Terms and Conditions
Use of Web Site

Terms of Use
www.rentforthegames.com

I. General Terms Of Use

1) Acceptance of the Terms

The use of the www.rentfortheholidays.com (the "website") and the services available from the website is subject to the following Terms and Conditions which should be read carefully before using or registering with the website. By entering the website you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions you are not authorized to enter or use the Website, and you shall not enter or use the Website.

2) The Website

a) The website is operated by Schoenberg Investments Ltd, Canadian Company incorporated under the laws of British Columbia. You acknowledge that the website, and the applications, technologies, and other services available through the Website from time to time, are strictly advertising tools made available for your use, which you agree to use only in compliance with these terms and conditions.

b) Neither the Website, nor anything located at or made available through the Website shall create any relationship of agency, partnership or joint-venture, between you (reference to which includes any company or business that you represent) and the Company. At all times, and subject to another written agreement signed by you and the Company, you and the Company shall remain independent contractors whose relationship is governed strictly by this Agreement.

c) Further, the Company does not provide, and the Website shall not be deemed to provide, any property management or any other real estate related services either to you or on your behalf.

3) Accessibility

The website is a public website available to be accessed by anyone, subject to these terms and conditions. Some features and benefits of the website are available only after completing a registration. By registering you agree to provide true and complete information.

4) Privacy

a) Privacy and confidentiality are very important to the Company. All information received by the Company from users of the website will be governed by the provisions of the Company and website's Privacy Statement.

b) Despite the above, there is no guarantee that personal information and transactions on the website or on the internet generally will be maintained confidential and secure. Your use of the website, the Internet generally (including email and other communications and publishing methods), and the Content is at your own risk, and the Company assumes no liability or responsibility pertaining to the Content, your use of the Website or the receipt, storage, transmission or other use of your personal information.

c) The Company will not be responsible for any damages you or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize the Company to make by using the Website, or for any errors or any changes made to any transmitted, stored or received information of any nature.

5) Restrictions and Allowable Uses

a) All content available through the Website, whether images, applications, software, text, and any other content of any nature (the "Content"), is, subject to theses terms and conditions, the sole property of the Company. The Content is protected by relevant laws governing intellectual property including, but not limited to, copyrights, trademarks, service marks, patents or other intellectual property and proprietary rights and laws. It is also protected by applicable laws governing privacy, contract, and otherwise.

b) Use of the Website and the Content in breach of these terms and conditions may violate copyright, trademark and other laws. You warrant, represent, and promise that in using the Website you will not violate or infringe upon the rights of any other persons, and you will not contravene any applicable law.

6) Trademarks

"Schoenberg Investments" "Rent For the Holidays", and other marks which may be displayed from time to time on the Website are trademarks owned by the Company or owned by other respective trademark owners under licence to the Company. You agree not to display or use in any manner any of these marks without the prior permission from the Company or the respective owner, as applicable. Third party trademarks, service marks, logos and trade names, as applicable, are the sole property of their respective owners, and are published at the Website in accordance with these terms and conditions. To be clear, no licence in or to any of the Content is granted to you.

7) Termination

a) The Company may suspend or terminate your membership and/or deny access to the website without prior notice and without refund to you if, in the reasonable and sole opinion of the Company, you have breached any terms of these terms and conditions.

b) The Company may terminate this Agreement, and terminate all or any aspect of the Website upon notice to you, provided that the Company will either:

i) refund to you, on a pro rata basis, any amounts owing in respect of subscription or other services that you have paid for but that the Company will not provide as a result of the termination (the "Cancelled Services"); or

ii) provide you with third party or other services alternate and equivalent to the Cancelled Services, in which upon notice to you of provisions of such services the Company shall be fully and completely discharged from any further obligation to you.

c) You may terminate your use of the Website at any time, provided that any payments you have made in respect of your use of the Website shall be completely non-refundable. In the event that you voluntarily discontinue to use the website, these terms and conditions will continue to apply to all of your use, whether pat a past or future time, of the website.

8) Limitations, Disclaimer, and Indemnification

a) You agree to use and interact with the Website solely at your own risk.

b) Accordingly, you agree to fully and completely, on a solicitor and own client basis, indemnify, defend and hold harmless the Company, its officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, content providers and suppliers from any and all third party claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorney's fees) arising from your failure to comply with these terms and conditions, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, and from anything or any claims, threatened claims, or other thing arising in any way, whether directly or indirectly, from your use of or interaction with the Website.

c) Also, the Website may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with, or otherwise endorses, same.

d) The mention of another party, or its product, service, or opportunity, on the Website, including real estate properties made available by other users, any third party advertising, or any other comments, is not and should not be construed as an endorsement of that party or its product, service, or property.

