Potrentals.com

Terms And Conditions Of Service

Last update: March 10, 2019

 

Please read these Terms And Conditions Of Service carefully. By accessing and using the Potrentals.com Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms And Conditions Of Service. 

 

These Terms And Conditions Of Service contain a binding arbitration provision and class action waiver that apply to all Potrentals.com Members and affect their rights. By accepting these terms, you agree to be bound by these provisions.  

 

If you do not agree to these Terms And Conditions Of Service, you have no right to obtain information from or otherwise continue using the Potrentals.com Platform (as defined below). You acknowledge and agree that, by accessing or using the Potrentals.com Platform or the Content, or by uploading Member Content, you are indicating that you have read and that you understand and agree to be bound by these Terms And Conditions Of Service, whether or not you have registered with the Site and Application.

 

You understand transactions realized after 11:59 pm on March 10, 2019 (EST time) will be submitted to the present Terms and Conditions.

 

These Terms And Conditions Of Service ("Terms") constitute a binding legal agreement between you and Potrentals.com (as defined below) and to govern your access to, and use of, the Potrentals.com website (www.potrentals.com) including any subdomains thereof, and any other websites through which Potrentals.com makes its services available (individually and collectively, "Site"), the mobile, tablet and other smart device applications, and application program interfaces through which Potrentals.com makes its services available (individually and collectively, “Application”) and all associated services, including, without limitation, the Referral Program and the Guides blog (collectively, “Services”). The Site, Application and Services together are hereinafter collectively referred to as the “Potrentals.com Platform”.

 

The terms “you” and “your” refer to you as an individual. If you agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity, unless otherwise specified.

 

When these Terms mention “Potrentals.com,” “Potrentals,” “we,” “us,” or “our,” it refers to the LiveItAway company you are contracting with in regards with the access to and use of the Potrentals.com Platform. Regardless of your country of residence or establishment, you are contracting with LiveItAway, Inc., 8815 Du Parc Avenue, suite 402, Montreal, Quebec, Canada H2N 1Y7 (“ Potrentals.com Canada”)

 

As a Member, by referring your friends to request a booking or create a Listing, you may participate in the loyalty program Potrentals.com offers referred to as the Potrentals.com Referral Program. The terms and conditions of the Referral Program are incorporated by reference into these Terms.

 

The collection, use and any processing of personal information in connection with your access to and use of the Potrentals.com Platform are described in the Potrentals.com Privacy Policy.

 

If you have any questions about these Terms, you can contact the Potrentals.com Customer Support at info@potrentals.com

 

1. Presentation and scope of Potrentals.com Services

 

1.1. Potrentals.com provides an online marketplace, through the Potrentals.com Platform, to allow registered users (“Members”) who offer services (“Hosts”) to publish such services as available on the Potrentals.com Platform (“Listings”), and to allow such Hosts, and other Members seeking to book such services (“Guests”), to communicate and transact directly with each other. The services that Hosts offer may include the short-term use of residential or vacation properties (“Rental Properties”), or other services or activities in various categories (“Experience”).

 

1.2. Potrentals.com disclaims any and all liability related to any and all Listings, Rental Properties, Experiences and/or other services delivered by the Hosts. Hosts alone are responsible for their Listings, their Rental Properties, and their Experiences. Any bookings will be made at the Guest and Host own risk.

 

1.3. You understand and agree that Potrentals.com is not an organizer or retailer of travel packages. Neither is Potrentals.com a real estate broker, a contracting agent, an insurer or a bank establishment.

 

1.4. Potrentals.com is not an owner, operator, lessor, controller, creator, supplier, proprietor, seller, reseller, furnisher, provider or manager of any Listings, Rental Properties and Experiences (including, without limitation, the places of location and the materials used and/or required). Potrentals.com is not acting as an agent in any capacity for any Member, except when Potrentals.com serves as an agent to the Host solely to collect fees for the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host.

 

1.5. When Members make or accept (including, without limitation, by pre-approval) a booking, they are entering into a contractual relationship directly with each other. Potrentals.com is not and does not become a party to, or otherwise participates in, to such contractual relationship Members. You exclusively determine the price to be charged, the dates of booking and the parties with whom to transact. You act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Potrentals.com. Potrentals.com does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically. 

 

1.6. Potrentals.com does not and cannot control over, neither guarantee (i) the truth or accuracy of any Listings, Ratings, Travel Reviews, or any other Member Content (ii) the performance or conduct of any Member or third party and (iii) the existence, quality, suitability to your needs or expectations, safety or legality of any Listings, Rental Properties and Experiences and any other services provided by the host to the Guest.

