Effective date: 1st March 2024
1. Introduction
Welcome to www.Trippnow.com (“Trippnow.com”), the innovative online marketplace that seamlessly connects property owners (“Hosts”) with travelers and guests (“Guests”) looking for unique accommodations around the globe. Our platform offers an extensive array of properties, from urban apartments to secluded treehouses, ensuring a memorable stay for every traveler.
By accessing, browsing, or using the Trippnow.com website, mobile application, and services (collectively, the “Service”), you, whether as a guest or host, agree to be bound by these Terms and Conditions (“Terms”). These Terms govern your access to and use of the Service and all associated content, functionalities, and services offered on or through Trippnow.com.
Please read these Terms carefully before using the Service. If you do not agree to these Terms, you must not access or use the Service. By accepting these Terms, you confirm that you understand and accept to be bound by its entirety.
2. Definitions
In these Terms, the following capitalized terms shall have the meanings set out below:
- “Service” refers to the online platform, tools, services, and functionalities provided by Trippnow.com for connecting Guests with Hosts to facilitate the booking of accommodations.
- “Host(s)” refers to individuals or entities who create listings on Trippnow.com to offer accommodations to Guests.
- “Guest(s)” refers to individuals who use the Service to find and book accommodations listed by Hosts.
- “Listing” refers to an accommodation that is listed by a Host as available for rental via the Service.
- “Content” encompasses text, graphics, images, music, software, audio, video, information, or other materials available through the Service.
- “User”, “you”, and “your” refer to the person, company, or organization that has visited or is using the Service and/or the Platform.
Additional terms, definitions, or explanations may be provided within specific sections of these Terms.
3. Eligibility
To access and use the Service, you must:
- Be at least 18 years old or the age of legal majority in your jurisdiction, whichever is higher.
- Have the power and authority to enter into legally binding contracts.
- Not be barred from using the Service under applicable law or under any other agreement with Trippnow.com.
By using the Service, you represent and warrant that you meet all the above eligibility requirements. If you do not meet all of these criteria, you must not access or use the Service.
4. Account Registration and Use
To utilize certain features of the Service, such as listing an accommodation or booking a stay, you must register and create an account (“Trippnow Account”) and provide certain information about yourself as prompted by the registration form. You agree to:
- Provide accurate, current, and complete information during the registration process and keep your Trippnow Account and public profile page information updated.
- Maintain the confidentiality of your password and account credentials.
- Limit access to your account to yourself and log out from your account at the end of each session.
- Immediately notify Trippnow.com of any unauthorized use of your Trippnow Account.
Trippnow.com reserves the right to suspend or terminate your Trippnow Account and your access to the Service if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
5. Property Listings
As a Host, you may create Listings inviting Guests to book your accommodation. To create a Listing, you will be asked to provide information about the accommodation, including but not limited to its location, capacity, size, features, availability dates, pricing, and related rules and financial terms. In creating a Listing, you confirm and agree that:
- You are solely responsible for all Content that you post and the accuracy and completeness of the Listing and any representations about your accommodation.
- You will not breach any agreements you have entered into with any third parties, such as lease or rental agreements, and will comply with all applicable laws, tax requirements, and other rules and regulations (including having all required permits, licenses, and registrations).
- You are responsible for setting a reasonable price for your Listing and keeping your calendar availability updated.
- Trippnow.com reserves the right, at any discretion, to require that all Listings meet minimum quality standards and to remove any Listings that do not meet these standards or which otherwise violate these Terms.
6. Booking and Reservations
When a Guest wishes to book an accommodation, the Guest will select the desired accommodation on the Service, follow the prompts to complete the reservation, and submit a booking request to the Host. The following terms apply to bookings:
- A booking is considered confirmed only when the Host has accepted the booking request, and the Guest has received a confirmation email from Trippnow.com.
- Upon confirmation, the Guest agrees to pay all charges associated with the booking, including the accommodation price, Trippnow.com service fee, any security deposit, taxes, and any other fees or charges identified during the booking process.
- Hosts and Guests are responsible for any modifications to a booking that they agree to make via the Trippnow.com platform, and agree to pay any additional amounts, fees, or taxes associated with such modifications.
7. Financial Terms
Service Fees and Payment Processing
- Trippnow.com charges a service fee for each booking, calculated as a percentage of the total booking amount, including any additional fees charged by the Host but excluding any security deposit and taxes.
- Guests agree to pay the total booking amount, which includes the accommodation price set by the Host, the service fee, and any other fees or taxes identified during the booking process.
- Payments are processed securely through a third-party payment processor. Guests and Hosts agree to abide by the terms and conditions of the payment processor.
- All financial transactions are conducted in U.S. dollars unless otherwise specified on the platform.
Cancellations and Refunds
- Cancellation policies are set by the Host and may vary among Listings. Guests agree to the cancellation policy selected by the Host at the time of booking.
- In the event of a cancellation, refunds will be processed in accordance with the cancellation policy applicable to the booking.
- Trippnow.com reserves the right to mediate when necessary and has the final say in all dispute resolutions regarding cancellations and refunds.
