Owner Terms and Rules

Latest update: 23 February 2023

Travelwada (as defined below) is a trading style of Travelwada Limited, a United Kingdom company. Travelwada (as defined below) provides an online platform and various tools, services, and functions that enable property owners to list properties and guests to book such properties (the “Services”). Services are provided via country-specific URLs and via mobile applications (for mobile phones, tablets,s and other devices or interfaces) on which these terms and conditions are posted, by link or otherwise (collectively, the “Site”). the Site is operated by Travelwada Limited, incorporated and registered in the United Kingdom with registration number 12087082 and having its registered office at 61 Bridge Street, Kington, Herefordshire, England, HR5 3DJ.

Booking payments conducted through the Site (the “Payment Services”) are handled by third-party payment providers, and/or Gamercruel Ltd (in relation to the Payment Services only when payment is made by Bank transfer. Payment Services are subject to the terms and conditions of those Owners, third-party payment providers, or, in the case of Gamercruel Ltd, subject to the Accommodation Fee Collection Agreement.

These terms and conditions (the “Owner Ts&Cs”) together with the Privacy Policy and any party which accesses or uses the Site to offer or list any Property for rent (as defined below), including property owners, lessees, and property managers, (collectively, “Owners” or “you”).

The Owner Ts&Cs constitute a legally binding agreement between Travelwada and the Owner. By using or accessing the Site or Travelwada’s platforms or systems in the capacity of an Owner, you acknowledge that you agree to and are subject to the Owner Ts&Cs. Please note that these Owner Ts&Cs and our Privacy Policy apply to all Owners. If you do not accept and agree to the Owner Ts&Cs without modification, you are not authorized to access or otherwise use the Site.

If the Owner is a company, partnership, or other entity, any person who uses the Site, and/or agrees to the Owner Ts&Cs, on behalf of that Owner, represents that it has the authority to bind the Owner to this Owner Ts&Cs.

Travelwada does not authorize anyone to register with this Site unless they are able to enter into legally binding contracts. Each Owner represents and covenants that all information submitted to us and to the Site during such Owner’s registration with the Site shall be complete, true, and correct. Each Owner further agrees to promptly provide notice to the Site (using the Contact Form) regarding any updates to any such contact information previously submitted by such Owner to the Site.

Travelwada may revise these Owner Ts&Cs at any time by posting an updated version to this web page. You should visit this page periodically to view the most current Owner Ts&Cs because they are binding on you. Owners who violate the Owner Ts&Cs may have their access and use of the Site suspended and their Listings amended and/or removed from the Site, at Travelwada’s discretion, in addition to any other legal rights and remedies available to Travelwada under these Owner Ts&Cs or otherwise available to Travelwada.

This Site is a venue that allows Owners to list one or more properties available for rental (each a “Property” and together the “Properties”) with different pricing formats to potential travelers (and all persons named on the booking) (each, a “Guest” and, collectively with an Owner the “Users”). We may also offer online bookings, instant bookings, or other tools or services to allow Users to communicate with each other and enter into rental agreements or other transactions with each other. Travelwada Site acts only as a platform for Users to interact with each other. Travelwada is not, and does not become, a party to any contractual relationship between the Guest and the Owner in respect of any booking, Property, or payment, and does not mediate between the Guest and the Owner in the event of any dispute arising between them. You acknowledge and agree that the Guest and the Owner will be responsible for performing the obligations of any such agreements, that Travelwada is not a party to such agreements, and that, with the exception of Travelwada Financial obligations under the Accommodation Collection Fee Agreement (if applicable). Travelwada (and each member of Gamercruel Ltd) disclaims all liability arising from or related to any such agreements. This is true even if the Site facilitates a booking for a Property or the use of other Services, as Travelwada is not a party to any rental or other agreement between Guests and Owners.

Responsibility for applicable laws, rules, and regulations Owners and Guests agree that they are responsible for, and agree to abide by, all laws, rules, and regulations applicable to their use of the Site, their use of any Services and any transaction, they enter into either on the Site or in connection with their use of the Site. Owner further agrees they are responsible for and agree to abide by all laws, rules, and regulations applicable to the Listing of their Property and the conduct of their business, including but not limited to any and all laws, rules, regulations, or other requirements relating to taxes, credit cards, data security, data and privacy, permits, planning or license requirements, local authority requirements, health, and safety compliance, and compliance with all anti-discrimination and housing laws, leases, or other property restrictions as applicable.

