Welcome to Vacason website (the “Website”, the “Platform”). ("Vacason, Vacason.com”, “Us” or “We”) provides a platform that connects travellers (“Guests”) looking for accommodations with hosts (“Hosts”) who want to rent out their available properties (“rooms”, “spaces”) in cities across the World.
Agreement: By registering for or using Vacason.com platform (Website, Apps Services), users agree to follow and be legally bound by the following Terms and Conditions:
The Platform comprises of Website and Apps through which Hosts may create listings for accommodations and Guests (Travelers) may book accommodations provided or listed by Hosts.
Vacason provides a platform on which Host and Guest can communicate with each other and conclude agreements regarding accommodation. You understand and agree that Vacason is not a party to any agreements entered into between Hosts and Guests.
You understand that Vacason is not a Real Estate Broker, Real Estate Agent or an Insurance Agent. You understand that Vacason does not examine the accuracy, completeness or legality of offers published on its platform has no control over the conduct of its Hosts or Guests and other users of the platform and disclaims all liability in this regard to the maximum extend permitted by the Law.
You understand and agree that Vacason reserves the right to amend its Terms of Service (Terms and Conditions) or modify its content, service fees, website or apps without prior notice.
Membership Eligibility: As a condition of your use of the Platform (Website, Apps and Services), you understand and warrant that you are at least 18 years of age. Access to the Platform is prohibited for anyone less than 18 years of age.
1. Definitions. “Account” means Vacason.Com account and the password-protected pages containing account information and account control options, accessible via the Website.
“Apps” means Application for mobile devices such as iOS App, Android App, Windows App and Blackberry App that may be provided by Vacason.com to its members to access its content and services.
“Website” or “Site” means an online Application provided by Vacation at Vacason.com to enable its members to access its content and services.
“Platform” means collectively Website and Apps, provided by Vacason to enable its members to access its content and services.
“Content” means collectively content provided by Vacason.com, that is Vacason.com Content and members of Vacason community, that is Member Content, which includes text, graphics, images, music, audio, video, information or other materials through Vacason.com’s platform (Website or Apps).
“Booking Request” means a request for accommodation which is made by a Guest and which a Host may decide whether to confirm or reject that booking request.
“Guest or Traveler” means a member who requests a booking or an accommodation via the Website or Apps or a member who stays at an accommodation provided by a Host.
“ Host” means a member who creates a listing via the Website or Apps and provides an accommodation for a Vacation Guest.
“Listing” means an accommodation that is listed by a Vacation Host and made available for rental via the Website and Apps.
“Members” means a person (user) who completes Vacason.com’s account registration process. This includes but not limited to Host and Guest.
Tax” or “Taxes” mean any Tourist Tax, Bed Tax, Sales Tax, Value Added Tax (VAT), Occupancy Tax, Accommodation or Lodging Tax and other similar taxes that a Host may be required by law to collect and remit to local authorities or governmental agencies in the Host’s country.
“Accommodation Fees” means the amount determined by a Vacation Host and payable by a Guest in return for that Guest’s stay in an accommodation provided by a Host. These fees include (a) Booking Fee (b) a Cleaning Fee (c) Taxes that a Host determines that he or she has to collect or any other fee permitted by Vacason.com.
“Guest Fees” means the fee that Vacason.com charges a Guest for the use of its online platform (Website and Apps), which is calculated as a percentage of the applicable Accommodation Fees. The Guest Fees will be displayed to the prospective Guest when requesting an accommodation from a Vacation Host.
“Host Fees” means the fees that Vacason.Com charges a Host for the use of its platform. These fees are calculated as a percentage of the applicable Accommodation Fees. The Host Fees will be displayed to the Vacation Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest.
“Service Fees” means collectively the Guest Fees and the Host Fees.
Total Fees” means collectively the Accommodation Fees and the Guest Fees, plus any Taxes in respect of Guest Fees, such as Value Added Tax that is applicable in city or country. Terms of Service (Terms and Terms and conditions) posted on Vacason.com platform (Website, Apps and Services) may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Website and Apps, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website and Apps.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING OUR WEBSITE SITE OR APPS OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE, VIA THE APPS, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE AND APPS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE, APPS, OR COLLECTIVE CONTENT . If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
2. Accounts: Guest or Traveller and Host must register for an Account with Vacason to become a member and provide certain information as prompted by the registration form, which includes but not limited to Username and Password, valid Email address, First Name and Last Name and current Address (not a P.O. box). Guest or Traveler and Host represent and warrant that: (a) All required registration information submitted is complete and accurate. (b) Guest or Traveller and Host must ensure the accuracy of such information. Vacason members may also login to the platform using a “Third Party” Social Network account such as Facebook, Twitter, Linkedin, Yahoo, Google, Google Plus and OpenID by linking their Vacason accounts with such “Third Party” account, allowing Vacason to access such “Third Party” account as permitted under the applicable terms and conditions that govern the use of that account.
