Signed in as:
filler@godaddy.com
LAST MINUTEVACATION RENTALS, LLC
Effective : January 1, 2025
We are glad that you are taking the time to read this Property Owner Agreement (the “Agreement”).
This Agreement is important because:
it is a binding contract between you and us;
it sets out the legal terms on which our Services are made available to you; and
it covers any interactions or communications you have through our Service.
Any use of our Service (including any of the content or other services made available through it) is subject to this Agreement and it is a condition of using our Service that you accept this Agreement.
To list your Property or Properties with our Service, you must also accept this Agreement, our LMVR Rental Policies, our Terms of Service, and our Privacy Policy.
We may make changes to this Agreement by updating them at any time and your continued use of our Service after any changes come into effect will constitute your acceptance of the updated Agreement.
Any existing bookings will continue to be governed by the Terms that applied to the booking when the booking was made.
We recommend that you save or print a copy of this Agreement before you list your first Property with our Service.
You acknowledge that hosting a Property carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the LMVR Service, offering Property rentals, Property Listings, or any interaction you have with others whether in person or online. You agree that you have had the opportunity to investigate the LMVR Service and any laws, rules, regulations, or obligations that may be applicable to your Listings and Property rental, and that you are not relying upon any statement of law made by LMVR.
Section 12 (Disputes and arbitration, contact us and complaints) below contains an arbitration agreement and class action waiver that apply to all claims brought against us in the United States. Please read them carefully.
1. INTRODUCTION; LEGAL & BINDING AGREEMENT.
A. Definitions.
1. “we," “us,” “our, or “LMVR,” refers to Last Minute Vacation Rentals, LLC, with its offices at 2524 N. Broadway, Ste 554, PMB 328187, Edmond, OK 73034-4172, which provides the Service and is the company that contracts with you under this Agreement.
2. “you” or “Property Owner” or “Host” refers to you, the owner of the Listed Property(ies) (and your duly authorized Property Manager, if any), who hosts Guests at the Listed Property(ies).
3. “Property Manager” refers to a person or company that has been duly authorized in writing to act on behalf of the Property Owner concerning all Rentals of the Property Owner’s Properties. If a Property Manager is acting on behalf of the Property Owner, then all references to “Property Owner” shall mean “Property Owner and/or Property Manager”.
4. “Property” refers to your real estate and improvements that you list with our Services for short term rentals and if you have more than one property, refers to all properties you own, and the listings related to your Property(ies).
5. “Listing” or “Property Listing” refers to the Property Owner or Property Manager, who may in accordance with this Agreement, agree with LMVR to place on our Service a listing for a specific Property for short term rental.
6. “our Service” or “Service” refers to our website, online property listing and booking service platform, and all other related features, elements, offerings and programs related to the Property Listing and booking services for short term rentals of your property.
7. “Site” or “Website” refers to Last Minute Vacation Rentals and the Services offered as a result of using the Site.
8. “Guest” refers to a guest or potential guest (and all persons named on a booking), using our Service and any of the Content or other services made available through it (including, booking a Property or interacting or communicating through the Service), and who is not using it in their capacity as a Property Owner. You and your Guest may enter into a “Rental Agreement” (defined below) you provide. We are providing the Service to you as a place for Guests to book properties, including yours, and we are not a party to the Rental Agreement or any other agreement between you and your Guest(s).
9. "Content” means all text, descriptions, reviews, photographs, images, videos, and any other content that you, Guests, and/or any third parties submit to our Service, including Listings.
10. “Terms” or “Agreement” refers to this Property Owner Agreement and the LMVR Rental Policies and all other policies in connection with the use of the Service as may be amended from time to time.
11. “Rental Agreement” refers to the rental or lodging agreement you prepare and is signed by and between you, as the Property Owner and Host, and the Guests.
12. “LMVR Rental Policies” refers to the rental policies adopted from time to time by LMVR and that apply to the rental of the Property. The LMVR Rental Policies bind the Property Owner and the Guest, unless the Property Owner has its own policy on the same subject matter in its Rental Agreement. If there is a conflict between the LMVR Rental Policies and a term in the Property Owner’s Rental Agreement, the Property Owner’s Rental Agreement shall prevail.
13. “Users” means Guest(s) and the Property Owners, collectively.
14. “Damage Deposit” refers to Refundable Damage Deposit or the Non-Refundable Damage Deposit that may be required by a Property Owner to be paid by a Guest for a particular Property booking.
15. “Rental Fee” refers to the amount charged by the Property Owner to the Guests and includes the total of the nightly rental rate multiplied by the number of nights booked, plus any extra fees such as pet fees, or cleaning fees that the Property Owner charges, plus the amount of any Refundable Damage Deposit or Non-Refundable Damage Deposit.
16. “Property Registration Fee” is the fee charged by LMVR to the Property Owner to register each Property initially Listed through the Service. That fee is $199.00 per Property. If a Property is delisted or removed from the Service, relisting or adding it back again is subject to another Property Registration Fee.
17. “Listing Fee” is the fee charged by LMVR to the Property Owner for the use of the LMVR Service. The Listing Fee is 5% of the Rental Fee. The Listing Fee is not charged against Taxes collected from the Guest.
18. “Owner Cancellation Fee” refers to Owner Cancellation Fee in the amount of $75.00 charged pursuant to Sections 6(B) and 6(C) .
19. “Tax Remittance Fee” refers to the Tax Remittance Fee in the amount equal to the cost to LMVR of its tax remittance software plus 10% fee to LMVR charged pursuant to Section 5(M).
B. This Agreement constitute a legally binding agreement between you and us. You will be provided with 30 days' notice in advance of material changes to any of the provisions of this Agreement. We will inform you of such material changes via your email address and/or via the “Dashboard” (as described below). If you do not agree to the updated Agreement, you may terminate this Agreement by removing your Listing(s) and ceasing to use our Service within the 30-day notice period. You should visit this page periodically to view the most current Terms because your continued use of our Service after any changes to this Agreement is acceptance of the revised terms of this Agreement, and they are binding on you.
C. We may terminate this Agreement at any time for any reason subject to our discretion and without advance notice to you, and we may also terminate any or all of your Listing(s) for any reason without advance notice to you. We will inform you of such termination via your email address and/or via the Dashboard. Section 9 includes additional Terms regarding termination.
D. A Property Owner may be either an individual Property Owner acting on a consumer to consumer basis or operating through a Property Manager operating on a business to consumer basis. If you enter into a Rental Agreement with a Guest on a consumer to consumer basis, please be aware that consumer law may or may not apply in relation to your agreement with the Guest. Property Owners are solely responsible for determining whether or not they are operating as a consumer to consumer basis or a business to consumer, and for any representations they make to Guests with respect to their status.
E. LMVR has a zero-tolerance policy regarding acts of discrimination (including but not limited to race, ethnicity, religion, national origin, disability, sex, gender identity or sexual orientation, harassment, or violence), and we will remove any Guests and/or Property Owners from our Service who exhibit or promote such behavior. LMVR reserves the right to enforce this policy in its discretion on the basis that the safety of the Property or Property Owners and/or Guests is at risk. If LMVR is made aware of a possible discriminatory action, we will investigate to take appropriate action including termination of the bad actor from the Service and its use.
(i) What we do allow: (i) Property Owners setting rules or limitations of rental that are transparent and applicable to all Guests; (ii) Limitations or rules based on local law and the rules and regulations of home owners’ associations, if any; (iii) Statements made to enforce permissible and reasonable house rules, Rental Agreement, or other terms set by the Property Owner; and (iv) General or reasonable disagreements not based on any individual’s race, religion, sexual orientation, gender identity, or accessibility needs.
(ii) What we do NOT allow: (x) An act, statement, policy, or behavior that prohibits or limits an individual from enjoying the same benefits as everyone else; (y) Sub-standard service, veiled statements, or mistreatment of individuals based on their race, religion, sexual orientation, gender identity, or accessibility needs, and (z) Intimidation of an individual through verbal abuse, hostility, or threats. LMVR recognizes that certain jurisdictions allow or require some distinctions based on individual identities such as national origin, gender, marital status, or sexual orientation and will not require its users to violate local laws or take action that may result in legal liability.
F. You authorize us from time to time to collect and verify the information provided by You on the Registration Form or otherwise. We will use this information to perform due diligence, verify Your identity, verify Your ownership of the Property, verify You are not subject to trade sanctions, perform various fraud and risk reviews on You, and monitor the transactions through the Services to protect the integrity of our systems and business. You further authorize us (or an affiliate) to request a report on You from a consumer reporting agency. Any such consumer report will be requested and utilized in compliance with applicable law, including the Fair Credit Reporting Act. We may also ask you to provide Your Driver’s License, and we will require that you provide us with a valid credit card on file. We may also check your online reputation, including social media, and take any other reasonable means of investigating and verifying the credentials and reputation of each Property Owner. Each Property Owner acknowledges that failure to comply with any such request constitutes a breach of this Agreement. As permitted by applicable law, LMVR may obtain screens against public criminal records, sex offender registrations, and other government and third party databases. We may require you to provide to us proof of insurance regarding any and all Propert(ies) you list with us. Based upon these reviews, we will determine whether we are able to offer You the Services, and the manner in which we will settle payments in our sole discretion.