Please note that for the safety of both the owners and the guests, even if we hold the payments made by the Guest, we are not a party to any rental transaction and take no responsibility for legal or regulatory compliance in relation to the rental of any property listed on the Site, there may be circumstances in which we are nevertheless required or required (as we may determine in our discretion) to provide information relating to any Listing in order to comply with governmental or regulatory bodies in connection with investigations, litigation or administrative procedures and we may choose to comply with or ignore such obligations at our discretion.

Owners agree to properly handle and protect all such information in accordance with applicable legal and regulatory requirements, rules, and/or policies and practices of card association or network operation and/or data security policies of Travelwada and further agree to collect and use such payment information only in connection with an authorized guest reservation and in no other purpose.

Property Listings

Owners may in accordance with these Owner Ts&Cs agree with Travelwada to place on the Site a listing for a specific Property via a pay-per-booking listing (a “Listing”). If you sign up as an Owner on the Site, you will receive our Owner newsletter, which is an integral part of the services we provide. Travelwada may offer different newsletters from time to time intended to enhance the services we or they offer. Owners may either opt-out at the point of signing up or cancel their subscription to these email newsletters at any time through the Communications Preference Centre, although it may take a short while for the changes in your preferences to become effective.

Owner Eligibility for Listings

In order to create a Listing, Owners must comply with the practices described in this clause and any other requirements that may be notified to the Owner by Travelwada from time to time.
Online bookings are required for all Listings. The owner must manage communications, inquiries, and bookings through Travelwada’s platforms and tools. Use of external tools and bookings not processed through Travekwada’s platform is strictly forbidden. Owners who are qualifying Property Managers may apply to Travelwada to enter into a separate Property Manager Listing Contract.

Travelwada reserves the right to decline to place any Listing for any reason, including any Listing which, in Travelwada’s discretion is capable of infringing or being associated with the infringement of, any provision of these Owner Ts&Cs.
The owner must provide only accurate and up-to-date information in each Listing (including the description, rates, taxes, and cancellation policy), and shall not impose different conditions on the Traveller than those set out in the Listing. Failure to comply with the obligations set forth in these Owner Ts&Cs may result in the Owner’s permanent exclusion from the Site and from any of our affiliated sites.

Payment Methods

Payments to Travelwada must be made by the means of payment (payment methods) displayed on the Travelwada website at checkout (Direct Bank Transfer, PayPal). All banking and other fees relating to a payment shall be borne by the Owner.

Each Listing is made without any upfront fee, but in exchange, the Owner will be charged and must pay to Travelwada a commission equal to a percentage of the total rental amount set by the Owner (including any additional fees charged by the Owner) on every booking sourced through the Site (the “Commission”). Travelwada reserves the right to change the rate and/or method for calculating the Commission, with any changes to be notified to the Owner at least 30 days before the new Commission calculation method is applied. The new Commission calculation method will be deemed accepted if the Owner does not remove their Listing by the time the new Commission calculation method is applied. The Commission will be calculated exclusive of any amounts charged for taxes and any other product or service purchased by the Guest and charged by Travelwada, such as insurance products. It is the Owner’s duty to accurately break down the different amounts charged to the Guest.
A description of the applicable fees that apply to each Listing will be displayed when you list your property through the Site. All Listings are subject to additional terms, conditions and requirements as set out during the registration for such Listing (including those of third-party providers). In addition to online bookings, online payments are required for all Listings. Online payments are handled by third-party payment providers and/or Travelwada Financial and are subject to the terms and conditions and privacy policies of such providers and, in the case of Travelwada Financial, subject to the Accommodation Fee Collection Agreement.

Guests pay amounts to Travelwada Financial, and Travelwada Financial will forward to the Owner the amounts paid by the Guest, less Commission, less any applicable GST or other taxes, and less any other applicable amounts. Travelwada Financial will usually forward amounts owing to the Owner within 3 days after the check-in date originally booked by the Guest. For new Owners who have not received payments from Travelwada Financial before, please allow up to 30 days for amounts to be processed and forwarded.