 

1.7. Potrentals.com does not endorse any Members, Listings, Rental Properties, Experiences or services delivered by Hosts in any way. Any references to a Member Listing, Rental Property, or Experience as being “verified” simply indicate that a relevant verification or identification process has been completed and does not represent anything else. Any such references are not an endorsement, certification or guarantee by Potrentals.com for the accuracy, suitability, safety or trustworthiness of the referenced, including, without limitation, of any Member's identity, background or future conduct. Any such description or references are only intended to be useful information for you to evaluate when you make a decision on the Potrentals.com Platform. Accordingly, Potrentals.com recommends you always exercise due diligence and care when deciding to have any interaction and to engage in any transaction with any other Member. Potrentals.com is not responsible for any damage or harm resulting from your interactions with other Members.

 

1.8. The Potrentals.com Platform may contain links to third-party websites or resources. Such third-party websites and resources may be subject to different terms and conditions and privacy practices. Potrentals.com is not responsible or liable for, neither endorsed or guarantee, the availability or accuracy of such third-party websites and resources, or their content, products, or related services. You will need to make your own independent judgment regarding your interaction with these third-party websites and resources.

 

1.9. Due to the nature of the Internet, Potrentals.com cannot guarantee the uninterrupted availability and accessibility of the Potrentals.com Platform. Moreover, Potrentals.com may restrict the availability of the Potrentals.com Platform, or certain Services (such as payment services), areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of Potrentals.com servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Potrentals.com Platform.

 

1.10. Potrentals.com may improve, enhance and modify the Potrentals.com Platform and introduce new Services or delete existing ones at any time.

 

1.11. Please note that Potrentals.com assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. In particular, Hosts should identify, understand and comply with all applicable laws, rules, and regulations in their respective localities. Laws may restrict the ability to rent a property, or certain types of properties, for short time periods and/or the online advertising of tourist rentals. In many cities, Hosts must register, get a permit, or obtain a license before listing a property or accepting Guests.  Local governments vary as to their enforcement of these laws, such as penalties or citations. Hosts should review local laws and always seek legal guidance in case of any doubt before publishing a Listing on the Potrentals.com Platform.

 

2. Access and usage of the Potrentals.com Platform

 

2.1. By accessing or using the Potrentals.com Platform, you represent and warrant that you are of legal age in your province or state of residence. Users must have the legal capacity and authority to enter into a contract. Any access to or use of the Potrentals.com Platform by anyone under legal age in their province or state of residence is expressly prohibited.

 

2.2. When using the Potrentals.com Platform, it is solely to be used to enable Hosts and Guests to connect with each other and to book Rental Property or Experience directly with each other.  

 

2.3. You may view Listings as an unregistered visitor to the Potrentals.com Platform. However, to create a Listing or complete a booking, you must first register to the Potrentals.com Platform by creating a Potrentals.com Account (as defined below).

 

2.4. In order to use the Potrentals.com Platform as a Host, it is mandatory to obtain the appropriate insurance(s) at your own cost to cover the services you want to offer, whether related to a Rental property or an Experience. Please review any relevant insurance policy carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, without limitation, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Rental Property or participating in your Experience.  

 

2.5. Potrentals.com may make access to and use of the Potrentals.com Platform, or certain areas or features of the Potrentals.com Platform, subject to certain conditions or requirements, such as completing a verification or identification process, meeting specific quality or eligibility criteria, meeting Ratings or Travel Reviews thresholds, or a Member’s history of booking and cancellation. 

 

2.6. The access to or use of certain areas and features of the Potrentals.com Platform may be subject to separate policies or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Potrentals.com Platform, the latter terms and conditions will take precedence with respect to your access to or use of that specific area or feature, unless specified otherwise.

  

3. Account Registration

 

3.1. In order to access certain features of the Potrentals.com Platform, such as creating a Listing or booking a Rental Property or an Experience, you must register to create an account (“Potrentals.com Account”). By registering, you become a Member of the Potrentals.com Platform.

 

3.2. You can create a Potrentals.com Account directly via the Site or Application using an email and creating a password.

 

3.3 As you are registering for your Potrentals.com Account online, Potrentals.com, subject to any applicable laws, may ask you to provide/upload proof of your identity. Such proof includes, without limitation, a copy of your driver’s license, passport or similar form of identification; a photo of you holding your form(s) of identification next to your face; or a video conference session. 

 

3.4. Potrentals.com will create your Potrentals.com Account and related profile page based upon the personal information that was provided by you to Potrentals.com. You agree to provide accurate, current and complete information during the registration process and keep such information updated at any time. 

 

3.5. If you register as an individual, you may not register for more than one (1) Potrentals.com Account or register for a Potrentals.com Account on behalf of an individual other than yourself. You are not authorized to use your Potrentals.com Account, including, without limitation, to engage in a transaction with another Member, on behalf or for the personal benefit of any other person than you. 