Guest (Traveler) and Host are responsible for maintaining the confidentiality of their Account login information and fully responsible for all activities that occur under the Account. Vacason cannot and will not be liable for any loss or damage arising from Guest (Traveler) and Host’s account for failing to comply with confidentiality requirement of his or her login information. Multiple registrations under different Usernames are prohibited on Vacason platform.
Modifications to Terms and Conditions: Vacason reserves the right to modify its Terms and Conditions at any time without prior notice if modification is necessitated by economic or legal grounds. The modification will be posted on the Vacason platform which includes the website at http://vacason.com and Apps. When such modification is made, users will be notified by e-mail of the new version of the Terms and Conditions. By continuing to access the site and Apps provided by Vacason, after such modification has posted to the website and Apps, users are consenting that they agree to be bound by the modified Terms and Conditions. Any member (user) who does not consent to the modified Terms and Conditions should cease to use the website and Apps provided by Vacason.
Accommodation Listing and Performance by Hosts: The Vacason platform is an online market place on which members (users) can offer and rent apartments, houses, rooms or other accommodation (“accommodation”). Members of Vacason may create accomondation listings by using the website and Apps. Hosts creating accomondation listings must provide a valid address On Vacason website at http://vacason.com and Apps, Vacason provides a platform on which users can communicate with each other and conclude agreements. Vacason itself does not offer any accommodation; it merely acts as an intermediary for the conclusion of agreements between members. Agreements are concluded exclusively between the member providing the accommodation ( “host” ) and the user renting the accommodation ("guest" or “traveler”). Vacason itself is not a party to the agreements concluded between the website’s users. However, Vacason is entitled to act as a representative for the host with the authority to conclude agreements and to conclude agreements on his behalf. However, the hosts and the guests or travellers are themselves responsible for satisfying their own contractual obligations. In the event of default, this must be negotiated between the members. Vacason saves and will transmit the contact data of both parties for this purpose. Vacason does not examine the legality, accuracy or completeness of offers published on the platform or user content, and these do not represent the views of Vacason. Vacason is not responsible for third-party offerings or content. Hosts can apply their own terms and conditions to the accommodation they are renting that do not affect the General Terms and Conditions of Vacason. Hosts and Travelers are responsible for their adherence to the provisions governed by local or public law, including municipal codes regarding property rental.
Member Registration : User registration is required for the use of Vacason’s website and Apps. Registration is free of charge and requires that members accept Vacason’s General Terms and Conditions. The user agreement between Vacason and the member arises on receipt of the registration confirmation e-mail at the e-mail address provided by the user. There is no claim to the conclusion of such a user agreement. Registration is available only to natural persons, legal persons and partnerships that are fully legally competent. The registration of a legal person or partnership may be performed only by a natural person with power of representation who must be named. When registering, only individual persons may be given as the owner of the user account (i.e. no married couples or families).When registering, the user undertakes to provide accurate, up-to-date and complete information as required by the registration form, in particular first and last name, current address (not a PO box), a valid e-mail address and, where appropriate, the name of the company and an authorised representative. The data must be up-to-date and correct at all times. Multiple registrations under different member names are prohibited. When registering, the user chooses a member name and a password. The member name cannot be an e-mail or Internet address, must not violate third-party rights – in particular naming or trademark rights – and must not transgress the bounds of common decency. After registration, the user is assigned a password and a name for his user account.The user can receive contractual declarations at his stated e-mail address.