The Owner acknowledges and agrees that if payment from a Guest is processed by a third-party payment provider, Travelwada does not receive the Guest’s payment or forward it to the Owner. Travelwada’s arrangements regarding the collection of payments from a Traveller are set out in the Accommodation Fee Collection Agreement between Travelwada and the Guest. Listings may be displayed on other sites within Travelwada, and on the sites of companies with which Gamercruel Ltd may have signed distribution agreements, to the extent that such sites enable online payment.

However, Travelwada gives no guarantee of publication other than on the Site where the Owner originally registered its Listing and within the limit of Travelwada’s right to publish a Listing or not. Listings will be displayed on the Site indefinitely; however, Travelwada reserves the right to remove or refuse to publish any Listing at any time in its sole discretion. Owners can also suspend or remove their Listing at any time, through their dashboard, or by contacting customer service.

Using the service

Upon registration, an Owner is given a user profile in which the data the Owner contributes is recorded and in which all the Properties offered by that Owner are specified (the “Dashboard”). The Dashboard provides various functions which are intended to assist Owners to manage their Properties through the site; these functions, and the Dashboard itself, are made available on an “as is” basis, and Travelwada does not undertake that the Dashboard or its functions will be complete or error-free.

The “Online booking” feature for Listings allows Guests to make online bookings for the property. In the Dashboard, the Owner can register for the “online payment” service which enables the Guest to make payments to the Owner via an online payments gateway offered by Travelwada Financial or a third-party payment provider. The online payments service is subject to the terms and conditions of the third-party payment provider or subject to the Accommodation Fee Collection Agreement, and Owner accepts that (with exception of Travelwada Financial’s obligations pursuant to the Accommodation Fee Collection Agreement, Travelwada has no control over or any responsibility for online payment services.

In the Dashboard, the Owner also has access to Guest Reviews for the Owner’s Properties and any available Owner Review for a Guest who has contacted the Owner.

Guests and Owners may post reviews on our Site. By posting a review, the person posting the review grants Travelwada a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free, and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the review in connection with the Property, and our business or the business of our affiliates. Guest may also post their own reviews of Owners’ Properties (“Guest Reviews”) on the site. The Owner is given the opportunity to view Guest Reviews, and to respond to them (an “Owner Response”). Owners will also be given the opportunity to review the Guest’s stay (“Owner Review(s)”). Owner expressly warrants that any review so posted must be in accordance with our Content Guidelines.

We reserve the right (but not the obligation) to make Owners Reviews available to other Owners who the Guest contacts via our Site. Owner may not further disclose, make further use of or reference to such Owner Reviews without having the express consent of the Guest to so disclose or use. Please note that Travelwada does not, and does not have any responsibility to, verify the accuracy or otherwise of Guest Reviews or Owner Reviews. Owner Reviews cannot be used to exclude or discriminate against individuals. The Owner acknowledges and agreed that its sole remedy in relation to Guest Reviews, and Travelwada’s sole obligation in relation to Guest Reviews, in the event that an Owner disputes any aspect of a Traveller Review is to permit the Owner to post an Owner Response to it and Travelwada otherwise expressly disclaims any liability for any Guest or Owner Review.

Communications using the Site and any other Services are available for review by the Guest and the Owner who are party to the communication and to view by Travelwada Limited employees and representatives. Please note, in accordance with our security and account requirements, we may remove or redact information from such communications (for example, email addresses, phone numbers, or other content we deem to be inappropriate or non-compliant with applicable laws and regulations). Owners should print a copy for their own records of any message which is important – for example a payment receipt or a booking confirmation.
Messages sent via Travelwada’s systems should only relate to genuine booking inquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Travelwada’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of Users to a third party, unless you have express permission from the User. E-mails and Site recommendations transmitted via the “recommend this site” function should only be sent with the recipient’s consent. You agree that you will protect other Users’ personal information in accordance with applicable laws and regulations and in any event, using a reasonable standard of care, and you assume all liability for the misuse,
loss, or unauthorized transfer of such information.

