Terms and Conditions Terms and Conditions: Carefree Rental Guarantee from HomeAwayRegister My Trip
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When you register your vacation rental and pay the applicable fee (the "Registration") for the Carefree Rental Guarantee from HomeAway (the "Program"), you agree with, accept and are subject to these terms and conditions (the "Terms") and are hereafter referred to as a "Protected Traveler".
As detailed and defined below, for a fee the Program provides up to Ten Thousand Dollars ($10,000) of protection against the following: (i) Internet Fraud; (ii) Wrongful Denial of Entry; (iii) Material Misrepresentation; and (iv) Wrongful Deposit Loss. All amounts in these terms are in U.S. dollars. Please note that you are eligible for a full refund of the Carefree Rental Guarantee fee if you choose to cancel the Guarantee within 10 days of purchase, have not filed a claim, and it is more than two (2) days prior to your check-in date. After this 10-day period, this payment is non-refundable. Even if you subsequently cancel your trip or vacation rental arrangement for any reason, you will not receive a refund for the fee you paid to HomeAway for the Program.
1. General Program Guidelines.
You qualify for the Program if you do all of the following:
- Find, inquire about, and pay to rent a vacation rental property advertised in the HomeAway, Inc. community of websites: HomeAway.com, VRBO.com, VacationRentals.com, Holiday-Rentals.co.uk, HomeAway.com.au, HolidayRentals.fr, OwnersDirect.co.uk, FeWo-direkt.de, Homelidays.com, or Abritel.fr (collectively, “HomeAway” or the “HomeAway Sites”) (PLEASE NOTE THAT IN ORDER TO BE PROTECTED UNDER THE PROGRAM, THE LISTING 0F THE SUBJECT RENTAL PROPERTY MUST BE AN ACTIVELY ADVERTISED LISTING ON THE HOMEAWAY SITE AT THE TIME OF REGISTRATION);
- Properly complete a Registration for the Program via a HomeAway Site (PLEASE NOTE THAT IN ORDER TO BE PROTECTED UNDER THE PROGRAM YOU MUST COMPLETE THE REGISTRATION AND PAY THE APPLICABLE FEE TO HOMEAWAY (i) AT LEAST TWO (2) DAYS PRIOR TO YOUR CHECK-IN DATE AND (ii) PRIOR TO HOMEAWAY SENDING A NOTICE THAT THE SUBJECT RENTAL PROPERTY IS INELIGIBLE FOR PARTICIPATION IN THE PROGRAM);
- Send money to the advertiser on the HomeAway site via credit card, PayPal, check or direct bank-to-bank transfer to secure the booking or reservation of the property (PLEASE NOTE THAT IN ORDER TO BE PROTECTED UNDER THE PROGRAM, THE PAYMENT FOR THE SUBJECT RENTAL PROPERTY MUST NOT BE IN CASH, CHECK MADE OUT TO CASH, OR SENT VIA WESTERN UNION, MONEYGRAM, MONEYBOOKERS, OR OTHER INSTANT MONEY TRANSFER SERVICES);
- Incur a loss of funds due to (i) Internet Fraud; (ii) Wrongful Denial of Entry; (iii) Material Misrepresentation; or (iv) Wrongful Deposit Loss, as each is defined in accordance with these Terms;
- Notify HomeAway of your loss within the required time periods set forth below;
- Be denied reimbursement for your loss of funds from (i) advertiser, and (ii) your bank, payment provider or credit card issuer (as applicable); and
- Submit a completed HomeAway Carefree Rental Guarantee Reimbursement Request Form (the "Reimbursement Request Form") within the required time periods set forth below.
2. Protections Provided.
Subject to the restrictions and limitations set forth in these Terms, the Program provides up to Ten Thousand Dollars ($10,000) in aggregate protection to Protected Travelers against amounts actually paid an advertiser for a rental property that is listed on a HomeAway Site where such funds are lost or misappropriated as a result of: (i) Internet Fraud (as defined below); (ii) Wrongful Denial of Entry (as defined below); (iii) a Material Misrepresentation (as defined below); and/or (iv) Wrongful Deposit Loss (as defined below).
