Basic Rental Guarantee from HomeAway - Terms and Conditions
When you request reimbursement under the HomeAway Basic Rental Guarantee from HomeAway® (HomeAway Basic Rental Guarantee”), you agree with, accept and are subject to these terms and conditions (the “Terms”). As detailed below, the HomeAway Basic Rental Guarantee Program is intended to provide protection against Internet Fraud (as defined below) for deposits or rental fees which are:
- paid outside of HomeAway Payments™; with protection for losses up to a maximum of Seven Hundred Pounds (£700).
- paid online through HomeAway Payments; with protection for losses up to a maximum of Ten-Thousand Pounds (£10,000.00).
1. Payment Traveller Program Guidelines.
1.1 Program Requirements
You may qualify for the Payment Traveller Program if you satisfy all of the following requirements:
- Find, enquire about, and pay to rent a holiday rental property advertised in the HomeAway community of websites: HomeAway.com, VRBO.com, VacationRentals.com, Holiday-Rentals.co.uk, HomeAway.com.au, , OwnersDirect.co.uk, HomeAway FeWo-direkt.de, Homelidays.com, AlugueTemporada.com.br, Abritel.fr, HomeAway.nl, HomeAway.pt, HomeAway.es, HomeAway.it, HomeAway.dk, HomeAway.se, HomeAway.fi, HomeAway.ca, HomeAway.no, and HomeAway.com.mx (collectively, “HomeAway” or the “HomeAway Sites”);
- Submit a HomeAway Basic Rental Guarantee Reimbursement Request Form (the “Request Form”) within the required time periods set forth below. A traveller who properly submits a Request Form is hereafter referred to as an “Eligible Traveller” (PLEASE NOTE THAT IN ORDER TO BE AN ELIGIBLE TRAVELLER UNDER THE BASIC RENTAL GUARANTEE PROGRAM, THE LISTING OF THE SUBJECT RENTAL PROPERTY MUST BE AN ACTIVE LISTING ON A HOMEAWAY SITE AT THE TIME OF PAYMENT AND YOUR PAYMENT TO THE ADVERTISER MUST BE RECEIVED BY THE ADVERTISER BEFORE HOMEAWAY HAS SENT YOU A WARNING EMAIL (IF ANY) THAT THERE HAS BEEN SUSPICIOUS OR FRAUDULENT ACTIVITY IN RELATION TO THE SUBJECT RENTAL PROPERTY.
- Send money to the advertiser to secure the booking or reservation of the property via: HomeAway Payments (credit card or ACH transfer) or Check, Credit Card, Bank to bank transfer, Paypal, ECheck, Chèques Vacances, National credit Card, MOIP, Bcash, MercadoPago, PagSeguro, ELV/SEPA direct debit, Pagos en linea PSE, PayU Latam, iDeal, BPay. (collectively referred to as the “Eligible Methods of Payment”)
- Incur a loss of funds due to Internet Fraud as described in clause 1.2 below;
- Notify HomeAway of your loss within the required time periods set forth below; and
- Are denied reimbursement for your loss of funds from (i) the advertiser, and (ii) your bank, payment provider, credit card issuer (as applicable) or travel insurer.
- The applicable HomeAway Payment Terms and Conditions (and protections provided) will be those displayed on the HomeAway website on which the Eligible Traveller made the enquiry, regardless of where the holiday rental property is located.
1.2 Internet Fraud
“Internet Fraud” is defined as a deposit or payment by an Eligible Traveller for a rental property that is listed on a HomeAway Site where:
(i) such listing is subsequently determined to be fraudulent, in HomeAway’s sole discretion, and
(ii) such deposit or payment is determined by HomeAway to have been made to a person other than the advertiser that has compromised or taken over the personal email or HomeAway account of the advertiser and that person has posed as the advertiser in order to induce such payment from the Eligible Traveller.
1.3 Reimbursement Request Form
Only one reimbursement Request Form may be submitted for each booking, regardless of the number of travellers in the booking party, or the method or number of payments made.
2. Protections Provided.
Subject to the sole discretion of HomeAway, and the restrictions and limitations set forth in these Terms, the Basic Rental Guarantee Program provides the following 2 categories of protection:
2.1 Basic Guarantee
This protection provides up to a maximum of Seven Hundred Pounds (£700). in aggregate protection to an Eligible Traveller against amounts actually paid by an Eligible Traveller (other than online using HomeAway Payments) to an advertiser where such funds are lost or misappropriated as the result of Internet Fraud.