Misrepresentation of Property by the Host
In addition to the cancellation policy, guests may be eligible for a full or partial refund if the property significantly differs from the description on Trippnow.com. This includes, but is not limited to:
- Missing amenities: If a key amenity listed in the description is unavailable during the guest’s stay (e.g., Wi-Fi, pool access), the guest may be entitled to a partial refund.
- Inaccurate location: If the property’s location is misrepresented on the listing (e.g., significantly farther from advertised attractions), the guest may be eligible for a refund.
- Misrepresentation of condition: If the property’s condition is substantially worse than depicted in the photos and description (e.g., significant damage, uncleanliness), the guest may be entitled to a full or partial refund.
To claim a refund for misrepresentation, guests must contact Trippnow.com customer support within 24 hours of check-in and provide clear documentation, such as photos or messages from the Host, to substantiate the claim. Trippnow.com will investigate the claim and, if verified, will issue a refund to the guest at its discretion. In some cases, Trippnow.com may also assist the guest in finding alternative accommodations.
8. User Conduct
- Users of Trippnow.com agree to not misuse the platform or help anyone else do so. Specifically, users agree not to engage in abusive behavior, to respect the privacy of other users, and to act at all times in accordance with the law and these Terms.
- Users agree not to use the Service to find a Host or Guest and then complete a booking of an accommodation independently to circumvent the obligation to pay any Service Fees related to Trippnow.com’s provision of the Services.
- Any attempt to breach the security of the platform or use the platform’s underlying infrastructure for any purpose not explicitly authorized herein constitutes a violation of these Terms and may result in the immediate termination of your account.
9. Content Ownership and Intellectual Property Rights
Trippnow.com respects the intellectual property rights of others and expects its users to do the same. This policy outlines how we handle copyrights and trademarks on our platform.
Content Ownership
- You retain ownership of the content you submit to Trippnow.com, including photos, descriptions, and reviews.
- By submitting content, you grant Trippnow.com a non-exclusive, worldwide license to use, display, and reproduce the content solely for the purpose of promoting and offering your listings or user profile on the platform.
- You confirm you have all the rights necessary to grant the rights granted herein to any content submitted to the platform.
Trademarks
- Trippnow.com and its logos are trademarks protected by law.
- Users are prohibited from using any Trippnow.com trademarks without written permission.
10. Use of the Platform
- The platform is provided “as is”, and users use it at their own risk. Trippnow.com does not guarantee the accuracy, completeness, or timeliness of any content on the site, including Listings, user profiles, reviews, or recommendations.
- Trippnow.com has the right, but not the obligation, to monitor and edit or remove any activity or content. It takes no responsibility and assumes no liability for any content posted by you or any third party.
- The platform may contain links to third-party websites or resources. Trippnow.com provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources.
11. Privacy and Data Protection
- Trippnow.com is committed to protecting the privacy and security of its users. The Privacy Policy, incorporated by reference into these Terms, describes how we collect, use, process, and disclose personal information of our users.
- By using the Service, you acknowledge that Trippnow.com will use your information as set forth in our Privacy Policy.
- Trippnow.com implements technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure.
12. Security
- The security of your personal information is important to us. Trippnow.com employs measures designed to protect the security of your personal information and user content. However, the Internet is not a 100% secure environment, so we cannot guarantee the security of any information you transmit to Trippnow.com or guarantee that information on the service may not be accessed, disclosed, altered, or destroyed.
- You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password.
13. Changes to the Platform and Terms
- Modifications to the Service: Trippnow.com reserves the right, at its sole discretion, to modify the Service or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the platform or provide you with notice of the modification. By continuing to access or use the Service after we have posted a modification on the platform or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
- User Feedback: We welcome and encourage feedback, comments, and suggestions for improvements to the Service (“Feedback”). You may submit Feedback by emailing us, through the contact information provided on our platform. You acknowledge and agree that all Feedback will become the sole property of Trippnow.com and you hereby assign to Trippnow.com and agree to assign to Trippnow.com all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein.
14. Third-Party Services
- The Service may contain links to third-party websites or resources that are not owned or controlled by Trippnow.com. These links are provided only for your convenience, and you access them at your own risk. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.
- Trippnow.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Trippnow.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
15. Disclaimers
- Trippnow.com provides the Service on an “as is” and “as available” basis. You therefore use the Service at your own risk. Trippnow.com expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You acknowledge that Trippnow.com does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
16. Limitation of Liability
- You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Service, your listing or booking of any accommodations via the Service, and any contact you have with other users of Trippnow.com whether in person or online remains with you. Neither Trippnow.com nor any other party involved in creating, producing, or delivering the Service will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms.
- The limitations of damages set forth above are fundamental elements of the basis of the bargain between Trippnow.com and you.
17. Indemnification
- You agree to release, defend (at Trippnow.com’s option), indemnify, and hold Trippnow.com and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your interaction with any user, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction.
18. Dispute Resolution
- Governing Law: These Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to its conflict-of-law provisions.
