Last updated: March 31, 2014
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING, USING, DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE.
"Accommodation" refers to any lodging or board, private or commercial, made available for rent.
"Service" or "Services" refers to connecting Owners with persons seeking to rent an Accommodation, and means for advertising those Accommodations.
"Content" refers to any text, graphics, photos, videos, virtual tours or other materials made available on the Site by us or users of the Site.
"Listing" refers to an Accommodation advertising page created by the owner of that Accommodation.
"Member" refers to a person who completed account registration process, whether or not that account is activated.
"Verified Member" refers to a member who provided up-to-date contact information, a copy of his/her photo ID that we keep on file. We may also undertake additional checks and processes designed to help verify identities of our Memebers. Please refer to member verification .
"PRO Listing" refers to a property advertised on our Site with "Pro" Package and highlighted with green color in search results. Some of them might have photos stamped with a date and "Verified by marthasvineyardrentals.org" byline. "Verified by marthasvineyardrentals.org" refers to verification by one of our professional photographers who personally visited the property and took a number of photographs used for this listing. Please keep in mind that home owners often make changes to their properties, some photographs may get outdated with time and may not reflect the current state of affairs. We do not verify description against photographs , nor can we guarantee the accuracy of description and promises provided by any member on his/her property listing. We do not endorse any Member or any Accommodation marked "verified". , nor can we guarantee the accuracy of description and promises provided by any member on his/her property listing.
Martha's Vineyard Rentals reserves the right, at its sole discretion, to modify the Site, Services, Terms, Service Fees at any time without prior notice. If we modify the Terms, we will post the modification on the Site or provide you with notice of the modification identified by the "Last Updated" date at the top of these Terms. If the modified Terms are not acceptable to you, your only option is to cease using the Site and our Services.
YOU UNDERSTAND AND AGREE THAT THE SITE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS, NOR WE ARE A REAL ESTATE BROKER, AGENT OR INSURER. THIS IS TRUE EVEN IF THE SITE ALLOWS USERS TO BOOK AN ACCOMMODATION, BUT WE ARE NOT A PARTY TO ANY RENTAL OR OTHER AGREEMENT BETWEEN OWNERS AND GUESTS. WE HAVE NO CONTROL OVER THE CONDUCT OF MEMBERS, GUESTS AND OTHER USERS OF THE SITE AND DISCLAIM ALL LIABILITY IN THIS REGARD.
MARTHA'S VINEYARD RENTALS DOES NOT CONTROL THE CONTENT OF ANY LISTING POSTED ON THE SITE. MARTHA'S VINEYARD RENTALS DOES NOT MONITOR LEGALITY, CONDITION OR SUITABILITY OF ANY ACCOMMODATION ADVERTISED WITH US. MARTHA'S VINEYARD RENTALS 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.
Any part of an actual or potential transaction between users of the Site, including the quality, condition, safety, legality, accuracy of accommodations advertised, are solely the responsibility of each user. You agree to abide by all laws, rules and regulations applicable to providing your accommodation to public, including but not limited to credit card, data and privacy laws, rules and regulations, taxes, permit requirements, zoning ordinances or safety compliance and other applicable laws.
Users are granted a limited, revocable, non-exclusive license to access the content and services on the Site solely for the purpose of advertising accommodations, searching for, inquiring about or booking accommodations. Any use of the Site that is not for one of the above purposes or not in accordance with the Terms is prohibited. You agree not to engage in any of the following prohibited activities including, but not limited to:
Martha's Vineyard Rentals has no obligation to monitor user access, content, reviews on the Site, but has the right to do so to ensure users' compliance with the Terms. We reserve the right, at any time and without prior notice, to remove or disable access to any content of the Site. We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We will cooperate with law enforcement authorities in prosecuting users who violate the Terms.
Users of the Site are divided into three types: visitors (non-registered guests), registered guests and registered members. Registered members acting as Owners are allowed to have one free or one paid account.
Non-registered guests: online visitors browsing the Site for the purpose of finding and renting an accommodation. Non-registered guests are subject to the Terms and multiple limitations. Visitors may send inquiries and make direct contact with members, but not allowed to leave reviews, participate in any of our promotional programs.
Registered guests: online users who created an account on the Site. Registered guests are subject to the Terms and some limitations. They may send inquiries and make direct contact with members, book properties. Registered guests are allowed to leave reviews and participate in our promotional programs.
Paid account flat rate subscription: Paid annual subscriptions are sold to run 365 days starting on the day of payment. Renewal notifications are sent to members at least 10 days prior to expiration. Members may renew their subscriptions manually, or ask the Company to assist with opting-in their subscription to be automatically renewed. Payment for subscription must be made to us in USD paid either by a credit card, PayPal or a check.
