Terms and Conditions

Vaway, LLC. (hereafter referred to as "Vaway", "we", "us", or "our") provides an online rental marketplace that connects hosts who have accommodations to rent with guests seeking to rent such accommodations (collectively, the “Services”), which Services are accessible at http://www.vaway.com and as an application for mobile devices (the “Application”). When using the Vaway Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collected Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Vaway. Please read carefully these Terms and our Privacy Policy, which may be found at http://vaway.com/page/privacy_policy.If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, MOBILE APPLICATIONS AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR ACCOMMODATIONS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS. YOU UNDERSTAND AND AGREE THAT VAWAY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS VAWAY A REAL ESTATE BROKER, AGENT OR INSURER. VAWAY HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Key Terms
“Vaway Content” means all Content that Vaway makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Collected Content.
“Collected Content” means Content collected from our Members.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Guest” means a Member who requests a booking of an Accommodation via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation.
“Host” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.
“Member” means a person who completes Vaway’s account registration process, including, but not limited to Hosts and Guests, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collected Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collected Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collected Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTED CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification
Vaway reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties (“Accommodations”). Such Accommodations are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create a Vaway Account (defined below).
As stated above, Vaway makes available a platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations. Vaway is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Vaway does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Vaway’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF ACCOMMODATIONS. VAWAY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. VAWAY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.

Account Registration
In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account (“Vaway Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Vaway Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Vaway through the Site, Services or Application; or (ii) allowing Vaway to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Vaway and/or grant Vaway access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Vaway to pay any fees or making Vaway subject to any usage limitations imposed by such third party service providers. By granting Vaway access to any Third Party Accounts, you understand that Vaway will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Vaway Account and Vaway Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Collected Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Vaway Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Vaway’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Vaway Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Vaway makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Vaway is not responsible for any SNS Content.

We will create your Vaway Account and your Vaway Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Vaway Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Vaway reserves the right to suspend or terminate your Vaway Account and your access to the Site, Application and Services if you create more than one (1) Vaway Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Vaway Account, whether or not you have authorized such activities or actions. You will immediately notify Vaway of any unauthorized use of your Vaway Account.

Accommodation Listings

As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodation, the price for such booking may not be altered.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Guest stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that Vaway assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations. Vaway reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Vaway, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

You understand and agree that Vaway does not act as an insurer or as a contracting agent for you as a Host. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Vaway is not a party thereto. Notwithstanding the foregoing, Vaway serves as the limited authorized agent of the Host for the purpose of accepting payments from Guests on behalf of the Host and is responsible for transmitting such payments to the Host.

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Site, Application and Services.

If you are a Host, Vaway makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)

Vaway recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.

No Endorsement

Vaway does not endorse any Members or any Accommodations. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Except as provided in the Vaway Host Guarantee Terms and Conditions (“Vaway Host Guarantee”), which is an agreement between Vaway and Hosts, we will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Vaway with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Vaway regarding the remittance of payments received from a Guest by Vaway on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings and Financial Terms

Bookings and Financial Terms for Hosts
If you are a Host and a booking is requested for your Accommodation via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Vaway in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s Vaway Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guest on such SNS, and (iv) an indication that the name that the Guest provided to Vaway when the Guest became a Member matches the name that the Guest provided to the SNSs to which the Guest has linked his or her Vaway Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an Accommodation within such 24 hour period, any amounts collected by Vaway for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, Vaway will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

The fees displayed in each Listing are comprised of the Accommodation Fees (defined below) and the Guest Fees (defined below.) Where applicable, Taxes may be charged in addition to the Accommodation Fees and Guest Fees. The Accommodation Fees, the Guest Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Guest solely relating to a Host’s Accommodation are the “Accommodation Fees”. Please note that it is the Host and not Vaway which determines the Accommodation Fees. The Accommodation Fee may include a cleaning fee, at the Host’s discretion.

Vaway charges a fee to Guests based upon a percentage of applicable Accommodation Fees which are the “Guest Fees”. The Guest Fees are added to the Accommodation Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Vaway will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within 24 hours of the booking request) and will initiate payment of the Accommodation Fees (less Vaway’s Host Fees (defined below)) to the Host within 24 hours of when the Guest arrives at the applicable Accommodation (except to the extent that a refund is due to the Guest).

Appointment of Vaway as Payment Agent for Host
Each Host hereby appoints Vaway as the Host’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Host. Each Host agrees that payment made by a Guest to Vaway shall be considered the same as a payment made directly to the Host and the Host will make the Accommodation available to Guest in the agreed upon manner as if the Host has received the Accommodation Fees. Each Host agrees that, Vaway may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Host, Vaway assumes no liability for any acts or omissions of the Host.