- Agreement to Arbitrate: You and Trippnow.com agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark rights, or other intellectual property rights.
- Arbitration Rules and Governing Law: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
19. Jurisdiction and Governing Law
The Services provided by Trippnow.com shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Except for disputes subject to arbitration as described in Section 18, any disputes directly or indirectly arising from the use of the Service shall be resolved exclusively in the federal or state courts located in Delaware. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
20. Cancellation of Service
Trippnow.com reserves the right to cancel the Service or any part thereof, at any time without notice, for any reason, including, without limitation, for breach of these Terms. Upon cancellation, your right to use the Service will stop immediately. You may cancel your Trippnow Account at any time by following the instructions on the Service, which shall not affect any rights and obligations incurred prior to the effective date of cancellation.
21. Feedback and Suggestions
Trippnow.com welcomes your feedback, suggestions, and ideas about the Service and how to improve it. By submitting any feedback, you agree that Trippnow.com is free to use, disclose, reproduce, license, or otherwise distribute, and exploit the feedback provided to us as we see fit, without obligation or restriction of any kind, except as may be set forth in any applicable terms or agreement or in our Privacy Policy.
22. Notices and Communications
By using the Service, you agree to receive electronic communications from Trippnow.com, whether required by law or for marketing or other business-related purposes, to the email address you have provided. We will communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
23. Compliance with Laws
You represent and warrant that: (i) you have the full right, power, and authority to agree to these Terms; (ii) you are of legal age to form a binding contract with Trippnow.com; and (iii) your acceptance and use of the Service will not violate any applicable law or regulation. If you are using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
24. International Use
Although the Service is accessible worldwide, Trippnow.com makes no representation that materials on the Service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Service is void where prohibited.
25. Intellectual Property Infringement
Trippnow.com respects the intellectual property rights of others and expects its users to do the same. We have a policy of removing User Content that violates copyright law or other intellectual property rights, suspending access to the Service (and/or terminating the accounts of repeat infringers in appropriate circumstances).
- Notification of Infringement: If you believe that your copyright or intellectual property rights have been infringed by User Content on Trippnow.com, please provide us with a detailed notice of infringement sent to our designated agent, specifying the nature of the alleged infringement and the specific content or items that you claim infringe your rights.
- Counter-Notice: If your content was removed due to a notice of infringement and you believe the removal was mistaken, you may provide us with a written counter-notice.
- Procedure: Trippnow.com will follow the procedures outlined in the Digital Millennium Copyright Act (DMCA) or equivalent copyright legislation in responding to notices of infringement and counter-notices.
26. Host and Guest Policies
Trippnow.com establishes specific policies and guidelines for Hosts and Guests to ensure a safe, respectful, and enjoyable experience for all users. These policies may include, but are not limited to, eligibility criteria, behavior expectations, and accommodation standards.
- Host Responsibilities: Hosts must accurately describe their listings, adhere to our accommodation standards, and respect the bookings and privacy of Guests.
- Guest Responsibilities: Guests are expected to respect the Host and their accommodation, follow any house rules, and communicate any issues or concerns promptly.
27. Property Damage
In the event of damage to a property listed on Trippnow.com, the following procedures apply:
- Reporting Damage: Guests must report any damage to the accommodation or property to the Host and Trippnow.com as soon as reasonably possible.
- Security Deposits: Hosts may require a security deposit for their accommodation, which will be specified in the listing. Trippnow.com will facilitate the handling of such deposits according to the terms outlined in this agreement.
- Communication and Resolution: Trippnow.com will facilitate communication between the Host and Guest to discuss the damages and seek a resolution. Guests are encouraged to respond promptly and engage in a cooperative dialogue to resolve the issue.
- Guest Non-Responsiveness: If a Guest does not respond promptly to communication attempts from Trippnow.com regarding property damage, Trippnow.com may take the following actions:
- Withhold payout: Trippnow.com may withhold the guest’s security deposit (if applicable) or any remaining balance from their booking until the damage is resolved.
- Collect payment: If the security deposit is insufficient to cover the damages, Trippnow.com may attempt to collect payment from the guest using the payment information on file.
- Report guest: In severe cases, Trippnow.com may report the guest’s behavior to a database of problematic users shared with other short-term rental platforms.
Important Note:
- Trippnow.com does not provide insurance coverage for property damage. Hosts and Guests are encouraged to have their own insurance policies to cover potential damages or losses.
28. Insurance and Liability
Trippnow.com does not offer insurance for Hosts or Guests. Users are solely responsible for obtaining insurance coverage sufficient to protect their properties and trips, including, but not limited to, liability, personal property, and cancellation insurance.
- Liability: Trippnow.com’s role is to facilitate the booking of accommodations and it assumes no liability for personal injury, property damage, or other loss or damage that may occur as a result of using the Service.
29. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Trippnow.com and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Trippnow.com and you regarding the Service and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
30. Contact Information
If you have any questions about these Terms or the Service, please contact Trippnow.com at support@www.globye.com. For legal notices or service of process, you may write to us at the address provided on our platform.