Terms of Service
WELCOME TO TRIPPING. THESE ARE OUR TERMS OF SERVICE. YES, WE KNOW THIS DOCUMENT IS LONG AND FAIRLY DULL, BUT YOU SHOULD READ IT. THIS IS IMPORTANT STUFF AND IT INCLUDES INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS A GUEST, HOST AND USER OF TRIPPING. THANKS FOR TAKING THE TIME TO REVIEW IT.
Last updated: May 20, 2013
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY USE ZENRENTALS TECHNOLOGY TO CREATE LISTINGS (DEFINED BELOW) FOR ACCOMMODATIONS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY SEARCH, RESEARCH AND BOOK ACCOMMODATIONS, BOTH THROUGH TRIPPING AND OUR PARTNER SITES. YOU UNDERSTAND AND AGREE THAT TRIPPING IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS TRIPPING A REAL ESTATE BROKER, AGENT OR INSURER. TRIPPING HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
"Tripping Content" means all Content that Tripping makes available through the Site, Services or any future Application that may become available, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and Tripping Content.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Guest" means a Member who requests a booking of a ZenRentals Accommodation via the Site or Services, or a Member who stays at a ZenRentals Accommodation and is not the Host for such Accommodation. Members who book Accommodations through our partner sites are not considered Guests insofar as these Terms are concerned.
"Host" means a Member who creates a Listing via the Site and Services as powered by ZenRentals.
"Listing" means an Accommodation that is listed by a Host as available for rental via the Site and Services as powered by ZenRentals.
"Member" means a person who completes Tripping'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 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.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES 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. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT.
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.
Tripping reserves the right, at its sole discretion, to modify the Site 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 a notification on the Site or provide you with notice of the modification and we will update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site 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, you must cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
How the Site and Services Work
The Site and Services can be used by Hosts to facilitate the listing of properties for rent ("Accommodations") and by Guests to book such Accommodations. Unregistered visitors may view Listings; however, visitors must register and create a Tripping Account (defined below) before creating a Listing. Unregistered visitors have the option of booking ZenRental properties via the Site: while creating an account is not mandatory, all Guests with confirmed bookings must adhere to these Terms.
In addition to offering a metasearch platform of aggregated Accommodations inventory, Tripping offers a marketplace powered by ZenRentals technology for Guests and Hosts to transact online and arrange for bookings of Accommodations. Tripping is not an owner or operator of properties, including, but not limited to, houses, apartments, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to houses, apartments, hotel rooms, motel rooms, other lodgings or Accommodations and Tripping does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, houses, apartments, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Tripping's responsibilities are limited to: (i) facilitating the availability of the Site and Services (ii) serving as the limited agent of each Host for the purpose of accepting payments from Guests on behalf of the Host and (iii) handling customer service on behalf of ZenRentals.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE LISTING AND BOOKING OF ACCOMMODATIONS. TRIPPING CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. TRIPPING IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS, BOTH THOSE MADE AVAILABLE THROUGH THE METASEARCH PLATFORM AND THOSE POWERED BY ZENRENTALS TECHNOLOGY. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE HOST'S OWN RISK AND GUEST'S OWN RISK.
Registered Members are permitted to create Listings for properties that are either owned by them or under their control. Though the Listing process takes place on Tripping, the technology is powered by ZenRentals and properties are listed under the ZenRentals brand. During the Listing process, you will provide information about the Accommodation to be listed, including, but not limited to, its location, capacity, size, features, calendar availability, pricing, house rules and financial terms. In order to be featured in Listings via the Site and Services, all Accommodations must have valid physical addresses. Listings will be visible to the public via the Site and Services. Other Members and Site visitors will be able to book your Accommodation via the Site 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 in any way.
You acknowledge and agree that you are solely responsible for any and all Listings you create on the Site. Accordingly, you represent and warrant that any Listing you post and the subsequent booking of such Accommodation (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 Tripping assumes no responsibility for a Host's compliance with any applicable laws, rules and regulations. Tripping reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Tripping, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
You understand and agree that Tripping 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 neither Tripping nor ZenRentals are a party thereto. Notwithstanding the foregoing, Tripping 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. Tripping also serves as the main point of customer service on behalf of ZenRentals.