We may, in our discretion and without liability to you, with or without prior notice, with or without cause terminate these Terms or your access to the Site and Services, deactivate or cancel your Account. We reserve the right to terminate accounts of those members who we believe violating the Terms, receive multiple complaints from any user or other third party regarding a member's accommodation listing or rental practice, immediately without notice and without issuing a refund. Upon termination we will promptly pay you any amounts we owe you in our discretion, which we are legally obligated to pay you. You may cancel your Account at any time by sending an electronic request to us: Account Cancellation . No account or accommodation listing may be transferred to another user. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any content you have posted on the Site, including, but not limited to, text, images, reviews.
Refunds: No refunds are available. If you believe you qualify for a refund under any of our guarantee programs, you may send your request: Account Cancellation . Please include your name, listing number and the reason for claiming your refund. After your cancellation request is received will then determine, in accordance with the applicable guarantee program, whether any refund is due. Members of newly created incomplete listings (less than 60%) are allowed to file for a refund within 30 days from activation.
If listing your property with us results in no bookings within the first year, your annual subscription will be extended at no charge. Booking guarantee applies only to listings in compliance with the Terms and Conditions with the following restrictions: 1.The listing should include sufficient description and at least six quality photographs that do not mislead or misrepresent your property 2. Availability calendar and rates updated on regular basis to indicate that your listing has not been abandoned or double-booked 3. The listing has at least 30% vacancy during high season 4. Homeowner/rental manager responsibly replies to all inquiries and booking requests depending on "response from owner" time limits . 5. Booking guarantee does not apply to renewals.
Once a booking request has been made by a guest, we will then notify the owner / property manager by email to accept or reject the booking request. Hosts are required to either confirm or reject booking inquiries within 48 hours. When the booking is subsequently accepted, the guest will receive an automated email confirming the booking, property details and directions, host's contact information. Once such contact details have been provided, booking request automatically becomes a booking, all communications concerning the booking process including, without limitation, information about the booking, leasing agreements, financial transactions, arrival times and handling of keys, should be furnished directly between the Guest and the Host. Please refer to Responsibility, rules and regulations , transactions between users . The payment schedule and cancellation terms varies widely, it is clearly outlined by the Host for each particular property. Upon receipt of a booking request confirmation, Guests enter into a direct contract with the Host. Hosts are not obliged to make any property available until a booking confirmation has been sent by the Host via the Site to Guests and a Guest is not guaranteed a booking with a Host until the full payment has been made by the Guest. However, upon issuing a booking confirmation, Hosts shall be responsible for providing the accommodation referred to in the booking confirmation. By making a booking request, Guests have accepted the Terms and Conditions, Booking Terms and Conditions, Security Deposit requirements and Payment Schedule/Cancellation Policy, are completely responsible and liable to pay in time according to Payment Schedule the Host in full the rental amount plus all extra charges due for such booking.
When Guests need to make some changes to their booking, they will need to contact and communicate with their Host directly. Guests should acknowledge however that as they have previously agreed and accepted the booking terms while making a reservation of that property. In some cases Hosts are entitled to, and may therefore, charge Guests additional charges for such changes.
If a booking request is refused by the Host and cancelled by any party within 7 days or is expired (left unanswered 48 - 167 hours and subsequently cancelled by the Guest within 7 days from making the booking), any booking reservation fee charged to the Guest will be refunded in full within 14 days back to the card charged, or within 30 days if the booking request was made by a check.
Cancellations by Hosts: there should be a mutual understanding between a Guest making a booking reservation and a Host. Accommodation listings may have an outdated information on availability and pricing, therefore it's responsibility of Hosts to make changes to their listings as soon as those changes take place with other vendors, as well as Guests making sure the dates desired for renting those accommodations are available. As a Host, you should never cancel any booking. It's a bad practice and your actions are directly affecting Our reputation. If you cannot honor a booking, prior to making a cancellation you will need to get in touch with the Guest, offer another option or apologize for inconvenience and cancel the request. In the latter scenario, all parties (Guest, Host and Us) will receive a cancellation email. We will issue a full refund to the Guest within our refund policy terms. As a Host you take all responsibility for cancellation. Our system will flag any Host and any Guest making over 3 cancellations within the period of 60 days. We reserve the right to ban, suspend, penalize, or report any irresponsible Host or an abusive Guest.
Booking cancellations are arranged solely between Hosts and Guests. Please refer to Responsibility, rules and regulations , transactions between users . Please note that all refunds should be furnished by the Host - Guest within Booking Terms Payment Schedule/Cancellation Policy clearly outlined in property reservation description and accepted by the Guest during the booking process. No refunds will be provided by the Host after the last deadline set out in the cancellation policy selected by the Host. Furthermore, Our reservation fees are non-refundable after 7 days from making the booking request.