Appearance in Search Results

Travelwada cannot guarantee that any Listing will appear in any specific order in search results on a Site. Search order will fluctuate based on a variety of factors such as search parameters, Listing quality, how frequently a calendar is updated, Guest preferences, Owner response times, our commission level, compliance with our published requirements, booking history, online booking capability, and other factors that Travelwada may deem important to the user experience from time to time Travelwada reserves the right to apply various search algorithms or to use methods to optimize search results for particular Guest experiences and the overall marketplace. Listings may not always appear in search results. Listings distributed on third-party sites are not guaranteed to display on such third-party sites in any particular order or at all. Search results and orders may appear differently on Travelwada’s mobile application than they appear on its website. To optimize the search experience for both Owners and Guests and improve the search process, Travelwada retains the right to run tests that will be limited in duration but may alter how we display Listings and search results.

Termination

If Travelwada determines, or suspects, that:
• Listings or other content associated with an Owner contain any material that infringes the
, applicable law or regulations or the rights of any person or entity;
• an Owner has submitted unsuitable material to, or misused, the Site;
• an Owner’s Listing or rental practices are unacceptable or unfair (for example, without limitation, if an Owner double-books a Property for multiple Guest on the same date, or where the Owner has online booking enabled, by not accepting bookings when the property is available to book or by canceling bookings that the Owner has previously accepted or engages in any practice that would be considered unfair or improper within the short-term property rental industry);
• the Owner is in material or repeated breach of these Owner Ts&Cs (which shall include, for the avoidance of doubt, any breach of the clause ‘Using the Service’, clause ‘Rights and obligations of the Owner’ or clause ‘Prohibitions’) or any other obligations owed to Travelwada, any Travelwada Affiliate or Guest;
• an Owner has been abusive or offensive to any Guest or employee or representative of Travelwada;
• an Owner has breached these clause
• an Owner whose conversion of Guest inquiries and booking requests to confirmed bookings is significantly lower than the relevant average conversion rate on the Site during the previous 6 months;
• an Owner uses a false identity;
• Travelwada’s systems or communications platforms have been otherwise misused; or
• anything similar to the foregoing has occurred in relation to any of the Travelwada Affiliates, then, without limiting any of its other rights, HomeAway shall be entitled to, at its sole discretion, amend, suspend, or terminate either: any affected Listings, or all Listings associated with that Owner (including, for the avoidance of doubt, any Additional Paid Services relating to those Listings) immediately and without refund of Listing Fees or any other fees or charges paid by the Owner

In addition to reserving the right to amend, suspend or terminate any Listing, Travelwada reserves all rights to respond to any breach of the Terms or misuse of the Site by, including, but not limited to, limiting the Owners use of the Site, hiding or otherwise impacting the ranking of a Listing in search results, marking a member as “out of office,” and removing or changing information that may be false, misleading, or otherwise not compliant with these Owner Ts&Cs or any applicable law or regulation.

Please note that Travelwada assumes no duty to investigate complaints

Rights and obligations of Travelwada

• Travelwada may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Services or content without any prior notice or liability.
• Travelwada will endeavor to reproduce accurately on the Site any photographs supplied by the Owner. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images and due to individual screen settings and that Travelwada shall have no responsibility or liability for any such deviation.
• TRavelwada may occasionally undertake upgrades of the Site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the Site. Travelwada will, where possible, perform such maintenance at a time when most users’ usage is least affected.

Travelwada may conduct identity checks and ask for proof to establish the existence of a Property and/or an Owner and ownership of the Property. The Owner acknowledges that Travelwada is entitled to carry out identity checks and due diligence on the Owner or to require the Owner to prove the existence of a Property. If requested to do so, the Owner agrees to promptly (and in any event within any period requested by Travelwada) supply to Travelwada such proof of identity or of a Property’s existence as Travelwada requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these Owner Ts&Cs.