G. The Property Owner has the right to enter the premises of the Property at any time including during Guests stay to respond to a service call for repairs, to respond to altercations, to investigate disturbances, check occupancy, check for damage and check for pets. The Property Owner must inform the Guests that the Property Owner will be entering the Property prior to doing so.
2. YOUR USE OF THE SERVICE.
A. The Site and our Service is an online venue which allows Property Owners to list one or more Properties available for rent to Guests with different pricing formats. We may also offer other online tools or services to allow Property Owners and Guests to communicate with each other and to enter into Rental Agreements or other transactions with each other. User verification on the internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity.
B. The Site and our Service is also an online venue for Users to interact with each other. A Property Owner is not obligated to prepare a Rental Agreement with the Guest. If there is a Rental Agreements, they are signed only between the Guest and the Property Owner. LMVR is not, and does not become, party to any such contractual relationship with the Guest and the Property Owner. You acknowledge and agree that the Guest and the Property Owner will be responsible for performing the obligations of any such agreements, that LMVR is not a party to such agreements, and that this is true even if the use of our Service (including any other tools, services or products) facilitates booking a Property. For clarity, LMVR is not a party to any Rental Agreement, or other agreement between Guests and the Property Owner, and the Property Owner is not considered LMVR's service provider, employee, agent, or joint venture partner
C. To enroll to use our Services, you must create an account and pay applicable Account Registration Fee. To create an account, you must be at least 24 years of age and follow the account creation instructions provided through our Service. You will be asked to complete a Registration Form and provide information including a valid credit card and information about your bank account so that LMVR may send monies owned to you under this Agreement via ACH to your bank account. For information on how to delete your account, sign into your account on our Service and follow the applicable account deletion process. By accessing and using our Service and Site, you agree to this Agreement, the LMVR Rental Policies, the Privacy Policy and all other policies related to the Service.
D. Upon account registration, a Property Owner is given a user profile in which the data the Property Owner contributes is recorded and in which all the Properties offered by that Property Owner are specified (the "Dashboard"). The Dashboard provides various functions which are intended to assist Property Owners to manage their Properties through our Service; these functions, and the Dashboard itself, are made available on an "as is" basis, and LMVR does not warrant that the Dashboard or its functions will be complete or error-free or without issue. From time to time, LMVR may recommend that you utilize certain services, tools or other features available via the Service or the Dashboard to improve Guest experience. Such recommendations and feedback are provided on an “as is” basis and by using our Service, you hereby agree to consider such recommendations and feedback.
E. If you have engaged the services of a Property Manager, you hereby represent and warrant that said Property Manager (a) has the authority to act on your behalf with respect to your Property and the use of our Service, (ii) the Property Manager will have access to your LMVR Account and may create Property Listings, create Rental Agreements and rental policies on your behalf, (iii) in all other ways can interact with us and the Service as if the Property Manager was the Property Owner. In addition, you hereby authorize us to distribute (pay to ) the Property Manager all amounts owned to or payable to you under this Agreement, and such payment to the Property Manager shall relieve us of any obligation to pay any amount to the Property Owner. We shall have no liability and Property Owner hereby waives the right to bring a cause of action against us for any reason for remitting monies to the Property Manager.
F. Our Service allows you the opportunity to create your own rental policies. In the event you do not create your own Rental Agreement and/or rental policies on a specific topic, you hereby agree to follow the LMVR Rental Policies that relate to a specific topic. You are responsible to read and accept the LMVR Rental Policies at the time you create your account and you are charged with knowledge of such LMVR Rental Policies. In the event of a conflict between your expressly stated policies in the Property Listing or in the Rental Agreement, and the LMVR Rental Policies, your expressly stated policy will control the issue, except as to any terms or provisions affecting LMVR’s authority or compensation, which will be governed by the LMVR Rental Policies and this Agreement. The Property Owner is solely responsible to enforce the terms of the Rental Agreement and any other agreement with the Guest, any rental policies, and the LMVR Rental Policies; LMVR shall have no obligation, nor shall it undertake to enforce any of the Property Owner’s Rental Agreements or rental policies or the LMVR Rental Policies as against the Guest.
G. It is up to You to familiarize yourself with the Property Owner “Dashboard” and all features of the Service. LMVR will make commercially reasonable efforts to assist Property Owners new to the system with their first 2 Property Listings, if needed, and LMVR is generally available to answer Your questions about particular issues. If You make multiple or repeated requests for help on issues that have already been addressed, or if the number of requests for help is excessive or abusive, LMVR reserves the right to refuse to provide a Property Owner with assistance; in such case, LMVR shall have no liability for any lost profits or economic damages or other damages or losses incurred by the Property Owner as a result of LMVR’s refusal to assist a Property Owner with the Service.
H. Messages sent via our Service should only relate to genuine booking inquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse our Service, such as by sending unsolicited commercial communications (spam) or disclosing personal information of Guests to a third party, unless you have the express permission from the Guest. You agree that you will protect other Guests' personal information in accordance with applicable laws and regulations and in any event, using a reasonable standard of care, and you assume all liability for the misuse, loss, or unauthorized transfer of such information. Property Owners and Guests are solely responsible for the content of their communications with each other.
I. Responsibility for applicable laws, rules and regulations. Property Owners agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of our Service, their use of any tool, service or product offered on our Service and any transaction they enter into either on our Service or in connection with their use of our Service. Property Owner further agrees they are responsible for and agree to abide by all laws, rules and regulations applicable to the Listing of their Property and the conduct of their business, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, credit cards, data security, data and privacy, permits, planning or license requirements, nuisance, local authority requirements, health and safety compliance and compliance with all antidiscrimination and housing laws, lease or other property restrictions as applicable. Please be aware that even though we are not a party to any rental transaction and, to the extent permitted by law, we assume no liability for legal or regulatory compliance pertaining to listing or renting any Property on our Service, there may be circumstances where we are nevertheless obligated or required to provide information relating to any Listing in order to comply with governmental and/or regulatory bodies in relation to investigations, litigation or administrative proceedings. You also agree to all of the LMVR Rental Policies.
J. Property Owners are permitted to download, display or print individual pages of the Service to evidence their agreement with LMVR. Our affiliate owns the trademarks and registered trademarks LMVR, LastMinuteVacationRentals.com, and Last Minute Vacation Rentals, among others ("our Trademarks"). Property Owners may not use or register our Trademarks or any confusingly similar trademark, name, or identifier in any way whatsoever except as permitted in this Agreement, without the express written permission of LMVR. Property Owners may not use our Trademarks or the names or trademarks used by our affiliates, or any regional variants or confusingly similar terms (the "Protected Terms") in any way whatsoever, may not bid on such Protected Terms for preferential placement in any pay for placement ad program or cost per click search engine, and will not use any Protected Terms as part of any trademarks or domain names or in keyword meta tags without the express written permission of LMVR.
K. If you sign up as a Property Owner on our Service, you will receive our marketing mail communications, which is an integral part of our Service. We may offer different newsletters from time to time intended to enhance our Service. Property Owners have the choice whether or not to receive marketing email communications from LMVR, and you may cancel your subscription to these email newsletters at any time through the Dashboard although it may take a short while for the changes in preferences to become effective.
L. To the extent that Content may contain trademarks or other proprietary names or marks, Property Owner undertakes that it has obtained all requisite legal permissions and rights for LMVR's use of such content on our Service (including on the Site). In the event LMVR receives any complaint that Property Owner is infringing any third party copyright or other rights, Property Owner will upon notice remove such infringing content unless it establishes that it has the right to use such content. To the extent that a Property Owner’s Listings and other submissions may contain trademarks, Property Owner warrants that they have the right to use them, including sublicensing rights. Property Owner agrees to release, defend, indemnify, and us, and our affiliates, and the respective officers, directors, manager, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to claims that Property Owner’s Content infringes any third party rights or violates any of the foregoing.
M. By submitting Content to our Service, Property Owner, although retaining all their ownership rights in the Content, hereby grants LMVR non-exclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) right and license in Property Owner’s intellectual property rights, including but not limited to copyright, trademark rights in the Content. Such license rights include, but is not limited to, the right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display and perform all Content posted or submitted by Property Owner to our Service throughout the world for any purpose in any media or form now known or hereafter devised; and to use Property Owner’s name in connection with any such Content.
