Terms of Service

When the Renter inquires or books a vacation rental with FOFFit, the Renter will be dealing directly with Hosts/owners/managers, including the rental, refund, and cancellation policies of each owner/manager/Host.

 

1. Introduction
 

1. “FOFFit, LLC is the company we use to refer to FOFFit that provides an online platform along with various tools and services that enable property Hosts or managers (“Hosts”) to list rental properties, enable Renters (“Renters,” “They”, “Their”) to book such properties, and enable both parties to communicate with each other (the “Services”). The details of this company (“FOFFit, “We”, “Our”) is set out in Section 1.3 below.

2. These Terms of Use, together with the Privacy Policy, govern the relationship between FOFFit, LLC and any party using or accessing the Site and any of the content or services available through it as a Host, Renter or potential Renter, and who is not using it in their capacity as a Renter (“Renter”) or Host. 

3. FOFFit, a Massachusetts LLC located at 2 East Boylston St., Newburyport, MA 01950.  Tel: 978-213-4595

4. The Renter and Host accept that the provision of the Services can only be by FOFFit, LLC named in Section 1.3, and that no other company has any involvement in such provision.

5. These Terms of Use constitute a legally binding agreement between ther Renter, Host and FOFFit, LLC. By using or accessing the Site or the Services, The Renter and Host acknowledge that the Renter and Host agree to and are subject to the Terms of Use and the Privacy Policy. The Renter and Host may not use the Site if the Renter and Host do not agree to the Terms of Use.

6. The Renter and Host warrant that the Renter and Host will not use the Site unless The Renter and Host are capable of entering into a legally binding contract.

7. We may update or replace these Terms of Use without prior notice to the Renter and Host and at Our sole discretion at any time by posting a new version to the Site. The Renter’s and Host’s continued access or use of the Site indicates the Renter’s and Host’s acceptance of the current published version of the Terms of Use.

 

2. The Essentials


1. The Site is a place where Renters can view information (including images, text, and other content) relating to properties offered for rent (“Properties” and “Property Listings,” as applicable) by Hosts. We may also facilitate online bookings and/or other tools or services to allow Hosts and Renters to communicate directly with each other and to enter into rental agreements (“Rental Agreements”) directly with each other.

2. The Site is a venue only for the purposes of facilitating interactions and rental transactions between Hosts and Renters. FOFFit LLC is not, and does not become, a party to any contractual relationship between the Renter and the Host.

3. The Renter and Host are responsible for, and agree to comply with, all laws, rules, and regulations applicable to The Renter’s and Host’s use of the Site and Services, any transaction the Renter or Host enters into on the Site, or in connection with the Renter’s or Host’s use of the Site. The Renter and Host agree and acknowledge that each Host is solely responsible for, and agrees to comply with, all laws, rules, and regulations applicable to its Property Listing and rental of its Property, and the conduct of its rental property business, including obtaining all necessary rights, licenses, and authorizations.

4. If the Renter books a Property using the Payment Platform (as defined in Section 7), part of the price the Renter agrees to pay for the Booking will be a Service fee payable to Us to cover the Renter’s use of the Site, Our provision of customer support, and other business costs. The Renter agrees not to circumvent or attempt to circumvent the service fee.

5. The Site includes Property Listings provided by Hosts and content from other third parties (the “Third-Party Content”). Such Third-Party Content is the responsibility of the Hosts or third-party creators of the Third-Party Content, as applicable. We have no responsibility for the Third-Party Content as We are merely providing access to the Third-Party Content as a service to the Renter and providing the Renter with the means of communicating directly with the Host to inquire about a Property and make bookings with the Host for the rental of the Property (a “Booking”). All Bookings the Renter makes are made directly with the Host, and the Renter’s Rental Agreement for such Booking will be directly with the Host. Each Rental Agreement will govern the Renter’s right to occupy and use the Property. FOFFit, LLC is not a party to any Rental Agreement, and does not have any liabiity to the Renter for the Hosts provision of the Property. We do not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any information in the Property Listings on the Site or any opinions or other material posted on the Site by third parties.

6. We list many Properties owned by Hosts located all over the world. It would therefore be impossible for Us to inspect the Properties listed on the Site or to be able to guarantee that Hosts on the Site will adhere to the rules we impose upon them. As such, any given Hosts use of the Site does not constitute Our endorsement of that Property or that Host.


3. Property Listings and Interaction with Hosts

 

1. The Renter acknowledges and agrees that Hosts are solely responsible for their Property Listings and for updating them.