 

3.6. You are responsible for safeguarding and ensuring the security of your Potrentals.com Account’s credentials. You are also responsible for the confidentiality of your credentials and you will not disclose it to any third party.  You will take sole responsibility for any activities or actions under your Potrentals.com Account, unless (i) you did not authorize such activities and (ii) you immediately reported to Potrentals.com such unauthorized activities, or that your credentials have been, or you suspect your credentials to be, lost, stolen or otherwise compromised.

 

4. Service Fees

 

4.1. In consideration for the use of certain parts of the Potrentals.com Platform, Potrentals.com charges fees to Hosts (“Host Fees”) and Guests (“Guest Fees”), collectively referenced as Service Fees. Where applicable, taxes, such as the value-added tax in Canada (“VAT”), may also be charged in respect of the Host Fees and Guest Fees.

 

4.2. The Host Fees are calculated as a percentage of the applicable price the Host sets for the booking of its Rental Property or Experiences (which usually include any Taxes if applicable, and/or additional charges such as cleaning fees or additional extra guest fees) (“Booking Fees”). The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest. Potrentals.com deducts the Host Fees from the Booking Fees paid by the Guest before remitting the balance to the Host as described in these Terms.

 

4.3. The Guest Fees is calculated based on the booking subtotal, which is the nightly rate plus the cleaning fee and the additional extra guests fee, if applicable (excluding Potrentals.com fees and taxes). The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host. Potrentals.com includes the Guests Fees in the Total Fees paid by the Guest for the booking as described in these Terms.

 

4.4. Potrentals.com reserves the right to change the Services Fees rates at any time.

 

4.5. Service Fees are non-refundable, except as otherwise expressly provided herein.

 

5. Listing Creation

 

5.1. As a Member, you may create Listings to offer to stay at your Rental Property and to participate in your Experience. You, as a Host, acknowledge and agree that you are responsible for any and all Listings you post. You understand Listings are different from the advertisements that are published via the Online Promotional Service and which advertised services cannot be booked on the Potrentals.com Platform.

 

5.2. To create a Listing, you will be asked a variety of questions about the service(s) you want to list, such as the characteristics, location or calendar availability. Without limitation, you must provide (i) a complete and accurate description of the Rental Property or the Experience; (ii) disclose any deficiencies, rules and restrictions (such as the rules to respect when using your Rental Property), and (iii) requirements that apply (such as any minimum age, proficiency or fitness or hygiene standards for an Experience). You are required to and responsible for keeping your Listing information up-to-date at all times, in particular, calendar availability.

 

5.3. To create a Listing, you must indicate a valid and complete physical address of the location where the Rental Property is located or where the Experience takes place. Potrentals.com reserves the right to require any supporting documents to verify the address provided. 

 

5.4. You may also add pictures, animations or videos to your Listing. Such materials must accurately reflect the quality and condition of the Rental Property or Experience. Potrentals.com reserves the right to require that Listings have a minimum number of pictures of a certain format, size, and resolution.

 

5.5. You are solely responsible for setting a price (including any Taxes if applicable, or additional charges such as cleaning fees) for the booking of your Listing (“Booking Fee”). Once a Guest requests a booking of your Listing, you may not require such Guest to pay a different price than in the booking request, unless you provide additional value-added services that are not included in your original listing and that are not considered as an Experience.

 

5.6. The placement and ranking of Listings in search results on the Potrentals.com Platform may vary and depend on a variety of factors, such as, without limitation, Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Listings picture, customer service and cancellation history, Travel Reviews and Ratings, and/or ease of booking. 

 

5.7. Potrentals.com may offer you, in its sole discretion, the option of having professional photographers take photographs of your Rental Property or Experience to be included in your Potrentals.com Listing only, with or without being tagged as verified photos or similar wording (“Verified Photos”). These professional photographers may not be available at any location at any time and this Service may not be offered to every Host. If so, Potrentals.com may accept as an alternative verification for Rental Properties, a copy of the utility bill (electricity or telephone bill) with your name and address. This security measure allows Potrentals.com to verify the Rental Property actually exists. You understand and agree that the offer of this Service of photography will not change that you remain responsible for ensuring your Rental Property or Experience is faithfully represented in the Verified Photos and your Listing. Potrentals.com sets monthly and/or annually caps on payment transfers to Hosts for bookings of Listings that have not been verified; you understand that these caps may vary without prior notice upon the bank or third-party payment services providers. 

 

5.8. Potrentals.com reserves the right, at any time and without prior notice, to remove or disable access of any Listing if the Listing or the Rental Property or Experience listed, is found to be in violation of these Terms, any applicable laws (such as tourism laws requiring tourist services advertisements to include specific descriptive information and/or registration, certificate or license numbers) or otherwise harmful to the Potrentals.com Platform and its reputation. If so, you may or not receive a notification explaining the reasons behind such a removal or disablement decision.