Member obligations: The member is solely responsible for all content that he places on the platform. In his relationship to Vacason, he commits not to place illegal content on the platform and to refrain from actions that violate laws. The Host is responsible for ensuring that the accommodation he offers is described correctly and completely. He must provide the information in Vacason’s required fields at a minimum so that the accommodation and the offer are described with sufficient accuracy. In addition, the provider is free to stipulate further conditions such as the amount of any deposit, the cost of final cleaning, cancellation options, hoiuse rules, etc. The various cancellation policies that can be agreed are available under cancellation policies. The user undertakes to keep the information in his user account up-to-date and accurate at all times, i.e. to correct it immediately in the event of a change. A user account cannot be transferred. The member undertakes to use his user account himself only and to keep his password secret.The member is liable to Vacason for all actions performed using his user account, unless the user is not responsible for the misuse of his user account. Once a member is aware that a third party has access to his user data or have otherwise gained access to his user account, he must notify Vacason of this immediately. Vacason is entitled to then block the account until the situation has been clarified.Each member must independently verify the identity of his respective contract partner. Vacason accepts no liability for the accuracy of the user contact information entered on the platform. The member undertakes to set up his systems and programmes in connection with the use of Vacason offering in a way that ensures that the security, integrity and availability of systems set up by Vacason to provide its services are not affected. Users must not block, rewrite, or modify content generated by Vacason or interfere with the Vacason offering in any other way that contravenes the purpose of the user agreement. Vacason is entitled to set up the required measures as are necessary to ensure the system integrity of Vacason or third-party systems. Members must not use addresses, contact data, or e-mail addresses that they obtain by using the website or Apps for any purpose other than for contractual communication. In particular, these data must not be forwarded to unauthorised persons or used to send advertising, unless the user in question has expressly granted his consent in advance. The user absolutely must not send mass messages with the same content via the platform. Any spamming or similarly harassing action towards other users or third parties is prohibited. Each member is himself responsible for archiving any information that can be viewed on the website and saved by Vacason that is required for the purposes of preservation of evidence, accounting, etc. on a storage medium independent of Vacason. In the event of a violation of these Terms and Conditions by a member, Vacason is entitled to exercise its virtual householder rights. Vacasong can exclude the user in question from using its services, delete the content he uses, or take other measures. Vacason will take legal action to exercise its legitimate rights to forbearance and compensation.
Liability for third-party sites: The platform’s pages also include links to websites on the Internet maintained by third parties, the content of which is not known to Vacason. Vacason merely provides access to the websites and accepts no responsibility for the content. The links to third-party Internet sites merely serve to facilitate navigation.
Vacason does not espouse the views expressed on the sites to which it links, facilitate navigation. Vacason does not espouse the views expressed on the sites to which it links, and rather hereby expressly distances itself from all content on all websites that it links to on its platform. The owners of the Internet sites to which the Vacason platform hyperlinks are solely responsible for both their content and the goods or services offered for sale there. Bookings and payments: By listing an accommodation on the Vacason website, the host is issuing an invitation to submit offers. Another member can submit an offer to conclude an agreement for this accommodation. The agreement arises if the provider accepts this offer within 24 hours in a manner intended by Vacason. Otherwise, the other member is no longer bound to his offer. One of the options shown under Cancellation Policies can be agreed. Refunds required as a result will be paid by Vacason to the user using the same channel chosen by him. The Host must ensure that: the description of the accommodation and the images used do not violate the law or third-party rights and that they relate only to the accommodation on offer. successfully booked accommodation is indicated accordingly. Information uploaded does not constitute references to third-party content, he complies with public law regulations, particularly those for payment, factoring and tax law obligations, which may also include any obligations under sales tax law or indirect tax obligations. The host will be solely responsible of the obligations and duties of the offer content. Vacason is entitled to verify the offer of the users and ask for the corresponding proofs.
Payment process : The agreement arises by way of a total price shown at the end of the booking. This consists of the rent and the processing fee, which comprises an administration component and a property-based component determined by the rent. After a booking has been made, Vacason notifies users of its content and the total price. Vacason is entitled to change the amount of service fees at any time. This does not apply to agreements already concluded. The host will be notified of the amount of the service fee by e-mail in a timely manner together with the booking inquiry. The guest or traveler must pay the total price shown in the booking, by way of the channel chosen in the booking process. Vacason receives the money from the guest or traveller on behalf of the host and holds it for the host in a non-interest-bearing trust account. If debt collection is unsuccessful, the host must reimburse any additional costs incurred. This does not apply if the guest or traveller is not responsible for the failure of debt collection. On conclusion of the booking process, the guest or traveller instructs Vacason to transfer the rent to the host 24 hours after the start of his stay in the rented accommodation. If use of the accommodation is not transferred to the traveller as per contractual arrangement, the guest or traveller has the right to revoke this instruction to Vacason. Instructions to Vacason must be revoked immediately stating grounds and using the contact form. The Host shall satisfy his obligation to pay the processing fee to Vacason by way of Vacason transferring this from the trust account to his own, so that the host does not have to make any further payments. Members can offset Vacason processing fees against receivables only if these are due and have been legally established or are undisputed. Receivables cannot be transferred to third parties. On request, the host must issue the guest or traveller with an invoice for the total price. On request, Vacason will issue the host with an invoice for the service fee, though this will be shown without sales tax or similar indirect taxes in accordance with tax law provisions, unless expressly stated otherwise in these regulations. Unless Vacason is notified otherwise, it is refutably assumed that the host operates in a business capacity and is aware of his resulting (sales) tax obligations and satisfies these accordingly. Vacason is entitled to demand corresponding evidence of the host’s business capacity. Booking vouchers issued by Vacason can be used by Guests or Travelers to make bookings within set periods. Travelers do not receive any payment. Users are prohibited from circumventing the above booking and payment processes, in particular the processing fees.