2. When a Host lists their property on the site, they have thus enabled online Booking with respect to their Property Listing.  The Renter will thus be able to make a Booking request (“Booking Request”) in respect of a Property, which will be sent to the Host of the Property. The Host shall either accept or decline the Booking Request within 48 hours. A Rental Agreement shall be formed between the Renter and Host only when the Host accepts the Booking Request.

3. The Renter shall not send any contact details within the content of any messages until a confirmed Booking is made. 4. Notwithstanding the provision of direct communication tools to Hosts and Renters, FOFFit, LLC has no responsibility for, or otherwise any involvement in, the communications between Hosts and Renters.

 

4. Rights and obligations of FOFFit, LLC

 

1.The Renter acknowledges that Hosts and not FOFFit, LLC are responsible for the accuracy with which photographs and descriptions depict Property Listings on the Site.

2. We cannot and do not assume any responsibility for the verification of any Host’s or Renters identity. We encourage Renters and Hosts to communicate directly with each other using the tools available on the Site, though even this does not assure The Renter of the identity of the person with whom the Renter is communicating. We encourage Renters to take other reasonable measures to assure themselves of the applicable Host’s identity and of the Property and relevant details or their Booking or proposed Booking. Our communication tools and, where applicable, Payment Platform are key tools that We offer the Renter to protect the Renter’s safety online. Where the Renter does not use the tools We provide, the Renter is responsible should anything go wrong. In particular, the Renter warrants that they will never pay any Host by wire transfer, and We encourage the Renter to report to Us any Host who requests that the Renter do so.

3. If the Renter creates an account with Us, they agree to (i) keep their password and online ID for both the Renter’s account and any personal email account associated with the Renter’s account secure and strictly confidential, and (ii) notify Us immediately and select a new online ID and password if they believe their password for either the Renter’s account with Us or the Renter’s email account may have become known to an unauthorized person, and (iii) notify Us immediately if the Renter is contacted by anyone requesting their online ID and password. We discourage the Renter from giving anyone access to their online ID and password for their account with Us and their email account. However, if the Renter does give someone their online ID and/or password, or if they fail to adequately safeguard such information, the Renter is responsible for any and all transactions that the person performs while using their account with Us or their email account, even those transactions that may be fraudulent or that they did not intend or want performed.

4. THE RENTER ACKNOWLEDGES AND AGREES THAT: (1) FOFFit, LLC WILL NOT HAVE ANY LIABILITY TO ANY RENTER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY RENTER’S PASSWORD AND/OR ONLINE ID; AND (2) THE UNAUTHORIZED USE OF THE RENTER’S ONLINE ID AND PASSWORD FOR THEIR ACCOUNT OR THEIR EMAIL ACCOUNT COULD CAUSE THE RENTER TO INCUR LIABILITY TO BOTH FOFFit AND OTHER RENTERS. Further, We may, without notice to the Renter, suspend or cancel the Renter’s account at any time even without receiving notice from the Renter if We suspect, in Our sole discretion, that the Renter’s account with Us or their email account is being used in an unauthorized or fraudulent manner.

5. FOFFit is not responsible for checking the identity, or for the behavior, of Hosts, or for establishing the nature, condition, or existence of a Property. We do not own, inspect, or provide any content to describe the Properties on the Site, and We make no claims as to the quality, safety, or legality of any of such Properties.

 

5. Intellectual Property

 

 1. All copyright, database rights, trademarks, and design rights in the Site and in the material published on it belong to Us, Our licensors, or the Hosts. The Renter may download and print material from the Site solely for the purposes of keeping a record of their Booking and the Property booked. The Renter may not otherwise copy, transmit, modify, republish, save, pass off, or link to any content or material on the Site without Our prior written consent.

2. Where the Renter submits content to the Site by electronic mail, postings on the Site, or otherwise, including any Property reviews, questions, comments, suggestions, ideas, or the like contained in any submissions (“Submissions”), the Renter warrants that the Renter has the legal right to do so. To the extent that Submissions may contain trademarks or other proprietary names or marks, The Renter warrants that they have the right to use such names or marks.

3. In accordance with the USA’s Digital Millennium Copyright Act ("DMCA") and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and at Our sole discretion, Renters’ access to the Site who are deemed to be repeat infringers. We may also at Our sole discretion limit access to the Site and/or terminate the accounts of any Renters who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


6. RENTERS’ Messages and Submissions

 

1. The Renter may only send messages through the Site if they relate to genuine Booking inquiries. The sending of spam or unsolicited electronic communications of any kind is strictly prohibited.

2. The Renter may post Submissions on the Site. FOFFit, LLC does not verify the accuracy of Submissions or of Host responses to such Submissions.