 

5.9. Please note that Potrentals.com does not currently charge fees for the creation of Listings. However, you, as a Host, acknowledge and agree that Potrentals.com reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Potrentals.com will provide notice of any collection of fees for the creation of a Listing via the Potrentals.com Platform, prior to implementing such a fee structure. If you disapprove such a change, the only remedy for you will be to stop using the Potrentals.com Platform.

 

5.10. Please be aware that you must provide a safe Rental Property. Otherwise, you may be liable to the Guest for any unsafe Rental Property. You represent and warrant that any Listing you post and the booking of, or a Guest's stay at your Rental Property, will (i) not breach any agreements you have entered into with any third parties, such as homeowner’s association, condominium, or other agreements, and (ii) comply with all applicable laws (such as tourism and zoning laws), Taxes requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Rental Property at your request or invitation, excluding the Guest and any individuals the Guest invites to the Rental Property.

 

6. Specific Terms for Hosts

 

6.1. Booking provisions for Hosts

 

6.1.1. As a Host, you and your own decide the Members with whom you transact. By accepting the booking request of a Guest (including, without limitation, through pre-approval), you understand you enter into a legally binding agreement with this Guest. Potrentals.com is not a party to, nor intervene in, to such contractual relationships between Members.

 

6.1.2. If you are a Host and a booking is requested for your Listing via the Potrentals.com Platform, you will be required to either confirm or reject the booking request within the time period indicated (“Request Period”), otherwise the booking request will be automatically canceled. Different Request Periods may apply in different places. 

 

6.1.3. When a booking is requested for your Listing, Potrentals.com will share with you certain information with you, such as the registered by the Guest first name of the Guest who has requested the booking and a link to this Guest’s Potrentals.com Account profile page. You understand that the information that Potrentals.com share with you may not be verified and Potrentals.com do not guarantee its accuracy. Additionally, Potrentals.com makes certain tools available to you, as a Host, to help you to make an informed decision about which Members you choose to confirm for booking for your Listing. However, you acknowledge and agree that, as a Host, you are responsible for your own acts and omissions, including, without limitation, when deciding to accept a booking request.

 

6.1.4. If you are unable to confirm or decide to reject a booking request within the Request Period, any amounts collected by Potrentals.com for the requested booking will be refunded to the applicable Guest’s Payment method. 

 

6.1.5. When you confirm a booking requested by a Guest, Potrentals.com will send you a notification confirming this booking (such as an email, text message or message via the Application depending on the selections you made).

 

6.2. Financial provisions for Hosts

 

6.2.1. You, as a Host, appoint and authorize Potrentals.com as your payment collection agent solely for the limited purpose of accepting, holding and settling payment processing proceeds owed to you as part of your transactions with your Guests. You, as a Host, agree Potrentals.com may refund the Guest in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Host, Potrentals.com assumes no liability for any of the Host’s acts or omissions.

 

6.2.2. You, as a Host, agree that a payment made by a Guest through Potrentals.com, shall be considered the same as a payment made directly to you. You agree that Potrentals.com’s receipt of any amount due by the Guest for the booking satisfies the relevant Guest’s obligations to make payments to you. Accordingly, you will make the Rental Property or the Experience available to the Guest in the agreed-upon manner as if you have received the payment directly.

 

6.2.3. Generally, Potrentals.com will collect the payment from your Guest at the time you accept the Guest’s booking request, or at any other time agreed upon between the Guest and Potrentals.com.

 

 

6.2.4. Since Potrentals.com acts as a payment collection agent to accepts payments from Guests, you understand that Potrentals.com’ obligation to pay you any funds is subject to and conditional upon successful receipt of such associated funds from Guests. Potrentals.com guarantees payments to you only for such amounts that have been successfully received by Potrentals.com from Guests in accordance with these Terms.

 

6.2.5. You, as a Host, understand and agree that the payout initiated by Potrentals.com to you for the Guest’s payment due for the booking of your Listing (“Payout”) will be the Booking Fees, less applicable Host Fees (including applicable taxes, such as VAT) and applicable Taxes (as defined below). Please note that Potrentals.com cannot control any fees that may be charged to the Host by any third-party payment services providers who may impose their own additional charges on the Host for the use of their services, including by deducting their charges from the Payout amount.

 

6.2.6. Payouts will be remitted by Potrentals.com to you via the payout instrument you have linked to your Potrentals.com Account, such as direct deposit in your bank account (through Stripe) or PayPal account (“Payout Method”). You understand that Potrentals.com will not be able to correctly process your Payout if the Payout Method of your choice is not valid. Payouts will be remitted by Potrentals.com in the currency you selected via the Potrentals.com Platform among supported currencies.

