Terms of Service




These Terms of Services were last updated on July 8, 2019

These Terms of Service govern your use of Services made available to you by Family Friendly Vacation Rentals Services by the Website (www.familyfriendlyvacationrentals.com) on condition that you accept these Terms of Service, and confirm your acceptance of the Privacy Policy and Terms of Use posted on the Website (collectively, the “Agreement”). The terms “You” or “Your” refers to the person accessing or using the Services. If you are entering into this Agreement on behalf of a legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “You” or “Your” refers to such entity.

BY CLICKING THE “ACCEPT” BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THE AGREEMENT. IF YOU DO NOT ACCEPT THE AGREEMENT, OR DO NOT HAVE AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

Unless otherwise stated herein, all defined terms shall have the meaning set forth in the Terms of Use and Privacy Policy.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.



SERVICES

FFVR provides an online platform that connects Owners/Property Managers who have accommodations for rent (“Hosts”) with guests seeking to rent such accommodations (“Guests”) (each, a “Subscriber” and collectively, the “Subscribers”) Through the Services, Hosts may create listings for accommodations and Guests who are interested in such listings may book those accommodations by contacting the Host directly. You may browse the Website and review listings for accommodations as a visitor, but if you wish to check availability, book an accommodation or create a listing, you will need to contact the Host directly and potentially register through the Website to create an account.

You understand and agree that FFVR is not: (a) a party to any rental or other agreements between Hosts and Guests; (b) a real estate broker, agent or insurer; (c) an owner or manager for any rental property listed on the Website by a Host; or (d) a provider or operator of hotel rooms, motel rooms, other lodgings or travel services.

You are using this Website and the Services at your own risk and you are personally responsible for verifying their suitability for your needs.



REGISTRATION

If you are asked to register, during the online registration process, you will be asked to provide your name, email address and other information, and create a username and password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a username or password. We reserve the right to delete or change your username and/or password at any time and for any reason.

You shall be solely and exclusively responsible for using this Website and the Services strictly in accordance with applicable laws. You will not make the Services available to any third party, remove or modify any proprietary marking or restrictive legends placed on the Services or the Website, or introduce into the Services or the Website any device, software, virus, worm, “back door,” Trojan Horse, or similar harmful code.



FFVR RESERVATION OF RIGHTS

FFVR is under no obligation to accept any individual as a Subscriber to the Services, and may accept or reject any applicant in its sole and complete discretion. We reserve the right, but have no obligation, to request and obtain further evidence of identification from Hosts and/or Guests prior to accepting a property to the Site for listing or processing a booking request, as applicable. Our decisions regarding the adequacy of identification and acceptance of a property and/or booking shall be made solely at our discretion.



LISTINGS

Once registered, Subscribers may create listings for properties that they are legally authorized to list for rental. FFVR will ask you to provide information about the property to be listed, such as its address, square footage/meters, number of rooms/bedrooms/bathrooms, features, neighborhood, pricing per night, deposit preferences, financial terms, standards and rules. Guests will book your property through the Services based on the information you provide in your listing. The price for any booking may not be altered once a Guest has confirmed a booking of your accommodation. However, you and potential guests determine the contract regarding the stay on your own and FFVR does not get involved with each individual contract.

Subscribers listing any property acknowledge and agree that they are solely responsible for any and all listings they post. Accordingly, each Host represents and warrants that any listing and any stay by any Guest at any such accommodation will be in compliance with all applicable laws, tax requirements, rules, regulations, zoning laws and laws governing rentals of residential and other properties, and will not breach any agreements with any third parties, and will not conflict with the rights of third parties. You are solely responsible for evaluating the listing and ensuring that they comply with applicable law. You will not hold FFVR responsible for anything pertaining to your agreement with the Host and/or Guest once the property is booked.

FFVR requires all listings to offer a complementary 2-night stay to the reviews team of FFVR as part of its membership to the site. This allows the FFVR team to verify the property meets the right criteria and to create marketing materials that promote the listing experience, the site, and the area in which your property is located. We have a commitment to create a Family Friendly experience to anyone using the site, and this aspect of the contract ensures a fun-time will be had. FFVR will take all reasonable action to ensure that the stay falls within a “slow period or off season” booking and does not interfere with your income as a Host.



ACCOMMODATION and BOOKINGS

Hosts are required to confirm or reject a Guest’s booking request within 48-hours of the submission of such a request, or the request will be automatically cancelled. If the Host confirms a Guest’s booking request within the forty-eight hour period, then the Host is responsible for providing rental booking details and payment options. FFVR is released of all liability concerning the booking and payments.

If you are a Host, you agree to pay all applicable fees made known to you during registration (“Annual Subscription Fees”). We may use a third-party payment processor to process your Annual Subscription Fees payment. You warrant and represent that you are the valid owner or an authorized user of the credit card you provide, and that all such information is accurate. The fees you collect from the Guest are subject to your own responsibility and contract and FFVR does not collect payment from the Guest under any circumstances.