3. FOFFit, LLC is under no obligation to accept any individual as a Renter or Host to the Services, and may accept or reject any applicant in its sole and complete discretion. 

4. If the Renter provides Us with Submissions, the Renter grants FOFFit a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that the Renter submits in connection with such Submission. The Renter acknowledges that We may choose to provide attribution of the Renter’s Submissions (for example, listing Renter’s name and hometown on a Property review that the Renter submits) at Our discretion, and that we may share such Submissions with Our business partners. The Renter further grants Us the right to pursue at law any person or entity that violates the Renter’s or Our rights in the Submissions by a breach of these Terms of Use. The Renter acknowledges and agrees that Submissions are non-confidential. We take no responsibility and assume no liability for any Submissions that the Renter posts or submits. We do not have any obligation to post the Renter’s Submissions; We reserve the right at Our absolute discretion to determine which comments are published on the Site. If the Renter does not agree to these terms and conditions, the Renter may not provide Us with any Submissions.

5. The Renter is fully responsible for the content of their Submissions (specifically including, but not limited to, reviews posted to the Site). The Renter is prohibited from uploading, posting, transmitting or otherwise publishing to or from the Site any of the following:a. Any message, data, information, text, music, sound, photos, graphics, code, or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;b. User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;c. User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;d. User Content that impersonates any person or entity or otherwise misrepresents the Renter’s affiliation with a person or entity;e. Unsolicited promotions, political campaigning, advertising, or solicitations;f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and payment card numbers;g. Viruses, corrupted data, or other harmful, disruptive, or destructive files; orh. User Content that, in Our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Site, or that may expose Us or Our users to any harm or liability of any type.

6. The Renter shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from the Renter’s posting of Submissions to the Site. The Renter acknowledges that We may exercise Our respective rights (e.g. use, publish, delete, edit, and modify) to any Submissions the Renter provides to Us without notice to the Renter.

7. We take no responsibility and assume no liability for Submissions that The Renter or any third-party post, store, or upload, or for any loss or damage thereto, nor are We liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity the Renter may encounter. As a provider of interactive services, We are not liable for any statements, representations, or other content Our users provide in any public forum. We have no obligation to screen, edit, or monitor any of the content posted to or distributed by users, however, We reserve the right, and have absolute discretion, to remove, screen, or edit without notice any content posted or stored on the Site at any time and for any reason.

8. If it is determined that the Renter retain moral rights (including rights of attribution or integrity) in the Submissions, the Renter hereby declare that (i) the Renter does not require that any personally identifying information be used in connection with the Submissions, or any derivative works of or upgrades or updates thereto; (ii) The Renter has no objection to the publication, use, modification, deletion, and exploitation of the Submissions by Us or Our licensees, successors, and assigns; (iii) the Renter forever waives and agrees not to claim or assert entitlement to any moral rights of an author in any of the Submissions; and (iv) the Renter forever releases Us, and Our licensees, successors, and assigns, from any claims that the Renter could otherwise assert against Us by virtue of any such moral rights.

 

7. Payments

 

1. We may provide an online Payment Platform, giving the Renter the ability to make online payments to Hosts via PayPal, credit card, or other payment options We may make available from time to time (the “Payment Platform”). We may change or withdraw such Payment Platform at any time without notice and at Our sole discretion. If the Renter is directed to a third-party payment processor or payment provider such as PayPal, the Renter may be subject to terms and conditions governing use of that third party's service, including applicable fees, as well as that third party's personal information collection practices. Please review such terms and conditions and Privacy Policy before using the services.

2. If a Host has enabled online Booking with respect to their Property Listing, it is mandatory for the Renter and the Host to use solely the Payment Platform to make and accept payments for the Booking. The Renter will be in breach of these Terms of Use if the Renter does not use solely the Payment Platform.  Any payment for a Booking by wire transfer is strictly prohibited and the Renter will be in breach of these Terms of Use if the Renter pays for any or all of a Booking by wire transfer.

3. If the Renter makes a Booking using the Payment Platform, the Renter agrees to the terms of the Rental Agreement with the Host (which includes the Host’s cancellation policy published on the Property Listing), these Terms of Use (incorporating the Chargeback Policy set out in Section 8), and the Privacy Policy. If the Renter makes a payment through the Payment Platform and the Renter later disputes this legitimate charge contrary to Our Chargeback Policy, We shall take steps to claim any fraudulently recovered charges from the Renter. Please read Our Chargeback Policy in full at Section 8 of these Terms of Use.