If you are a Host, you acknowledge and agree that 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.)
Tripping offers Hosts the option to require that Guests purchase a SafelyStay Damage Waiver during the booking process for ZenRental Listings. Hosts can choose between (i) not requiring a Damage Waiver (ii) a $30.00 Damage Waiver covering up to $500.00 in damages and (iii) a $45.00 Damage Waiver covering up to $3,000.00 in damages. The SafelyStay Damage Waiver is meant to cover accidents including but not limited to carpet spills, furniture tears, broken lamps and misplaced keys. It does not cover damage caused by natural disasters, intentional damage, gross negligence, normal wear and tear, loss of use of the vacation home, the guest's personal possessions, theft or damage caused by someone visiting the registered guest or when the home's occupancy exceeds the stated maximum. Theft and damage caused by others requires a police report and SafelyStay will work with Hosts and Guests to resolve any disputes that may arise as a result of such damages.
Tripping highly 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.
Guaranteed Availability / Guest Relocation
Hosts with ZenRentals listings are obligated to honor bookings that come through the Tripping site, even if the property has been accidentally booked on other sites for the same dates. If a Host is, or reasonably believes that s/he will be, unable to honor a booking that comes through Tripping, the Host agrees to (i) notify Tripping immediately, (ii) relocate the affected guest to a comparable or better property, and (iii) prepay or make arrangements to cover room charges, transportation and other associated relocation costs for the nights in question. Tripping reserves the right to perform items (ii) and/or (iii) above, in which case the Host agrees to reimburse Tripping for all expenses (including any taxes, applicable room charges and associated guest relocation costs) incurred by Tripping in securing the alternative accommodation.
Hosts agree to treat Tripping guests at least as well as guests who book through their own websites or other third-party channels.
Tripping does not endorse any Hosts, Guests or Accommodations. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, the purported identity of any Site visitor or Member. You are responsible for determining the identity and suitability of others who you contact via the Site and Services.
By using the Site 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 Tripping 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 Tripping regarding the remittance of payments received from a Guest by Tripping on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
SafelyStay Guest Verification
Tripping offers Hosts the option of requiring that Members undergo SafelyStay Guest Verification during the booking process for ZenRentals Listings. This verification costs $20.00 and is paid for by the Host, with the funds taken out of their proceeds from the booking. SafelyStay takes a reasonable approach to Criminal Record Background checks by searching a database maintained by private vendors, who are fully compliant with Federal and State FCRA procedures, and that is regularly updated and is maintained in the United States, with substantial National coverage of criminal histories, Sex Offender Registries, and Federal Criminal records. Should a Member not pass the SafelyStay Guest Verification background check, the booking will not be confirmed and that Member will not be able to book any other ZenRentals Accommodation on Tripping.com. Further, SafelyStay will send a letter by mail within 7 days to the Member with additional information about the denied verification. Members with questions about denied verifications should contact SafelyStay directly at http://www.safelystay.com/contact-us/.
Bookings and Financial Terms
Bookings and Financial Terms for Hosts
If you are a Host and a booking is submitted for your ZenRentals Accommodation via the Site and Services, you will be required to accept the booking. When a booking is requested via the Site and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) the contact information of the Guest and (iii) payment and other details relevant to the booking. When you confirm a booking requested by a Guest, Tripping will send you an email confirming such booking. This email will include the Guest's contact information and we highly recommend that you get in touch with the Guest to confirm details at least 7 days in advance of the Guest's arrival.
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 Tripping which determines the Accommodation Fees. The Accommodation Fee may include a cleaning fee and or the SafelyStay Damage Waiver fee, at the Host's discretion.
Tripping 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. Tripping will collect the Total Fees at the time of booking and will initiate payment of the Accommodation Fees (less Tripping's Host Fees (defined below)) to the Host within 24 hours after the Guest has depated the applicable Accommodation (except to the extent that a refund is due to the Guest).