 

6.2.7. Usually, unless a refund is due to the Guest or you have not provided Potrentals.com any mandatory tax-related information (where applicable), Potrentals.com will release your Payout within fourteen (14) business days after the starting date of the booking (by default 11:59pm local time of the check-in date, unless another hour was specified). Potrentals.com may offer you different payouts timings (for instance, monthly grouped payouts) and you understand any timings proposed to you may have timing fees attached. Such timing fees will be displayed to you before you select the related payout timing.

 

6.2.8. You understand that Potrentals.com may be required to delay the release of your Payout under any applicable local law. The time it takes for the Host to receive Payout once released by Potrentals.com may depend upon the Payout Method you have chosen and its associated third-party payment services providers, which Potrentals.com is not responsible for.

 

6.2.9. In cases in which a confirmed booking is then canceled or modified, you, as a Host, agree that Potrentals.com may refund the Guest of the appropriate portion or totality of the Booking Fees, in accordance with (i) the Cancellation Policy (as defined below) you selected or the Modification of booking you accepted, (ii) the Travel Issue Policy, (iii) the Force Majeure Policy, and (iv) any other applicable provisions of these Terms. If so, in the event you have already been paid, Potrentals.com will be entitled to recover the amount of any refund from you, including by reducing any future Payouts by this refunded amount due to you.

 

6.2.10. If required by applicable law, you, as a Host, must provide Potrentals.com with Taxes-related information (such as tax ID number), before a Payout is made to you. Accordingly, payment will be delayed until such time as you provide such Taxes-related information to Potrentals.com, if applicable. 

 

6.2.11. If you, as a Host, owe or agree to pay any amount via Potrentals.com to Potrentals.com (whether as a result of your bookings or actions as a Host or otherwise), then Potrentals.com may (but is not obliged to) withhold the amount owing to Potrentals.com from any payout amounts due to you as a Host, and use the withheld amount to set off the amount owed by you to Potrentals.com. If Potrentals.com does so, then your obligation to pay Potrentals.com will be extinguished to the extent of the amount withheld by Potrentals.com, and Potrentals.com will cease to owe to you any obligations (including, without limitation, any obligation to pay you) with respect to the amount withheld.

 

7. Specific Terms for Guests

 

7.1. Booking provisions for Guests

 

7.1.1. You, as Guest, can decide to book a Listing available on the Potrentals.com Platform by following the respective booking process. All applicable fees, including the Booking Fee, the Guest Fees and any applicable Taxes (collectively, “Total Fees”) and the Security Deposit (as defined below) will be displayed to you before you send a booking request to a Host.

 

7.1.2. You, as a Guest, agree to pay the Total Fees to Potrentals.com for any booking requested in connection with your Potrentals.com Account. Potrentals.com will collect the Total Fees at the time of the booking request or upon the Host’s confirmation, as described in these Terms.

 

7.1.3. On receiving your booking request, the Host is required to either confirm or reject it within the Request Period, as determined by Potrentals.com. If the Host does not act either way within the Request Period, the booking request will be automatically rejected.

 

7.1.4. Once the transaction for your accepted booking is complete, you will receive an email summarizing your confirmed booking. Once your booking request is accepted by the Host, you agree and understand that you enter into a legally binding agreement with the Host, that may be subject to any additional terms, conditions, and requirements. Such additional terms, conditions, and requirements imposed by the Host, may be, in particular, the applicable cancellation policy and any rules and restrictions specified in the Listing. 

 

7.1.5. Potrentals.com is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Potrentals.com disclaims all liability arising from or related to any such agreements. You acknowledge and agree that you, and not Potrentals.com, will be responsible for performing the obligations of any such agreements between you and the Host. The Host, not Potrentals.com, is solely responsible for honoring any confirmed bookings and making available any Rental Properties or Experiences booked by you.

 

7.1.6. You, as a Guest, may not bring any additional individuals to the location of the Listing unless such an individual was added by you as an additional guest during the booking process on the Potrentals.com Platform. You are required to ensure that every additional guest is made aware of and agrees to these Terms and any terms, conditions, and requirements imposed by the Host as specified in the Listing.

 

7.1.7. You should carefully review the description of any Listing you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements. At your sole discretion, you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to stay at a Rental Property or participate in any Experience. You are responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to your stay at a Rental Property or participation in an Experience (such as minimum legal drinking age).

 

7.2. Financial provisions for Guests

 

7.2.1. You agree to pay Potrentals.com the funds due under these Terms, including Total Fees for any confirmed bookings made in connection with your Potrentals.com Account. Accordingly, you hereby authorize Potrentals.com to collect such funds, including any due Total Fees, by charging the payment method that you added to your Potrentals.com Account (such as a credit card, debit card or PayPal account) (“Payment Method”), either directly or indirectly, via Third-Party Payment Processor(s) (as defined below).

