Please read this Booking Agreement (“Booking Agreement”) carefully as the Terms contain important information about your legal rights, remedies and obligations.
By submitting an online reservation you agree to comply with and be bound by this Agreement.
PLEASE NOTE: Section TWENTY EIGHT (28) of this Booking Agreement contains an arbitration clause and Section TWENTY NINE (29) contains a class action waiver that applies to all Bookfully users. If your country of residence is the United States, this provision applies to all disputes with Bookfully. If your country of residence is outside of the United States, this provision applies to any action you bring against Bookfully. It affects how disputes with Bookfully are resolved. You agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
DEFINITIONS. In addition to the Terms defined elsewhere in this Booking Agreement, the following definitions apply throughout this Booking Agreement, unless the contrary intention appears:
"ACH” Means an electronic transfer method utilized by financial institutions in the United States operated by the Automated Clearing House.
“Acquirer” Means a bank or financial institution that processes credit or debit card payments on behalf of a merchant. The acquirer allows merchants to accept Credit Card payments from the card-issuing banks within an association.
“Applicable Charges” Means the Booking rate, Service Fees, any applicable; relevant; or suitable charges including damages caused to a Property by the Traveler or their Guests or the costs or fees relating to or incurred for a Booking.
“‘Arbitration Agreement” Means a contract that states two or more Parties agree to settle a conflict outside of court.
“Automated Clearing House” Means an electronic clearing and settlement system used for financial transactions by commercial banks and other institutions.
“Booking Party” Means the group of Travelers who visit or stay at a Property.
“Bookfully Platform” Means the Website(s), apps, tools, platforms or other devices of Bookfully on which the Service is made available.
“Bookfully Terms” Means provisions forming part of the Agreement. Each term is the backbone of The Agreement and establishes the obligations of the parties to contractual obligations.
“Bookfully Travel Protection” Means a Bookfully Service for Travelers that is designed to cover emergency trip cancellations, lost luggage, flight cancellations and other losses incurred while traveling, either internationally or domestically.
“Bookfully Users” Means persons who are interacting with the Bookfully Platform.
“Booking” Means the act of a Traveler making a monetary payment to reserve a Property, a flight ticket, rental etc. in advance, for a particular date in the future.
“Bookings Broker” Means a firm or a company that acts as an intermediary between Travelers and Hosts/Providers for a fee or commission without having title to the Property.
“Bookings Promoter” Means a firm or company that promotes, advertises, markets, furthers, or encourages Travelers to book travel related Services.
“Business Day” Means 6 a.m. to 5 p.m., PST, Monday through Friday, excluding any federal holiday in the United States or statutory holiday in British Columbia, Canada, or bank holiday in the United Kingdom.
“Card” Means a plastic, contactless, chip-and-pin, magnetic stripe or virtual prepaid debit card, issued by a financial institution or other authorized institution to which a payment may be made via the Services.
“Card Networks” Means networks of issuing and acquiring banks through which payment cards are processed.
“Check-in” Means the arrival date and time of a Traveler for a Booking
“Check-out” Means the departure date and time of a Traveler for a Booking.
“Checked-out” Means the Traveler has departed and completed their Booking.
“Collaborative Payment Service” Means the facilitation of payments by a group towards a shared Booking.
“Concierge Service” Means the customer service desk of Bookfully which can be reached via messenger online chat or such other address as set out in this Agreement.
“Conditions” Means the acts, events, qualifications that affect a party's contractual duty and obligations.
“Credit Card” Means a payment card issued to users (cardholders) to enable the cardholder to pay a merchant for goods and Services based on their credit line or available balance.
“Crypto Currency Payments” Means a decentralized Payment platform that enables users to send Payments in multiple cryptocurrencies.
“Debit Card” Means a Payment card issued to users (cardholders) to enable the cardholder to pay a merchant for goods and Services based on their available balance. Travelers can also use Debit Cards through Bookfully Payments for Direct Deposits and Direct Debits.
e relevant payout amounts under this Agreement directly to the bank account of the Host. “eCheck” Means an electronic version of a paper check used to make Payments online.
“Electronic Funds Transfer” Means a transaction that takes place over a computerized network, either among accounts at the same bank or to different accounts at separate financial institutions.
“‘Exclusions” Means the cases for which the insurance company does not provide coverage. “Fee” Means a charge or Payment for Services or transactions.
“Feedback” Means ideas or suggestions submitted to Bookfully with an automatic non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and suggestions for any purpose, without compensation to Host.
“Financed Booking” Means allowing a Traveler to make a Booking without a full-cash single lump payment (outright payment) that will get paid over time, plus any fees, within a set period of time.
“Force Majeure Event” Means any of the following events affecting multiple Travelers and multiple Properties: acts of God, volcanic eruptions, (natural) disasters, fire, (acts of) war, terrorist activity, plagues, epidemics, pandemics, outbreaks, infectious diseases, communicable diseases or any other public health crisis, including quarantine, hostilities or any local or national emergency, invasions, compliance with any order or request of any national, provincial, port or other public authority, government regulations or interventions, military actions, civil war or terrorism, (biological, chemical or nuclear) explosions, rebellions, riots, insurrection strikes, civil disorder (or the material or substantial threat or justified apprehension of any of the foregoing events), curtailment of transportation facilities, closing of airports or any other exceptional and catastrophic event, circumstance, government actions or regulations, or emergency which makes it impossible or illegal for Travelers to travel to or stay at, or prevents Travelers from traveling to or staying at, the Properties where there are no alternative methods of travel/. “Furnishings” Means items inside a Property that include, among others, such items as furniture, appliances, rugs, cooking utensils, curtains, carpets, and decorations.
“Group Booking” Means a group of Travelers of often 10 or more Booking a Property together.
“Guests” Means persons who visit or stay at a Property Booked by a Traveler.
“Issuer” Means a financial institution or other authorized institution which issues Cards.
“Installment Loan” Means a contractual agreement with Traveler to pay for a Booking over time with a set number of scheduled payments made towards the Booking.
“Late Fees” Means an additional charge a Traveler pays for making a required minimum payment after the due date.
“Live Chat” Means a Service that allows immediate customer support and information. It works as an instant messenger where customers can communicate in real time.
“Messaging Platforms” Means a messaging Service that allows chat support and information.