Any collection, use, disclosure, and care of personal data by Travelwada will be in accordance with its Privacy Policy

The Owner authorizes Travelwada to forward the Owner’s contact details, including telephone number, to the Guest in connection with a Property booking. The Privacy Policy provides further details. Travelwada may where necessary (including to prevent fraudulent behavior of a third party) give an Owner`s contact details to a Guest. The Owner accepts that it has read the Privacy Policy and consents to the processing of data as outlined in those policies.

Travelwada reserves the right to transfer these Owner Ts&Cs and to assign or subcontract any or all of its rights and obligations under these Owner Ts&Cs, to a third party or to any other entity belonging to theTravelwada but will not do so in such a way as to reduce any guarantees given to the Owner under these Owner Ts&Cs.

We may from time to time provide or facilitate services to Owners to create or improve the quality of their Property Listings. We also may from time to time create new or otherwise changed, location or geographic descriptions we use to identify properties in Listings and search results. Consequently, we may change the location or geographic description associated with any Listing.  However, we assume no responsibility to verify the Listing content or the accuracy of the location. Owners are solely responsible for ensuring the accuracy of Listing content and location or geographic descriptions and agree to promptly correct or contact us to correct any inaccuracy.

Where an Owner submits to or transmits through the Site or Travelwada’s platform or systems any content of any type, including text or images, the Owner undertakes that it has the right to do so, and has been granted all the necessary consents or permissions of any owners of featured items. To the extent that the Owner’s reviews or other content may contain trademarks or other proprietary names or marks, the Owner undertakes that it has obtained all requisite legal permissions and rights for Travelwada’s use of such content on the Site.

By submitting content to the Site (and Dashboard) (including but not limited to all text, descriptions, reviews, photographs, and the like), Owners authorize Travelwada to use such content both on the Site and in separately published form and the Owner grants each member of the Travelwada, a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform any such submitted content throughout the world in any media, now known or hereafter devised for any purpose.

To the extent that Owners’ Listings and other submissions may contain trademarks, Owner warrants that they have the right to use them, including sublicensing rights.

Rights and obligations of the Owner

The Owner shall submit accurate, complete, and truthful information about their personal identity, payment data, Property offered in Listings, and other communications using Travelwada systems.
The Owner warrants and represents on an ongoing basis for so long as any Property is listed on the Site or any stay in respect of a booking for a Property is pending:
(i) it owns and/or has all necessary rights and authority to offer for rent and to proceed to take bookings for the Property listed by the Owner;
(ii) it will not wrongfully retain a rental deposit in breach of the underlying rental agreement with the Guest;
(iii) that all of the information provided to Travelwada is accurate and up-to-date, including, but not limited to any and all representations about any Property, its amenities, location, price, and its availability for a specific date or range of dates;
(iv) each Listing relates to an individual and uniquely identified Property;
(v) it will not wrongfully deny any Guest access to any Property, and (vi) it will provide any and all refunds when due in accordance with the applicable cancellation policy or underlying rental agreement.

The Owner undertakes to ensure that the information on the Listing is kept accurate, complete, and up-to-date for the entire time the Listing remains on the Site, and:
(i) if a translation is provided to ensure that it is carefully and correctly translated,
(ii) to comply with the listing guidelines when creating the Listing.

The Owner shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information. The Owner must comply with Travelwada’s Marketplace Standards updated from time to time. These Standards outline certain requirements for Listings including but not limited to the:

• Owner must maintain an accurate reservation calendar on their Listing(s);
• Owner must use commercially reasonable efforts to respond to all booking requests from Guests within 24 hours of receipt of such a request;
• Owner must further agree to take commercially reasonable efforts to cause all Guest payments to be processed within 24 hours of authorization by the Guest for such payment;
• Owner must respond to and accept a material number of inquiries and booking requests received in the interest of the guest experience;
• Owner is prohibited from canceling a material number of accepted bookings.

The Owner undertakes to ensure that the calendar for each Listing is kept accurate and up-to-date to reflect the availability of the relevant Property as it is booked. On date-based searches, Listings with calendars that are out of date may be filtered out of results.

Owners are responsible for ensuring that their Listings do not infringe on the law or the rights of any person or entity. Listings must not contain false information, personal insults, anything libelous, slanderous or defamatory, or anything that infringes copyright or data protection law.

