Terms & Agreement
ResortTownRentals.com Traveler Terms & Conditions
LocalOTA is a product name of Pacific Sky Productions LLC (“we”, “us” or “our”). References to “you” and “your” in these terms means you, the customer and any other person in your party.
By providing your contact information or registering on GoHostels.com, you are joining the "LocalOTA Reservations" (referred to herein as "LocalOTA") system. This service syncs your login credentials, your reservations and your settings across all of LocalOTA's products.
Except where otherwise specified, we act only as an agent or subagent in respect of all bookings we take and/or make on your behalf including but not limited to activities, home rentals, hotels, and transfers (“Arrangement”). Your contract will therefore be with the individual service provider of the Arrangement in question who is the principal or the agent of the principal (the ‘Service Provider’). When making your booking, our service is only to arrange for you to enter into a contract with the applicable Service Provider of the Arrangement.
As just an agent, we accept no liability in relation to any contract you enter into with the Service Providers, or for any services or arrangements you purchase, or for the acts or omissions of any other person(s) or party(ies) connected with any Arrangement.
Your booking through us is subject to these Agency Terms and Conditions and the specific booking conditions of the relevant Service Provider you have chosen to contract with. You must read both carefully and accept them in full prior to booking. The Service Provider’s terms and conditions may limit and/or exclude their liability to you. Copies of applicable conditions will be available to you prior to booking via our website.
You may decide to make one or more bookings through us at the same time. The price charged in total for more than one booking will always equal the prices charged separately for each individual booking. All Arrangements are available to be purchased separately at the same price as they are when more than one booking is made. This means that any multiple bookings do not constitute a package
In any instance, where multiple bookings are made, they shall not constitute a “group” booking. All bookings will be treated independently (i.e. as separate individual bookings).
Any references to ‘package’ on our website, marketing materials or in these Agency Terms & Conditions refers only to the package holidays organised by third party Service Providers on whose behalf we act as an agent. We do not organise or sell package holidays in our own name and we are not an ‘organiser’ or tour operator.
By making a booking with us, you agree that:
you have read the terms and conditions set out below and agree to be bound by them;
1. Booking and payment
When you request to book an Arrangement, you guarantee that you have the authority to accept and do accept on behalf of your party these Agency Terms & Conditions and any applicable Service Provider’s booking conditions. In order to confirm your chosen Arrangement(s), you must pay a non-refundable deposit, partial payment, or full payment as required by the Service Provider of the Arrangement in question. You must also pay all applicable insurance premiums, fees and charges. Your booking is confirmed and a contract between you and the Service Provider will exist when we send you confirmation by email on their behalf, which contains a valid Reservation ID reference number (“Booking Confirmation”). Please check your Booking Confirmation carefully and report any incorrect or incomplete information to the Service Provider immediately. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
If you chose to pay a deposit, you must pay the full balance by the Balance Due Date notified to you in the Booking Confirmation. Unless otherwise specified, we will attempt to automatically deducted from the same debit/credit card used to pay your deposit. If full payment is not received (for whatever reason) by the Balance Due Date, we will notify the Service Provider who may cancel your booking and charge the cancellation fees set out in their booking conditions. If you have chosen the option to spread the cost of your booking(s), all instalments must be paid by the date specified at the time of making the booking. In the event of non-payment, the booking(s) may be cancelled – please refer to the cancellation policy. It is always your responsibility to ensure your balance is paid by the Balance Due Date.
Cards are accepted subject to security and fraud checks and we reserve the right to cancel your Arrangement(s) should your booking request fail any element of these checks. Your bank or card issuer may also apply an additional foreign transaction fee.
Please note that a booking is only confirmed when we send you a Booking Confirmation with a valid booking reference number for each Arrangement. On rare occasions, we will be unable to confirm a booking, for example if the payment fails. It is your responsibility to attempt to rebook in this scenario.
2. Prices & Pricing Errors
We reserve the right to amend advertised prices at any time.