4. Although We may provide the Payment Platform to enable payments, We are not responsible for the payment solutions themselves. In particular, We are not responsible for any decision taken by PayPal or any other payment provider to decline the Renter’s payment, based on its risk assessment of the Renter or that transaction. The Renter shall not hold Us liable for any losses the Renter suffers as a result of making a payment to a Host, whether via the Payment Platform or any other payment method. If the Renter needs customer support in relation to an online payment, the Renter should contact PayPal or their bank or payment card provider, as applicable.

5. The Renter acknowledges and agrees that We are not a party to the Rental Agreement between the Renter and the Host. Notwithstanding that fact, We act as the Host's payment collection agent for the limited purpose of accepting payments from the Renter on behalf of the Host. Upon receipt of the Renter’s payment to Us on behalf of the Host, the Renter’s payment obligation to the Host for the Booking is extinguished and We are responsible for arranging remittance of the payment (less the service fee and any other applicable fees or taxes) to the Host, in the manner described in these Terms of Use. In the event that We do not arrange remittance of any such amounts as described in these Terms of Use, the Host will have recourse only against Us.

6. In connection with a Booking, the Renter will be asked to provide customary billing information such as name, billing address, and payment method information to either Us or one of our third-party payment providers. The Renter agrees to pay to Us, on behalf of the Host, the amount of any confirmed Bookings in accordance with these Terms of Use by one of the methods supported by the Payment Platform (e.g., by PayPal, credit card, ). The Renter hereby authorizes the collection of such amounts by charging the payment method provided as part of requesting the Booking, either directly by Us or indirectly, via one of our third-party online payment providers. The Renter also authorizes Us to charge any payment method on file in the event of damage caused at Property.

7. The Renter authorizes Us to store their payment method information and charge their payment method as outlined in these Terms of Use. If the Renter’s payment method's account information changes (e.g. account number, routing number, expiration date), we may acquire that information from the Renter’s bank.

8. Receipts. Once the payment transaction for the Renter’s requested Booking is successfully completed, the Renter will receive a confirmation email summarizing their confirmed Booking.

9. If We are unable to collect any amounts the Renter owes for a confirmed Booking or damages claim, We may engage in collection efforts to recover such amounts from the Renter. The Renter hereby explicitly agrees that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Us by the Renter. Such communication may be made by Us or by anyone on Our behalf, including but not limited to, a third-party collection agent.

10. Security Deposits. Hosts may choose to include security deposits in their Property Listings ("Security Deposits"). Each Property Listing will describe whether a Security Deposit is required for the applicable Property Listing. If a Security Deposit is included in a Property Listing for a confirmed Booking, and the Payment Platform is being used for the transaction, We, as the Host’s payment collection agent, may request a pre-authorization of the Renter’s payment card and hold such amount as the Host determines for the Security Deposit prior to the Renter’s check-in at the applicable Property, and/or We may charge the Renter’s payment card in the event of damage caused at a Property pursuant to the terms of the Rental Agreement and the Security Deposit. Security Deposits, if required by a Host, may be applied to any fees due from the Renter overstaying at a Booking without the Host's consent.  If an accident does occur, we encourage our Renters and Hosts to work together cooperatively on a voluntary basis to resolve any claimed property damage.  A Host must submit a damages claim to FOFFit LLC via email ([email protected]) within 48 hours of the guest’s departure.  Any such claims must specify the claimed damages in writing and provide photographs. Not withstanding the foregoing, Hosts and Renters are solely responsible for pursuing and/or resolving any and all claims or disputes by or among them or with a third party that may arise in connection with the Services, the Site and/or the Content, including but not limited to filing legal and/or equitable claims, and notifying insurance companies. Renter’s credit card will be charged for the amount of the Security Deposit, or portion thereof, that the parties agree is owed in connection with the property damages claim. The Renter will be responsible for the 3% credit card fee associated with processing the security deposit. 

11. Overstaying Without the Host’s Consent. The Renter agrees that a confirmed Booking is merely a license granted by the Host to the Renter to enter and use the Property for the limited duration of the confirmed Booking and in accordance with the Renter’s agreement with the Host. The Renter further agrees to leave the Property no later than the checkout time that the Host specifies in the Property Listing or such other time as mutually agreed upon between the Renter and the Host. If the Renter stays past the agreed upon checkout time without the Host's consent, the Renter no longer has a license to stay in the Property and the Host is entitled to make the Renter leave. In addition, the Renter agrees that the Host can charge the Renter, for each 24-hour period that the Renter stays over the agreed period without the Host's consent, an additional nightly fee of two times the average nightly rate that the Renter originally paid in order to stay in the Property to cover the inconvenience suffered by the Host, plus all applicable fees, taxes, and any legal expenses incurred by the Host to make the Renter leave. The Renter also authorize Us to charge any payment method the Renter has on file in the event that the Renter overstays their Booking and are being charged accordingly under this Section.