2.2 HomeAway Payments Guarantee
This protection provides up to a maximum of Ten-Thousand Pounds (£10,000.00) in aggregate protection to an Eligible Traveller against amounts actually paid by an Eligible Traveller online using HomeAway Payments to an advertiser where such funds are lost or misappropriated as the result of Internet Fraud.
An Eligible Traveller may only file a Request Form under one (1) of the above categories of protection for each single incident of Internet Fraud.
2. Illustrative Examples of Losses of Funds Not Protected
The following are illustrative, but not exhaustive, examples of losses of funds that the HomeAway Basic Rental Guarantee Program DOES NOT protect against, as determined in the sole discretion of HomeAway:
- Any deposits or payments for a holiday rental not refunded or returned because of failure to comply with the advertiser’s policies or other breach of the rental agreement.
- Any damages other than amounts actually paid to or deposited with the advertiser, including any indirect losses, loss of opportunity, loss of custom fees, bank transfer or processing fees, currency exchange fees, other contractual penalties, airfare and/or any other cost, expense, loss, or damage.
- Payments or deposits made to any advertiser via cash, check made out to cash, Western Union, MoneyGram, Moneybookers, or other instant wire transfer services.
- Payments or deposits made to any advertiser after HomeAway has sent an email to an Eligible Traveller warning them that there has been suspicious or fraudulent activity in relation to the subject property.
- Any loss of any kind where the Eligible Traveller and the advertiser are related to each other in any degree, or are acting in concert to defraud HomeAway.
- Any loss of funds that is caused by or results from events outside the control of HomeAway and/or the advertiser, including, but not limited to construction, weather events, natural disasters or political or security threats.
- Any deposits or payments for a holiday rental that was not an active listing on a HomeAway Site at the time of payment.
- Any deposits or payments for a holiday rental that are not refunded or returned because an Eligible Traveller and the advertiser are in a dispute over whether a refund is due.
- Any deposits or payments to the advertiser in excess of: (i) Seven Hundred Pounds (£700) when the payment is made outside of HomeAway Payments, or (ii) Ten-Thousand Pounds (£10,000.00) when the payment is made online using HomeAway Payments.
- Any loss of funds related to a listed rental property that exists but is the subject of a dispute over whether the advertiser has the authority to lease the subject property.
- Any loss of funds except for a loss involving Internet Fraud, including, without limitation, any loss involving wrongful denial of entry, material misrepresentation, wrongful deposit loss after the stay, events that might be characterised as "renter's remorse", "bait and switch" or any objection by the Eligible Traveller to the location, condition, cleanliness, or suitability of purpose of the property, all as determined by HomeAway in its sole discretion.
4. Process Requirements.
In order to obtain any reimbursement from HomeAway under the HomeAway Basic Rental Guarantee Program, an Eligible Traveller must comply with the requirements set forth below. Failure to follow these requirements, or the taking of any action by any Eligible Traveller without the written consent by HomeAway that impairs HomeAway’s ability and/or right to mitigate any loss, or the making by any Eligible Traveller of any false or misleading statement with respect to any request for reimbursement hereunder, will void eligibility for reimbursement under the HomeAway Basic Rental Guarantee
4.1 Third Party Reimbursement. If an Eligible Traveller has paid money to an advertiser via an Eligible Method of Payment, the Eligible Traveller must immediately contact the relevant bank(s), payment provider, or credit card issuer (as applicable) to request recovery or reimbursement of the Eligible Traveller’s funds (a “Chargeback”) upon learning of the existence of a potential loss of funds. An Eligible Traveller is only entitled to receive payment from HomeAway under the HomeAway Basic Rental Guarantee Program if the bank(s), payment provider, or credit card issuer (as applicable) denies an Eligible Traveller’s request for a Chargeback. Upon request from HomeAway, an Eligible Traveller must provide HomeAway with written proof that he or she contacted the bank(s), payment provider, or credit card issuer (as applicable) and that a request for a Chargeback was denied. An Eligible Traveller is required to accept any settlement from the bank(s), payment provider, credit card issuer or travel insurer (as applicable), but may still be eligible for additional payments under the HomeAway Basic Rental Guarantee Program if such settlement amounts to less than the maximum reimbursement amount under the HomeAway Basic Rental Guarantee Program. If an Eligible Traveller receives any type of reimbursement from the advertiser, a bank or credit card company, or travel insurer after receiving payment from HomeAway under the HomeAway Basic Rental Guarantee Program, the Eligible Traveller agrees to immediately notify HomeAway of the reimbursement and refund any and all amounts received in excess of what was due under the HomeAway Basic Rental Guarantee Program.