Please note that Vaway does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Vaway reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Vaway will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for Guests
The Hosts, not Vaway, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not Vaway, will be responsible for performing the obligations of any such agreements, that Vaway is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Vaway disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Vaway is not a party to the agreement between you and the Host, Vaway acts as the Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to Vaway which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and Vaway is responsible for remitting such amounts, less Vaway’s Host Fees, to the Host. In the event that Vaway does not remit any such amounts to a Host, such Host will have recourse only against Vaway.

Listings for Accommodations will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Vaway in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Vaway will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit card will be released, if applicable.

You agree to pay Vaway for the Total Fees for any booking requested in connection with your Vaway Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Vaway, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once Vaway receives confirmation of your booking from the applicable Host, Vaway will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Vaway cannot control any fees that may be charged to a Guest by his or her bank related to Vaway’s collection of the Total Fees, and Vaway disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Vaway or its third party payment processor. You agree to pay Vaway for any confirmed bookings made in connection with your Vaway Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Vaway or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. You also authorize Vaway to charge your credit card in the event of damage caused at an Accommodation as contemplated under “Damage to Accommodations” below and for Security Deposits, if applicable. If you are directed to Vaway’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once you’re confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Security Deposits

Hosts may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If a Security Deposit is included in a Listing for a confirmed booking of Accommodation, Vaway will, in its capacity as the payment agent of the Host, use its commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount the Host determines for the Security Deposit within a reasonable time prior to the Guest’s check-in at the applicable Host’s Accommodation. Vaway will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Vaway is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.

Service Fees

In consideration for providing the Services, Vaway collects service fees from Hosts and Guests (“Service Fees”). Service Fees are made up of two (2) components: (i) Guest Fees and (ii) a fee that is charged to the Host based upon a percentage of the amount of the Accommodation Fees (“Host Fees”). Where applicable, Taxes may also be charged in addition to the Host Fees. Host Fees are deducted from the Accommodation Fees before remitting the Accommodation Fees to the Host, within 24 hours of when the Guest arrives at the applicable Accommodation. Guest Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Vaway to Hosts via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Application and Services. Please note that for any payments by Vaway in currencies other than U.S. dollars, Vaway may deduct foreign currency processing costs from such payments. More information on foreign currency processing cost deductions will be available via the Site and Application. More information on Services Except as otherwise provided herein, Service Fees are non-refundable.

General Booking and Financial Terms

Cancellations and Refunds
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Vaway will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.

If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Vaway will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Vaway containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay Vaway the Total Fees relating to the confirmed booking for the Accommodation in the alternative listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Vaway, please contact Vaway at http://www.vaway.com/contactus

Recurring Payments

 
In some instances, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize Vaway, on behalf of the Host, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.

Donations

 
Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Host does in fact make the donation he or she pledged to make.

Taxes


IRS regulation, regarding federal tax reporting requirements, stipulates that Vaway must collect IRS Form W-9 from all property owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Vaway cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Host, Vaway may issue a valid VAT invoice to such Host.

Foreign Currency


As part of the Services, Vaway provides a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Guest) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Host. The currency in which you will be charged will be determined by Vaway based on the payment method you select and the location of the Accommodation in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Host to receive payment, Vaway will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Vaway has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although Vaway updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, Vaway will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Vaway makes payment to a Host.

Damage to Accommodations


As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Vaway Account. Vaway also reserves the right to charge the credit card on file in your Vaway Account, or otherwise collect payment from you and pursue any avenues available to Vaway in this regard, including using Security Deposits, in situations in which you have been determined, in Vaway’s sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts under the Vaway Host Guarantee, and in relation to any payments made by Vaway to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to Vaway (if applicable).

Both Guests and Hosts agree to cooperate with and assist Vaway in good faith, and to provide Vaway with such information and take such actions as may be reasonably requested by Vaway, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Vaway Host Guarantee) or with respect to any investigation undertaken by Vaway or a representative of Vaway regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon Vaway’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Vaway or a third party selected by Vaway, with respect to losses for which the Host is requesting payment from Vaway under the Vaway Host Guarantee.

