Basic Rental Guarantee Terms and Conditions
When you request reimbursement under the Basic Rental Guarantee™ from HomeAway® (the “Basic Program”), you agree with, accept and are subject to these terms and conditions (the “Terms”). As detailed below, the Basic Program is intended to provide protection against Internet Fraud (as defined below) for deposits or rental fees paid outside the ReservationManager℠ system ("ReservationManager") up to a maximum of One Thousand Dollars ($1,000.00).
1. General Program Guidelines.
You may qualify for the Basic Program if you satisfy all of the following requirements:
- Find, inquire about, and pay to rent a holiday rental property advertised in the HomeAway, Inc. community of websites: HomeAway.com, VRBO.com, VacationRentals.com, Holiday-Rentals.co.uk, HomeAway.com.au, , OwnersDirect.co.uk, HomeAway FeWo-direkt.de, Homelidays.com, AlugueTemporada.com.br, Abritel.fr, HomeAway.nl, HomeAway.pt, HomeAway.es, HomeAway.it, HomeAway.dk, HomeAway.se, HomeAway.fi, HomeAway.ca, HomeAway.no, and HomeAway.com.mx (collectively, “HomeAway” or the “HomeAway Sites”);
- Submit a Basic Rental Guarantee Reimbursement Request Form (the “Request Form”) within the required time periods set forth below. A traveler who properly submits a Request Form is hereafter referred to as a “Protected Traveler” (PLEASE NOTE THAT IN ORDER TO BE A PROTECTED TRAVELER UNDER THE PROGRAM, THE LISTING OF THE SUBJECT RENTAL PROPERTY MUST BE AN ACTIVE LISTING ON A HOMEAWAY SITE AT THE TIME OF PAYMENT AND YOUR PAYMENT TO THE ADVERTISER MUST BE RECEIVED BY THE ADVERTISER BEFORE HOMEAWAY HAS SENT YOU NOTICE (IF ANY) THAT THE SUBJECT RENTAL PROPERTY IS INELIGIBLE FOR PARTICIPATION IN THE PROGRAM OR THE CAREFREE RENTAL GUARANTEE PROGRAM);
- Send money to the advertiser via ReservationManager (credit card or ACH transfer), credit card, check, or direct bank transfer to secure the booking or reservation of the property;
- Incur a loss of funds due to Internet Fraud as described in these Terms;
- Notify HomeAway of your loss within the required time periods set forth below; and
- Are denied reimbursement for your loss of funds from (i) the advertiser, and (ii) your bank, payment provider or credit card issuer (as applicable).
2. Protections Provided.
Subject to the sole discretion of HomeAway, and the restrictions and limitations set forth in these Terms, the Basic Program provides up to a maximum of One Thousand Dollars ($1,000.00) in aggregate protection to a Protected Traveler against amounts actually paid by a Protected Traveler outside of ReservationManager to an advertiser where such funds are lost or misappropriated as the result of Internet Fraud.
“Internet Fraud” is defined as a deposit or payment by a Protected Traveler for a rental property that is listed on a HomeAway Site where
(i) such listing is subsequently determined to be fraudulent, in HomeAway’s sole discretion,
(ii) such deposit or payment is determined by HomeAway to have been made to the advertiser and is then wrongfully withheld by the advertiser who 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 the reservation or booking, or
(iii) 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 personal email or HomeAway account of the advertiser and that has posed as the advertiser to the Protected Traveler to induce such payment
3. Illustrative Examples of Losses of Funds Not Protected.
The following are illustrative, but not exhaustive, examples of losses of funds that the Basic Program DOES NOT protect against, as determined in the sole discretion of HomeAway:
- Any deposits or payments for a holiday rental not refunded or returned because of failure to comply with the advertiser’s policies or other breach of the rental agreement.
- 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 and/or any other cost, expense, loss, or damage.
- Payments or deposits made to any advertiser via cash, check made out to cash, Western Union, MoneyGram, Moneybookers, 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 or protection under the Basic Program or the Carefree Rental Guarantee 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, including, but not limited to construction, weather events, natural disasters or political or security threats.
- Any deposits or payments for a holiday rental that are not refunded or returned because a Protected Traveler and the advertiser are in a dispute over whether a refund is due.