“Network Partners” Means a third party such as participating banks, money Services businesses, card associations, Issuers, processors and other providers.
“Non-Sufficient Funds (“NSF”) Means the status of a checking account that does not have enough money to cover transactions.
“Offset” Means a withdrawal from one account to diminish an expense toward other account.
“Overbooking” Means a situation when the Property the Traveler reserved for a certain period is not available.
“Parties” Means an individual or businesses who enter into a binding agreement with another contracting Party, thus accepting the obligations, responsibilities, and benefits specified within the agreement.
“Party” Means an individual or business who enters into a binding agreement with another contracting party, thus accepting the obligations, responsibilities, and benefits specified within the agreement.
“Payment” Means the action or process of paying someone or being paid.
“Payment Messages” Means technology for sending short messages to mobile phones or internet connected devices or to a phone number and/or an IP address
“Payment Plan” Means a Payment Installment Plan offered to Eligible Travelers for paying outstanding Booking balances where the Traveler agrees to pay back a certain amount of money on a weekly or monthly basis to pay the balance off.
“Payment Plan Terms & Conditions” Means a binding agreement with contractual obligations for Payment and specific promises made by the Traveler in return for valuable benefits.
“Payment Platforms” Means a software that allows customers to make Payments to the merchant.
“Personal Content” Means the unrestricted, royalty free, transferable, irrevocable and perpetual right and permission to publish, reproduce, distribute, broadcast and/or otherwise use for advertising and other commercial/noncommercial purposes: the persons or companies name, likeness, image and biographical information.
“Policies” Means a deliberate system of principles, rules, and guidelines formulated that are used as a basis for procedures, protocols and a guide to making decisions with rational outcomes.
“Processing Errors” Means a rejection or an error in the processing of any transaction. “Processor” Means a third party that processes credit or debit card payments on behalf of a merchant.
“Properties” Means furnished dwellings that are rented to Travelers on a temporary basis and are typically used for vacations, corporate travel or temporary housing.
“Property” Means a furnished dwelling that is rented to Travelers on a temporary basis and is typically used for vacations, corporate travel or temporary housing.
“Property Content” Means the Property details that the host provides or is displaying online on any website or mobile app such as Property address, size, furnishings, amenities, number of beds and bedrooms, photos, videos, listing descriptions and more.
“Property Manager” Means a person or firm that is contracted for a fee to oversee the day-to-day operations of the Property such as keeping it looking clean, well maintained and making sure it is in good working order when the Property Owner is unable to personally attend to such details, or is not interested in doing so.
“Property Owner”Means the person or company that is on the Deed and owns the Property. “Property Protection Plan” Means a short term rentals insurance program that is designed to reimburse the Property Owner from negligent Traveler caused damage.
“Property Rental Fees”Means the amount of rent received by Host for renting a Property for a period of time.
“Relocation” Means the process of moving a Traveler or group of Travelers from one Property Booking due to it not being available or out of service to a different Property. A Relocation can be to a nearby location within the same neighborhood, or a much farther location in a different city.
“Reservation” Means an arrangement to have something (such as a Property, table, ticket, flight, rental or seat) held for a Traveler to use at a later time.
“Reservation Fees” Means the Service Fee that is added to the Booking as a separate Fee and included in the Travelers total Booking price.
”Risk Reviews”Means an evaluation process that allows individual risk events and overall risks to be understood and managed proactively to mitigate the risks as much as possible.
“Service” Means the Booking system of Bookfully through which Travelers can make Bookings, make and receive Payments, and communication with Concierge Service.
“Service Fees” Means Fees collected to pay for services related to the primary Booking or additional services being purchased which may include transaction, administrative, processing costs and commission Fees paid out to third parties to facilitate the Booking and Payment transactions.
“Site” Means a collection of accessible, and interlinked Web pages.
“SMS” Means a technology for sending short text messages between mobile phones or internet connected devices to a phone number and/or an IP address.
“Social Media Accounts” Means Websites and applications that are designed to allow people or companies to share content quickly, efficiently, and in real-time or create online communities to share information, ideas, personal messages, and other content(such as videos).
“Standards” Means a deliberate system of principles, rules, and guidelines formulated to create consistency and that are used as a basis of measure, value, comparison, and guide to make decisions with rational outcomes.
“Survey Platforms” Means an application used to collect feedback from a targeted sample and get insightful feedback.
“Terms” Means provisions that are the backbone of the agreement with the contractual obligations and specific promises in return for valuable benefits
“The Rental Period” Means the period of time in which a Property is rented to a traveler. An example of this would be the period in between the Check-in and Check-out date and time.
“Total Fees” Means the total Service Fees for a Booking from both the Host/provider and Traveler(s).
“Travel Insurance” Means a type of insurance that protects Travelers from certain financial risks and losses such as emergency trip cancellations, lost luggage, flight cancellations that can occur while traveling. It is a useful protection for Travelers traveling domestically or abroad.
“Traveler” Means a visitor to the Property or a customer of the Booking.
"Traveler Fees” Means the Service Fees paid by Travelers when Booking.
Valid License Means a legal document that grants the Host or service provider the right to do business in a state or city as may be required from local state and city governments.
“Website” Means a collection of accessible, and interlinked Web pages.
1. TERMS AND PARTIES. This is a Booking Agreement ("Booking Agreement") between Bookfully Inc. (Agency of the property) and the Traveler renting the property. In this Booking Agreement the Agency, Property Owner or Property Manager of the property is called "Host." The persons to whom the Property is being rented to are called "Traveler."
Agency Email Address: Itinerary@Bookfully.com
Agency phone Number: +1 (531) 233-BOOK
Agency Live Chat URL: http://m.me/2044322135674159
2. PROPERTY RENTED. Host agrees to rent to Traveler the fully furnished Property.
3. RENT PAYMENTS AND CHARGES. Traveler agrees to pay 50% of the full Reservation amount at the time of Booking unless it’s an eligible Group Booking with an approved Payment Plan and agrees to pay any balance 90 days prior to check-in day.
4. IDENTIFICATION AND VERIFICATION.
A. Traveler understands that there is a required screening and verification process after Traveler books the property and that Traveler will be asked to upload a valid copy of a Government issued ID, Passport or Driver's License for verification and screening purposes.