 

7.2.2. You understand and agree that the collection process by Potrentals.com may include placement of a hold on the funds at the time of the request for booking via your Payment Method (“Pre-Authorization”) and a full collection of payment upon confirmation of the booking. If Potrentals.com is unable to collect the Total Fees as scheduled, Potrentals.com will collect the Total Fees at a later point. You authorize Potrentals.com to make such Pre-Authorization and to collect the Total Fees later than scheduled if Potrentals.com was unable to do so. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email. 

 

7.2.3. You, as a Guest, acknowledge and agree that, notwithstanding the fact that Potrentals.com is not a party to the agreement between you and the Host, Potrentals.com acts as the Host’s payment collection agent for the limited purpose of accepting, holding and settling payment processing proceeds owed by you to the Host as part of your transactions with such Host. Upon your payment of the Total Fees to Potrentals.com, your payment obligation to the Host for the agreed upon is extinguished, and Potrentals.com is responsible for remitting the Booking Fees (less the Host Fees and any taxes in respect of the Host Fees, such as VAT in Canada, IF APPLICABLE), in the manner described in these Terms.

 

7.2.4. Potrentals.com may offer you, at its sole discretion, alternative options for the timing and manner of payment. Guests may be required to pay or be offered the option to pay in multiple installments. For example, according to the Total Fees amount and the number of days between the Host’s confirmation of your requested booking and its starting date, Potrentals.com may propose you to divide the payment of the Total Fees by paying first a deposit up to a certain amount of the Total Fees, then the remaining Total Fees amount in a second time. In such occasion, you understand and agree that if you do not pay for such remaining amount before the starting date of your booking, such booking is automatically canceled without any refund of any kind. Any additional fees for using offered payment options will be displayed via the Potrentals.com Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option.  

 

7.2.5. If the requested booking is canceled, whether it was not accepted by the Host or you canceled it before it was accepted by the Host, any amounts collected by Potrentals.com will be refunded to you, and any Pre-Authorization will be released. Please note that Potrentals.com cannot control any delay in the unblocking by your bank of the amounts preauthorized on your payment method, and Potrentals.com disclaims all liability in this regard.

 

7.2.6. Please note that Potrentals.com cannot control any fees that may be charged to a Guest by his or her bank related to Potrentals.com’s collection of the Total Fees, and Potrentals.com disclaims all liability in this regard.

 

8. Modification of bookings

 

8.1. Either using the Site or Application or by giving directions to the Potrentals.com support team, you are responsible for all the modifications you request regarding the dates of a confirmed booking (“Modifications of bookings”). The Modifications of booking are subject to availability and the Host may accept or reject Modifications of bookings.

 

8.2. Accordingly, you accept to pay any additional fees (such as the Booking Fees, Guest Fees or Hosts Fees) and/or any Taxes related to such modifications of the booking.

 

8.3. The accepted Modifications of bookings will result in a new reservation. The Guest will be charged, or refunded, of the difference between the amount of the Rental Property Fees of the initial reservation and the amount of the Rental Property Fees of the new reservation. However, the Guest Fees for the initial reservation will not be refunded. If the amount of the Guest Fees for the new reservation exceeds the amount of the Guest Fees for the initial reservation, the Guest will be charged the difference. 

 

8.4. If the Total Fees of the new reservation are lower than the Total Fees for the initial reservation, Potrentals.com may apply Modification fees, and the amount of such Modification fees will be provided to the Guest willing to modify a booking.

 

9. Cancellations of bookings

 

9.1. General Terms

 

9.1.1. To process a cancellation in a valid manner, you must select the confirmed booking through your Potrentals.com Account and cancel it via the platform by clicking on the appropriate cancellation button. Alternatively, you can contact the Potrentals.com support team to process the cancellation on your behalf; in such occasion, you will be required to confirm by writing your will to cancel the booking and your acknowledgment of the cancellation penalties that may apply pursuant to these Terms.  

 

9.1.2. In the event, you, as a Host, have (i) violated these Terms, any other Potrentals.com policies, or violated any applicable laws or third-party rights, or (ii) repeatedly received poor Rating or Travel Reviews; or if Potrentals.com (i) needs to comply with any legal requirements, (ii) receives complaints and evidence of your conduct, or (iii) believes in good faith that such action is reasonably necessary to prevent illegal activity and/or significant harm to Potrentals.com, other Members or third-parties, you understand and agree Potrentals.com may cancel, in its sole discretion, any confirmed booking. Cancellations by Potrentals.com can occur at any time until the beginning of the booking. Potrentals.com will promptly notify the appropriate Host and Guest of such cancellation and will proceed to the appropriate refund and payouts. You agree that Potrentals.com and the relevant Guest or Host will not have any liability for such cancellations or refunds.