Payment Processing Errors: Vacason will take every necessary step to rectify any payment processing errors that it is aware of. The steps taken to rectify these errors may include crediting or debiting the same payment method used by the member for services on the Vacason platform.
Security deposit: The host is entitled to charge a security deposit in his offer. If a provider demands a security deposit from the traveler on the day of arrival, corresponding information on the amount of the security deposit and the payment method must have already been mentioned in the offer. The amount of the security deposit must be stipulated prior to the booking. It must also be clarified in advance when the amount must be paid. If the host did not mention the security deposit when advertising his accommodation, but demands a security deposit at a later time and the traveller does not agree, this constitutes a refusal to render performance by the host under the agreed contract. In such cases, Vacason reserves the right to cancel the booking and to charge the host a cancellation fee. Vacason is not responsible for the administration of security deposits or for any claims asserted by the host.
Vacason Review system: The website and Apps allow members to review each other after performance of the agreement. Reviews are intended to provide meaningful information on users' trustworthiness. The reviews are not reviewed in advance by Vacason.
Members undertake to make only truthful statements in the reviews they submit and to comply with the corresponding legal provisions. The reviews expressed by users must not violate third-party rights, in particular personality rights. They must be objective and must not contain defamatory criticism. Any use of the review system contrary to the purpose of the review system is prohibited. In particular, members are prohibited from issuing reviews about themselves or arranging for third parties to let information be known in reviews that is unrelated to the settlement of the underlying agreement, and are prohibited from using reviews for any purpose other than presentation on the website. Vacason does not intervene in the review system without justifiable grounds. Reviews issued will be neither amended nor removed by Vacason unless Vacason is legally and specifically required to do so. Reviews cannot be altered after they have been posted. They are saved permanently in a user’s reviews profile and can be viewed by all users. Vacason is entitled to add notes to a review if this is useful for clarification and a better understanding of the review in question. The only case where Vacason will publish a review in place of a user is if the Host has cancelled a booking, in which case an automatic one-star review will be published on the offer. If reviews are abused by a user, Vacason shall have the right to remove the review as an exception and to take any necessary measures . This applies in particular if:
the review must be removed on account of an enforceable court ruling against those who issued the review; the comment contains remarks that are vulgar, obscene, racist, not suitable for minors, or criminally offensive; the review contains another member’s personal information, such as name, address, telephone number or e-mail address; the review contains unauthorised links or scripts; if a member has inadvertently posted a negative review for the wrong user, but has already corrected this error and assigned the same review to the correct user; the review was issued by a person who was not authorised to make the booking; the review comes from a member whose user account was blocked by Vacason within 90 days of registration. This does not apply to user accounts that are blocked for non-payment of a processing fee or in situations where users are granted the opportunity to solve the problem and the user account is restored.
Duration and termination: The user agreement is concluded for an indefinite period. The member can terminate it at any time without notice. A declaration of termination to Vacason in written form (e.g. letter, fax, e-mail) is sufficient. User's agreements with other users that have already been proven or arranged remain unaffected by the termination of the agreement. This applies accordingly to claims for the payment of processing fees already due. Vacason can terminate the user agreement at any time with two weeks’ notice. This does not affect the right to block, the right to terminate for just cause or individually agreed rights of termination of the user. In particular, Vacason has just cause if:
The member does not comply with a not merely insignificant payment obligation in full or in part, despite having been sent a reminder with an appropriate deadline; The member violates his obligations under these Tersm of Use (General Terms and Conditions) and does not take remedial action despite having been sent a reminder with a timely deadline. A reminder is not needed if this is not expected to be successful or if the breach is sufficiently severe that it would be unreasonable for Vacason to maintain the agreement. Furthermore, the severity of the offence can also result from the fact that the user has already been warned several times for similar violations; Requirements of law, a court, or an official authority mean that the use of the platform can no longer be offered in this form: Vacason discontinues its platform or business activities; Insolvency proceedings are initiated for the user’s assets owing to a lack of funds.