- Any deposits or payments to the advertiser in excess of One Thousand Dollars ($1,000.00) when the payment is made outside of ReservationManager.
- Any loss of funds related to a listed rental property that exists but is the subject of a dispute over whether the advertiser has the authority to lease the subject property.
- Any loss of funds except for a loss involving Internet Fraud, including, without limitation, any loss involving wrongful denial of entry, material misrepresentation, wrongful deposit loss after the stay, events that might be characterized as "renter's remorse", "bait and switch" or any objection by the Protected Traveler to the location, condition, cleanliness, or suitability of purpose of the property, all as determined by HomeAway in its sole discretion.
4. Process Requirements.
In order to obtain any reimbursement from HomeAway under the Basic 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 loss, or the making by any Protected Traveler of any false or misleading statement with respect to any request for reimbursement hereunder, will void eligibility for reimbursement under the Basic 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, 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”) upon learning of the existence of a potential loss of funds. A Protected Traveler is only entitled to receive payment from HomeAway under the Basic Program if the bank(s), payment provider, or credit card issuer (as applicable) denies a Protected Traveler’s request for a Chargeback. Upon request from 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 Basic Program if such settlement amounts to less than the maximum reimbursement amount under the Basic Program. If a Protected Traveler receives any type of reimbursement from the advertiser, a bank or credit card company after receiving payment from HomeAway under the Basic Program, the Protected Traveler agrees to immediately notify HomeAway of the reimbursement and refund any and all amounts received in excess of what was due under the Basic 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. 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 sole discretion.
4.3 Document the listing. Upon request by HomeAway, a Protected Traveler must provide written proof that the subject property was listed on one of the HomeAway Sites when the booking or reservation was made.
4.4 Document the inquiry. Upon request by HomeAway, a Protected Traveler must provide a copy (electronic or print form) 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 locating a log of this inquiry in its database.
4.5 Document the reservation. A Protected Traveler must prove that he or she reached a final agreement with the advertiser regarding the listed rental property and provide HomeAway with all requested documentation of email, telephone, written or other communications with the advertiser regarding the rental property.
4.6 Document all payment(s). If HomeAway sent the Protected Traveler a notice that a listing or property is not eligible for participation in the Basic Program or the Carefree Rental Guarantee program, then the Protected Traveler must prove that he or she made payment via direct bank transfer, PayPal, check or credit card to the advertiser prior to HomeAway’s transmission of such notice. A Protected Traveler must provide written documentation of all payments and refunds (partial, full and/or deposit) made to or by the advertiser. 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 or protection under the Basic Program.
4.7 Document the loss. The Protected Traveler must provide HomeAway with all requested written documentation of lost or misappropriated funds. Further, the Protected Traveler must provide written evidence that the advertiser received funds from the Protected Traveler, was notified of the Protected Traveler’s refund claim, and refused or failed to return or refund such funds to the Protected Traveler. Protected Travelers 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 Basic Program by: (i) email to customer support; or (ii) by mail to HomeAway.com, Inc., HomeAway Basic Rental Guarantee Program, 1011 W. Fifth Street, Ste. 300, Austin, TX, 78703 ; or (iii) by calling (001) 877-228-3145 or 512-782-0805.
4.9 File a Reimbursement Request. The Protected Traveler must complete, sign and submit the Request Form with all requested documentation to HomeAway within one year from the date your rental was to begin. If a completed Reimbursement Request Form is not submitted within that time period it shall be deemed denied. The as-submitted Request Form must contain the Protected Traveler’s agreement that:
- Any payment available to such Protected Traveler under the Basic Program shall be payable only to the extent that the proceeds of any other coverage or recovery provided by any insurance policy or any other source of recovery held or collectible by any applicant under the Basic Program is insufficient to reimburse wholly the Protected Traveler for lost or misappropriated payments made to the advertiser or person posing as the advertiser, as applicable;
- If HomeAway pays for the reimbursement, reversal or Chargeback that a Protected Traveler seeks from a property owner or manager, such traveler agrees that HomeAway assumes all of his or her rights against the advertiser and 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 Protected 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 Basic 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 choose not to process any payment or reimbursement request from a Protected Traveler who fails to respond to HomeAway’s inquiries within specified times.
5. Reimbursement process. HomeAway will complete the processing of each request for reimbursement under the Basic 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.
Last revised May 10, 2013.