N. We encourage Property Owners and Guests to communicate directly with each other through the tools available on our Service, though even this does not assure you of the identity of the person with which you are communicating. We further require you to take other reasonable measures to assure yourself of the other person's identity. You agree to (i) keep your password and online ID for both your LMVR Account and your email account secure and strictly confidential, providing it only to authorized users of your LMVR Account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your LMVR Account or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your LMVR Account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request. We discourage you from giving anyone access to your online ID and password for your LMVR Account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to safeguard such information, you are responsible for any and all transactions that the person performs while using your LMVR Account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
O. LMVR is a participant in affiliate advertising programs designed to provide a means for LMVR Services to earn advertising fees by advertising and linking to third party retail sites. Property Owner shall not be entitled to object to any said affiliate or advertising programs or to receive any portion of any revenue generated therefrom.
P. LMVR may allow a third party(ies) to offer trip and damage insurance products to the Guests. LMVR is not the insurer or provider of said insurance products but may earn a referral fee from the sale of such products. LMVR is not the beneficiary of any of the insurance products and the Property Owner shall look solely to the insurer for covered losses or to the Guest for losses incurred by Property Owner as a result of a Guests’ stay at the Property. LMVR shall have no liability for any loss caused by any Guest, person, animal, act, or event.
Q. From time to time, you may submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. If you want to send us your suggestions or feedback, we simply request that you send it to us using the email, Suggestions. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. If you provide any submissions to us, you agree that: (i) your submission and its contents will automatically become the property of LMVR, without any compensation to you, (ii) LMVR and our affiliates may use or redistribute any such submission and its contents for any purpose and in any way, (iii) there is no obligation for LMVR to review any submission, and (iv) there is no obligation to keep any submission confidential. We are under no obligation to review or consider your submissions. Please provide only specific feedback about our Site and our Service. Keep in mind that we assume no obligation to keep any submissions or Feedback you provide confidential, and we reserve the right to use or disclose such information in any manner.
3. PROPERTY LISTINGS.
A. In order to create a Listing, Property Owners must comply with the practices described in this Section (and any other requirements in this Agreement or that have been notified to Property Owner by LMVR from time to time on reasonable notice), and pay the Property Registration Fee. Property Owners may be required to submit proof of ownership (such as a Title or Deed) to each Property listed. Property Owners shall also promptly update any Listing if any of the Property amenities change.
B. Property Owners must comply with our Listing and Content Guidelines. In a Listing, one (1) Property is displayed. In a Listing, photos of a Property may be displayed. A cut-down version of the Listing is shown on the Site on a given search page, in the form of a thumbnail with a picture of the Property, linked to the full-page Listing.
C. LMVR requires all Property Owners to verify the location of their Listing on the Dashboard. This includes leveraging information from Google Maps to appropriately place the Listing’s location on a map and in regional searches. Property Owner accepts that Google Maps is provided under Google's terms and conditions and LMVR will not be responsible for the functioning, accuracy or otherwise of Google Maps. Property Owner acknowledges and accepts that Google Maps' service is not error free and Property Owner will ensure that the correct location of the Property is shown by Google Maps when using this service. The exact address of the Property will not be displayed in the Listing – only the general area. The address will be provided to a Guest on the day of arrival after the final payment by the Guest has been made.
D. Property Owner commits to provide only accurate and up to date information in each Listing (including the description, rates, taxes and other policies), and shall not impose different conditions on the Guest than those set out in the Listing, and in the Rental Agreement, if any.
E. You must include all fees and charges in your Listing, including those contained in your Rental Agreement, if any. You may not collect any fees or charges not included in your Listing or collect any fees or charges outside our Service. You are responsible for ensuring that all such fees and charges are input into the appropriate fields within our Service. You will ensure that the terms and conditions applicable to bookings of your Property by Guests are clearly disclosed in your Listing. Any terms, policies or conditions that you include in any Rental Agreements with Guests must: (i) be consistent with this Agreement and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
F. A Property Owner may offer discounts and promotions but they must be a part of each Property Listing and all terms and conditions must be disclosed. LMVR shall have no liability for any aspect of any deal, promotion or discount program offered by the Property Owner.
G. You are responsible for closely checking the amenities for each Property Listing to make sure the Property contains only the amenities that are available on the Property. A Guest will have recourse against a Property Owner for an amenity that is not included on the Property. If an amenity is listed but is not available on the Property, the terms of Section 6(C) shall apply.
H. Property Owner may not substitute a Property in a Listing for another Property without the prior consent of LMVR. Additionally, prohibited substitution activities include: (i) One single listing for multi-properties: use of one Listing to promote more than one property available in a building; (ii) changing the Property which is displayed in a Listing as that Property becomes booked; and(iii) Bait & Switch: offering a Guest who inquires through the Site a different property than the one which is displayed in the relevant Listing.
I. Property Owner undertakes to ensure that the information on the Listing is kept accurate and up-to date for the entire time the Listing remains on the Service (including the Site). The Property Owner shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information.
J. The Property Owner is responsible for ensuring that your Listings do not infringe the law or the rights of any person or entity. Listings must not contain false information, personal insults, anything libelous, slanderous or defamatory, or anything that infringes copyright or data protection law.
K. Property Owner represents and warrants that Listing their Property(ies) will not breach any agreements currently with third parties (i.e., owner's landlord, homeowners association, etc.) and agrees to comply at all times with (i) all local zoning laws, taxes, registrations, licenses and permits related to the Listing and (ii) all applicable laws with respect to Taxes.
L. Online bookings and online payments are required for all Listings. Property Owner commits to managing communications, inquiries and all bookings through our Service and LMVR's tools. Offline bookings are prohibited by and subject to Section 4(H) -LMVR’s Offline Booking Policy.
M. If LMVR becomes aware that the information provided by Property Owner is inaccurate, incomplete or out of date, LMVR will request that Property Owner remedy this situation without delay. If Property Owner fails to correct or complete the information in the required timeframe, LMVR shall have the right to change the Property Listing to reflect the correct information or to include the applicable Taxes in accordance with Section 5(L), or LMVR may suspend the provision of our Service to you, suspend (or cause the applicable third-party service provider to suspend) payments to you, delete a Listing, or terminate your Account, and/or take any other actions available to it at law until our request has been completed in full.
N. Property Owner warrants and represents on an ongoing basis for so long as any Property is listed on our Service (i) it owns and/or has all necessary rights and authority to offer for rent and to proceed to take bookings for the Property listed by Property Owner, (ii) if applicable, it will not wrongfully retain a rental deposit in breach of the underlying Rental Agreement with the Guest, (iii) that all of the information provided to LMVR is accurate and up-to-date, including, but not limited to any and all representations about any Property, its amenities, location, price, and its availability for a specific date or range of dates, (iv) each Listing relates to an individual and uniquely identified Property which is not a shared space, (v) it will not wrongfully deny any Guest access to any Property, and (vi) it will provide any and all refunds when due in accordance with the applicable cancellation policy or underlying Rental Agreement except to the extent it relates to Taxes previously collected by LMVR.
O. LMVR cannot guarantee that any Listing will appear or that such Listing will appear in any specific order in search results on the Service. Search order will fluctuate automatically based on the system implemented by LMVR’s booking software and depends on filters used by Guests.
P. LMVR reserves the right to decline to place any Listing, in LMVR’s sole discretion or in which a Listing is capable of violating, or being associated with the violation of, any provision of this Agreement.
Q. Listings will be displayed on the Site indefinitely; however, LMVR reserves the right to remove or refuse to publish any Listing at any time, subject to this Agreement. A Property Owner can also suspend or remove their Listing at any time, through the Dashboard.
R. A Property Listing shall not contain an advertising in any Photos or in any text such as in a Property Photo with a “For Sale” or realty sign or Property Management sign in the Photo.
4. ADDITIONAL OBLIGATIONS OF PROPERTY OWNER.
A. Property Owner shall submit accurate and truthful information about his/her personal identity, billing address, payment data, tax registration status and applicable account numbers, Property offered in Listings and other communications using our Service. In addition, Property Owner undertakes the responsibility to ensure the above information is complete, kept accurate and up-to-date the entire time any Listing remains on the Site and to promptly and proactively update such whenever necessary. Before using our Service (including the Site), you (a) commit to providing LMVR with any data that may be requested by LMVR pursuant to enforceable laws and (b) agree to promptly provide LMVR with any supporting documents that may be requested for the purpose of complying with applicable laws or to allow validation of the information you provided. You agree to cooperate with LMVR in good faith to meet your and our shared compliance obligations.
