation booking services.
bookinguniverse.com will not share any personal information with any third parties without your
express permission.
If such information is needed for a contest, promotion or affiliate site, the
owner’s permission will be obtained before providing or using this information.
Protecting the privacy of our clients is very important to bookinguniverse.com. Your
information will never be shared or sold to any third party.
Spam
bookinguniverse.com does not condone spamming and will make reasonable
efforts to protect its owners from spam. California has recently enacted tough anti-spam laws
that all parties who intend to spam should review. bookinguniverse.com reserves the right to
cancel services to those who violate the anti-spam policy by engaging in Unsolicited Commercial
Emails utilizing bookinguniverse.com website or by using the information it contains for spam
purposes.
Additionally, unauthorized use of vacation rental listing information used by
third parties will be subject to the relevant copyright law violations and may be subject to
criminal and civil prosecution. Pursuant to US Code , Title 47, Chapter 5, Subchapter 11, p 227,
an and all non-solicited commercial email sent through bookinguniverse.com and its client members
shall be subject to a $500 fee. We will prosecute any person or organization found collecting or
sending SPAM emails to our members.
Updated on February 5, 2005.
|