Conduct: If there are specific indications that a user is culpably violating legal provisions, thirdparty rights, or the General Terms of Service (Terms and Conditions) or if Vacason otherwise has a legitimate interest, particularly with regard to protecting its users against fraudulent activities, Vacason can take one or more of the following actions subject to termination without notice: Issue the user with a warning; Delete the user's offers or other content; Restrict the user's use of the website; Temporarily or permanently exclude (block) the member from the website and Apps; Contest and cancel existing leases in the name of the host without taking into account the otherwise applicable cancellation policies, and reject the member’s offers for the conclusion of an agreement in the name of the host. Vacason also takes the legitimate interests of the member in question into consideration when choosing these measures. Agreements that have already been concluded between the user and other users are not affected by deletion of an offer. This applies accordingly to claims for the payment of processing fees already due. An effective agreement does not arise if Vacason deletes an offer before it is accepted by a user. Vacason has the right to permanently block a member in each of the following cases. As far as reasonable, the member will receive prior warning by Vacason so that it has the opportunity to dispel suspicion or take remedial action. If a previous warning is not reasonable, e.g. because blocking is necessary to prevent any damage to Vacason or another user, the user will be subsequently informed by Vacason of the blocking immediately, and then be given the opportunity to comment and take remedial action. The right to block a user exists if: the member has repeatedly received negative reviews in the review system and must be blocked to protect the interests of other market participants; the member has provided incorrect contact information in his user account, in particular an incorrect or invalid email address; a member account is transferred to another party; the member significantly harms other users, in particular if their accommodations and/or furnishings are damaged, destroyed, stolen, etc.; there is just cause due to similar risk and responsibility of the member. After a member has been permanently blocked by Vacason, he is not entitled to have the blocked user account or the reviews profile restored. The member will also no longer be permitted to use the website or apps with other user accounts or to re-register.
Limitation of Liability: You acknowledge and agree that, the entire risk arising out of your access to and use of Vacason website, apps, content and your listings or bookings of properties posted through the site and apps. Neither Vacason nor its affiliates will be liable for incidental, special, exemplary or consequential damages, including loss of profits, data or goodwill service interruption, computer damages, including lost profits, data, goodwill service interruption computer damages or system failure, cost of substitute products or services, or any form of damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of the site, apps or content, from any communications, interactions or meetings with other users of the site or apps or other persons with whom you communicate or interact as a result of the your use of the website, apps or content, listings or bookings of property through the site or apps, whether based on warranty contract, tort (including negligence), product liability or other legal theory and whether or not Vacason has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Vacason does not participate in the contractual relationship between the guest or traveler and the host, Vacason accepts no liability for contracts for accomondations.
indemnification: Members agree to release, defend, idemnify and hold Vacason and its affliates, subsidiaries, directors, agents and employees harmless from and against any claims , liabilities, damages, losses and expenses, including without limitation, reasonable legal acnd account fees, arising out of or anyway connected with your access to or use of the website and Apps or contentss, including but not limited to member content or interaction with any member, booking of any accomondation or accomondation listings, use of accomdation, including but not limited to injuries, losses or damages (compensatory, direct, incidental, consequential or otheriwse) of any kind arising in connection with or as a resulut of a rental, booking or use of an accomondation. Entire Agreement: These Terms of Service (Terms and Conditions) consitute the entire and exclusive understanding and agreement between Vacason and members regading the website and Apps and any bookings or listings of accomondations made through the website and Apps. The Terms of Servce (Terms and Conditions) supercede and replace any and all oral or written understandings or agreements between Vacason and members regading bookings or listings of accomondations, the website and Apps.
Laws and Jurisdiction: These Terms of Service (Terms and Conditions) will be interpreted in accordance with the laws of United States, without regard to its conflict-of-law provisions. Members agree to submit to the personal jurisdiction of a state court located in the United States for any actions for which the parties retain the right to seek injuctive or other equitable relief in a court of competenct jurisdiction to prevent the actual or threatended infringment, misappropriation or viaolation of party's copyrights, trade secret or other intellectual property rights.
Dispute Resolutions: You and Vacason agree that any dispute, claim or controversy arising out of or relating to these Terms of Service (Terms and Conditions) or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the website, Apps and Servces (collectively, "Disputes") will be settled by binding arbitration, except that each retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual property rights. You acknowledge and agree that you and Vacason are each waiving the right to trial by jury or participate as a plaintiff or class member in any purported class action or representative proceeding.
Changes to this Policy