 

9.2. Cancellations by Guests

 

9.2.1. Potrentals.com allows the Host to choose, among a set of cancellation policy types, the one that works best for the Host. Both Guests and Hosts understand that, once the booking of a Listing is confirmed by the Host, the Cancellation Policy selected by the Host for such Listing cannot be subsequently modified.

 

9.2.2. You, as a Guest, can cancel a confirmed booking at any time in accordance with the cancellation policy selected by the Host for the Listing you booked (“Cancellation Policy”). The applicable Cancellation Policy is detailed on the receipt you received after you made the booking payment for the appropriate Listing.

 

9.2.3. Any experience can be canceled and fully refunded within a 24 hours of purchase. If you, as a Guest, cancel a confirmed booking after the 24 hours of purchase of such booking, you understand you are not entitled to any refund of any kind, unless you suffered a Travel Issue (as defined below) or the Force Majeure Policy applies. Please refer to the Hosts Experience Cancellation Policy for more details about the cancellation of experiences.

 

9.2.4. After the Guest cancels a confirmed booking, Potrentals.com will refund the Guest, and remit to the Host, only the due portion of the Total Fees pursuant to the applicable Cancellation policy and these Terms, unless the Force Majeure Policy applies or the Guest suffered a valid Travel Issue (as defined below).

 

9.2.5. You, as Guest, understand and agree that, regardless of the Cancellation Policy selected by the appropriate Host, the Service Fees are non-refundable. 

 

9.2.6. If you, as a Guest, cancel a confirmed booking after the scheduled check-in date of such booking, you understand you are not entitled to any refund of any kind, unless you suffered a Travel Issue (as defined below) or the Force Majeure Policy applies.

 

9.3. Cancellations by Hosts 

 

9.3.1. If you, as a Host, cancel a confirmed booking, you understand that the integrality of the Total Fees paid by the Guest for such confirmed booking will be refunded to the Guest, within a commercially reasonable time. Accordingly, you, as a Host, are not entitled to receive any payment from the Guest who made the booking you canceled. In the event you already have been paid for a booking you subsequently canceled, you agree that Potrentals.com will be entitled to recover such Payout amount from you, and you authorize Potrentals.com to reduce any future Payouts by such Payout amount. 

 

9.3.2. In the event of a confirmed booking is canceled by the Host, Potrentals.com may, but is not obliged to, use reasonable efforts to find and propose to the Guest an alternative available Listing. You remain, as a Guest, solely responsible for the booking of such alternative Listing pursuant to these Terms, and you agree to pay Potrentals.com the Total Fees related to the confirmed booking of such alternative Listing.

 

9.3.3. Unless the Force Majeure Policy applies, Potrentals.com may impose a cancellation fee to the Host (that may be withheld from the future payouts of the Host). The conditions of application, and amount, of such cancellation fee, will be notified to the Host before deciding to cancel.

 

9.3.4. If you, as Host, cancel a confirmed booking, and unless the Force Majeure Policy applies, Potrentals.com may (i) publish an automated review on your Listing indicating that a reservation was canceled and/or (ii) keep the calendar for your Listing unavailable or blocked for the dates of the booking you canceled.

 

10. Force Majeure Policy

 

10.1. Force Majeure Policy Terms

 

10.1.1. The cancellation of a confirmed booking may occur as a result of an unexpected and unforeseeable event, placed beyond the control of the Members (“Force Majeure Events”). If the presence of a valid Force Majeure Event, as determined by Potrentals.com, Potrentals.com may decide the Force Majeure Policy applies, notwithstanding the selected Cancellation Policy.

 

10.1.2. In the application of the Force Majeure Policy, Potrentals.com may, in its sole discretion, give the Guest a refund of the Total Fees amount (including Service Fees) and/or waive the cancellation penalties for the Host. You understand that in no circumstances the application of the Force Majeure Policy may result in Potrentals.com covering any expenses related to your travel or your hosting of a Member. 

 

10.1.3. In the event a valid Force Majeure Event (as defined below) occurs after the Guest’s check-in, the Force Majeure Policy only applies for the remaining time of the booking, and any refund given to the Guest would be proportionate to such remaining time.

 

10.1.4. To benefit from the Force Majeure Policy, you must cancel the booking prior to submitting a Force Majeure claim. Then, you must submit to a Force Majeure claim the Potrentals.com Customer Support within twenty-four (24) hours after the moment you canceled, as shown in your Potrentals.com Account. You understand Potrentals.com may ask you to provide sufficient documents in support of your Force Majeure claim.