12. Cancellations and Refunds. If a Renter wishes to cancel a confirmed Booking made via the Site, the Host’s cancellation policy contained in the applicable Property Listing will apply to, and govern the terms of the cancellation and any refunds. To affect a cancellation, the Renter is required to visit the Reservations section of the Site and follow the instructions. Upon cancellation, We will cancel any pre-authorization of the Renter’s payment card and/or arrange refund of any nominal amounts charged in connection with the requested Booking within a commercially reasonable time. If a Host cancels a confirmed Booking made via the Site prior to the check-in date, We will arrange refund of the total fee for such Booking to the Renter within a commercially reasonable time of the cancellation. 

13. The Renter agrees to indemnify and keep Us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities, and expenses (including legal fees) that we suffer or incur arising out of or in connection with the Renter’s use of the Payment Platform to make payments to Hosts, in particular any claims from Hosts, PayPal, or other payment solution providers resulting from their actions or omissions. 

 

8. Chargeback Policy

 

1. If Renter makes a Booking using the Payment Platform, The Renter agrees to the terms of the Rental Agreement with the Host (which includes the Host’s cancellation policy published on the listing) and these Terms of Use which incorporate this Chargeback Policy.  In the unlikely event that a Renter is unhappy with a property that is listed on FOFFit, the Renter must notify FOFFit and the HOST immediately upon arrival and will be requested to fill out an appropriate form along with photographic evidence and send to [email protected]  Any nights stayed at the property will be charged to the Renter (along with applicable fees) with the balance of the amount paid for the stay refunded if the property is deemed unacceptable. We strongly encourage Renters to consider travel insurance to help in the case of extenuating circumstances.  FOFFit will assist the Renter and the Host with the cancellation by emailing [email protected] 

2. Chargebacks occur when the Renter’s payment card provider makes a demand to FOFFit to return monies on a transaction which the Renter claims is fraudulent or otherwise dispute.

3. We recognize that chargebacks can happen for a variety of valid reasons. However, if the Renter makes a payment-card payment through FOFFit in respect of a Booking, and then later disputes this legitimate charge by raising a chargeback without merit (as determined at Our sole discretion), whether fraudulently or otherwise, then We may take steps to recover any charges resulting from such an unmerited chargeback from the Renter directly.

4. Unmerited chargebacks include but are not limited to: disputing a charge made in accordance with the Host’s cancellation policy; disputing a charge made in respect of the property rental in which the Renter fails to make reasonable efforts to work with the Host or Us to resolve any issues; disputing a charge made in respect of a Booking which was modified by the Renter and the Host in breach of these Terms of Use; or requesting a chargeback without a legitimate reason and/or failing to provide any supporting information in respect of the chargeback to allow those parties from which the chargeback is requested to assess the basis of the chargeback request.

5. We take a zero-tolerance approach to chargeback fraud. Further, in the event of any unmerited chargeback request, We reserve the right to recover monies by any legitimate means available to Us, including using a third-party debt collection agency or any other lawful means to recover funds successfully charged back to the Renter in such circumstances.

 

9. Cancellations and Refunds

 

1. If a Renter makes a Booking using the Payment Platform, the Renter agrees to the terms of the Rental Agreement with the Host (which includes the Host’s cancellation policy published on the listing) and these Terms of Use which incorporate this Chargeback Policy.  In the unlikely event that a Renter is unhappy with a property that is listed on FOFFit, the Renter must notify FOFFit and the HOST immediately upon arrival and will be requested to fill out an appropriate form along with photographic evidence to [email protected]  Any nights stayed at the property will be charged to the Renter (along with applicable fees) with the balance of the amount paid for the stay refunded if the property is deemed unacceptable. We strongly encourage Renters to consider travel insurance to help in the case of extenuating circumstances.  FOFFit will assist the Renter and the Host with the cancellation by emailing [email protected] 

2. In order to be considered for a refund, the Renter must ensure that:a. The claim falls within one or more of the Covered Circumstances (as defined below);b. The Renter paid for the rental on the Site’s Payment Platform alone;c. The Renter took all what we consider to be the appropriate steps to resolve the issue with the Host; The Renter is the person who made the Booking.