To bring broader exposure, deliver more revenue and bookings for our Members, MVR syndication platform may provide your listing information and media to third party websites. Our distribution network allows you to list your properties with our channel partners like MVOL, the largest online travel portal on Martha's Vineyard, as well as other leading local guides, vacation rentals and travel sites we plan to add in the future. We expect new partners to join our distribution network in the future, which our members will be notified about. All listings are set to be automatically distributed to our partners. If you want your listings to be excluded from distribution, please contact us by email to opt out from participation.
Some parts of the Site are translated into foreign languages as a courtesy to online users in the effort to provide a basic understanding of the Site's content. All translated content should be treated as literal. We cannot guarantee the accuracy or quality of translated content as it may misrepresent terms, conditions and expressions. Any user is solely responsible for the verification and accuracy of such translation.
As part of the Services on the Site, we provide a feature for displaying and making reservations with three currencies: USD, EUR, GBP. All official total fees and transaction should be based on USD. Currency conversion rates are based on publicly available sources, updated on a regular basis but not in real-time, may vary from the market rate, and should be used for informational purposes only. The Site does not warrant or guarantee foreign exchange rates accuracy and we advise you to consult a qualified professional. You understand and agree that the final total fees may change as a result of correction of such currency conversion process.
Although most travel is completed without incident, travel to certain destinations may involve some risk. We urge our users to investigate and review travel prohibitions, warnings, announcements and advisories issued by the United States Government and destination country governments prior to booking. Information can be found at www.state.gov , www.tsa.gov , www.dot.gov , www.faa.gov , www.cdc.gov , www.treas.gov/ofac and www.customs.gov .
This Site and all material, including but not limited to textual content, images, graphics, logos, videos, virtual tours, service names or slogans displayed on the Site, unless specifically indicated otherwise, are protected by copyright as a collective work and may not be copied, stored or used in any way not permitted by the Terms, in whole or in part, without the prior written permission of Martha's Vineyard Rentals. You agree to abide by all copyright notices contained on the Site.
THE CONTENT, INFORMATION, SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND MAY INCLUDE INACCURACIES OR ERRORS. MARTHA'S VINEYARD RENTALS DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS, TYPOS OR OTHER INACCURACIES RELATING TO ANY CONTENT ON THE SITE. MARTHA'S VINEYARD RENTALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, SUITABILITY OF INFORMATION, ENDORSEMENTS, PRODUCTS, SERVICES AND FUNCTIONS MADE AVAILABLE ON THE SITE OR THROUGH THIRD PARTY URL LINKS. YOU ACKNOWLEDGE AND AGREE THAT MARTHA'S VINEYARD RENTALS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER OF THE SITE, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. YOU UNDERSTAND THAT MARTHA'S VINEYARD RENTALS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS MADE BY USERS OF THE SITE, INCLUDING BUT NOT LIMITED TO, REVIEWS AND ACCOMMODATION LISTINGS. MARTHA'S VINEYARD RENTALS DOES NOT WARRANT THAT THE FUNCTIONS MADE AVAILABLE ON THE SITE ARE ERROR FREE OR WILL BE UNINTERRUPTED, THAT THE SITE COMPLETELY SECURED FROM ANY BREACH OF SECURITY OR IS FREE OF VIRUSES AND HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION OF INFORMATION TO AND FROM THE SITE IS NOT CONFIDENTIAL AND MAY BE LAWFULLY OR UNLAWFULLY INTERCEPTED BY OTHERS. MARTHA'S VINEYARD RENTALS HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY AND SUITABILITY OF THE CONTENT, INFORMATION, TRANSMISSION OF INFORMATION, PRODUCTS AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT MARTHA'S VINEYARD RENTALS IS NOT A PARTY TO ANY RENTAL AGREEMENT OR ANY TRANSACTION BETWEEN USERS OF THE SITE AND DOES NOT GUARANTEE THE ACCURACY, SAFETY OF ANY RENTAL ACCOMMODATION PROVIDED ON THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE. IF YOU CHOOSE TO USE THE SITE, CONTENT, SERVICES YOU DO SO AT YOUR SOLE RISK. IN NO EVENT SHALL MARTHA'S VINEYARD RENTALS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF OR INABILITY TO ACCESS THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT ANY RISK