B. Property Owner shall clean and maintain the Property after each booking. The Property must be in “good condition” prior to the arrival of all Guests for all bookings. “Good condition” means that the Property must be dust-free, all cabinets, counters, flat surfaces, sinks, showers, toilets and appliances are wiped down and free of dirt, grime, food, gels, and lotions and are sanitized, all furniture is wiped clean of dust and grime, ceilings and walls are free from cobwebs, dirt and bugs, all baseboards are dusted or wiped down, carpets and rugs are stain free and vacuumed, curtains, blinds and window coverings are dusted and stain-free, hard surface floors are mopped or steam cleaned, dishes, pots and pans and grills are clean and stored, linens and towels are laundered without stains or tears, beds are made, all appliances and electronics are in working order, trash is removed from the Property, the outside is clean and tidy, excess leaves or organic materials are removed, hot tubs and pools are clean and chemically treated, and the inside is odor free.
C. Property Owner shall be available all day on the day a Guest is to check in and shall be available during the duration of a Guest’s stay. The Property Owner shall answer any questions a Guest may have about the Property, including but not limited to (i) timeframe and plan for addressing problems with key amenities e.g., internet, utilities, safety/security, or accessibility concerns, (ii) health and safety information, and property security details e.g., smoke detector concerns, door locks, and surveillance devices, (iii) accessibility information, e.g., regarding stairs or uneven paving around the property, (iv) specific instructions regarding service animals, if any, or pets. We recommend providing all critical information to a Guest before their stay. Responding promptly to Guest questions on critical stay information is essential to ensuring a high-quality Guest experience. On the Guest’s check-in day and during their stay, the Property Owner shall answer within one hour for messages received between 8 AM and 9 PM in the Property’s time zone. For messages received outside of these hours, answer as soon as reasonably possible and by 9 AM the following day at the latest; provided, however, if the issue concerns lack of running water, no heat or problems with HVAC, or no electricity or sewer/ septic tank problems, or concerns an accident or safety hazard (“Critical Issues”), the Property Owner is expected to answer any calls or communications from the Guest promptly, not to exceed 30 minutes. Note: You must provide a resolution to the specific issue/question or inform the Guest when it will be resolved. Using an “automatic reply” is not acceptable. If you do not respond to the Guest or provide check-in and access information to a Guest or provide a repair or solution to critical issues, in accordance with this Section, LMVR, in the exercise of its sole discretion, may cancel the booking, refund the Guest, and/or help the Guest find somewhere else to stay. If we cancel a booking because you didn’t provide Critical Issue information or resolution per the above, you will be liable to pay the Cancellation Fee.
D. You must maintain an accurate reservation calendar regarding your Listing(s). You must respond to and accept a material number of inquiries and booking requests received in the interest of the Guest experience. You are prohibited from cancelling a material number of accepted bookings. You must ensure that the calendar for each Listing is kept accurate and up to date to reflect the availability of the relevant Property as it is booked and that the description, rates, taxes, and cancellation policy are kept accurate and up to date and no other conditions, rates, taxes or cancellation policies are imposed on the Guest other than those set out in the Listing.
E. Property Owners are solely responsible for obtaining comprehensive general liability and damage insurance coverage sufficient to protect their Properties and Guests, in minimum coverage amounts as may be required by applicable law. In addition, You agree that you have or will obtain the appropriate insurance coverage that applies to Properties being used as rental units for so long as the Property is Listed on our Service.
F. Property Owner will be held solely and exclusively responsible for all the financial consequences resulting from damage to LMVR due to Content or any program transmitted or sent by Property Owner that results in any damage to the hardware or software of LMVR, including damaging our Service, the Site, system or data or by causing the failure of our Service, the Site, or any other system or faults therein. The financial consequences mentioned above include reasonable legal fees.
G. You agree not to disclose any Confidential Information that we disclose or otherwise make available to you and that all Confidential Information will remain strictly confidential and will not be disclosed to any third party or used, directly or indirectly, by you for any purpose other than to consume our Service and to list Properties on the Site, except and solely to the extent that any such information is generally known or available to the public (other than due to an unauthorized disclosure by you) or if the same is required by law or legal process (provided, that prior to such required disclosure, you must seek the highest level of protection available and provide us with reasonable advance notice). The term “Confidential Information” consists of any confidential non-public information, including, without limitation, our business and financial information, pricing and sales information. You acknowledge and agree that “Confidential Information” will also include any information that we designate as confidential or that a reasonable person would consider to be confidential. All Confidential Information will remain our exclusive property.
H. Offline Booking Prohibited. Offline booking is prohibited. Offline booking can happen during pre-booking communication such as after a Guest finds a Property Listing on LMVR, you intentionally tell the Guest (or the Guest intentionally asks) to book or pay through you directly instead of using LMVR to avoid paying LMVR compensation due under this Agreement and due from the Guest under the Guest Agreement. LMVR does not allow offering, incentivizing, or directing Guests to accept bookings outside the LMVR Service. These efforts to avoid paying LMVR compensation are a may result in penalties, including termination. If LMVR determines an offline booking occurred, you may be required to pay LMVR’s Listing Fee and a penalty or fine. The following behaviors are not allowed: (i) contacting potential Guests before booking to encourage, request, or incentivize them to book or pay outside of LMVR; (ii) asking Guests to communicate via platforms or services outside of LMVR before accepting a booking (such as through email or text). Note: Post-booking communication is allowed and encouraged until otherwise advised; (iii) redirecting Guests off LMVR through links or embedded buttons in communications; (iv) cancelling an existing full or partial reservation to book outside of LMVR; (v) changing or presenting the reservation, payment schedule, or pricing in bad faith to avoid mandatory LMVR Listing Fee. If a Guest needs to cancel and rebook, they should cancel the reservation from within LMVR and rebook through LMVR. Rebooking directly with you outside of LMVR is an offline booking and will subject you to a charge equal to the LMVR Listing Fee and a $1,000 penalty, and you will be subject to the provisions of Section 11 regarding Termination.
I. SECURITY CAMERAS. The Property Owner may not have security cameras inside the Property. Any cameras mounted outside should be listed in the Property Listing. If a Guest sees an indoor security camera, or if there are exterior security cameras not identified in the Property Listing, the Property Owner agrees to pay LMVR and be charged a $1,000 penalty and LMVR may avail itself of any other remedies such as suspension or termination of the Property Owner.
5. RENTAL FEES, DAMAGE DEPOSIT, PROPERTY REGISTRATION AND LISTING FEES, TAXES, AND PAYMENT SERVICES.
A. Rental Fee. Your Property Listing must include a charge for each night stayed at the Property (rate is based on the number of nights, not days), multiplied by the number of nights that a Guest is staying at the Property. Your Property Listing may include a minimum “night” stay requirement. You may also charge additional fees such as pet fees or cleaning fees. Any changes you make to the Rental Fees for a particular Property will not affect bookings already accepted. A description of the applicable Rental Fees that apply to each Listing MUST be displayed under the "Property" tab on the Service for each Property. It is the Property Owner’s duty to accurately breakdown the different amounts charged to the Guests, including without limitation, the nightly rate and any and all additional fees and charges, and a Refundable or Non-Refundable Damage Deposit, if any, or the Guest’s obligation to provide damage insurance, if any.
B. Damage Deposit. At the time of booking, you may request one of the following from the Guest regarding damage: (i) an upfront Refundable Damage Deposit; or (ii) an upfront, Non-Refundable Damage Deposit, or (iii) require that the Guest purchase property damage insurance to cover potential damage at the Property. The amount of the Refundable or Non-Refundable Damage Deposit and the amount of the damage insurance coverage is determined by the Property Owner and must be included in the terms of the Property Listing and in the Rental Agreement, if any, with the Guest. The amount of the Damage Deposit is included in the definition of Rental Fee. If the Property Owner requires a damage insurance policy, Proof of Insurance must be provided to the Property Owner by the Guest before the booking will be made. If the Property Owner does not respond to LMVR within 24 hours, it will be deemed approved and the reservation will be booked. The Guest will provide the Proof of Insurance to LMVR and LMVR will forward it to the Property Owner for approval. The Property Owner shall approve or not the Proof of Insurance and coverage within 24 hours after receipt and so inform LMVR of their decision. If yes, the booking is confirmed. If no, then LMVR goes back to the Guest to fix the problem and the process begins again.