(a) "Internet Fraud" is defined as a deposit or payment by a Protected Traveler for a vacation rental that is listed on a HomeAway Site where:
(i) such deposit or payment is determined by HomeAway to have been made to a person other than the advertiser that has compromised or taken over the email or HomeAway account of the advertiser and that has posed as the advertiser to the Protected Traveler to induce such payment,
(ii) such payment is determined by HomeAway to have been made to the advertiser and is then wrongfully withheld in that the advertiser fails or refuses to return the payment when a refund is due in accordance with the terms of the rental agreement after the Protected Traveler properly cancels his reservation or booking, or
(iii) such listing is subsequently determined to be fraudulent;
all of which determinations are made in HomeAway’s reasonable discretion.
(b) The term "Wrongful Denial of Entry" means that a Protected Traveler has made a deposit (if required) and full payment to an advertiser for a rental property that is listed on a HomeAway Site but
(i) the Protected Traveler is intentionally and wrongfully denied access to the subject property at the start of or during the rental term as the result of the intentional and wrongful act of the advertiser, and
(ii) the Protected Traveler’s deposit and/or payment (or appropriate portion thereof) is not refunded and is wrongfully withheld by the advertiser.
Examples under this category of protection include (1) where the subject property is in foreclosure or the advertiser is in bankruptcy, in either case resulting in the Protected Traveler being denied access to the subject property; and (2) the advertiser has "double booked" the subject property to two or more travelers for the same time period(s).
(c) The term "Material Misrepresentation" means that
(i) a Protected Traveler has made a deposit (if required) and full payment to an advertiser for a rental property that is listed on a HomeAway Site,
(ii) within two (2) hours of first entering the subject property on the first day of the lease or rental term, the Protected Traveler leaves the rental property and refuses to occupy the rental property due to the Material Non-Compliance (as defined below) of the rental property with the description made in the listing on the HomeAway Site;
(iii) the Protected Traveler’s deposit and/or payment is not refunded or is wrongfully withheld by the advertiser, and
(iv) the existence of the Material Non-Compliance of the rental property is subsequently confirmed by HomeAway in HomeAway’s reasonable discretion.
The term "Material Non-Compliance" is defined as follows:
- Material defects in the subject property that are not disclosed in the listing and are of such an extent and duration that occupancy under normal usage conditions is impossible, as noted and documented by a Protected Traveler within two (2) hours of first entering the subject property on the first day of the lease or rental term; and/or
- The material failure or complete absence of goods or services or facilities that are part of the subject property that were described in the listing and that constituted an actual and material inducement to the Protected Traveler’s rental of the subject property, as noted and documented by a Protected Traveler within two (2) hours of first entering the subject property on the first day of the lease or rental term.
For the avoidance of doubt, and in addition to the general restrictions and limitations described elsewhere in these Terms, the term "Material Non-Compliance" DOES NOT INCLUDE a Protected Traveler’s refusal to take possession of leased premises arising from or on the grounds of:
- The cleanliness of the rental property;
- Minor or immaterial defects of the subject property in relation to the description in the listing including, without limitation, differences to the extent of: (i) the actual orientation of the subject property being up to but less than 30° different from the represented orientation; (ii) the actual overall habitable surface area of the subject property being up to but less than 25% different from the represented area; and (iii) the actual distance of the subject property to material amenities or material services being up to but less than 50% different from the represented distance; or
- A temporary defect of or within the subject property or attached services (such as failure of the air conditioning, internet, phone service, grill, hot tub, or swimming pool).
(d) The term "Wrongful Deposit Loss" means a Protected Traveler’s loss arising from a dispute between a Protected Traveler and an advertiser of a rental property that is listed on a HomeAway Site involving a deposit that, upon completion of the Protected Traveler’s stay is, in the reasonable judgment of HomeAway, wrongfully withheld by the advertiser in violation of the applicable rental agreement.