Appointment of Tripping as Payment Agent for Host
Each Host hereby appoints Tripping 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 Tripping 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, Tripping 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, Tripping assumes no liability for any acts or omissions of the Host.
Bookings and Financial Terms for Guests
The Hosts, not Tripping, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of a ZenRentals 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 Tripping, will be responsible for performing the obligations of any such agreements, that Tripping is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Tripping disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Tripping is not a party to the agreement between you and the Host, Tripping 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 Tripping which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and Tripping is responsible for remitting such amounts, less Tripping's Host Fees, to the Host. In the event that Tripping does not remit any such amounts to a Host, such Host will have recourse only against Tripping.com.
You agree to pay Tripping for the Total Fees for any booking requested by you as a Site visitor or Member. In order to establish a booking pending the applicable Host's confirmation of your requested booking, you understand and agree that Tripping, 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. Tripping 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 Tripping cannot control any fees that may be charged to a Guest by his or her bank related to Tripping's collection of the Total Fees, and Tripping disclaims all liability in this regard.
SafelyStay Damage Waiver
As noted above, Tripping offers Hosts the option to require that Guests purchase a SafelyStay Damage Waiver during the booking process for ZenRental Listings. Hosts can choose between (i) not requiring a Damage Waiver (ii) a $30.00 Damage Waiver covering up to $500.00 in damages and (iii) a $45.00 Damage Waiver covering up to $3,000.00 in damages.. The SafelyStay Damage Waiver is meant to cover accidents including but not limited to carpet spills, furniture tears, broken lamps and misplaced keys. It does not cover damage caused by natural disasters, intentional damage, gross negligence, normal wear and tear, loss of use of the vacation home, the guest's personal possessions, theft or damage caused by someone visiting the registered guest or when the home's occupancy exceeds the stated maximum. Theft and damage caused by others requires a police report and SafelyStay will work with Hosts and Guests to resolve any disputes that may arise as a result of such damages.
In consideration for providing the Services, Tripping collects service fees from Hosts and Guests ( "Service Fees"). Service Fees are made up of two (2) components: (i) a fee that is charged to the Guest based on a percentage of the amount of the Accommodation Fees ("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 after the Guest departs from the applicable Accommodation. Guest Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Tripping to Hosts via check, PayPal, direct deposit or other payment methods described on the Site. Please note that for any payments by Tripping in currencies other than U.S. dollars, Tripping may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If a Guest cancels a booking made via the Site and Services prior to 5:00PM local time 7 days before arrival, (i) Tripping will refund the Total Fees for such booking to the applicable guest within a commercially reasonable time of the cancellation, (ii) the Guest will receive an email from Tripping confirming the cancellation and offering alternative Accommodations and (iii) Tripping will no longer require that the Host pay Service Fees for such booking. If a Guest cancels a booking made via the Site and Services after 5:00PM local time within 7 days of arrival, (i) Tripping will not be able to refund the Total Fees and will instead continue to send all applicable funds to the Host and (ii) the Guest will receive an email from Tripping confirming the cancellation and offering alternative Accommodations.
If a Host cancels a confirmed booking made via the Site prior to 5:00PM local time 7 days before arrival, (i) Tripping will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation (ii) the Guest will receive an email from Tripping confirming the cancellation and offering alternative Accommodations and (iii) Tripping will no longer require that the Host pay Service Fees for such booking. If a Host cancels a confirmed booking made via the Site after 5:00PM local time within 7 days before arrival, (i) Tripping will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation (ii) the Guest will receive an email from Tripping confirming the cancellation and offering alternative Accommodations and (iii) Tripping may elect to keep or collect the Host's Service Fees.
IRS regulation, regarding federal tax reporting requirements, stipulates that Tripping 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. Tripping cannot and does not offer Tax-related advice to any Members of the Site 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, Tripping may issue a valid VAT invoice to such 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 and the damage is not covered by the SafelyStay Damage Waiver, 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 Tripping Account. Tripping also reserves the right to charge the credit card on file in your Tripping Account, or otherwise collect payment from you and pursue any avenues available to Tripping in this regard, in situations in which you have been determined, in Tripping's sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts, and in relation to any payments made by Tripping 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 Tripping (if applicable).