Each listing posted on the Website by a Host shall reference the rate associated with booking the accommodation. All rates are inclusive of all applicable fees.

Host fees include (i) the price per night for the property multiplied by the number of nights confirmed in the booking (the “Property Fee”), (ii) Security Deposit, (iii) Cleaning Fee, and (iv) applicable taxes.The Host determines the fee amounts and collects these fees directly.

CANCELLATIONS

Cancellation Policies may vary by property and are at the sole discretion of the Property Owner/Property Manager/Host. FFVR does not involve itself in any of the transactions. The listing is owned by each individual Property Owner/Manager. WE DO RECOMMEND THAT AT THE TIME OF BOOKING YOUR STAY, YOU MAKE PAYMENT WITH A SECURE VENDOR/PROCESSOR SUCH AS PAYPAL AND/OR SITES THAT VERIFY AN IDENTITY. WE ALSO RECOMMEND TRAVEL INSURANCE. THERE ARE MANY TRAVEL INSURANCE PROVIDERS ONLINE. WE DO NOT ENDORSE OR RECOMMEND ANY; YOU SHOULD DO YOUR OWN RESEARCH REGARDING TRAVEL INSURANCE AND PROCURE WHAT IS BEST FOR YOU AND YOUR FAMILY AS A RENTER.



CANCELLATIONS BY A HOST

Listing Deactivation. If you cancel 2 or more reservations within a year, we may deactivate your listing.

There may be some instances where you need to cancel a booking that are out of your control. We will review each cancellation on a case by case basis and we may require documentation to support the cancellation request.



INSURANCE

FFVR does not provide liability or property insurance for HOSTS OR GUESTS. Owners/Property Managers/Hosts/Guests are solely responsible for obtaining insurance coverage sufficient to protect their properties and Guests during the entire duration of their stay. Hosts agree that they have or will obtain the appropriate insurance coverage sufficient to cover all property and bodily harm arising from the rental of the property they list through the Services prior to the arrival of their first Guest. Hosts further agree to maintain and increase the insurance amounts, as needed, so as to carry all appropriate and adequate amounts through the departure date of any Guest booked through the Services. FFVR recommends that Subscribers/Anyone Listing a Property carry all applicable travelers, liability, renters, homeowner’s and any other appropriate insurance to cover any losses to person and/or property during each Guest’s stay. Please contact your insurance broker, carrier or respective provider to be sure your coverage encompasses Guests within the premises of your home for the duration of their stay. Subscribers agree, if asked, to provide FFVR copies of relevant proof of coverage upon any request. We strongly urge Guests to consider travel insurance to help in the case of extenuating circumstances.



UNITED STATES USE ONLY

This Website and the Services are intended to be used only by residents of the United States. Anyone who accesses the Website or uses the Services from outside the United States does so at their own initiative and risk and is responsible for compliance with all applicable laws.



DISCLAIMER OF WARRANTIES.

FFVR, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “FFVR PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE WEBSITE, THE SERVICES, OR THE CONTENT (THE “MATERIALS”) INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NONE OF FFVR PARTIES WARRANT, ENDORSE, OR GUARANTEE ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY THIRD PARTY WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NONE OF FFVR PARTIES WILL BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

THE FFVR PARTIES DO NOT ENDORSE ANY HOST, GUEST, OR ANY CONTENT (INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY ANY SUBSCRIBER). YOU ACKNOWLEDGE THAT THE WEBSITE AND THE SERVICES MERELY PROVIDE A VENUE THAT ALLOWS HOSTS TO CONNECT WITH GUESTS. NONE OF THE FFVR PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN HOSTS AND GUESTS OR FOR ANY RESULTS CAUSED BY USING THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE.



LIMITATION OF LIABILITY

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE FFVR PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE MATERIALS, OR YOUR PURCHASE OR RENTAL OF PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, EVEN IF THE FFVR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE SHALL BE LIMITED TO THE LESSER OF (A) ONE HUNDRED DOLLARS AND ONE CENT ($100.01) OR (B) THE AMOUNT PERMITTED BY APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE MATERIALS MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE MATERIALS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE MATERIALS AT ANY TIME WITHOUT NOTICE.



INDEMNIFICATION

You agree to defend, indemnify, and hold FFVR Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from:
(i) your breach of this Agreement;
(ii) your access to, use, or misuse of the Website, the Content, or the Services;
(iii) any User Generated Content provided through your account;
(iv) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy rights; and
(v) any claims brought against FFVR by a HOST OR GUEST as a result of your acts or omissions.



BINDING ARBITRATION.

In the event of a dispute arising under or relating to this Agreement, the use of the Website or the Services (each, a “Dispute”), (i) FFVR or (ii) any user of our Website or the Services (in either instance, “a party”), may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS mediators and arbitrators pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States IN BREVARD COUNTY, FLORIDA. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in the Section below, nothing in this Privacy Policy will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests. Moreover, in most all cases, any litigation does not involve FFVR and FFVR Parties as we are not liable for any contracts between the Host and Guest.