B. PLEASE NOTE: If you have a criminal background, felonies, are a registered sex offender, or have caused unpaid damages/issues with previous stays anywhere or have received serious negative reviews from other stays anywhere, this sophisticated new screening technology will catch it and unfortunately Host will not be able to accommodate you at the Property. So please save yourself some time and headaches and do not Book the Property if you feel that you will not pass the required screening and verification process.
C. Traveler agrees to take all responsibility that Travelers family and all guests or anyone invited to the Property adhere to all the rules and regulations affecting this Booking. In addition to the Identification and Verification screening detailed above, Traveler is also required to provide the following for their protection, identity verification and to prevent fraud or unauthorized use of their card:
1. A photo of a matching government-issued ID.
2. A Photo of any debit/credit cards used for payments.
(Showing only the last 4 digits for verification and fraud prevention)
3. A signed credit card authorization form for any incidental or additional requested services.
5. PROPERTY PROTECTION PLAN. Any vacation home rental reservations that are approved by Bookfully are required to be enrolled in the Property Protection Plan, a short term rentals insurance program (the "Property Protection Plan"), a unique insurance product designed to protect vacation rental Properties against Traveler caused damage. The Property Protection Plan also covers a Property Owners and Hosts personal liability related to losses that occur during The Rental Period. Any Travelers that do a Booking through the Bookfully Platform will be required to be enrolled in the Property Protection Plan as a condition of Booking a Property with Bookfully. Once the screening system verifies and approves Traveler to stay at the Property Booked, Bookfully will then purchase the required Property Protection Plan on behalf of Traveler for their Stay. Once the Property Protection Plan is purchased, Traveler will then receive a request that makes it super easy to pay for the approved Property Protection Plan with a few clicks. The price of the Property Protection Plan starts at $297.50 and depends on factors such as the value of the Property booked, how many guests Traveler has on the reservation, how many nights were Booked and other factors. Below are some of the Host benefits, Exclusions, Terms and Conditions of the Property Protection Plan:
A. The Property Protection Plan consists of limited personal liability insurance offered to Travelers while the Travelers are occupying the Property during The Rental Period. The Property Protection Plan covers a Travelers liability in the event a Traveler negligently (accidentally) causes damage to the Property. The amount of liability coverage extended to a Traveler is $10,000 in damage to the Property Furnishings and $1M in damage to the structure of the Property, which would include the structure - such as the roof, walls, windows, flooring and systems.
A Travelers family members and invitees are also protected under the Property Protection Plan.
B. The Property Protection Plan also consists of limited personal liability insurance for Hosts and Property Owners while Travelers are occupying the Property during The Rental Period. The Property Protection Plan may cover Hosts liability in the event of bodily injury or Property damage sustained by a Traveler, a Travelers family members or their invitees if a Host or Property Owner was to be found negligent in the maintenance and safety of the Property. Certain liability coverage is also extended to damage to adjacent or neighboring structures as a result of Host or Property Owner negligence.
C. Description of Exclusions and Limitations.(i) Coverage is only in effect for The Rental Period time frame, and (ii) is limited to losses that occur on the Property. (iii) Damage to the Property caused by uninvited persons is excluded (iv) Travelers are not covered for bodily injury losses to a third party caused by a Traveler (v) a Traveler’s liability coverage is limited specifically to damage to the Property caused by the Traveler. (vi) This is not Travel Insurance, and offers no protection (or reimbursement) to Travelers for trip cancellation and interruption, transportation expenses or lost/stolen baggage. (vii) Damage to the Property sustained as a result of natural disasters (earthquakes, floods, hurricanes, hail damage or wind damage) or other damage to the Property sustained as a result of natural disasters or other weather-related events are not covered by the Property Protection Plan. (viii) Property loss to the Host or Property Owner as a result of mysterious disappearance and normal wear and tear is not covered.
D. How to Submit A Claim. If Traveler becomes aware of a loss or incident at the Property that occurred during a Rental Period and that may be covered by the Property Protection Plan, Traveler is to notify Bookfully immediately as soon as Traveler becomes aware of any damage that has happened that may be subject to coverage under the Property Protection Plan because time is of the essence with these types of Claims. Any Claims for damages must be submitted within 24 hours of the incident or before check-out whichever comes first. Traveler is advised that it's better to be upfront if something accidentally breaks during Travelers stay so that Bookfully can help Traveler submit the claim and potentially save the Traveler from having to pay for damages out of Travelers own pocket by simply not reporting it. Traveler must include detailed photos of the damage, a detailed description of the damage, and a description of what happened. Traveler understands that the Property Protection Plan is provided to protect the Property in case of larger damages and that there's a $500.00 deductible that must be paid by Traveler within Seven (7) days of any claim submitted.
E. Additional Information. The description above is only a broad, general summary of the Property Protection Plan. The Terms and Conditions of the third party insurance policies that Bookfully partners with to provide the Bookfully Property Protection Plan will govern the claims adjudication process and all other issues in connection with the Property Protection Plan, including the additional limitations and Exclusions. For additional information on coverage limits and Terms specific to any Host property, please contact Bookfully at firstname.lastname@example.org
F. The Property Protection Plan is offered by a subsidiary underwriting entity of Assurant, which is a premier provider of specialized insurance products and related services in North America and select worldwide markets. Assurant is a Fortune 500 company and a member of the S&P 500, and is traded on the New York Stock Exchange under the symbol AIZ. Assurant has approximately $30 billion in assets and $6 billion in annual revenue. www.assurant.com
6. LIMITED LICENSE TO USE THE BOOKFULLY PLATFORM. Travelers are granted a limited, revocable non-exclusive license to access the Bookfully Platform and the content and Services provided on the Bookfully Platform solely for the purpose of researching or making a reservation all in accordance with the Terms of this Booking Agreement. Any use of the Bookfully Platform that is not for one of these purposes or otherwise in accordance with the Terms of this Agreement or as otherwise authorized by Bookfully in writing is expressly prohibited.
7. NO CONFLICTS. Traveler represents to the Host that it is not a Party to any Contract, agreement or commitment that might impair its ability to perform the duties required of it under this Booking Agreement.
8. AUTHORITY. Traveler represents that the person who has executed this Booking Agreement has the actual and express authority from the entire Party to enter into this Booking Agreement and to bind the entire Party to all of the Terms hereof.