C. Property Registration Fee. For each Property Listed with the Service, the Property Owner will pay a Property Registration Fee for each listed Property
D. Listing Fee. Property Owner will pay a Listing Fee to LMVR in an amount equal to 5% of the total Rental Fee on every booking sourced through our Service (the "Listing Fee"). Calculation of the Listing Fee will not include amounts charged to the Guest for Taxes. LMVR reserves the right to change the Listing Fee percentage, with any changes to be notified to Property Owner at least 30 days before the new Listing Fee percentage is applied. The new Listing Fee will be deemed accepted if Property Owner does not remove their Property Listing(s) by the time the new Listing Fee is applied. For the avoidance of doubt, if Property Owner collects any fees and charges for a booking from a Guest outside of our Service and fails to pay the Listing Fee owed to LMVR or if Property Owner facilitates the collection of any fees and charges for a booking outside of our Service to avoid payment of the Listing Fee, such action will constitute a breach of this Agreement and in addition to any other rights and remedies available to LMVR hereunder, Property Owner will owe and pay to LMVR the Listing Fee together with an additional penalty in the amount of $1,000. The Listing Fee is refundable to Property Owner under certain situations, as set forth in this Agreement.
E. Down Payment and Final Payment Charged to Guest. At the time the Property is booked by the Guest, on Your behalf, we will charge the Guest’s major credit card a down payment equal to 50% of the Rental Fee (including any required Damage Deposit and additional fees) and 50% of the amount of the Taxes. The final payment will be scheduled to automatically post on the day the Guest is scheduled to arrive at the Property and the receipt of the final payment will generate an “Arrival Email” sent by LMVR to the Guest. The Arrival Email will include your name, your telephone number where you can be reached during the Guests’ stay, the Property address, GPS location (Google maps), and the key code to access the locks or the lock-box containing the key.
F. Collection of Rental Fee and other amounts owed by the Guests to the Property Owner. During the term of this Agreement, You authorize LMVR, through the third-party service providers, to (i) collect all amounts owed by the Guest to the Property Owner for each booking, including without limitation, the Rental Fee, Taxes, and any other fees or charges owed by the Guest pursuant to the Property Listing and the LMVR Rental Policies. If there are additional fees outlined in a Rental Agreement, but not included in the Property Listing, LMVR shall have no obligation to collect said fees or costs from the Guests.
G. Collection of Fees Owed by Property Owner to LMVR; Right of Set-Off. During the term of this Agreement, You authorize LMVR, through the third party service providers, to collect all fees owned to LMVR, including without limitation, the Listing Fee, Property Registration Fee, or any other fee or penalty a Property Owner is required to pay hereunder, by (i) charging your credit card on file with us, (ii) debiting any amounts owned to LMVR from your bank account (see “Authorization for Debits and Credits” below, or (iii) to set-off any amounts You own to LMVR from the Rental Fee or other charges and fees we collect on your behalf from the Guest, or (iv) set-off any amounts You owe to LMVR from the Rental Fees or other charges and fees we collect on your behalf from any and all other Properties you have listed with the Service.
H. Authorization for Debits and Credits You represent that you have the right to authorize and hereby authorize us or a third party service provider working with us to access Your bank account designated on the Registration Form for the following purposes: (i) to deposit applicable payment amounts due to You or to otherwise credit amounts to you; (ii) to debit any amounts owed to us in accordance with this Agreement including any of our fees or penalties, “Chargebacks” (defined below) or “Reversals” (defined below); and (iii) to debit any amounts owed to Guests in accordance with this Agreement. If we are unable to debit such bank account You select for any reason, You authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that You have on file with us. If the non-payment issue is unresolved within a reasonable period, You will be required to make payment using another acceptable payment method.
I. Chargebacks and Reversals. Any Payment by a Guest is subject to a right of (i) “Reversal” (the right of a bank account owner to seek the return funds for a transaction that was funded by a bank account – sometimes referred to as an ACH Return – for example, as a result of suspected unauthorized use of a bank account or insufficient funds), or (ii) “Chargeback” (the right of credit cardholders to file a claim for a refund with their card issuer, for example, as a result of fraud or dissatisfaction with a purchase). These rights exist between the Guest and their respective bank or credit card issuer. You acknowledge and agree that You are responsible for any Chargeback or Reversal of a Payment, plus the applicable Chargeback and Reversal fees, regardless of the reason for the Chargeback or Reversal and that we will not have any obligation to pursue any collection action against any Guest. In the event of a chargeback or reversal of any Payment by a Guest, we will have the right to automatically exercise our rights outlined in Sections 5(F) and 5(G) or to debit your bank account via ACH. Thereafter, contingent on receiving all requested information from You, we will use commercially reasonable efforts to investigate the validity of the chargeback or reversal. You agree to cooperate with us and to provide any information that may be reasonably requested by us in our investigation. You acknowledge that chargeback and reversal decisions are made by the applicable bank or credit card issuer and all judgments as to the validity of the chargeback or reversal is made at the sole discretion of the applicable bank or credit card issuer.
J. Payments from Guests. You acknowledge and agree that: (i) Your Property bookings are transactions solely between You and the relevant Guest and not with us or any of our affiliates; (ii) Payments from Guests collected by us extinguish any corresponding debt the Guests might owe to You; (iii) we will not be responsible for, and do not control, if a Guest will make any Payment; (iv) our obligation to pay You is conditional upon successfully receiving associated Rental Fees from Guests; (v) we are not a bank or other chartered depository institution; and (vi) funds processed by us or our service providers (including any bank service providers) in connection with the collection of Payments from Guests are not deposit obligations and are not insured for Your benefit by any governmental agency and you will not earn interest on any such funds.
K. Our Role. Except for our limited role in processing payments that You authorize or initiate, we are not involved in any underlying transaction between You and Your Guests. For the avoidance of doubt, we are not providing or reselling any accommodation or any accommodation related expenses or services. We assume no liability for Your acts or omissions or for the acts or omissions of the Guests.
L. Processing Errors. If there is a rejection or an error in the processing of any transaction, You authorize us or a third-party service provider working on our behalf to debit or credit Your bank account designated on the Registration Form, as applicable, to correct such error.
M. Taxes. You understand that any appropriate governmental agency, department and/or authority (“Tax Authority”) where your Listing is located may require certain taxes to be collected from Guests or from you related to such Listing, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Rental Fees, or a set amount per day, or an amount based on number of guests, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Taxes”). You hereby authorize LMVR to collect from the Guests any Taxes that may be due.
(i) As a Property Owner you are solely responsible, unless applicable governmental regulations state otherwise, for (a) determining and complying with your obligations to report, collect, and remit any applicable Taxes, including all applicable Taxes in your Listing, (b) ensuring that the Tax information associated with your Listing remains accurate at all times, and (c) accounting to the relevant tax authorities for any Taxes applicable to any amounts received by you for any LMVR bookings and/or in consideration for the services you provide Guests. Additionally, you will provide LMVR with all information reasonably requested by LMVR with respect to Taxes, including tax identification numbers and/or registration numbers (as applicable).
(ii) Either through our Service or through a separate program or website, LMVR will calculate the applicable Taxes for your Property. It is the Property Owner’s sole responsibility to confirm that the amount of Taxes calculated and collected by LMVR is correct. If there is a discrepancy between the type and amount of Taxes LMVR determines it must collect from the Guest and the amount the Property Owner believes it must collect from the Guest, the larger amount shall prevail and shall be included in the Property Listing.
(iii) You are responsible for determining the amount and applicability of any and all Taxes. You also are responsible for remitting and reporting correct Taxes to the appropriate authority. If requested by us, You will promptly provide valid Tax invoices in respect of any transactions entered into under this Agreement, where Taxes are chargeable under applicable law. If you are entitled to an exemption from Taxes on the Listing Fee, you must provide LMVR with required documentation and support for such exemption.
(iv) Through our Service, we may provide You a means for You to determine and apply Taxes to Your transactions, but we are not obligated to determine whether Taxes apply and are not responsible for calculating, collecting, reporting, or remitting any taxes to any applicable authority arising from any transaction.
(v) We may be required to report any Payments to national, state, and/or local tax authorities, including the US Internal Revenue Service and other tax authorities. We are not responsible for and are not the entity owing the Taxes with respect to Guest payments.
(vi) You will promptly provide us with information and/or documentation as may be required by the applicable governmental entity in order for us to process payments hereunder (including, without limitation, a valid certificate of Your exemption from obligation to pay taxes as authorized by the appropriate governmental entity), and we may withhold any Guest Payments, or portion thereof, until You have provided the required documentation.
(vii) Property Owners acknowledge and agree that LMVR will facilitate collection of Taxes and will remit those Taxes to you so that you may remit to the Taxing Authority, and nothing contained in this Agreement is a representation or guarantee that LMVR will facilitate remittance of Taxes to a Tax Authority anywhere at all, including in any specific jurisdiction, or that LMVR will or continue to facilitate remittance of Taxes in any specific jurisdiction in which it may have been offered. If we only collect Taxes, our only obligation will be to remit those Taxes to you. Where LMVR is facilitating collecting Taxes for a jurisdiction, you are not permitted to collect any Taxes being collected by LMVR relating to your Listings in that jurisdiction.