4.2 Proof of Identity. An Eligible Traveller must provide written proof of his or her identity (e.g., copy of passport, driver's license, utility bills, credit card information, etc.) as HomeAway may request. HomeAway may request one or more forms of proof of identity, and any determination by HomeAway with respect to the valid existence of any proof of identity shall be made in HomeAway’s sole discretion.
4.3 Document the listing. Upon request by HomeAway, an Eligible Traveller must provide written proof that the subject property was listed on one of the HomeAway Sites when the booking or reservation was made.
4.4 Document the enquiry. Upon request by HomeAway, an Eligible Traveller must provide a copy (electronic or print form) of the enquiry email verification (the “Initial Enquiry”) provided by the HomeAway Site when the Eligible Traveller first enquired about the subject property, and HomeAway must be able to verify this Initial Enquiry by locating a log of this enquiry in its database.
4.5 Document the reservation. An Eligible Traveller must prove that he or she reached a final agreement with the advertiser regarding the listed rental property and provide HomeAway with all requested documentation of email, telephone, written or other communications with the advertiser regarding the rental property.
4.6 Document all payment(s). If HomeAway sent the Eligible Traveller an email notifying them that there has been suspicious or fraudulent activity in relation to a listing or property, then that listing or property will not be eligible for participation in the HomeAway Basic Rental Guarantee Program or the Carefree Rental Guarantee program from the date the email is sent. The Eligible Traveller must prove that he or she made payment via an Eligible Method of Payment to the advertiser prior to HomeAway’s transmission of such warning email. An Eligible Traveller must provide written documentation of all payments and refunds (partial, full and/or deposit) made to or by the advertiser before the transmission of the warning email.
4.7 Document the loss. The Eligible Traveller must provide HomeAway with all requested written documentation of lost or misappropriated funds. Further, the Eligible Traveller must provide written evidence that the advertiser received funds from the Eligible Traveller, was notified of the Eligible Traveller’s refund claim, and refused or failed to return or refund such funds to the Eligible Traveller. Eligible Travellers should not alter or destroy any documentation related to the lost or misappropriated funds until the matter is resolved.
4.8 Notify HomeAway. The Eligible Traveller must notify HomeAway within fifteen (15) business days of the first event giving rise to an Eligible Traveller’s request for reimbursement under the HomeAway Basic Rental Guarantee Program by: (i) http://help.homeaway.co.uk; or (ii) by mail to HomeAway Basic Rental Guarantee Program, HomeAway Holiday-Rentals Ltd, Portland House, Bressenden Place, London, SW1E 5BH, United Kingdom.
4.9 File a Reimbursement Request. The Eligible Traveller must complete, sign and submit the Request Form with all requested documentation to HomeAway within one (1) year from the date your rental was to begin. If a completed Request Form is not submitted within that time period it shall be deemed denied. The as-submitted Request Form must contain the Eligible Traveller’s agreement that:
- Any payment available to such Eligible Traveller under the HomeAway Basic Rental Guarantee Program shall be payable only to the extent that the proceeds of any other protection or recovery provided by any insurance policy (including, if applicable, the Carefree Rental Guarantee) or any other source of recovery held or collectible by any applicant under the HomeAway Basic Rental Guarantee Program is insufficient to reimburse wholly the Eligible Traveller for lost or misappropriated payments made to the advertiser or person posing as the advertiser, as applicable;
- If HomeAway pays for the reimbursement, reversal or Chargeback that an Eligible Traveller seeks from a property owner or manager, such traveller agrees that HomeAway assumes all of his or her rights against the advertiser and any third parties related to the payment, and may pursue such rights directly or on such traveller’s behalf, in HomeAway's sole discretion; and
- Such Eligible Traveller agrees to execute a general release agreement in form and substance acceptable to HomeAway, setting out confidentiality requirements and releasing HomeAway from any and all claims such Eligible Traveller may have arising prior to the date of the payment made by HomeAway.
4.10 Help us help you. For the avoidance of doubt, if an Eligible Traveller requests reimbursement under the HomeAway Basic Rental Guarantee Program, he or she agrees to provide to HomeAway, on a timely basis, any documentation requested to support such request. Such traveller also agrees to fully cooperate with HomeAway in all aspects of the reimbursement process. HomeAway may choose not to process any payment or reimbursement request from an Eligible Traveller who fails to respond to HomeAway’s enquiries within specified times.
5. Reimbursement process. HomeAway will complete the processing of each request for reimbursement under the HomeAway Basic Rental Guarantee Program within a reasonable time period after receipt of all requested documentation. As noted above, it is recommended that Eligible Travellers who are seeking reimbursement do not discard or alter any documentation related to the reimbursement request until the matter is resolved.
Last revised December 2015