Photographs included in a Listing should accurately depict the Property, must not be false or misleading, must not include people, and must not violate privacy rights, intellectual property rights, or any other rights of a third party.

If any Listing is in breach of these Owner Ts&Cs, Travelwada reserves the right to suspend, amend or terminate the relevant Listing or all Listings associated with the Owner in accordance with these Owner Ts&Cs.

No Listing may be transferred to another party by an Owner. In the event of a Property sale or change in Property management, Travelwada will provide guidance on options for creating a new Listing. If Travelwada, through one of our guarantee or warranty programs in our sole discretion, compensates a Guest for a loss caused by acts or omissions attributable to an Owner, Travelwada reserves the right to pursue the Owner for the amount paid or contributed by Travelwada toward the loss. Owner must not list a Listing on more than one ‘Travelwada’ branded website. Travelwada may remove any Listing which is also listed on another ‘Travelwada’ branded website, under a separate listing.

User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the verification of each User’s purported identity. We encourage Owners and Guests to communicate directly with each other through the tools available on the Site, though even this cannot guarantee the identity of the person with whom you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity.

You agree to:
(i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts,
(ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person,
(iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person or has otherwise been compromised,
(iv) notify us immediately if you are contacted by anyone requesting your online ID and password.

Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and must take any other related action as we may reasonably request. We discourage you from giving anyone access to your online ID and password for your account with us and your email account.

However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want to be performed.

No Listing may be transferred to another party by an Owner. In the event of a Property sale or change in Property management, Travelwada will provide guidance on options for creating a new Listing. If Travelwada, through one of our guarantee or warranty programs in our sole discretion, compensates a Guest for a loss caused by acts or omissions attributable to an Owner, Travelwada reserves the right to pursue the Owner for the amount paid or contributed by Travelwada toward the loss.

Owner must not list a Listing on more than one ‘Travelwada’ branded website. Travelwada may remove any Listing which is also listed on another ‘HomeAway’ branded website, under a separate listing.

Taxes

As an owner you are solely responsible, unless country regulations state otherwise, for determining your obligations to report, collect, remit or include in your Listing any applicable taxes or any other equivalent indirect taxes, sales, occupancy, and tourist taxes, gross receipts, real property or other visitor taxes or income taxes (“Taxes”). Travelwada ( Travelwada Limited) does not provide any tax advice, Owner should consult their own tax specialist.

Tax regulations may require us to collect appropriate Tax information from Owners, withhold Taxes from payouts to Owners, or both. If an Owner fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, withhold such amounts as required by law, or do both until such information is provided. You, the Owner, are solely responsible for keeping the information in your tax forms current, complete and accurate.

The Owner shall be responsible for all charges relating to the Property and the Listings and shall account to the relevant authorities for all applicable Taxes on the payments they receive. HomeAway may be required to collect taxes or any equivalent tax on the Commissions charged to the Owner. Where required, Travelwada will provide the Owner with an invoice stating the amount of Taxes charged on such commissions. If the Owner is entitled to an exemption from any Taxes on the Commission, it must provide Travelwada with the required documentation and support for such an exemption

You understand that any appropriate governmental agency, department, and/or authority (“Tax Authority”) where your Listing is located may require certain taxes to be collected from Guest or Owners related to such Listing and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Rental Amount set by Owners, a set amount per night, an amount based on the number of guests, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Stay Taxes”).

You agree that any claim or cause of action relating to Travelwada’s facilitation of Collection and Remittance of Stay Taxes shall not extend to any supplier or vendor that may be used by Travelwada in connection with the facilitation of Collection and Remittance if any. Owners agree that we may seek additional amounts from you in the event that the Stay Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Stay Taxes collected is a refund of Stay Taxes collected by Travelwada from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

You expressly agree to release, defend, indemnify, and hold Travelwada (Gamercruel Ltd), and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Stay Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Stay Taxes in any amount or at all as to your transactions. For any jurisdiction in which we facilitate Collection and Remittance, Owners expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Listings, and Stay Taxes, including, but not limited to, personally identifiable information such as the Owner’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Guests or allegedly due, contact information and similar information, to the relevant Tax Authority.