We endeavour to ensure that all pricing and other information on the website is accurate. However, it is always possible that despite our efforts there may be times when obvious errors occur such as the price or some other detail displayed being incorrect. We will normally check prices before confirming your booking so that, where the booking's correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the booking's correct price at your booking date is higher than the price stated to you, we will update your shopping cart with the updated price and allow you to make the booking.
If we confirm and process your booking where a pricing or other error is obvious and could reasonably have been recognised by you as a mistake, the Service Provider may terminate the contract and refund you any sums you have paid.
3. Online Content
We take all practical steps possible to ensure that the details displayed on the website are accurate and up-to-date, but we do rely upon the information given to us by the Service Provider(s) and are intended to present a general idea of the services and facilities being offered. Sometimes – and particularly at the beginning and end of the season – certain facilities may be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests or low occupancy. Some advertised activities or facilities, for example water-sports, may not be available all year round. There may be local charges for some facilities, for example, TVs, safety deposit boxes, sun-loungers, parasols, spa access, tennis courts, pool tables and air-conditioning. Unless specifically confirmed in your room type or board basis, you must assume some, if not all facilities will be payable locally. Any complaints about services or facilities should be directed to the relevant Service Provider.
4. Data Protection
By making a booking with us you agree to the use and disclosure of the information you provide for the following purposes: to enable us to process your booking, for market research and analysis, to avoid fraud and to enable us or our representatives to contact you by letter, telephone or email.
You many unsubscribe at any time by clicking on the relevant link in any emails we send you.
5. Amendments by you
If you wish to make an amendment to your booking please contact your Service Provider directly or though your 'My Account' portal. Amendments can only be accepted in accordance with the terms and conditions of the Service Provider(s) of your Arrangement(s). The Service Provider may charge the amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Arrangement and will normally increase closer to the date of departure).
At the time of booking you may have the option to select rooms or services which are available at a special rate as they are non-refundable, non-changeable and/or non-transferable from point of sale. This means that from the time the booking is confirmed, no amendments whatsoever (including names, dates and duration) can be made and the only option available is to cancel. Cancellations of this booking type may be charged a 100% cancellation fee by the Service Provider. These items are advertised as “Non-Refundable” and require full payment at time of booking.
Amendment charges are subject to change at any time.
6. Cancellations by you
In the event that you cancel your booking, and the deposit you have paid does not cover the cancellation charges set out in this paragraph (e.g. because you have chosen a low deposit option), you must pay any difference between the amount you have paid and the cancellation charge applied. In accepting these Agency Terms & Conditions you give your authority for us to automatically charge the payment card used by you when securing the booking (or any other card used by you in connection with this booking) at that time.
Any cancellation may incur a cancellation fee from the Service Provider(s) under their terms and conditions.
7. Changes and Cancellations by the Service Provider
The Service Provider will inform you as soon as reasonably practicable if they need to make a significant change to your confirmed Arrangement or to cancel your agreement and will endeavour to pass on any information to you in regards to any minor changes before you arrive. We have no liability to you for any changes and/or cancellations by the Service Provider or additional cost or expenses you incur.
8. Our responsibility for your booking
Your contract for the Arrangement(s) is with the Service Provider(s) who will the principal or the agent of the principal and their booking conditions apply. As agent, we accept no responsibility for the actual provision of the Arrangement(s). Our responsibilities are limited to the booking service we provide to you. We accept no responsibility for any information about the Arrangement that we pass on to you in good faith if any errors in that information are beyond our reasonable control (e.g. because they are solely due to the fault of the Service Provider). We are also not responsible for any loss or damage that occurs. We do not accept liability for any business losses (e.g. loss of profit, loss of business, business interruption or loss of business opportunity).
We also accept no responsibility for the behaviour of others in your accommodation, or for any facilities/services withdrawn as a result of their action.
In the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to the cost of your affected Arrangement (or the appropriate proportion of this if not everyone on the booking is affected).
The contract(s) for your Arrangement(s) is between you and the Service Provider(s) who may be the principal or an agent for the principal. Any queries or concerns regarding your contract should be addressed to them.