3. Illustrative Examples of Losses Not Protected.
The following are illustrative examples of losses of funds that the Program DOES NOT protect against, as determined in the reasonable judgment of HomeAway:
- ANY DAMAGES OTHER THAN AMOUNTS ACTUALLY PAID TO OR DEPOSITED WITH THE ADVERTISER, INCLUDING ANY INDIRECT LOSSES, LOSS OF OPPORTUNITY, LOSS OF CUSTOM FEES, OTHER CONTRACTUAL PENALTIES, AIRFARE, TRANSPORTATION COSTS AND/OR ANY OTHER COST OR EXPENSE.
- Any deposits or payments for a vacation rental that are not refunded or returned because the Protected Traveler does not comply with the advertiser’s policies, is in breach of the rental agreement, or as otherwise stated in the rental agreement.
- Payments or deposits made to any advertiser via cash, check made out to cash, Western Union, MoneyGram, or other instant wire transfer services.
- Payments or deposits made to any advertiser after HomeAway has sent notice to a Protected Traveler that the subject property is not eligible for participation in the Program.
- Any loss of any kind where the Protected Traveler and the advertiser are related to each other in any degree, or are acting in concert to defraud HomeAway.
- Any loss of funds that is caused by or results from events outside the control of HomeAway and/or the advertiser, such as weather events, natural disasters or nearby construction.
- Any loss of funds not involving Internet Fraud, Wrongful Denial of Entry, a Material Misrepresentation, and/or Wrongful Deposit Loss.
- Any deposits or payments to the advertiser in excess of $10,000.
- Any Material Misrepresentation where the Protected Traveler failed to abandon or vacate the subject property within two (2) hours of first entering the subject property on the first day of the lease or rental term.
- Any amounts actually paid to HomeAway for the Program if the Protected Traveler subsequently cancels his or her trip, or the rental of the subject property.
4. Process Requirements.
In order to obtain any reimbursement from HomeAway under the Program, a Protected Traveler must comply with the requirements set forth below. Failure to follow these requirements, or the taking of any action by any Protected Traveler without the written consent by HomeAway that impairs HomeAway’s ability and/or right to mitigate any potential loss, or the making by any Protected Traveler of any false or misleading statement(s) with respect to any request for reimbursement hereunder, will void eligibility for reimbursement under the Program.
4.1 Third Party Reimbursement. If a Protected Traveler has paid money to an advertiser via direct bank transfer, PayPal, credit card or check, upon learning of the existence of a potential loss of funds protected under the Program, the Protected Traveler must immediately contact the bank(s), payment provider, or credit card issuer (as applicable) to request recovery or reimbursement of the Protected Traveler’s funds (a "Chargeback"). A Protected Traveler is only entitled to receive reimbursement from HomeAway under the Program if the bank(s), payment provider, or credit card issuer (as applicable) denies a Protected Traveler’s request for a Chargeback. Upon request by HomeAway, a Protected Traveler must provide HomeAway with written proof that he or she contacted the bank(s), payment provider, or credit card issuer (as applicable) and that a request for a Chargeback was denied. A Protected Traveler is required to accept any settlement from the bank(s), payment provider, or credit card issuer (as applicable), but may still be eligible for additional payments under the Program if such settlement is for less than the maximum reimbursement amount under the applicable Program.
4.2 Proof of Identity. A Protected Traveler must provide written proof of his or her identity (e.g., copy of passport, driver's license, utility bills, credit card information, etc.) as HomeAway may request in its sole discretion. HomeAway may request one or more forms of proof of identity, and any determination by HomeAway with respect to the valid existence of any proof of identity shall be made in HomeAway’s reasonable discretion.
4.3 Document the inquiry. Upon request by HomeAway, a Protected Traveler must provide a copy (electronic or in print) of the inquiry email verification (the "Initial Inquiry") provided by the HomeAway Site when the Protected Traveler first inquired about the subject property, and HomeAway must be able to verify this Initial Inquiry by finding a log of this inquiry in its database.
4.4 Document the reservation. Upon request by HomeAway, a Protected Traveler must prove that he or she reached a final agreement with the advertiser regarding the listed vacation rental and provide HomeAway with all requested documentation of email, telephone, written or other communications with the advertiser regarding the rental property.