9. USE OF PROPERTY. The Traveler agrees to obey and require the Booking Party or anyone on the Property to obey, all laws and any restrictions that apply to the Property. The Traveler understands that the use of Property is residential only. Traveler understands that Host reserves the right to terminate the Booking Agreement, effective immediately and without refund, if Traveler uses the property for commercial purposes, including but not limited to: parties, film or photo shoots, or unauthorized events of any kind. Traveler also understands that Host also reserves the right to terminate the Booking Agreement, effective immediately and without refund, if the Booking Party is not exactly as described when Traveler booked the Property online.
10. MAINTENANCE. Traveler agrees that the daily maintenance while staying at the Property must be performed by Traveler.
At all times during the Booking Agreement Term, Traveler shall:
A. Comply with all obligations imposed upon Travelers by applicable provisions of building, housing, and health codes;
B. Keep the Property clean and sanitary; if excess cleaning is required Traveler agrees to pay a $375.00 surcharge billed to the account or card on file.
C. Remove all garbage from the dwelling unit in a clean and sanitary manner;
D. Keep all plumbing fixtures in the dwelling unit clean, and sanitary.
E. Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances.
11. UTILITIES. Host shall pay all reasonable charges for water, electricity and internet for Booking Agreement Terms shorter than 90 days. Travelers will pay for additional services, included but not limited to: activities, tours, adventures, experiences, housekeeping, early check-ins, late check-outs, or any other service upgrades.
12. HOST ACCESS TO PROPERTY. Host or Host's Agents may enter the Property in the following circumstances:
A. At any time for the protection or preservation of the Property.
B. After giving notice to the Traveler for repairing or cleaning the Property; or as provided.
C. To inspect the Property; make necessary or agreed-upon repairs; supply agreed services; or under any of the following circumstances:
D. When Traveler unreasonably withholds consent.
E. For showings if the Host has the Property listed for sale.
13. SURVEILLANCE CAMERAS - Traveler acknowledges Hosts right to have surveillance with audio at the entrance and exterior of premises for the protection of the property. If Traveler alters or disables any of the surveillance equipment there will be a $500.00 charge to the Travelers account or card on file to send a technician out to reset and re-calibrate the equipment.
14. ASSIGNMENT AND SUBLETTING. Travelers may NOT assign the Booking Agreement or sub-rental Agreement for all or any part of the Property.
15. RENEWAL/EXTENSION. The Booking Agreement can be renewed or extended only with an online or email confirmation from Bookfully. Extensions must be paid in full prior to extension dates.
16. RISK OF LOSS. Traveler agrees that Host and Property Owner shall not be liable for any loss by reason of damage, theft, or otherwise to the contents, belongings, and personal effects of the Traveler, or Traveler’s family, employees, guests, or visitors.
17. UNPAID BALANCES. Traveler agrees to cover all costs including all court costs, collection costs and attorney fees which may be required to collect any unpaid balances from Traveler.
18. LIBEL. Travelers are encouraged to leave honest, critical, and constructive feedback and reviews. If Traveler attempts to blackmail, defame, or slander Property Owner or Host, Traveler agrees and gives authorization to the review platform to remove the review per this Booking Agreement. Traveler also agrees to cover all legal fees associated and any possible losses originating from Traveler’s malice with specific performance.
19. HAZARDOUS MATERIALS. Traveler agrees to not bring on the Property any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.
20. NO PETS ALLOWED. Traveler understands that unless a Property is clearly advertised as pet friendly or if the Traveler obtained written permission from Bookfully, Pets of any kind are NOT allowed in or on the premises due to allergies from future Travelers. A pet, or evidence of a pet, found on premises may cause immediate eviction from the Host, and the Travelers rent may be forfeited in addition to a $375.00 surcharge for cleaning to protect future Travelers that may have allergies and stay at the Property.
21. MECHANICAL FAILURES. Travelers understand that mechanical failures are rare but do happen. Traveler agrees that no refund or rate adjustment shall be made for unforeseen mechanical failures such as the supply of electricity, telephone service, water, pool filtration systems, pool heaters, hot tub, air conditioning, television, internet service, appliances, etc. Bookfully agrees to do its best to communicate with Host to get any mechanical failures repaired as soon as possible.
22. SUBSTITUTION. Travelers understand that from time to time vacation homes go out of order, or become unavailable or deemed substandard prior to Travelers arrival. If the Property is unavailable for any reason Bookfully will do its best to substitute comparable or better accommodations. The Traveler understands that Relocations can take tremendous resources in time and money to find a substitute comparable or better Property therefore the relocation will be done without a rate adjustment or refund. If comparable accommodations (at Bookfully's sole discretion) are not available, Traveler may receive compensation with complimentary early check-in or late check-out (if available) or receive future day(s) credit towards any of Bookfullys properties at Bookfullys sole discretion. If Bookfully is unable to relocate Traveler to another Property for whatever reason then Traveler will then be entitled to a partial credit or refund on the Booking.
23. EARLY TERMINATION AND CANCELLATION.
A. The Host and Owner have the right to terminate the Booking Agreement without refund if any of the Rental Rules have been violated. The Host may also cancel the Booking Agreement in the following circumstances, including but not limited to: a Force Majeure Event, for major repairs or renovations, as directed by the Property Owner, the Homeowner’s Association, City or State regulations or restrictions.
B. The Traveler may cancel their Booking for any reason and receive a 50% refund of the total reservation amount if written notice is given at least ninety one (91) days prior to check-in date.
C. The Traveler understands and agrees that there will be no refund if their Booking is cancelled within ninety (90) days of check-in day.
D. If Traveler is not satisfied with the property, Traveler is free to book other accommodations without refund. If Host’s other properties are available, Host may offer additional options with a relocation cost.
E. In the event that Traveler cancels a reservation at least 90 days prior to check-in date for reasons beyond their control, and provides the requested evidence and submits the Bookfully credit consideration form, the Booking amount will not be refunded but will be credited into their Bookfully wallet and be valid for two years from the original Booking date and may be used as a credit for a future stay at any of Bookfullys available Properties worldwide at Bookfully's sole discretion. Note that travel funds must be used by the Traveler whose name is listed on the Booking. A rate difference will apply for more expensive Bookings. The Traveler will just have to pay any rate difference that applies when Traveler re-books.