Both Guests and Hosts agree to cooperate with and assist Tripping in good faith, and to provide Tripping with such information and take such actions as may be reasonably requested by Tripping, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by Tripping, SafelyStay or a representative of Tripping regarding use or abuse of the Site or the Services. If you are a Guest, upon Tripping'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 Tripping or a third party selected by Tripping, with respect to losses for which the Host is requesting payment from Tripping.com.
If you are a Guest, you understand and agree that Tripping 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. You agree to cooperate with and assist Tripping in good faith, and to provide Tripping with such information as may be reasonably requested by Tripping 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 Tripping may reasonably request to assist Tripping in accomplishing the foregoing.
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, Services and Content. In connection with your use of our Site 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, Services or Content;
- use the Site 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, 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 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 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 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 or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Tripping 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 Tripping Account or register for an Tripping Account on behalf of an individual other than yourself;
- contact a Host for any purpose other than confirming arrival details or asking a question related to a booking, such Host's Accommodations or Listings;
- contact a Guest for any purpose other than confirming arrival details or asking a question related to a booking or such Guest's use of the Site 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 Tripping, ZenRentals or any of Tripping's partners, without Tripping'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 or Services;
- use the Site and Services to find a Host or Guest and then complete a booking of an Accommodation transaction independent of the Site or Services in order to circumvent the obligation to pay any Service Fees related to Tripping'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 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 any individual element within the Site, Services, Tripping's name, any Tripping trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Tripping's express written consent;
- access, tamper with, or use non-public areas of the Site, Tripping's computer systems, or the technical delivery systems of Tripping's providers;
- attempt to probe, scan, or test the vulnerability of any Tripping system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Tripping or any of Tripping's providers or any other third party (including another user) to protect the Site, Services or Collective 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 or Collective 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 or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Tripping will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Tripping may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Tripping has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site 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. Tripping reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Tripping, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, is the exclusive property of Tripping 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, Services, or Collective Content.
Tripping Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Tripping grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Tripping Content solely for your personal and non-commercial purposes and (ii) access and view any Member 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.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tripping or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Tripping a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services. Tripping does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Tripping the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Tripping's use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Tripping is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Tripping of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Tripping used herein are trademarks or registered trademarks of Tripping.com. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Termination and Tripping Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your Tripping Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Tripping terminates these Terms, or your access to our Site and Services or deactivates or cancels your Tripping Account you will remain liable for all amounts due hereunder. You may cancel your Tripping Account at any time via the "Cancel Account" feature of the Services or by sending an email to firstname.lastname@example.org. Please note that if your Tripping Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services.
IF YOU CHOOSE TO USE THE SITE AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TRIPPING DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TRIPPING EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TRIPPING MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TRIPPING MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRIPPING OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT TRIPPING DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. TRIPPING MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TRIPPING . NOTWITHSTANDING TRIPPING'S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, TRIPPING EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE OR SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TRIPPING WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TRIPPING NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRIPPING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS, IN NO EVENT WILL TRIPPING'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY TRIPPING TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRIPPING AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Tripping and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, (iii) creation of a Listing or (iv) the use, condition or rental of an Accommodation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation.
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Tripping by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Tripping and you regarding the Site, Services, Collective Content and any bookings or Listings of Accommodations made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tripping and you regarding bookings or listings of Accommodations, the Site, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Tripping's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Tripping may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Tripping (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Tripping agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, "Disputes") will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Tripping are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Tripping otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents athttp://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Tripping otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Tripping submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Tripping will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Tripping will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the "Modification" section above, if Tripping changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email toterms@Tripping.com) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Tripping's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Tripping in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Tripping to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tripping.com. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Tripping at firstname.lastname@example.org. Our address is:
1 Hallidie Plaza, 2nd Floor
San Francisco, CA 94102