If you are a Guest, you understand and agree that Vaway reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to an Accommodation or any personal or other property located at an Accommodation (including amounts paid by Vaway under the Vaway Host Guarantee.) You agree to cooperate with and assist Vaway in good faith, and to provide Vaway with such information as may be reasonably requested by Vaway in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Vaway may reasonably request to assist Vaway in accomplishing the foregoing.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;

  • use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;

  • copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;

  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

  • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

  • use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;

  • "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Vaway Guest or Host;

  • offer, as a Host, any Accommodations that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);

  • offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;

  • register for more than one Vaway Account or register for an Vaway Account on behalf of an individual other than yourself;

  • contact a Host for any purpose other than asking a question related to a booking, such Host’s Accommodations or Listings;

  • contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site, Application and Services;

  • when acting as a Guest or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to Vaway, without Vaway’s prior written approval;

  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

  • use automated scripts to collect information or otherwise interact with the Site, Application or Services;

  • use the Site, Application and Services to find a Host or Guest and then complete a booking of an Accommodation transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Vaway’s provision of the Services;

  • as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;

  • or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

  • use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Vaway’s name, any Vaway trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Vaway’s express written consent;

  • access, tamper with, or use non-public areas of the Site or Application, Vaway’s computer systems, or the technical delivery systems of Vaway’s providers;

  • attempt to probe, scan, or test the vulnerability of any Vaway system or network or breach any security or authentication measures;

  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Vaway or any of Vaway’s providers or any other third party (including another user) to protect the Site, Services, Application or Collected Content;

  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collected Content to send altered, deceptive or false source-identifying information;

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collected Content; or
    advocate, encourage, or assist any third party in doing any of the foregoing.

Vaway will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Vaway may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Vaway has no obligation to monitor your access to or use of the Site, Application, Services or Collected Content or to review or edit any Collected Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Vaway reserves the right, at any time and without prior notice, to remove or disable access to any Collected Content that Vaway, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.


Privacy

See Vaway’s Privacy Policy at http://www.vaway.com/page/privacy_policy and for information and notices concerning Vaway’s collection and use of your personal information.

Ownership

The Site, Application, Services, and Collected Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collected Content, including all associated intellectual property rights is the exclusive property of Vaway and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collected Content.

Vaway Referral Program

As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Site, Application and Services, you may participate in the “Referral Program”, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to Vaway for which a Qualifying Referral (defined below) is completed, you may be able to receive Vaway Travel Credits (defined below) (each a “Referral Reward”). “Vaway Travel Credits” are “points” that may be applied as credits toward future confirmed bookings made by Members via the Site, Application and Services.

In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your Vaway Account on the Site or Application and select either the “Invite Friends with Facebook” or “Email Your Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends; or by using the other tools provided by Vaway to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a Vaway Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of an Accommodation which is confirmed by the applicable Host or create a Listing which subsequently receives a confirmed booking via the Services with Total Fees of at least seventy-five dollars ($75) that is not subsequently cancelled. Please note that you may not be the Host or the Guest for the booking to receive a Referral Reward.

Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your Vaway Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your Vaway Account profile page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your Vaway Account. Referral Rewards accrued in multiple Vaway Accounts may not be combined into one Vaway Account. You may not earn Referral Rewards by creating multiple Vaway Accounts. By acquiring Referral Rewards, you agree and acknowledge that Vaway is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Vaway Accounts.

Specific Terms Regarding Vaway Travel Credits

Vaway Travel Credits may only be redeemed for confirmed bookings via the Site, Application and Services and after you accrue Vaway Travel Credits, such Vaway Travel Credits will be automatically applied to your next confirmed booking made via the Site, Application and Services. You may only redeem Vaway Travel Credits after the Vaway Travel Credits are reflected in your Vaway Account. The scope, variety, and type of services and products that you may obtain by redeeming Vaway Travel Credits can change at any time.

Vaway Travel Credits expire one (1) year from the date that any Vaway Travel Credits are last accrued in your Vaway Account. Vaway will notify you at the email address you provided during Account registration within thirty (30) days of when the Vaway Travel Credits in your Vaway Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of Vaway Travel Credits, please contact us at support@vaway.com. Vaway may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Vaway’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Vaway Travel Credits. Where applicable, Vaway may be required to account for VAT on any services for which the Vaway Travel Credits are redeemed.

Without limiting any other terms of these Terms and subject to applicable law, all Vaway Travel Credits are forfeited if your Vaway Account is terminated or suspended for any reason, in Vaway’s sole discretion, or if Vaway discontinues providing the Site, Application, Services or the Referral Program.

Application License

Subject to your compliance with these Terms, Vaway grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Vaway reserves all rights in the Application not expressly granted to you by these Terms.

Vaway Content and Collected Content License

Subject to your compliance with the terms and conditions of these Terms, Vaway grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Vaway Content solely for your personal and non-commercial purposes and (ii) access and view any Collected Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.