(viii) Notwithstanding the foregoing, In certain jurisdictions, LMVR may decide in its sole discretion to facilitate collection and remittance of Taxes on behalf of a Property Owner, in accordance with this Agreement (“Collection and/or Remittance”) if such jurisdiction asserts LMVR has a Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and/or Remittance, you hereby instruct and authorize LMVR to collect Taxes from Guests on your behalf at the time the online payment is made by the Guest and remit such Taxes to the Tax Authority. Taxes collected by LMVR will be visible to and separately stated to both Property Owners and Guests on their respective transaction documents. When LMVR facilitates Collection and Remittance of Taxes in a jurisdiction for the first time, LMVR will provide notice to existing Property Owners with Listings in such jurisdictions. LMVR will charge a Tax Remittance Fee if it is obligated to account and remit to the appropriate governmental authorities.
(viii) You agree that any claim or cause of action relating to LMVR's facilitation of Collection and/or Remittance of Taxes shall not extend to any supplier or vendor that may be used by LMVR in connection with facilitation of Collection and/or Remittance, if any. You agree that we may seek additional amounts from you if the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority and agree that your sole remedy for Taxes collected is a refund of Taxes collected by LMVR from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
(ix) You expressly release LMVR, waive any right to bring an action against LMVR and agree not to do so, and you shall defend, indemnify, and hold each member of LMVR and our affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Taxes, including, without limitation, the applicability of, calculation, Collection, or remittance and reporting of Taxes in any amount or at all as to your transactions. For any jurisdiction in which we facilitate Collection and/or Remittance and without prejudice to any other right of LMVR hereunder, you grant us permission, without further notice, to store, transfer and disclose data and other information relating to you or to your transactions, bookings, Listings and Taxes, including, but not limited to, information such as your name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Guests or allegedly due, contact information and similar information, to the relevant Tax Authority in order to comply with a valid request.
(x) LMVR reserves the right, with prior notice to any Property Owner, to cease the Collection and/or Remittance in any jurisdiction for any reason at which point each such Property Owner is once again solely responsible and liable for the collection and/or remittance of any and all Taxes that may apply to Listings in that jurisdiction. In any jurisdiction in which we have not provided notice of or are not facilitating (or are no longer facilitating) the collection or remittance of Taxes by Collection and/or Remittance, or any other means or method, in your jurisdiction, you remain solely responsible and liable for the collection and/or remittance of any and all Taxes that may apply to Listings.
(xi) Tax Withholding. On request, you will deliver to LMVR, prior to receipt of any payment hereunder, a completed and signed copy of IRS Form W-9, tax identification number, or other applicable documentary evidence satisfactory to LMVR to establish that you are not subject to withholding or are entitled to an exemption from, or reduction of, withholding tax, as applicable. You will promptly notify LMVR of any change in circumstances which would cause you to be subject to withholding or modify or render invalid any claimed exemption or reduction of withholding tax and take any action that may be necessary to avoid any requirement that LMVR make any deduction or withholding for taxes from amounts payable to you. If you fail to perform your obligations under this Section or we are otherwise required to withhold any amounts from you, then LMVR may deduct and withhold from any payment to you such amounts as it is required to withhold under applicable law. Where applicable, all amounts withheld pursuant to this Section will be treated as paid to you for purposes of this Agreement.
N. Provision of Information. You agree to provide us with all information and authorizations required by us or a third party service provider working on our behalf to access Your bank account designated on the Registration Form as necessary hereunder. You further agree to keep Your (i) bank account information accurate and up to date with us and (ii) banking authorizations granted to us accurate and up to date with Your bank. Failure to do so may result in Payment amounts being misdirected, held by us pending confirmation, or returned to the Guests. Notwithstanding anything to the contrary herein, You will not be entitled to relevant payment amounts under this Agreement unless and until You have provided us with accurate and up to date information as set forth in this Section. We disclaim all liability for misdirected or returned payments if Your information is not kept accurate. We may suspend or terminate this Agreement without notice if You fail to keep this information accurate or block or otherwise inhibit our ability to debit or credit Your bank account. In addition to such bank account information obligations, You shall provide us with such information as we may lawfully require in order to promptly and accurately perform the Services, including relevant tax forms. You shall promptly notify us of any and all inaccuracies in, or changes to, the information provided by You on the Registration Form. We shall in no event be liable for any damages directly or indirectly resulting from Your failure to comply with this Section. You warrant unconditionally that all information You provide to us is true, correct and up to date, and acknowledge that we are relying upon such information in establishing this Agreement and in providing the Services.
O. Payment to Property Owner. We will initiate the transfer to you of the Rental Fees less any fees unpaid by you which are owed (including without limitation the Property Registration Fee, Listing Fee any other fees, charges, or penalties you owe to us under this Agreement), and the Non-Refundable Damage Deposit and any portion of the Refundable Damage Deposit that you claim is owed to you from the Guest (pursuant to Section 6(E)), via ACH transfer to Your bank account on record, within 72 hours days after the Departure Date. If we are Collecting but not Remitting Taxes to the Tax Authority, we will also send you the amount of Taxes we have collected from the Guest. If we are Collecting and Remitting Taxes to the tax authority, you will not receive any amounts pertaining to Taxes we have collected. The time it takes for You to receive payments after they have been initiated may vary. In addition, for risk reasons, Your initial disbursement may be delayed by up to 30 days and, for fraud reasons, Your disbursement could be indefinitely delayed or cancelled.
6. CANCELLATION & REFUNDS; CHANGING A RESERVATION; DAMAGE DEPOSIT AND CLAIMS.
A. Guest Cancellation. A Guest may cancel a booking or reservation at any time. Unless you provide otherwise in your Rental Agreement, You agree that in the event a Guest cancels, the refund to the Guest is as follows is the stated percentage of the Rental Fees and Taxes as follows:
If cancellation is made 60 days or more from a Guests arrival date: 100% refund
If cancellation is made between 16-59 days before a Guests arrival date: 50% refund
If cancellation is made 15 days or under before a Guests arrival date: no refund.
If there is a 100% refund or a 50% refund, the Property Owner will not be charged to re-list the Property (no Listing Fee for next Listing of same Property).
(i) Extenuating Circumstances. In certain events, a Guest may cancel due to “Extenuating Circumstances”. Extenuating Circumstances includes death of a Guest, cancer or other life threating disease of a Guest. If a Guest claims a cancellation is due to Extenuating Circumstances, LMVR will determine in the exercise of its sole discretion whether or not said claim is true and, if it is, LMVR will refund to the Guest 100% of the paid Rental Fee (including the Damage Deposit) and 100% of paid Taxes. The Property Owner will not be charged to re-list the Property (no Listing Fee for next Listing of same Property)
B. Property Owner Cancellation. If the Property Owner must cancel an already booked Property reservation, you must call us immediately. LMVR will then email the Guest and inform the Guest of the cancellation. You authorize us to refund to the Guest 100% of the Rental Fee, 100% of the Taxes paid, the Guest Service Fee, and all Credit Card Charges. You authorize us to charge your bank account and/or credit card, (i) the amount of the paid Guest Service Fee, (ii) any unreimbursed Credit Card Fees, and (iii) the Owner Cancellation Fee. These fees are chargeable to you even if the Guest books another Property for the same period. The Listing Fee will not be waived by LMVR.
(i) Acts of God. If you cancel the reservation due to a natural disaster that makes the Property uninhabitable or not suitable for rental, such as damage from fire, tornado, hurricane, flooding, wind damage, or other natural disaster, you shall inform us immediately and provide proof of such damage. In such case, you authorize us to cancel the booking and refund to the Guest all amounts paid for the Rental Fee, Taxes, and Credit Card Fees. You authorize us to charge your bank account and/or credit card, (i) the amount of the Guest Service Fee and (ii) any unreimbursed Credit Card Fees. You will not be charged the Owner Cancellation Fee. These fees are chargeable to you even if the Guest books another Property for the same period. The Listing Fee will not be waived by LMVR.
C. Guest Cancellation for Property Issues. When a Guest provides prompt notice to us that your Property is not as described in the Listing, or if they were unable to access the Property, or they were unable to stay or complete their stay because of safety or other Critical Issues (see Section 4(C)) with your Property, the Guest must contact the Property Owner at the time of check-in. The Guest is also obliged to contact LMVR and describe the problems.
(i) If the Guest has not spent a night at the Property and wants to cancel the reservation and vacate the Property, and LMVR determines, in the exercise of our sole discretion, that the Property Owner is responsible, you agree and authorize us to refund to the Guest, 100% of the paid Rental Fee, 100% of the paid Taxes, the Guest Service Fee, and Credit Card Fees. You authorize us to charge your bank account and/or credit card, (i) the Guest Service Fee, (ii) any unreimbursed Credit Card Fees, and (iii) the Owner Cancellation Fee.