F. In the event there is a Force Majeure Event that makes it impossible for Traveler to travel to the Property where there are no alternative methods to travel (normally a Traveler would have to pay a 50% cancellation fee with a cancelled Booking) under a qualified Force Majeure Event Traveler can cancel their Booking for free, and any funds paid by the Traveler that includes all service fees, will be credited into their Bookfully wallet and be valid for two years from the original Booking date and may be used as a credit for a future stay at any of Bookfullys available Properties worldwide. Note that travel funds must be used by the person whose name is listed on the Booking. A rate difference will apply for more expensive Bookings. The Traveler will just have to pay any rate difference that applies when Traveler re-books. If the new Booking is priced less than the one originally Booked, the difference will not be refunded. In order to cancel under this policy, Traveler will be required to attest the facts and/or provide supporting documentation of a qualified Force Majeure Event.
24. PROPERTY RULES AND REQUIREMENTS. Traveler agrees to abide by the Rental Rules attached at all times while at the Property and shall cause all members of the Booking Party and anyone else on the Property to abide by the following rules at all times while at the Property:
A. An ID is required for each guest in the Booking Party. A copy of the credit/debit card used to book the Reservation showing the last digits of the card for verification and matching ID must be provided right after booking the Property.
B. The number of Guests must match what’s on the Reservation at the time of Booking. Any additional Guests must be authorized and approved prior to the Check-in date. If any additional Guests are discovered through property surveillance equipment or by visual inspection there will be an additional fee of $100.00 per Guest per night fine to the Travelers account or card on file and may also cause an instant eviction from the Host with no refund. Please be honest about the total amount of people in your Party to avoid any issues.
C. Loud music or noise is not permitted at the Property at any time in order to not disturb any of the neighbors. The first noise alert or complaint from any resident will result in a warning and $500 fine to the Travelers account or card on file. A second noise complaint may cause the Host to terminate the Booking Agreement without any refunds. Please be respectful of neighbors to avoid any issues.
D. Parties are not permitted the Property. No guests are allowed onto the Property other than those in the Booking Party. Use of property is residential only. If a Party is discovered through property surveillance equipment or reported by any resident the Host may terminate the Booking Agreement with an immediate eviction and without any refunds. If you are needing to have a Party as part of your trip please communicate and coordinate with your VIP Concierge Service so that we can make the best recommendations and avoid any issues.
E. If police are called to the Property, the Booking Agreement may be terminated effective immediately from the Host without any refund.
F. Traveler agrees to not bring any loud sound systems (including portable Bluetooth speakers) or musical instruments to the Property.
G. Traveler agrees to require all other persons on the Property to act, in a manner that does not disturb any neighbors or constitute a breach of the peace. If the Travelers Party causes any issues with neighbors, Host has the right to terminate the Booking Agreement immediately without any refunds.
H. Traveler agrees to not flush anything other than toilet paper. No feminine products should be flushed at any time. If it is found that restricted items have been flushed and clog the plumbing system, the Traveler will be charged any repair charges to the Travelers account or card on file.
I. Traveler understands that Pets are not permitted on the Property (unless the Property is advertised as per friendly) due to future Traveler allergies. Traveler agrees that If any pets are detected at the property through the Property surveillance equipment or other methods or traces of unauthorized pets are found at the Property there will be a $500 fine to Travelers account or card on file. Host also has the right to terminate the Booking Agreement immediately without any refunds. Please do not try to sneak any pets in to avoid any issues.
J. Traveler understands that Parking is limited to 4 vehicles. Traveler understands that any unauthorized vehicles or any illegally parked vehicles may be towed at Travelers expense. Please Park in the driveway or Property parking lot ONLY to avoid any issues. Travelers agree to not bring any commercial vehicles, boats, RVs, or trailers without prior approval from Host.
K. Traveler agrees to not make any alterations, including hanging pictures, posters, banners, or other decorations, or move furniture around in the Property. In the event that it is discovered that the furniture was moved and needs to be rearranged there will be a $500 fine to the Travelers account or card on file to send a moving team to rearrange and put the furniture back the way it was.
L. Traveler agrees to not smoke inside the Property at any time. If the Property smells like smoke, or smoking inside the property is detected from the smoke monitoring devices there will be a $500.00 smoking smell removal surcharge to the Travelers card or account on file.
M. Traveler agrees to not bring any dangerous or flammable items that might increase the danger of fire or damage on the Property. Travelers agree to completely Turn off propane after grilling.
N. Traveler agrees to not create any environmental hazards, including fireworks, on or about the Property.
O. Traveler agrees to not destroy, deface, or remove any part of the Property, nor permit any person to do so.
P. Traveler agrees to use appliances for their intended uses only.
Q. Traveler agrees the AC thermostat will not be set below 69 and to keep all windows and doors closed while using the AC. If Traveler puts the thermostat below 69 and causes the AC system to overwork or to freeze. There will be a $500.00 charge to the Travelers card or account on file to clean out and restore the AC system.
R. Traveler agrees to not send or receive any mail or packages to the Property.
S. Traveler agrees any fines received from Travelers use of the Property are the responsibility of Traveler and Traveler agrees that any fines received will be billed to the Travelers card or account on file.
T. Traveler understands that Check out time is at 10 AM (unless a late check-out package was arranged and purchased) if Traveler does not check out before 10 AM there will be a $50 charge for every 15 minutes beyond 10 AM billed to the Travelers card or account on file. The cleaning companies are scheduled to arrive at 10 AM sharp due to other families possibly arriving the same day so please check-out on time to avoid any issues.
25. WAIVER OF LIABILITY AND INDEMNITY. IN CONSIDERATION for Traveler being permitted to enter the Property for vacation rental or any other purpose, the Traveler, for himself/herself, his/her personal representatives, guests, children, heirs, guests and next of kin, acknowledges, agrees, and represents that he/she has or will immediately upon entering, and will continuously thereafter, thoroughly inspect such areas and his/her continued presence constitutes an acknowledgment that he/she has inspected the entire Property and he/she finds and accepts such areas as being safe and reasonably suited for the purposes of his/her use, and he/she further agrees and warrants that if, at any time, he/she feels anything to be unsafe, he/she and all guests will immediately leave the area and advise appropriate persons.