4.5 Document the trip registration. A Protected Traveler must complete the Registration at least two (2) days prior to the arrival date. In addition, if HomeAway sends the Protected Traveler a notice that a listing or property is not eligible for participation in the Program, then the Protected Traveler must prove that he or she registered and paid the applicable fee to HomeAway for the Program, and made payment via direct bank transfer, check or credit card to the advertiser prior to HomeAway’s transmission of such notice.
4.6 Document all payment(s). A Protected Traveler must provide written documentation of all payments and refunds (partial, full and/or deposit) made to or by the advertiser. Additionally, a Protected Traveler must prove that those payments were made prior to HomeAway’s transmission of any notice that the subject property was not eligible for participation in the Program.
4.7 Document the loss. The Protected Traveler must provide HomeAway with all requested written documentation of lost or misappropriated funds. Upon request by HomeAway, the Protected Traveler must provide written evidence that the advertiser received funds from the Protected Traveler, was notified of the Protected Traveler’s refund request and refused or failed to return or refund such funds to the Protected Traveler. You should not alter or destroy any documentation related to the lost or misappropriated funds until the matter is resolved.
4.8 Notify HomeAway. The Protected Traveler must notify HomeAway within fifteen (15) business days of the first event giving rise to a Protected Traveler’s request for reimbursement under the Program by: (i) email to customer support; or (ii) by mail to HomeAway Carefree Rental Guarantee Program, HomeAway.com, 1011 W Fifth Street, Suite 300, Austin, TX 78703; or (iii) by calling 1-877-228-3145 or 512-782-0805.
4.9 File a Reimbursement Request. The Protected Traveler must complete, sign and submit the Reimbursement Request Form with all requested documentation to HomeAway within one year of the departure date set forth in your Registration.. If a completed Reimbursement Request Form is not submitted within that time period it shall be deemed denied. The as-submitted Reimbursement Request Form must contain the Protected Traveler’s agreement that:
- Any payment available to such Protected Traveler under the Program shall be payable only to the extent that the proceeds of any coverage or recovery provided by any insurance policy or any other source of recovery held or collectible by any applicant under the Program is insufficient to reimburse wholly the Protected Traveler for lost or misappropriated payments made to the advertiser.
- If HomeAway pays for the reimbursement, reversal or chargeback that a Protected Traveler seeks from the advertiser, such traveler agrees that HomeAway assumes all of his or her rights against the advertiserand any third parties related to the payment, and may pursue such rights directly or on such traveler’s behalf, in HomeAway's sole discretion; and
- Such Protected Traveler agrees to execute a general release agreement in form and substance acceptable to HomeAway, thereby releasing HomeAway from any and all claims such traveler may have arising prior to the date of the payment made by HomeAway.
4.10 Help us help you. For the avoidance of doubt, if a Protected Traveler requests reimbursement under the Program, he or she agrees to provide to HomeAway, on a timely basis, any documentation requested to support such request. Such traveler also agrees to fully cooperate with HomeAway in all aspects of the reimbursement process. HomeAway may close without payment any reimbursement request file of a Protected Traveler who does not respond to inquiries regarding an alleged fund loss or misappropriation within specified times.
4.11 Reimbursement process. HomeAway will complete the processing of each request for reimbursement under the Program within a reasonable time period after receipt of all requested documentation. As noted above, it is recommended that Protected Travelers who are seeking reimbursement do not discard or alter any documentation related to the reimbursement request until the matter is resolved.
5. Other offers. By registering for the Program, each Protected Traveler further agrees that HomeAway may transmit its email newsletters to such person, along with other account information that may be targeted to such traveler’s interests.
6. Entire Agreement; Contact Information. These Terms constitute the entire agreement between HomeAway and each Protected Traveler with respect to the Program. Except as may be modified by these Terms, each Protected Traveler acknowledges and agrees that it is bound by the existing Terms and Conditions of Use of the HomeAway Sites. In the event of any conflict between these Terms and the Terms and Conditions of Use, these Terms will govern. If you have any questions regarding the Program or these Terms, please contact us by: (i) email to customer support; (ii) by mail to HomeAway Carefree Rental Guarantee Program, HomeAway.com, 1011 W. Fifth Street, Suite 300, Austin, TX 78703; or (iii) by calling 1-877-228-3145 or 512-782-0805.
Last revised: April 9th, 2012
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