(ii) If the Guest decides to stay at the Property, because the Property Owner has agreed to resolve, replace or repair pursuant to Section 4(C), but said resolution, replacement or repair is not performed within 24 hours after the Guest’s arrival, and the Guest wants to cancel the remaining portion of the reservation, and LMVR determines, in the exercise of our sole discretion, that the Property Owner is responsible, you agree and authorize us to refund to the Guest, a pro-rated portion of the Rental Fee, Taxes, Credit Card Fees, and 100% of the Guest Service Fee. You authorize us to charge your bank account and/or credit card, (i) 100% of the Guest Service Fee, (ii) any unreimbursed credit card fees, and (iii) the Owner Cancellation Fee.
(iii) If the Guest decides to stay for the full term of the booked reservation even though said resolution, replacement or repair is not performed within 24 hours after the Guest’s arrival, the Guest has waived the right to make a claim for reimbursement.
D. Changing A Reservation.
(i) CHANGING A PROPERTY: If a Guest wants to change a booked reservation to a different Property, this is considered a “cancellation” and is subject to the policies on Cancellations.
(ii) In the event a Guest wants to change the reservation dates, decrease the number of nights booked, increase the number of nights booked or add a pet, the Guest must email LMVR at Guest Help. LMVR will contract the Property Owner. If not otherwise set out in a Rental Agreement, it is the Property Owner’s decision to agree to the change(s), or not, and to add any conditions or charge a fee for such changes. LMVR will communicate the decision along with any additional fees to the Guest, who may accept or not. If a Guest does not agree to the Property Owner’s terms for such changes, the reservation continues to be valid without change. If a Guest agrees to the Property Owner’s conditions and any additional fees, the Guest will promptly remit those fees to LMVR and they become a part of the “Rental Fees”. A Guest may add people to the reservation as long as the number of people does not exceed the occupancy limit set forth in the Property Listing. If the number of Guests exceeds the occupancy limit, the Property Owner may charge the Guest credit card on file an extra person fee in an amount not less than $200/night/person.
E. Damage Deposit Policy & Damage Claims. If a Guest, someone they invite, or a pet causes damage during a stay, or something is missing from the Property, or an appliance or electronic is no longer working, and the Guest has not informed the Property Owner and LMVR of the non-working appliance or electronics before the Guest has checked out, the Property Owner can claim reimbursement of the cost to fix, repair, or replace from the Guest. The Property Owner must notify LMVR and describe in reasonable detail, the damage on the Property caused by the Guests, within 48 hours after the Departure Date; otherwise, the Property Owner waives and forfeits the right to make a claim for damage against the Guest and waives and forfeits the right to use the Refundable Damage Deposit to repair or replace the damage.
(i) If the Property Owner has required the Guest to purchase a damage insurance policy, the Property Owner must ensure the policy covers the type of damages that may be expected on the Property. The Property Owner will look solely to the insurance policy for reimbursement of damages and LMVR is not a party nor has it any obligation to be involved with the insurance claim. If there is damage that exceeds the tendered amount under the insurance policy, the Property Owner and Guest shall solely work out the issue. LMVR is not a party to the insurance policy nor has it any obligation to be involved with any insurance claim or dispute between the Property Owner and a Guest.
(ii) If the Property Owner has required the Guest to deposit a Non-Refundable Damage Deposit, the Property Owner will retain said Non-Refundable Damage Deposit and if there is damage that exceeds the amount of the Damage Deposit, the Property Owner and Guest shall solely work out the issue. LMVR has no interest in the Non-Refundable Damage Deposit, has nothing to do with any damage to the Property and has no obligation to become involved in any dispute between the Property Owner and Guest about damage issues.
(iii) If the Property Owner has required the Guest to deposit a Refundable Damage Deposit, the Property Owner may use a portion or all of the Refundable Damage Deposit necessary to fix, repair or replace such damage. If there is damage that exceeds the amount of the Refundable Damage Deposit, the Property Owner and Guest shall solely work out the issue. LMVR has no interest in the Refundable Damage Deposit, has nothing to do with any damage to the Property and has no obligation to become involved in any dispute between the Property Owner and Guest about damage issues. Property Owner shall reimburse the Guest no later than 30 days after the damage has been fixed, in the event there remains monies in the Refundable Damage Deposit.
(iv) If the Property Owner does not notify LMVR about a possible damage claim to be made against the Refundable Damage Deposit within 48 hours after the Departure Date, the Property Owner waives and forfeits the right to make a claim for damage against the Guest and waives and forfeits the right to use the Refundable Damage Deposit to repair or replace the damage. LMVR shall not be liable to Property Owner or any other party for returning all or a portion of the Damage Deposit to the Guest in accordance with this Agreement.
7. RIGHTS AND OBLIGATIONS OF LMVR.
A. LMVR may change, suspend or discontinue any aspect of our Service at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability.
B. LMVR will endeavor to reproduce accurately on our Service any photographs supplied by a Property Owner. However, Property Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings and that LMVR shall have no responsibility or liability for any such deviation.
C. Property Owner authorizes LMVR to forward the Property Owner’s contact details, including telephone number, name and address, to Guests in connection with a Property booking when the Guest makes the final payment on arrival day. The information of the Property Owner will be conveyed to the Guest in the “Arrival Email” sent to the Guest after final payment has been made, on the morning of the arrival day. LMVR may where necessary (including to prevent fraudulent behavior of a third party and in the event of a complaint, claim or potential litigation) give a Property Owner’s contact details to a Guest.
D. We may disclose your personal information and associated records to enforce our policies, as necessary to satisfy our tax or other regulatory reporting requirements, including the remission of certain taxes in the course of processing payments, or where we are permitted (or believe in good faith that we are required) to do so by applicable law, such as in response to a subpoena or other legal request, in connection with actual or proposed litigation, or to protect and defend our property, people and other rights or interests.
E. We may from time to time provide or facilitate services to Property Owners to create or improve the quality of their Property Listings. We also may from time to time create new or otherwise change, the location or geographic descriptions we use to identify properties in Listings and search results. Consequently, we may change the location or geographic description associated with any Listing. However, we assume no responsibility to verify Listing content or the accuracy of the location of any Listing. Property Owners are solely responsible for ensuring the accuracy of information provided to LMVR, of Listing content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy. In any case, Property Owner will be liable for the addresses provided, which address will be used as the basis for calculating applicable taxes. In the event of inaccurate or incomplete addresses provided, Property Owner will be responsible for any additional taxes incurred by such Property Owner or any taxes, fines, penalties or other liabilities incurred or assessed against LMVR as a result of such inaccurate or incomplete information.
F. Our Service (including the Site) is owned by us. All content that appears on our Service is protected by copyright and other applicable intellectual property rights. To the maximum extent permitted by law, reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
8. NOTIFICATIONS OF INFRINGEMENT OF INTELLECTUAL PROPERTY – DMCA NOTICES. We respect the intellectual property rights of others and expects all Users to do the same. LMVR has and enforces a policy of not permitting Users to post any materials that infringe the copyrights or trademark rights of others, and we reserve the right to remove any Content for which it receives an infringement complaint. Under appropriate circumstances LMVR will terminate the account of a person or company who are repeat infringers. Please refer to our DMCA Policy if you believe someone is infringing on your copyrights and/or trademark on our Service or Site.
9. NO WARRANTY, “AS IS”, LMVR’S LIMITED LIABILITY.
B. IN NO EVENT WILL LMVR, OUR PARTNERS, ANY OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES OR ANY THIRD- PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON OUR SERVICE (INCLUDING THE SITE) OR ANY THIRD PARTY PAYMENT SERVICE PROVIDER (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, COMPENSATORY, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) OUR SERVICE, (C) THIS AGREEMENT, (D) ANY BREACH OF THIS AGREEMENT BY YOU OR A THIRD PARTY, (E) USE OF OUR SERVICE, TOOLS OR OTHER SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON OUR SERVICE, BY YOU OR ANY THIRD PARTY, (F) ANY USER-CONTRIBUTED CONTENT, (G) ANY PROPERTY(IES) THAT THE PROPERTY OWNERS MAKE AVAILABLE AND PROVIDE TO GUESTS FOR RENTAL, (H) THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES OR NEGLIGENCE OF ANY SUCH PROPERTY OWNER OR GUESTS; (I) ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE PROPERTY, THE GUESTS’ OCCUPANCY AND USE OF THE PROPERTY, OR FROM ANY ACTIONS OF THE GUESTS, (J) INTERACTION BETWEEN OUR SERVICE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SERVICE AND/OR (k) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, 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 (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
C. IN ALL EVENTS, OUR LIABILITY AND THE LIABILITY OF ANY AFFILIATE TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH OUR SERVICE IS OR ANY OF THE CIRCUMSTANCES IN SECTION 9(B), LIMITED TO THE LESSER OF (X) $500 OR (Y) THE TOTAL AMOUNT OF FEES YOU PAY TO US IN CONNECTION WITH ANY TRANSACTION FROM WHICH A DISPUTE ARISES.