3. The Renter cannot qualify for reimbursement under the Policy if the Renter has requested a chargeback from the Renter’s payment card company, or the Renter has opened a dispute with PayPal in relation to part or all of the Renter’s Qualifying Payment. If We have disbursed the Renter’s payment before the Renter makes a claim, then the Renter will need to provide Us with evidence that the Renter has attempted to claim reimbursement from the Host, Renter’s bank, or payment card issuer, as applicable.

4. A refund will be considered if one or more of the following “Covered Circumstances” applies:a. Fraudulent Advertisement: the Host does not own or manage the Property, or is not the authorized agent of the Property’s Host, or the Property is not legally permitted to be rented.b. Compromised Host: the personal email address of the Host or the Host’s account with Us has been compromised by a fraudulent individual purporting to be the true Host to induce the Renter to pay.c. Inaccessible Property: The Renter has paid for the Property in compliance with the Rental Agreement, and the Renter have complied with the Host’s terms and conditions, but the Renter has been denied entry to the Property as a result of intentional and wrongful conduct of the Host (which is deemed to include as a result of the Host’s bankruptcy, insolvency, or fraudulent activity), or the Property is not in fact for rent. The Renter will not be covered for any delay in accessing the Property during the rental period. The Renter must notify Us of this condition no later than the first day of the Renter’s expected rental period.d. Misrepresented Property: the Property has Material Differences or Defects (as defined in Section 9.5) compared with the advertised Property, and: (i) The Renter is unable to rent the Property as intended; (ii) The Renter described and provide photographic evidence of the Material Differences or Defects; and (iii) The Renter notifies the Host and Us of this condition no later than the first day of the Renter’s rental period.

5. The meaning of “Material Differences or Defects” shall be determined at Our sole discretion and, among other exceptions, it shall not cover cleanliness of the Property; minor differences in the location of the Property advertised and the actual location of the Property; the presence or availability of local attractions; or maintenance issues with amenities or services.

6. We will not provide any reimbursement for loss of funds due to circumstances that are not included in the Covered Circumstances. For clarification, We will not cover losses in any of the following circumstances (which is not an exhaustive list):a. Any indirect losses; losses associated with travel arrangements, such as airfare or other transportation costs; opportunity losses; contractual losses; consequential losses; losses due to the weather or natural disasters; any losses other than the Qualifying Payment (subject to the Coverage Limit).b. If We or the Host offer the Renter an alternative accommodation in lieu of the Property, and the Renter accepts the alternative accommodation (which will be inferred if the Renter stays at least one night at such alternative accommodation), The Renter will not be able to claim, in respect of any sums paid, for the original Property.c. Any damage deposits or other funds paid to the Host using the Platform that are not returned due to damage or non-compliance with the Host’s Rental Agreement and/or cancellation policy.d. Any payments made in cash, by check, or wire transfer, or using any other type of payment service other than via the Payment Platform.e. Payments the Renter makes after We notify the Renter that the Property listing is being used to commit fraud or has been removed from the Website.f. In relation to a Property with Material Differences or Defects, where the Renter fails to notify Us no later than the first day of the Renter’s rental period and the Renter does not vacate the Property by midnight local time on the day of check-in.

7. To make a claim, the Renter must take the following steps a. Inform Us of the problem no later than the first day of the rental period by email at [email protected] b. Send a detailed description of the circumstances surrounding the Renter’s claim so that We receive it within 14 days of the first day of the rental period.

8. At Our sole discretion, We shall make all decisions regarding claim and documentation requirements and eligibility. Our decisions shall be final and binding on the Renter

 

10. Indemnification

 

1. The Renter agrees to defend, indemnify, and hold harmless FOFFit, LLC and each of their officers, directors, employees, and agents against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any Submissions; (b) The Renter’s use of any Third-Party Content or the Site; (c) The Renter’s breach of these Terms of Use or the documents referenced herein; (d) The Renter’s violation of any law or the rights of a third party; or (e) The Renter’s use of any Property.

 

11. Prohibited Activities

 

1. The Renter agrees that the Renter shall not, either directly or indirectly:a. use the Site or its contents for any commercial purpose or any purpose not permitted by these Terms of Use;b. make, or use the Site to make, any speculative, false, or fraudulent booking, booking request, or any booking in anticipation of demand;c. use the Site or the Services for the purpose of Booking or soliciting a rental for a property other than a Property under a valid Property Listing;d. access, monitor, reproduce, upload, republish, distribute, transmit, display, or copy any content or information of this Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Our express written permission;e. violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;f. take any action that imposes, or may impose, at Our discretion, an unreasonable or disproportionately large load on Our infrastructure, or adversely affects the performance of the Site, or infringes on Our copyright or the copyright of Our suppliers;g. deep-link to any portion of the Site (including, without limitation, the purchase path for any travel services) for any purpose without Our express written permission;h. "frame", "mirror", or otherwise incorporate any part of the Site into any other website without Our prior written authorisation;i. take any action that may undermine the feedback or ratings systems, including posting false, inaccurate, or misleading feedback, ratings, and reviews;j. sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;k. post or transmit any false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Renter Terms of Use; or refer to FOFFit in a way that might lead someone to believe that the Renter or any website or organization is sponsored by, affiliated with, or endorsed by FOFFit, LLCl.