Certain countries/cities impose additional taxes such as tourist or city tax. This is payable directly to your accommodation and is for maintenance of local facilities. You are wholly responsible for paying these taxes locally prior to check out and they are subject to change by pronouncement of overseas governments. We have no liability to you for these taxes.
11. Ratings and Standards
Star ratings are used to symbolise the overall quality and level of standards of each lodging or activity type and are typically based on criteria including the location of the establishment, the quality of the property, the quality of service provided by the Service Provider. However, there is no uniform and consistent method of star ratings and as such they can vary significantly by country, and often within countries. Also, not all countries have official rating systems. Therefore the rating displayed is only an opinion and should only be used as a guide. If your Service Provider provides an “official” tourist board rating, we will endeavour to include that within the accommodation description. We cannot guarantee the accuracy of any ratings given. All ratings are as provided via the relevant Service Provider and are not our personal ratings.
12. Room Allocation
After registration/check-in at your accommodation, you may be allocated a room. It is your responsibility to verify the check-in and check-out times directly with the Service Provider. Please note that the fact that rooms appear listed together on the same booking itinerary does not guarantee that they will be adjacent to one another or otherwise in close proximity.
13. Building Work
From time to time, maintenance, renovation or refurbishment and its associated noise are unavoidable at a hotel/accommodation.
Please note that municipal works (for example road works) and other third-party building work in the vicinity of your accommodation is not the responsibility of the accommodation or Service Provider.
14. Law and Jurisdiction
These Agency Terms and Conditions shall be construed and enforced in accordance with the laws of the State of Iowa. The parties each submit to the jurisdiction of the Iowa District Court sitting in Hardin County, Iowa as the principal offices of the Company are located in Hardin County, Iowa.
Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
ResortTownRentals.com Service Provider Terms & Conditions
- Please read these terms (the “Terms”) carefully as they govern your use of the LocalOTA system, ResortTownRentals.com (the “Website”), and the booking system, apps, tools, platforms or other devices on which our services are made available to you (together, the “Platform”) and set out your obligations to BSGSB Ltd, the owner and operator of the Platform, (and referred to in these Terms as “us”, “we”, “our” or “LocalOTA”) and your additional obligations to users booking Service through the Website (“Guests”).
- By registering as a Service Provider with the Platform, you confirm your acceptance of these Terms. Where we refer to “you” in the Terms, we mean the Operator of the Service registered on the Platform. The individual who completes this agreement ("Agreement") hereby warrants and represents that he/she has full authority and permission of the Service Operator to bind the Service Operator to these Terms.
- We may vary the Terms from time to time and shall post such alterations on the Service’s Extranet with at least a month’s notice. If you do not agree to the changes made to the Terms, then you have the right to stop using the Platform, and should do so immediately by deactivating your business on the Website and writing to us at [email protected]. Your continued use of the Platform after the date the changes have come into effect will constitute acceptance of the amended Terms.
- You may terminate this Agreement at any time with 14 days written notice, but you agree that if you choose to terminate this Agreement you will be obligated to comply with these Terms in full in relation to any outstanding Bookings which have been made but have not yet completed.
- By providing your contact information or registering on the LocalOTA platform, you are joining the "LocalOTA Reservations" system. This service syncs your login credentials, your reservations and your settings across all of LocalOTA's products.
- “Listing” means the lodging or activity made available by the Service Provider to Guests through the Platform.
- “Booking” means a booking for a Listing made by a user of the Website.
- “Guest” has the meaning set out in clause 1.1.
- To register as an Service Provider with the Platform you should follow the registration steps set out on the Website.
- The Service Provider warrants that all information it provides for inclusion on the Platforms (including pictures, photos, video and descriptions), its amenities and services and the activity or rooms available for reservation, details of the rates (including all applicable taxes, levies, surcharges and fees) and availability, cancellation and no-show policies and other policies and restrictions (the "Service Information") shall be true and accurate and not misleading.