D. This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed its essential purpose. The limitations of liability provided in this Agreement inure to the benefit of LMVR.
10. INDEMNIFICATION.
A. To the maximum extent permitted by applicable law, you agree to release, defend (at LMVR’s option), indemnify, and hold harmless LMVR and our affiliates, and our respective affiliates and personnel (the “LMVR Indemnitees”) from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable attorneys’ fees and costs and accounting fees and costs, arising out of or in any way connected with: (i) your breach of this Agreement or our other rules and policies, (ii) your improper use of our Service, (iii) your interaction with any Guest or other Property Owner, any booking or stay at a Property, including without limitation any injuries, losses or damages of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect, or remit Taxes, (v) your breach of any laws, regulations or third party rights, or (vi) your Listing, Property, Content, or any services that you provide to a Guest or Property that hosts Guests. In the event that we agree that you may defend the LMVR Indemnitees, you agree not to consent to the entry of any settlement or judgment without LMVR’s prior written consent.
B. If you have a dispute with one or more other Guests or Property Owners (including any dispute regarding any booking, transaction or Content) or any third party provider, or any third party website that may be linked to or from or otherwise interact with our Service, you agree that you will not involve, hold liable, or make any claim against, (including for Losses or compensation), LMVR, its employees, owners, managers, agents, and other people officially acting on its behalf, in any way in respect of the dispute.
C. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR.”
11. TERMINATION.
A. Without limiting any of its rights set out below, LMVR may terminate this Agreement and/or any of your Listings and your Account at any time upon without advance notice to the Property Owner and in the exercise of its sole and absolute discretion. We will inform you of such termination via your email address and/or via the Dashboard after said termination is effective. You may terminate this agreement at any time by deleting your account under the Dashboard.
B. If LMVR determines, or an allegation is made, that:
then LMVR may take any action as set forth in this Section 9 as it determines in the exercise of its sole discretion.
C. Property Owner is in breach of this Agreement any other obligations owed to LMVR or any Guest; a Property Owner has been abusive or offensive to any Guest or LMVR, its employees, agents, members, managers or representatives; a Property Owner uses a false identity or has provided inaccurate information; LMVR’s systems or communications platforms have been otherwise misused; or anything similar to the foregoing has occurred in relation to any person affiliated with LMVR.
D. In the event of a breach of this Agreement by Property Owner, or in the sole and absolute discretion of LMVR and for any reason whatsoever, LMVR shall be entitled to take one or more of the following actions: (i) amend, (ii) suspend or (iii) terminate either (a) any affected Listings, or (b) all Listings associated with that Property Owner immediately and without refund of the Listing Fee or any other fees or charges obligated to be paid by Property Owner, or (c) the Property Owner account.
E. Small claims court matters. Notwithstanding the foregoing arbitration provisions, either you or we may bring any Claim in, or remove any Claim to, small claims court if the Claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any Claims on a class or representative basis, or to consolidate or join the Claims of other persons or parties who may be similarly situated in such proceeding. Further, if the Claims asserted in any demand for arbitration is within the small claims court’s jurisdictional limit, then either you or us may elect to have the Claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, or in accord with the AAA rules, by notifying the other party of that election in writing.
F. No class actions or representative proceedings. You and we agree that any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action, including without limitation as a private attorney general. The arbitrator may not consolidate more than one party’s Claims and may not otherwise preside over any form of any class or representative proceeding. You and we further acknowledge that you are each waiving your right to a jury trial.
G. Arbitration rules and governing law. This Arbitration Agreement is a “written agreement to arbitrate” evidencing a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the AAA’s Consumer Arbitration Rules or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at ADR. The arbitrator shall apply the law of the state of Oklahoma, regardless of conflict of laws principles, except that the FAA governs all provisions relating to arbitration. Foreign laws do not apply. This Arbitration Agreement can only be amended by mutual agreement in writing.
H. Mandatory pre-arbitration dispute resolution and notification. Prior to initiating arbitration, you agree to give us the opportunity to resolve any Claims by notifying us of the Claim in writing and attempting in good faith to negotiate an informal resolution. You must send, by certified mail, a written and signed Notice of Dispute (“Notice of Dispute”) addressed to: Legal Department/Dispute Resolution LMVR, 2424 N. Broadway, Ste 554, PMB 328187, Edmond, OK 73034-4172. The Notice of Dispute must contain the following information: (1) your name, (2) your address, (3) the email address associated with your user account, (4) a brief description of the nature of your complaint, (5) the resolution that you are seeking, and (6) your signature. If we are not able to resolve your complaint within 60 days of you providing a Notice of Dispute, you may commence an arbitration proceeding. Engaging in this pre- arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. AAA does not have authority to administer or adjudicate the Claim unless and until all pre-arbitration dispute resolution and notification requirements have been met. The statute of limitations shall be tolled while the parties engage in the dispute resolution process required by this Section.
I. Commencing arbitration. To initiate arbitration, you must file the demand with the AAA as specified in the AAA Rules. The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at ADR or by calling the AAA at 1-800-778-7879. A party initiating an arbitration against us must send the written Demand for Arbitration to Legal Department/Dispute Resolution LMVR, 2424 N. Broadway, Ste 554, PMB 328187, Edmond, OK 73034-4172, concurrent with filing the Demand with AAA. Arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules or by mutual agreement between you and us. The Arbitration shall be held either: (i) at a location in Bryan County OK, or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) via videoconference; or (iv) at your election, if the only claims in the arbitration as asserted by you and are for less than $5,000 in aggregate, by telephone or by written submission.
J. Attorneys’ fees and costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules, and where appropriate, limited by the AAA Rules. In order to initiate arbitration, each party will be responsible for paying the filing fees required by the AAA, which are approximately equivalent to current court filing fees. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, or you would otherwise be eligible for a fee waiver in court, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration, unless the arbitrator determines that your Claim(s) were frivolous or asserted in bad faith. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
K. Arbitrator’s decision. There is no judge or jury in arbitration, and court review of an arbitration award is limited under the FAA. The arbitrator’s decision will include the essential findings and conclusions on which the arbitrator bases the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
L. Severability and survival. If any portion of this Section 12 (United States Disputes and Arbitration) is found to be unenforceable or unlawful for any reason, (1) such portion will be severed and the remainder of Section 12 will be given full force and effect; and (2) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual Claims in arbitration.
13. GENERAL.
A. The headings to the Sections are for ease of reference only and do not affect the interpretation or construction of this Agreement. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision. In addition, LMVR's failure to enforce any provision of this Agreement shall not be deemed as a waiver of such term or otherwise affect LMVR's ability to enforce such provision at any point in the future. Except as expressly provided in any separate agreement or in any additional terms for certain areas of the Site, this Agreement constitutes the entire agreement between Property Owner and LMVR with respect to the use of our Service. No changes to this Agreement shall be made except by a revised posting on this page.
B. This Agreement is governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Oklahoma, without regard to principles of conflicts of laws.
C. If any provision (or part provision) of this Agreement is found by a court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision (or part provision) shall, if required, be deemed not to form part of this Agreement with you. In such a case, the validity and enforceability of the other provisions shall not be affected.
D. We may, and you may not, assign, subcontract or delegate rights, duties or obligations under this Agreement. However, we will not do so in such a way as to reduce any rights or guarantees you have under this Agreement. LMVR reserves the right to transfer this Agreement, and to assign or subcontract, or sublicense any or all of its rights and obligations under this Agreement, to a third party or to any other entity affiliated with us but will not do so in such a way as to reduce any guarantees given to Property Owner under this Agreement.
E. Except as expressly stated in this Agreement we do not intend any part of this Agreement to be enforceable by any person who is not a party to this Agreement. No third-party's consent shall be required for the waiver, variation or termination of any part of this Agreement. This Agreement do not give rise to any rights under any applicable laws or regulations in relation to rights of third parties to enforce any part of this Agreement.
F. Any provision of this Agreement, which expressly, or by its nature, imposes obligations beyond the expiration, or termination of this Agreement, shall survive such expiration or termination.
LMVR recommends that Property Owner SAVE & PRINT a copy of this Agreement.
If you wish to make a complaint, you can submit it to Complaints.
© 2025 Last Minute Vacation Rental, LLC. All Rights Reserved
Terms | Privacy Policy | Cookies | Do Not Sell My Personal Info
Thank you for being here & safe travels!
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.