e) In no event will the Company, its affiliates, agents, licensors, suppliers, or their respective directors, officers or employees be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to: damages for loss of use, lost profits or lost savings, even if the Company or any of its lawful agents or employees have been advised of the possibility of such damages or claim.

f) In no event will the Company, its affiliates, agents, licensors, suppliers, or their respective directors, officers or employees, be liable for damages or losses resulting from: viruses, data corruption, failed messages, transmission errors or problems; telecommunications service providers; links to third-party websites; the Internet backbone; personal injury; third-party content, products or services; damages or losses caused by you, or your respective employees, agents or subcontractors; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use the Website or the Content; any other website accessed to or from the Website; or events beyond the reasonable control of the Company, even if the Company or any of its lawful agents, or employees have been advised of the possibility of such damages or claim.

g) In no case will the Company's, its affiliates', agents', licensors', suppliers', and their respective directors', officers' and employees' cumulative total liability arising under any cause whatsoever (including without limitation breach of contract, tort, negligence, gross negligence, or otherwise) be for more than the amount, if any, paid by you under this Agreement to access the Website, in the year in which the claim arose.

h) The company assumes no obligation to update the Content on this site. The Content on this site may be changed without notice to you. The company is not responsible for any content or information that you may find undesirable or objectionable. The Company disclaims any liability for unauthorized use or reproduction of any portion of the Website. Accessing the Content from territories where it may be illegal is prohibited.

9) Alteration

a) This Agreement may be altered and amended by the Company from time to time without further notice to you, and you shall be fully bound by all such alterations and amendments from time to time, provided that all such alterations and amendments will not be in effect until the Company publishes them on the Website.

b) Your access to the Website or use of the Website after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

10) Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada with application therein. You agree to completely attorn to the jurisdiction of the courts of British Columbia, and all matters of any dispute shall be either settled directly between the parties or brought before a court of competent jurisdiction.

11) Refund Policy

No refunds will be given by the Company in respect of your use of the Website.

12) Property Owner Provisions

The Property Owner Provisions which govern listings by property owners of real estate properties through the Website are available here [link]. These provisions are explicitly incorporated into these terms and conditions and are a material part of your agreement with the Company.

13) Property Rental Provisions

The Property Rental Provisions which govern rentals of real estate properties through the Website are available here. These provisions are explicitly incorporated into these terms and conditions and are a material part of your agreement with the Company.

14) Interpretation

The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in this Agreement, unless otherwise specified, are in Canadian dollars.

15) Severability

Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

 

II. Rental Guarantee Terms and Conditions

AVAILABILITY AND PARTICIPATION

1. Rental Guarantee (RG) is a program that aims at creating a trusted and dependable marketplace for the Rentals by Owners (RBO) industry.

2. Everyone can apply to be covered by the RG, however the Company reserves the right to only grant coverage to individuals specifically designated by the Company. Only individual and businesses officially Accredited by the Company will be eligible for coverage under this program. Certificate of Guarantee will be awarded for a maximum of 6 months at a time after which it can be renewed, revoked or expire. Certificate of Guarantee will be displayed on each individual property listing.

3. RG will be awarded to individual and businesses based on Company’s investigation of business. The company may at any time or for any reason refuse to issue coverage or to revoke existing coverage without notice.

4. The Company is under no obligation to disclose the investigative process or results of an investigation or to provide a justification for a decision to issue or refuse to issue, revoke, cancel or suspend a certificate.

5. The company assumes no n\liability whatsoever for any damages alleged or factual resulting from issuing, refusing to issue, revoking or suspending a certificate.

6. Application for a certificate can be made by applying for RFTH Accreditation, which is an additional paid service. There are two levels of accreditations: Basic and Full. Basic Accreditation carries with it a $5,000 Rental Guarantee. Full Accreditation carries a $10,000 Rental Guarantee.

END USER (GUEST) TERMS

1. Rental Properties that display RG Certificate have been confirmed and accredited by RFTH team and the Company guarantees the legitimacy of the Property with a $5,000 -$10,000 Rental Guarantee. This Guarantee only applies to bookings generated by the advertisement on RFTH.

2. Guests are not automatically covered by the RG. Guest must register their bookings directly with the company using RG Registration. Once Guest`s booking is registered, the company will issue a confirmation of registration and the amount of coverage. The company will not consider claims arising from non-registered bookings.

3. Guests must register their booking at least 5 business days prior to arrival at the rental property.

4. RG Coverage is extended in the even of following:

a. Rental Property does not exist and a fraudulent listing was set-up on RFTH

b. Rental Property exists but is not owned by the author of the listing and the owner is not aware of the rental

c. Rental Property exists and the listing was set up by the owner, in order to intentionally defraud Guests

d. No other circumstances will be covered including but not limited to disputes arising between the owner and the guest as to terms of the contract, natural disasters, flight cancellations, political unrest or change of plans. For such eventuality the company recommends Travel-related insurance.