- Service Information must not contain any telephone, fax or email address or social media websites (such as Twitter or Facebook) which have contact details for the Service Provider. We reserve the right to edit or exclude any information on becoming aware that it is incorrect or incomplete or in violation of the terms and conditions of this Agreement.
- The Service Provider shall ensure that the Listing Information is correct and up-to-date at all times, including additional availability of inventory. The Service Provider shall update the Listing Information on a regular basis (or such more frequent basis as may be required).
- We will provide you with a user ID and password which allows you to access our extranet. You agree to safeguard and keep the user ID and password confidential and safely stored and not disclose it to any person other than those who need to have access to the extranet. You agree to immediately notify us of any security breach or improper use.
- ResortTownRentals.com Fees
ResortTownRentals.com charges you a flat monthly fee per home that you have listed in the LocalOTA system.
- These fees will be charged monthly based on the previous month's inventory and reservations.
- Excluding their own website, Service Providers agree to at least match their lowest available price online on the Platform.
- If a better rate is found by one of our Guests for the identical booking on another website excluding the Service Provider's own website, then the Service Provider must offer the Guest the lower price or settle the difference. The cheaper rate must be freely available online.
- If the Service Provider does not match their lowest available price on the Platform (excluding the Service Provider's own website), we reserve the right to terminate this Agreement.
- We shall provide you with the booking details and credit card details provided to us by our users. We are not responsible for the accuracy or completeness of any information provided by users.
- LocalOTA is not party to any contract or arrangement entered into between Guests and the Service Provider, and consequently shall not be liable for payment (or non-payment) of Service costs, or any liability whatsoever in relation to any damage or loss caused by Guests.
- Should the Service Provider have any complaint or dispute with Guests, the only remedy shall be direct with the Guests. LocalOTA does not provide any mediation services.
- The Service Provider agrees that it is bound to provide the Service requested in the Booking according to the rates and conditions set out at the time of the Booking. In the event that the Service Provider finds itself over-booked or unable to provide the Service for any other reason, it shall be the sole obligation of the Service Provider to arrange alternative Service of the same or higher quality as close as possible to the original location, and covering all additional costs, including transfers, which may result.
- The Service Provider shall not charge any further fees for providing those services specified in the Booking (such as credit card fees, surcharges or other costs which were not disclosed at the time of Booking).
- Guest cancellation policy
- You must provide us with your cancellation and no show policy. We will make this available to Guests on the Website and in the Booking. You should provide us with any amended or updated version of your policy, but you will be obligated to abide by the terms of any existing policy that has been provided to Guests in earlier Bookings until such time as we have updated your cancellation policy on our Website.
- If a Guest fails to arrive and meet their Booking (a no-show) or cancels the Booking in breach of your cancellation policy, you agree to charge the Guest the cancellation fee set out in that policy.
- If a Guest makes contact with the Service Provider requesting to cancel their Booking, you must inform the Guest to cancel the Booking via the LocalOTA system.
- If the Service Provider accepts credit cards as a form of payment, it is the responsibility of the Service Provider to verify the validity of credit card details and to pre-authorise the credit card, if applicable.
- If a credit card is not effective or valid for any reason, this shall be at the risk and for the account of the Service Provider. The Service Provider must notify the Guest and give them an opportunity to guarantee the Booking in an alternative manner. If the Guest does not comply, the Service Provider may cancel the Booking.
- If the Service Provider wishes to take payment from the credit card before the check-in date, it must ensure that its advance payment conditions are clearly explained to Guests in the information made available to the Guest prior to making a booking and included in the Service Information.
- Service Providers should charge credit cards in the same currency as set out in the booking. If this is not possible, the Service Provider may charge the credit card of the Guest in a different currency using a fair and reasonable exchange rate.
- The Service Provider must comply with the requirements of the Payment Card Industry ("PCI") Data Security Standard as provided by the major credit card companies from time to time.
- The Service Provider is responsible for the security of cardholder data it processes under this Agreement.