B. THE Traveler hereby WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Bookfully Inc. as company or corporate representatives, their members, managers, operators, officials, officers, directors, employees, Hosts, Property Owners and lessees of the Property, all for the purposes herein referred to as “Booking Agreement”, from all liability to the Traveler, guests, representatives, assigns, heirs and next of kin for any and all loss or damage, and any claim or demand thereof on account of INJURY to the person(s) or property or resulting in DEATH of the Traveler or guests, whether caused by the negligence of the Booking Agreement or otherwise while in or upon the property area.
C. THE Traveler hereby AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS from any loss, liability, damage, or cost that may occur due to their presence in or upon the area and whether caused by the negligence of the Booking agreement or otherwise.
D. The Traveler understands and agrees that use of a pool, hot tub, and/or grill carries risk that may result in serious injury or death, and unsupervised use by children is prohibited. Elderly persons, pregnant ladies, infants and anyone subject to heart disease, diabetes, low or high blood pressure, strokes, epilepsy or similar afflictions should not enter a hot tub/spa alone and without consulting their physician.
E. The Traveler agrees to not use the grill, pool or hot tub while under the influence of drugs or alcohol. If the Traveler is taking medication of any kind, or being treated for any illness, Traveler agrees to consult their physician prior to use of a hot tub/spa. Travelers agree to supervise children at all times to decrease the risk of injury or drowning. Traveler agrees that before anyone uses a hot tub, the Traveler agrees to first test the safety of water by checking temperature.
F. THE Traveler agrees to ASSUME FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of the Booking Agreement or otherwise while in or upon the Property area.
G. THE Traveler hereby certifies that he/she and guests (they) have adequate insurance to cover any injury, illness or damage that may be caused or suffered while in or upon the Property area, or else agrees to bear the costs of such damage or injury.
H. The Traveler further represents that he/she/they have no medical conditions which would interfere with the use of hot tub, swimming, grilling, climbing stairs, etc. or else assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition and expressly acknowledges such physical activities are dangerous and involve the risk of serious injury and/or death and/or property damage.
I.The Traveler further expressly agrees that the foregoing Booking Agreement, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by law and that if any provision is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
J. The Traveler HAS READ, UNDERSTANDS THE RISKS, AND VOLUNTARILY AGREES TO THE Booking Agreement AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.
26. GOVERNING LAW. The parties agree that this Booking Agreement shall be deemed entered into in the State of Florida that it will be performed in part in the State of Florida and is to be construed and governed by the laws of the State of Florida, without regard to any conflicts of law principles. The parties agree to submit to the personal jurisdiction of Florida and that any legal or equitable action or proceeding between the parties arising out of or related to this Booking Agreement, or the subject matter of this Booking Agreement, must be brought in state or federal court in Manatee County, Florida. The Parties further agree that in any proceeding whether legal or equitable arising out of, or related to, this Booking Agreement, or the subject thereof, the prevailing Party shall recover all reasonable attorneys fees and all reasonable costs associated with the proceeding, specifically including, but not limited to, the costs of expert witnesses, and the costs of collection of any judgment which may be awarded to the prevailing Party.
27. DISPUTE RESOLUTION. In the event of a dispute, the Parties shall attempt to meditate the dispute among themselves for thirty (30) days. If the Parties are unable to come up with a resolution within this time period then the Parties agree to hire a neutral third party mediator, and the mediation hearing to be held in Bradenton, Florida (cost to be split by both Parties equally) to assist the Parties in coming to an agreement prior to any Party beginning litigation or Arbitration as specified in the next section below:
28. ARBITRATION. The “Parties” agree that any and all disputes, claims or controversies that may arise under, out of, or related to this Agreement or the breach or subject thereof, rising out of or relating to: (i) the rights or duties of the Parties (ii) common laws or (iii) the determination of the breach (iv) termination (v) enforcement (vi) interpretation or validity thereof (vii) including the determination of the scope or applicability of this section TWENTY EIGHT (28), shall be settled by binding arbitration in accordance with the rules of net-ARB.com with a panel of three arbitrators that will decide the outcome. The costs of the arbitration, including fees to be paid to the arbitrators, shall be initially borne by the Party seeking arbitration and later shared equally by the Parties to the Dispute. Each Party shall bear the cost of preparing and presenting its case to the arbitrators including but not limited to attorney fees,and expert witness fees. The arbitrators decision will be binding and may not be appealed. Judgment on the Award may be entered in any court having jurisdiction. The Parties agree and acknowledge that they are waiving any right to a trial by jury and to have the liabilities for causes of action or claims for relief and any damages determined by and through a judicial proceeding.