DISBURSEMENTS

1. Although the maximum RG coverage is either $5,000 or $10,000, the actual disbursement may be less and is determined by the sum of documented travel-related costs including the cost of booking the fraudulent accommodation. Documented Travel Costs may include only the cost of fraudulent accommodation and the cost of transportation.

2. The company assumes no liability beyond maximum amounts of RG which are $5,000 USD for Properties with Basic Accreditation and $10,000 for properties with Full Accreditation.

3. In order to be eligible for a payment under the RG, the guest must file a claim with RFTH within 24 hours of arrival day check-in time. Claims can be filed by email, phone or fax. We recommend email as the best way of filing and documenting a claim.

4. The Company may take up to 4 weeks to review and investigate a claim.

5. Checks will be mailed to successful claimants within 7 days from the closing of the investigation.

REPORTING

1. The Company reserves the right to report all fraud and suspected fraud to authorities. The company also reserves the right to disclose all personal information of all parties to the authorities in case of fraud or suspected fraud.

III. Live Bookings Terms and Conditions

1. Live Booking (LB) is a feature of the website that allows guests to instantly book properties.

2. LB is available to owners of Accredited properties only, however this option can be awarded to any business at any time at the sole discretion of the Company.

3. Live Booking creates a commitment on the part of the Guest to reserve the property. Although property owners are required to accept most bookings, they also have the ability to refuse a booking in justifiable circumstances. Therefore, bookings should not be viewed as definite reservation until the owner confirms the terms of the booking in writing. No travel plans should be made unil receiving such written confirmation.

4. LB are made through a non-refundable deposit, through a credit card online.

OWNER TERMS

1. Owners of properties listed on the website are eligible to apply for LB through the Accreditation Program. Once the property is accredited, it will be eligible for Live Bookings and for the Rental Guarantee.

2. When the access to Live Bookings is granted, the owner will have the option of turning this feature on or off through their control panel.

3. When Live bookings are set to ON the owner is obligated to:

a. Accept all bookings within 24 hours

b. Generate electronic contract for the guest

c. Keep the RFTH calendar 100% updated at all times

4. The owner may refuse a booking under these circumstances:

a. The guest has a proven bad reputation (ie damaged the premises during last rental)

b. The guest is involved in illegitimate activity

c. The guest does not agree with Terms of Use or requests a change that is unacceptable to the owner

5. In the event of a double booking (for example through another system or due to poor calendar updating habits), the owner may cancel the booking generated by LB, however the penalty of $100 and payable to the company will apply in addition to PPF. Clients with 2 or more double bookings in a 12 month period may be refused access to LB.

6. Owners will pay a 6.2 % Payment Processing Fee to the company for any reservation generated by LB. 6.2% will be calculated from the total value of the booking including rental fees, cleaning fees or any other fees associated with the rental and stated in the contract. This fee will be automatically deducted from the Security Deposit received at the time of booking and the balance will the be transferred to the Owner within 7 business days. Security Deposit will be calculated as a sum of Damage Deposit required (and pre-set in the control panel) by the owner and the 6.2% PPF.

7. In the event of cancellation of a booking- for any reason whatsoever, PPF shall be retained by the company. If the Booking is cancelled by the owner, PPF will be payable to the company by the owner. In the event the Guest cancels the booking, the PPF will be deducted from the Security Deposit and the balance of the deposit will be transferred to the owner.

GUEST TERMS

1. LB is not meant to provide instant booking confirmation. Due to the nature of RBO industry, owners may promote their rental on various systems and calendars, via agents and property managers. These means of generating bookings may or may not be connected to each other which can result in inaccuracies. The company by no means guarantees that all reservations will be confirmed by owners. The company does however promote error-free bookings by penalizing owners whose booking habits allow for errors such as double bookings or lack of timely confirmations. Properties with multiple errors are systematically put on notice and even removed from the LB system.

2. By using LB you agree that only a written confirmation (via email) of your booking constitutes a contract and a complete reservation. You are guaranteed to receive a confirmation from the owner within 24 hours or your booking will be automatically cancelled by the system and the Security Deposit refunded within 24 hours of such cancellation.

3. By using the website and the LB system you agree and understand that the company is only a payment processor and is not an agent or a party to any transaction. The company does not act as an Escrow Holder and all funds received are instantly forwarded to their destination.

4. In the event of a disagreement between parties, the company will not interfere or provide judgement or interpret contracts, including the standard rental contract provided to website users as a courtesy.

5. As a condition of use of the website and the LB system, you agree and promise that all funds paid through the LB system are non-refundable and you will not-under any circumstances- ask for a refund, reverse charges with your financial institution or commence an action to recover those funds from the company. Apart from fraud as defined in section II.4., any claims or refund requests must be made directly to the owner as all funds received are instantly transferred to the owner.

 

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