 

12. Liability of FOFFit, LLC

 

1. The Site is merely a venue allowing Renters to view Properties that are the subject of Property Listings, to communicate with Hosts in respect of any queries or questions, and/or to facilitate the conclusion of a Rental Agreement for the rental of a Property. We accept no liability in relation to any contract the Renter enters into with an Host or for any Property the Renter books, and nor do We accept any liability for the acts or omissions of any Hosts or any other persons or parties connected with a Property. In respect of all Properties, the Renter’s contract will be with the Host and the Host’s terms and conditions (the Rental Agreement) will apply to the Booking.

2. While We require Hosts to advertise Properties truthfully, fairly, and accurately, and We take reasonable steps to remove Property Listings from the Site following complaints from Hosts or another third party, We have no control over the accuracy of any Property Listing or the capacity of any Host to make a Booking with a Renter. As such, We disclaim all liability and responsibility for any loss or damage (including personal injury) suffered or incurred by the Renter or another party arising from:a. any reliance by any user of the Site, or by any person who may be informed of any of its contents, placed on any Property Listing, commentary and/or other materials posted on the site by Hosts, or any error or mistake or inaccuracy contained in any statement, description, representation, or other communication made about or in connection with a Property Listing, including that which relates to availability or price;b. any act or omission of a Host or any failure of a Host to perform or comply with any of the terms of the Rental Agreement, including a failure to provide the Property on the requested date or at all (whether due to a double-booking or otherwise), or a failure to provide the Property in the condition or with the amenities that such Property was advertised on the Site;c. any loss of or damage to personal possessions at a Property; ord. any incident or occurrence which takes place at a Property.

3. We may decide, at Our sole discretion, that it is necessary or desirable for the protection of Our interests, the Host’s interests, and/or the Renter’s interests, to withdraw Our booking facilitation services resulting in an override of the Renter’s cancellation policy and the effective cancellation of a Booking. We may also determine, at Our sole discretion, to arrange refund to the Renter part or all of the amounts charged to the Renter. The Renter agrees that FOFFit and the applicable Host shall have no liability for such cancellations or refunds.

4. Although We will do Our best to prevent intentional misuse of the Site, and/or the dissemination of harmful programs via the Site, We will not be liable for any loss or damage caused by any intentional misuse of the Site (including but not limited to fraud by third parties), or the distribution of viruses or other technologically harmful material that may infect the Renter’s computer equipment, computer programs, data, or other proprietary material due to the Renter’s use of the Site.

5. We do not provide insurance coverage for Renters or Hosts. Renters and Hosts 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 liability and insurance coverage sufficient to cover all property and bodily harm arising from the rental of the property they list. We recommend that Renters obtain suitable travel insurance to cover their Booking, including in the event of cancellation. It is the Renter’s responsibility to ensure that the insurance the Renter purchases is adequate and appropriate for the Renter’s needs.

6. In no event will FOFFit, or any officers, directors, consultants, agents, and/or employees thereof, or any third-party provider of a tool offered on any Site be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the Site or Our platform or systems, any Third-Party Content or User Content or Submissions, and the Renter’s use of the Site and/or any transaction between Hosts and Renters, 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 breach of contract, negligence, or any other cause of action. If the Renter is dissatisfied with the Site (or Our platform or systems), or the Renter does not agree with any part of these Terms of Use, then the Renter’s sole and exclusive remedy against Us is to discontinue using the Site. Nothing in these Terms of Use shall exclude or restrict Our liability for death or personal injury resulting from Our negligence; nor for Our fraud or fraudulent misrepresentation.