29. NO CLASS ACTIONS. Traveler and Bookfully agree that, to the fullest extent permitted by law, both parties are waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless both Traveler and Bookfully otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section TWENTY NINE (29) is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section TWENTY NINE (29) is held unenforceable with respect to any Dispute, those waivers may be severed from the Arbitration Agreement and both Traveler and Bookfully agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
30. LIABILITY. Traveler acknowledges and agrees that, to the maximum extent permitted by law, the entire risk arising out of Traveler Booking or staying at any Property. Neither Bookfully nor any other Party involved in providing the Service will be liable for any incidental, special, exemplary or consequential damages, including loss of money, loss of time or loss of goodwill, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) this Booking Agreement, (ii) from the use of or inability to use the Bookfully Platform or Property, (iii) from any communications, interactions or meetings with other Users or other persons with whom Traveler communicates, interacts or meets with as a result of Travelers use of the Bookfully Platform, or (iv) from Travelers Booking of any Property, including the provision or use of a Hosts Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Bookfully has been informed of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. (v) Traveler agrees in no event will Bookfullys aggregate liability arising out of or in connection with this Booking Agreement or use of the Bookfully Platform including, but not limited to any Booking Reservations made or from staying or Booking any of the Properties, or from the use of or inability to use the Bookfully Platform or Collective Content and in connection with any Booking, Experience, Service, Product, Event, or any other Service booked thru the Bookfully Platform, the Bookfully Payment Service, or interactions with any other Bookfully Users, exceed the amounts paid by Traveler to Bookfully for the Reservation giving rise to the liability, or one hundred U.S. dollars (US$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 Booking Agreement between Bookfully and Traveler. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to Traveler. If a Traveler resides outside of the U.S., this does not affect Bookfullys liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
31. INDEMNIFICATION. To the maximum extent permitted by applicable law, Traveler agrees to release, defend (at Bookfully’s option), indemnify, and hold Bookfully and its Hosts, Property Owners, Affiliates and subsidiaries, including but not limited to, Bookfullys officers, directors, employees, Affiliates 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) the Traveler breach of this Booking Agreement, Bookfully Terms, Policies or Standards, (b) Travelers improper use of the Property or Bookfully Platform or any Bookfully Services, (c) Travelers interaction with any person or staying at any of the Properties (d) participation in any Experience, Event or other Host Service (e) participation in the Collaborative Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, accommodation, participation or use, (f) Travelers breach of any laws, regulations or third party rights. (g) any breach of this Booking Agreement by the Traveler, or (h) any claim from any third party based on any (alleged) infringement of the third party's intellectual property rights or (i) any claims made by Property neighbors concerning damage caused to their property or (j) Hosts Overbooking (k) all other claims which are fully or partially attributable to or for the risk and account of the Property (including its directors, employees, agents, representatives and the premises of the Property) (including claims related to (lack of) Services provided or any additional products or Services offered by Host or which arise due to tort, fraud, willful misconduct, negligence or breach of contract (including the Traveler Booking) by or attributable to the Property (including its directors, employees, agents, representatives and the premises of the Property) with respect to a Traveler or the Property; and (l) all claims against Bookfully based on the Services or other charges hereunder in the relevant jurisdiction (including Booking price and commission Payments) and (j) Traveler agrees that In no event shall Bookfully be liable to Traveler for any indirect, special, punitive, incidental or consequential damages or losses, including loss of funds, loss of reservations, loss of or damage to goodwill or reputation, loss of claim, whether such damages are (alleged as) a result of a breach of this Booking Agreement, tort or otherwise (even if advised of the possibility of such damages or losses) All such damages and losses are hereby expressly waived and disclaimed.
32. THIRD PARTY CLAIMS. In the event of a third party claim, the Parties shall act in good faith and use their commercially reasonable efforts to consult, cooperate and assist each other in the defense and/or settlement of such claim, whereas the indemnifying Party shall be entitled to take over a claim and assume the defense (in consultation and agreement with the indemnified Party and with due observance of both Parties' interests), and neither Party shall make any admission, file any papers, consent to the entry of any judgment or enter into any compromise or settlement without the prior written consent of the other Party (which shall not unreasonably be withheld, delayed or conditioned).
33. NO WARRANTY. UNDER NO CIRCUMSTANCES SHALL BOOKFULLY, its officers, agents or anyone else involved in creating, producing or distributing its Services BE LIABLE TO TRAVELER OR TRAVELER GUESTS OR ANYONE IN TRAVELERS PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF MONEY OR LOST RESERVATIONS (EVEN IF BOOKFULLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY OR ANY OTHER THEORY OF LEGAL OR EQUITABLE LIABILITY ARISING FROM THIS Booking AGREEMENT OR RELATED TO THE SUBJECT OF THIS AGREEMENT, OR ANY ASPECT OF THE RELATIONSHIP PROVIDED HEREIN. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF ANY REMEDIES HEREUNDER AND APPLY REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BOOKFULLY'S SOLE LIABILITY TO HOST FOR BREACH OF THIS AGREEMENT SHALL BE (US$100). BOOKFULLY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT RESTRICTED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, BOOKFULLY MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND WITH RESPECT TO ANY MATTERS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ATTACHMENTS HERETO, AND THE WARRANTIES, IF ANY, SET FORTH IN THIS AGREEMENT ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS.
34. DISCLAIMERS. If Traveler chooses to Book a Property from Bookfully or use the Bookfully Platform, Bookfully Payments, Property Protection Plan, Collective Content or any other Service offered by Bookfully, Traveler agrees to do so voluntarily and at Travelers sole risk. The Bookfully Platform, Services and Properties it represents are provided “as is”without warranty of any kind, either expressed or implied. Traveler agrees that they have had whatever opportunity they deem necessary to investigate the Bookfully Services, laws, rules, or regulations that may be applicable to Properties and/or Traveler Services. Traveler is receiving and is not relying upon any statement of law or fact made by Bookfully relating to Properties or Bookfully Services. If Bookfully chooses to conduct identity verification or background checks on any Host, to the extent permitted by applicable law, Bookfully disclaims warranties of any kind, either expressed or implied, that such checks will identify prior misconduct by a Host or guarantee that a Host will not engage in misconduct in the future. Traveler agrees that the Bookfully Services may carry inherent risk, and by participating in such Services, Traveler chooses to assume those risks voluntarily. Travelers freely and willfully assume those risks by choosing to participate in the Bookfully Services. Traveler assumes full responsibility for all risks that may come with Booking or staying at a Property and to the maximum extent permitted by law, Traveler agrees to release and hold harmless Bookfully from all liabilities and claims that arise in any way from or in any way. The foregoing disclaimers apply to the maximum extent permitted by law. Travelers may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law. Any damages that are (alleged as) a result of a Bookfully breach of contract, tort or otherwise (even if advised of the possibility of such damages or losses), Traveler agrees that all such damages and losses are hereby expressly waived and disclaimed.
35. WAIVER. No failure of either Party to enforce any of its rights under this Booking Agreement will act as a waiver of such rights. No waiver by either Party of any breach of any provision herein shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
36. WAIVER OF JURY TRIAL. Host AND Traveler HAVE SPECIFICALLY WAIVED THE RIGHT TO A JURY TRIAL CONCERNING ANY DISPUTES WHICH MAY ARISE CONCERNING THIS Booking AGREEMENT, SPECIFICALLY BUT NOT LIMITED TO, ANY ISSUES INVOLVING TRAVELERS TENANCY.
37. CUMULATIVE RIGHTS. Any specific right or remedy provided in this Booking Agreement will not be exclusive but will be cumulative of all other rights and remedies.
38. ATTORNEYS' FEES. In any lawsuit brought to enforce the Booking Agreement or under applicable law, Bookfully, Host and Property Owner may recover their reasonable court costs, including attorneys’ fees, from the Traveler.