ARISING OUT OF YOUR ACCESS TO THE SITE, INTERACTION WITH OTHER USERS OF THE SITE, LISTING OR BOOKING OF ANY ACCOMMODATIONS, USE OF SERVICES, USE OF CONTENT AVAILABLE ON THE SITE, REMAINS WITH YOU. IN NO EVENT WILL MARTHA'S VINEYARD RENTALS, OFFICERS, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS ON ANY SITE OPERATED BY OR AFFILIATED WITH MARTHA'S VINEYARD RENTALS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF CREDIBILITY, EMOTIONAL DISTRESS, DAMAGES ARISING FROM ANY COMMUNICATIONS OR LOSS OF ABILITY TO INTERACT WITH POTENTIAL OR ACTUAL CLIENTS, PERSONAL OR BODILY INJURY, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE AND WHETHER OR NOT MARTHA'S VINEYARD RENTALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED ABOVE WILL SURVIVE AND APPLY EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS OR DISSATISFIED WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR IF YOU HAVE ANY DISPUTE WITH MARTHA'S VINEYARD RENTALS OR ANY USER OF THE SITE, WE SUGGEST YOU TO STOP USING THE SITE IMMEDIATELY. IN ANY CIRCUMSTANCE, OUR LIABILITY TO ANY USER OF THE SITE IS LIMITED TO THE AMOUNT OF FEES PAID TO US BY THE USER IN THE TWELVE (12) MONTHS PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS (100 USD) IF NO SUCH PAYMENTS HAVE BEEN MADE.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, REMISE, RELEASE, FOREVER DISCHARGE AND HOLD MARTHA'S VINEYARD RENTALS AND ANY OF ITS DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY COMPLAINTS, OBLIGATIONS, CLAIMS, LIABILITIES, CAUSES OF ACTION, DAMAGES, LOSSES, FINES, PENALTIES, DISBURSEMENTS OF ANY NATURE, ANY LEGAL EXPENSES AND ACCOUNTING FEES, ARISING AS A RESULT OF: (I) YOUR ACCESS TO OR USE OF THE SITE AND SERVICES WE PROVIDE; (II) ANY USE OF ANY CONTENT POSTED ON THIS SITE OR AGGREGATED TO ANY SOCIAL MEDIA SITE; (III) YOUR VIOLATION OF THE TERMS; (IV) YOUR OWN ACTIVITY AND INTERACTION WITH OTHER USERS OR ANY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, LISTING AND ADVERTISING YOUR ACCOMMODATION, BOOKING OF AN ACCOMMODATION, USE OF AN ACCOMMODATION BOOKED THROUGH THIS SITE; (V) ANY DAMAGES CAUSED BY RENTING AN ACCOMMODATION, INCLUDING, BUT NOT LIMITED TO, ANY INJURIES, LOSSES, FATAL ACCIDENTS. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE MEMBERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND AFFILIATES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." LIMITED TO, ANY INJURIES, LOSSES, FATAL ACCIDENTS.
THIS SITE IS OPERATED BY A U.S. ENTITY PERFORMING ALL SERVICES IN THE STATE OF MASSACHUSETTS, USA. THE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF MASSACHUSETTS. MARTHA'S VINEYARD RENTALS MAKES NO WARRANTY THAT ANY CONTENT OR SERVICES ON THE SITE ARE APPROPRIATE, AVAILABLE OR SUITABLE FOR USE OUTSIDE OF THE UNITED STATES. THOSE ACCESSING AND USING THE SITE FROM OUTSIDE THE UNITED STATES DO SO ON THEIR OWN WILL AND ARE RESPONSIBLE TO FOLLOW THEIR LOCAL LAWS AND REGULATIONS. YOU HEREBY IRREVOCABLY AGREE AND CONSENT THAT ANY CLAIM, ANY LEGAL DISPUTE BETWEEN YOU AND MARTHA'S VINEYARD RENTALS, ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION TO THE TERMS OR WITH YOUR USE OF THE SITE SHALL BE FILED IN THE STATE OR FEDERAL COURTS IN DUKES COUNTY, MASSACHUSETTS, USA WITHIN ONE (1) YEAR FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE. ANY CLAIM, DISPUTE OR CAUSE OF ACTION FAILED TO COMPLY WITH THE ABOVE REQUIREMENTS SHALL BE IRREVOCABLY WAIVED.
These Terms constitute the entire understanding and agreement between you and Martha's Vineyard Rentals regarding operation, services and content made available on this Site. You agree that no joint venture, partnership, or employment relationship exists between you and Martha's Vineyard Rentals as a result of this agreement or use of this Site. Martha's Vineyard Rentals may change, suspend or discontinue any part or aspect of the Site at any time, without notice or liability, including the availability of the Site, its content, features or services. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law by any court, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that matches the intent of the original provision and the valid provisions of these Terms will remain in full force and effect. These Terms supersede and replace any and all prior oral or written agreements between you and Martha's Vineyard Rentals. The failure of Martha's Vineyard Rentals to enforce any right or provision of the Terms will not constitute a waiver of future enforcement of that right or provision. Any rights not expressly granted herein are reserved.
Contact us with your questions here: Contact Us . Or, you can write to us at:
Martha's Vineyard Rentals
PO Box 2597
Vineyard Haven, MA 02568, USA