Travelwada reserves the right, with prior notice to Owners, to cease the Collection and Remittance of any jurisdiction for any reason at which point Owners are once again solely responsible and liable for the collection and/or remittance of any and all Taxes that may apply to Listings in that jurisdiction. In any jurisdiction in which we have not provided notice of, or are not facilitating (or are no longer facilitating) the collection or remittance of Stay Taxes by Collection and Remittance, or any other means or method, in your jurisdiction, Owners remain solely responsible and liable for the collection and/or remittance of any and all Stay Taxes that may apply to Listings. Owners acknowledge and agree that in some jurisdictions, Travelwada may decide not to facilitate the collection or remittance of Stay Taxes or may not be able to facilitate the collection and/or remittance of Stay Taxes, and nothing contained in these Terms of Service is a representation or guarantee that Travelwada will facilitate collection and/or remittance of Stay Tax anywhere at all, including in any specific jurisdiction, or that Travelwada will continue to facilitate any collection or remittance of Stay Tax in any specific jurisdiction in which it may have been offered. Travelwada reserves the right, in its sole determination, to cease any facilitation of any collection and remittance of Stay Tax (regardless of the method used or to be used in the future) for any reason or no reason at all, provided that it will give Owners reasonable notice in any jurisdiction in which Travelwada determines to cease any such facilitation.

Prohibitions

• The Owner shall not directly or indirectly:
  With respect to the Site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
• Monitor content on the Site or communications with Travellers by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general-purpose internet search engines (not including any website or search engine or another service that provides classified listings or property advertisements, or any subset of the same or which is in the business of providing short-term property rental services or other services that compete with the Site or Travelwada) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with Travelwada’s robots.txt file;
• Use the Site, Travelwada’s platform or systems, or any information provided by a Traveller, for purposes other than permitted by these Owner Ts&Cs;
• Use the Site or the Services for the purpose of booking or soliciting a booking for a property other than a Property under a valid Listing;
• Reproduce any portion of the Site on another website or otherwise, using any device including, but not limited to, the use of a frame or border environment around the Site, or any other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
• Upload or send to the Site (or Travelwada’s platform or systems) any content or programs, which on account of their size or nature might damage Travelwada’s computers or networks;
• Include content on the Site or Travelwada’s platform or systems that breaches any applicable criminal, intellectual property or other laws, or encourages any such breach;
• Use or access the Site or Travelwada’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately that carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a User’s hard disk);
• Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, or profane material;
• Refer to any member of Travelwada or any of their respective affiliates in any way that might lead someone to believe that the Owner, any Property, Listing, or website is sponsored by, affiliated with, or endorsed by any member of the Travelwada or any of their respective affiliates;
• Substitute a Property in a Listing for another Property without the prior consent of Travelwada.

Prohibited substitution activities include:

• Substitution: changing the Property which is displayed in a Listing as that Property becomes booked;
• Offering a Guest who enquires through the Site a different property than the one which is displayed in the relevant Listing,

Where an online booking is enabled, delay its response to booking requests or the processing of Guest payments (Owners with online booking enabled will use commercially reasonable efforts to respond to all booking requests from Travellers within 24 hours of receipt of a request for booking and will also cause all Guest payments to be processed within 24 hours of authorization by the Guest for such payment).

In the event of any breach of this clause by an Owner, Travelwada reserves the right to suspend, amend or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 8 of these Owner Ts&Cs.

Disputes

Travelwada is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims only in accordance with this section. Where any dispute or claims arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, and any dealings with our customer service agents, any services or products provided, and any representations made by us (collectively known as “Claims”), these Claims shall be resolved in accordance with the procedure specified below.
Claims also include any Claims you assert against us, our subsidiaries, travel suppliers, or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Owner Ts&Cs, regardless of whether prior versions of the Owner Ts&Cs required arbitration. You agree to first give us an opportunity to resolve any Claims by contacting us in writing (the “Claims Notice”). If we are not able to resolve your Claims within 60 days of receiving the Claims Notice, you may seek relief through

Ombudsman Service at https://www.ombudsman-services.org/complain-now

Governing law

These Owner Ts&Cs are governed by the laws of the United Kingdom. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

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