7. FOFFit, LLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY FOFFit. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FOFFit DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE SITE, ITS SERVERS, OR ANY EMAIL SENT FROM THE FOFFit ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOFFit HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8. THE HOSTS PROVIDING VACATION RENTAL PROPERTY INFORMATION, TRAVEL, OR OTHER SERVICES ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF FOFFit. FOFFit IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH HOSTS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FOFFit HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

9. IN NO EVENT SHALL FOFFit BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE RENTER’s ACCESS TO, DISPLAY OF, OR USE OF THE SITE, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SITE (INCLUDING, BUT NOT LIMITED TO, THE RENTER’S RELIANCE UPON SUBMISSIONS APPEARING ON THE SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF, OR USE OF THE SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF FOFFit HAS  BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. THE RENTER HEREBY AGRES TO RELEASE, REMISE, AND FOREVER DISCHARGE FOFFit AND 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, LIABLITIES, 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 THE RENTER”S USE OF THE SITE.

11. If, despite the limitation above, FOFFit is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of FOFFit will in no event exceed the amount of the service fees assessed in respect of the Renter’s transaction(s) made on the Site that gave rise to such liability.

12. This does not affect Our liability for any liability that cannot be excluded or limited under applicable law.

 

13. Communications with us

 

1. Save for legal notices, and copyright complaints (see Sections 13.2 and 13.3 below), communications with Us must be sent to the applicable FOFFit address as follows:  [email protected] 2. For the avoidance of doubt, and notwithstanding Section 13.1, The Renter agrees that FOFFit only accepts legal service at their respective postal addresses, as set out at Section 1.3.3. If the Renter believes in good faith that materials Hosted on the Site infringe the Renter’s copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Us that the Renter’s copyrighted material has been infringed. Please provide the following information in the following format:a. A clear identification of the copyrighted work the Renter claims was infringedb. A clear identification of the material the Renter claims is infringing the copyrighted work, and information that will allow Us to locate that material on the Site, such as a link to the infringing material;c. The Renter’s contact information so that We can reply to the Renter’s complaint, preferably including an email address and telephone number;d. Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.e. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed”.f. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.g. Notices of claims of copyright infringement on the Site should be emailed or mailed to: FOFFit, 2 East Boylston St., Newburyport, MA 01950 h. We suggest that the Renter consult their legal advisor before filing a notice or counter-notice. The Renter may be liable for damages (including costs and attorney's fees) if the Renter s requirements above. We may send notices to the Renter by using any of the contact details We hold about the Renter, or by displaying such notices on the Site.14. Miscellaneous1. Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. The currency information supplied by on the Site is believed to be accurate, but FOFFit does not warrant or guarantee such accuracy.

2. Travel to certain destinations may involve greater risk than others. We urge the Renter to review travel prohibitions, warnings, announcements, and advice issued by government bodies prior to booking travel to international destinations. By publishing Property Listings pertaining to properties located in a particular destination, We do not represent or warrant that travel to such locations is advisable or without risk, and We are not liable for damages or losses that may result from such travel.

3. We will not be in breach of these Terms of Use, or otherwise liable for any failure or delay in performance arising from any circumstances beyond Our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, natural disaster, accident, or acts of terrorism.

4. If a provision of these Terms of Use (or part of any provision) is found to be illegal, invalid, or unenforceable, the enforceability of any other part of these Terms of Use will not be affected.

5. Nothing contained in these Terms of Use limits Our right to comply with law enforcement or other governmental or legal requests, or requirements relating to the Renter’s use of the Site or information provided to or gathered by Us with respect to such use.

6. The Renter accepts that We act as the limited payment collection agent for the Host solely for the facilitation of payments in relation to Booking transactions through the Site, and that otherwise FOFFit is not an agent of any Host or Renter.

7. The Renter further agrees that no joint venture, partnership, or employment relationship exists between the Renter and FOFFit as a result of these Terms of Use or use of the Site.

8. Where the Site contains links to other websites and resources provided by third parties, these links are provided for the Renter’s information and convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from the Renter’s use of them. It is up to the Renter to take precautions to ensure that whatever links the Renter selects or software the Renter downloads (whether from the Site or other websites) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

9. The governing law and jurisdiction applicable to these Terms of Use are governed by the laws of the Commonwealth of Massachusetts, and the Renter submits to the exclusive jurisdiction of the courts of Essex County, Massachusetts, USA.The foregoing shall not apply to the extent that applicable law in the Renter’s country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

10. If a Renter enters into a dispute with a Host in the EU, alternative methods for resolving that dispute are available online here: http://ec.europa.eu/consumers/odr/.

11. The original version of these Terms of Use was written in English before being translated into other languages as a courtesy. In the event of a dispute about the content or the interpretation of these Terms of Use, or in the case of inconsistency or difference between the English version and a translated version, the English language version to the extent permitted by law shall apply and prevail. The English version is available by changing the Renter’s language settings on the Site.