Property Owner Agreement
PROPERTY OWNER AGREEMENT
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.