- The Service Provider grants to LocalOTA a non-exclusive, royalty free and worldwide right and license to use, reproduce, have reproduced, process, distribute, sublicense, display and utilize (including without limitation to publicly perform, modify, adapt, communicate, reproduce, copy and make available to the public in any manner whatsoever) the Service Information.
- We may sublicense, make available, disclose and offer the Service Information on the Platform and in collaboration with the websites, applications, platforms or other devices of affiliated companies and/or third parties on the same terms and conditions as provided in these Terms.
- You understand and agree that we may ask Guests to review the services you have provided and that we may use such review for any purpose, including providing such review to prospective Guests and/or posting such review to the Website.
- You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, such reviews is our property, and nothing in the Terms shall be taken to transfer any such intellectual property to you. In particular, you may not use all or any part of a review for any purpose outside of the LocalOTA Platform without our written permission.
- We reserve our right, but shall not have an obligation, to monitor or edit Guest reviews. We shall be under no obligation to remove or edit any review at the request of a Service Provider. You further agree that we shall have no liability in relation to the publication of any review.
- If review comments fall outside our guidelines we may choose to remove the offending comments from the review but to leave the score, or reject the entire review, and we may offer the Guest another opportunity to review.
- You agree that we may use details of your Service and, if applicable, the name of the Service Provider in online and PPC (pay per click) marketing.
- We are not obligated to make available the Platform services to you and we reserve the right to remove any Service Provider from our Platform at any time and for any reason, at our discretion.
- We make no warranty that the Platform will provide an uninterrupted service or be error free, or that any defects will be identified or corrected. While we take steps to prevent misuse of our systems, we cannot warrant that the Platform will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
- We make no warranty as to the Guests we may refer to you and are not liable for any loss or damage you may incur as a result of a Guest reservation, including without limitation any failure by the Guest to pay you.
- LocalOTA acts as an introducing agent and is not a party to any contract made between you and the Guest. You will be responsible for all legal and regulatory requirements relevant to your contract with your Guest.
- Nothing in the Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
- If you are dissatisfied with the LocalOTA Platform, or these Terms, your remedy shall be to discontinue your use of the LocalOTA Platform.
- Other than as set out above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms or your use of the LocalOTA Platform.
- Except as expressly set out in the Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.
- We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, or any other economic loss.
- In the event that any relevant limitation or exclusion of liability in the Terms is not enforceable, then our liability to you shall not exceed the lesser of (i) the amount paid or payable under your contract with the Guest (if the dispute relates to a Guest matter) and (ii) $500 in aggregate, in respect of all matters concerning or arising out of your use of the LocalOTA Platform.
- Intellectual Property Rights
- You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the LocalOTA Platform (the “Intellectual Property“), including the manner in which LocalOTA is presented or appears and all information and documentation relating to it, is our property (or that of our licensors), and nothing in the Terms shall be taken to transfer any of any Intellectual Property to you.
- If any of the Terms are held to be illegal or unenforceable, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.
- The Terms constitute the entire agreement and replace any previous agreement or understanding (whether oral or written, express or implied) between us in respect of the matters contained or referred to in the Terms. Each of us agree that, in entering the Terms, we have not relied on and have no remedy in respect of, any representation, warranty or other provision (oral or written, express or implied) of any person which is not expressly set out in the Terms. The only remedy available in respect of any misrepresentation or untrue statement shall be a claim for breach of contract under the Terms. This paragraph does not operate to limit or exclude any liability arising from any fraudulent or dishonest statement, act or omission.
- We reserve the right at all times to edit, refuse to post, or to remove from the Platform any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.
- You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
- A person who is not a party to the Terms shall not have any rights to enforce any provision in the Terms.
- No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
- If these Terms appear in a language other than English, it is for reading purposes only, and the Terms will be valid according to the original English language version.
- The Terms shall be construed and enforced in accordance with the laws of the State of Iowa. The parties each submit to the jurisdiction of the Iowa District Court sitting in Hardin County, Iowa in relation to any dispute arising from them.