39. CONSTRUCTION SEVERABILITY. Traveler agrees that it has had the opportunity to seek the advice of independent legal counsel and has read and understood all of the Terms and Conditions of this Booking Agreement. This Booking Agreement shall not be construed against either Party by reason of its drafting. In the event that any provision of this Booking Agreement is held invalid or unenforceable by a court with jurisdiction over the parties to the Booking Agreement (a) such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (b) the remaining Terms, provisions, covenants, and restrictions of the Booking Agreement will remain in full force and effect.
40. NOTICES. All notices and communications must be in English, in writing, and sent by facsimile, email or nationally recognized overnight air courier to the applicable facsimile number or address set out in this Booking Agreement. Notice will be effective on the date of receipt is confirmed. However, if Traveler provides notice relating to any legal dispute or claim relating to an alleged breach of this Booking Agreement, Traveler will send a copy of the notice via express mail or courier to the address of Bookfully set forth in this Booking Agreement, with the heading “Attention: Legal Department.” and a copy via email to: email@example.com with the subject line: “Attention: Legal Department”
41. PAYMENT PLAN. Bookfully offers a Payment Plan for Group Bookings described below under the following Payment Plan Terms and Conditions (“Payment Plan Terms & Conditions”). When you enroll in the Payment Plan. By connecting your account you are agreeing to these Payment Plan Terms & Conditions. Please read these Payment Plan Terms and Conditions carefully. You should print a copy of this Agreement for your records.
A. PAYMENT PLAN. The Bookfully Payment Plan Agreement (“Payment Plan”) is between you and Bookfully Inc. (“Bookfully”) when you make a Booking for a Group Booking (“ Group Booking”) from Bookfully (as defined). The Payment Plan is made available to you to enable you to pay for the Booking pursuant to an Installment Payment Plan.
C. FIRST INSTALLMENT PAYMENT. Your first Installment Payment under your Installment Loan will be authorized on the bank account you provide at the time of Booking, and will be processed within three (3) days.
D. SUBSEQUENT INSTALLMENT PAYMENTS. After your first Installment Payment, the bank account you provided will be automatically charged on a weekly or monthly basis under the terms of the Installment Loan.
E. PROMISE TO PAY. In consideration for Bookfully to reserve a Property for your Group Booking, You promise to pay to Bookfully the full balance of Your Booking and all applicable Service Fees shown under the Payment Plan Terms & Conditions, subject to the provisions of this Agreement. You agree that you will not attempt to reduce any amount owed to Bookfully pursuant to this Agreement for any reason whatsoever. You agree that Bookfully may appoint third party collections agencies to collect any amounts owed to Bookfully under this Agreement without your consent.
F. PREPAYMENT. You have the right to prepay Bookfully the entire unpaid Balance of Your Booking at any time without a penalty.
BOOKFULLY DOES NOT GIVE ANY EXPRESS WARRANTY OR GUARANTEE AS TO THE SUITABILITY, RELIABILITY OR AVAILABILITY OF THE PAYMENT PLAN FEATURE. BOOKFULLY SHALL NOT BEAR ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON SERVICES INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CONNECTED ACCOUNT IS CHARGED, except to the extent that such fees or charges arise as a result of error or system failure. If any fees or charges are imposed as a result of error or system failure, please provide Bookfully with a copy of the relevant records, and if Bookfully determines such error was made then you will be reimbursed for the relevant fees or charges.
H. PAYMENT MESSAGES. As part of the Bookfully Payment Plan feature, Bookfully may send you SMS, Email, Instant Message, Push Notification or other types of notification messages (“Payment Messages”). You agree to receive Payment Messages regarding the Payment Plan feature. You understand that such Payment Messages may be placed using automatic messaging technology and may include automated messages. You understand and agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier. If you wish to withdraw your consent to have communications provided via SMS, you may opt-out by turning off these messages in your account settings. Any request will be effective only after a reasonable period of time to process the request. If you withdraw consent, you may be prevented from using the Bookfully Payment Plan feature in the future. You understand that we may also send you important notifications, introduction of new features, special promotions and discounts that may be of interest to you including but not limited to targeted offers, or other special announcements.
41. ENTIRE AGREEMENT. This Booking Agreement and the Terms, along with all Booking Orders, statements, confirmation, and communications related to the Reservation, comprise the entire agreement between the Parties relating to its subject matter. In case of a conflict between any provision of this Booking Agreement and any of the Terms or other documents, the provisions set forth in this Booking Agreement shall prevail. In the event that Traveler previously entered into an agreement or any similar agreement with Bookfully, this Booking Agreement will automatically replace and supersede any and all such prior agreements in its or their entirety, as of the Effective Date.
42. MODIFICATION OF THESE TERMS. Bookfully reserves the right to modify these Terms at any time in accordance with this provision. If Bookfully makes changes to these Terms, Bookfully will post the revised Terms on the Bookfully Website and update the “Last Updated” date at the top of these Terms. Bookfully will also provide Traveler with notice of the modifications by email at least thirty (30) days before the date they become effective. If Traveler disagrees with the revised Terms, Traveler may terminate this Booking Agreement with immediate effect. Bookfully will inform Traveler about Travelers right to terminate the Booking Agreement in the notification email. If Traveler does not terminate the Booking Agreement before the date the revised Terms become effective, this will constitute acceptance of the revised Terms.
43. ELECTRONIC SIGNATURES. Any signature (including any electronic symbol or process attached to, or associated with, a contract, insertion order or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record) hereto or to any other certificate, agreement or document related to this transaction, and any contract formation or record-keeping through electronic means shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based record keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any similar state law based on the Uniform Electronic Transactions Act, and the parties hereby waive any objection to the contrary.
44. BOOKFULLY LEGAL CONTACT. If you have any questions about these Terms please email firstname.lastname@example.org
45. RIGHT OF RESCISSION. There is a three (3) day right of rescission of this Booking Agreement after making your reservation. You can cancel this Booking Agreement any time within 3 days of making your Reservation. Any rescission must be in writing and delivered to Bookfully within the rescission period before the close of business.
THE TRAVELER HAS READ, UNDERSTANDS THE RISKS AND BENEFITS OF THIS Booking AGREEMENT, AND VOLUNTARILY AGREES TO THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, AND TRAVELER STATES THAT HE/SHE HAS BEEN GIVEN THE OPTION TO CONSULT WITH AN ATTORNEY AS TO THIS AGREEMENT. TRAVELER FURTHER AGREES THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.