 

10.2. Valid Force Majeure Events

 

10.2.1. Conditional to the requirement of providing adequate documentation, Potrentals.com may determine, in its sole discretion, the following events constitute valid Force Majeure Events:

 

(i)  Death of the Guest, Host or their immediate family member or partner. You are required to provide both proof of death (death certificate or news article) and a document establishing you were the partner, cohabitee partner or the immediate family member of the deceased person;

 

(ii)  Serious injury or illness jeopardizing your future well-being and making it impossible or extraordinarily difficult to travel, to host or to participate in or provide an Experience. You are required to provide a statement or certificate from a professional which is dated after the booking was made; or

 

(iii)  Interruption of travel roads (railways, airports or roads) making it impossible for you to travel to the Experience or Rental Property. You are required to provide a notice of such blocking, like notice of flight cancellation or train interruption.

 

10.2.2. In light of credible local and/or international authorities’ recommendations and reports, Potrentals.com may determine, in its sole discretion, the following events constitute valid Force Majeure Events:

 

(i) Epidemic disease suddenly affecting an entire region. Potrentals.com will assess the seriousness of such disease in light of credible authorities’ recommendations and reports;

 

(ii) Official intervention of any competent local or international authority, to restrict traveling or hosting due to severe political or civil unrest; or

 

(iii) Severe weather incident or natural disaster making impossible or extraordinarily difficult to travel or host.

 

11. Travel Issue Policy

 

11.1. General Terms

 

11.1.1. The Host is responsible for ensuring that the Rental Property or the Experience the Guest is given access to, is adequate with the Listing description made on the Site and Application. Additionally, the Host must ensure that minimum quality standards (such as standards of health, hygiene, and safety) and reasonable expectations regarding hospitality (such as the respect of Guests’ privacy) are met, in accordance with local standards. The Host should be available, or failing that, make a third-party available, to try to resolve in good faith any issues encountered by the Guest. 

 

11.1.2. Members agree that in the event a Guest suffers a proven and valid Travel Issue (as defined below), the Travel Issue Policy may apply to the appropriate booking of the Listing of a Rental Property. In such circumstance, you, as a Host, understand that the rights of Guests under this Travel Issue Policy will supersede the Cancellation Policy you selected. All determinations of Potrentals.com with respect to the Guest Refund Policy, in particular, the validity of a Travel Issue and the size of any refund given, shall be final and binding on both Guests and Hosts.

 

11.1.3. In the presence of a valid Travel Issue, Potrentals.com agrees, in its sole discretion, to either:

 

(i)  Use reasonable effort to find and propose to the Guest an alternative available Rental Property, reasonably comparable, in terms of size and quality, to the Rental Property booked in the first place (within limits of local availability). In the event the Guest accepts such alternative proposition, Potrentals.com may book the alternative Listing, on the Guest’s behalf, in response to the emergency of the situation. Nonetheless, you, as a Guest, understand and agree that you remain responsible to pay any price difference; or

 

(ii)  Potrentals.com may provide the Guest with a partial or entire refund, as determined by Potrentals.com, of the Total Fees paid for the booking associated with a Travel Issue.

 

11.1.4. If (i) Potrentals.com determines that a Guest has suffered a valid Travel Issue related to a Listing you posted and if (ii) Potrentals.com either reimburses that Guest any amount up to the Total Fees paid by the Guest for the booking of this Listing or provides an alternative Rental Property to the Guest, you, as Host, agree to reimburse Potrentals.com up to the amount refunded to the Guest within thirty (30) days of Potrentals.com’s request. In order for you to reimburse the refund amount you owe to Potrentals.com, you authorize Potrentals.com to collect this refund amount by reducing any future Payouts by this refund amount or as otherwise permitted pursuant to these Terms.

 

11.1.5. Potrentals.com may apply consequences to the Listing related to a valid Travel Issue, including negatively affecting its ranking or publishing automated reviews. Additionally, Potrentals.com may impose to the Host fees to cover the administrative burden associated with the treatment of the Travel Issue claim (such fees to deduced from your future payouts). If Potrentals.com believes, in good faith, that the circumstances of the Travel Issue can reasonably be expected to continue or occur again, Potrentals.com reserves the right to cancel future bookings of the Listing associated with the Travel Issue.

 

11.1.6. Prior to submitting a valid claim for a Travel Issue, the Guest must (i) not have caused, directly or indirectly, the Travel Issue, and (ii) use reasonable effort to remedy the Travel Issue (preferably in writing, since the Guest must be able to prove such reasonable efforts). Then, the Guest must submit the Travel Issue claim to Potrentals.com Customer Support within twenty-four (24) hours after the Guest checked-in at the Rental Property.

 

11.1.7. Subsequently to the receipt of a Travel Issue claim made by the Guest, Potrentals.com will contact the appropriate Host and offer the Host the chance to dispute the Travel Issue (in particular by providing evidence to the contrary). To be allowed to dispute the Travel Issue, the Host must have first used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.

 

11.1.8. In order for Potrentals.com to determine the validity of your Travel Issue, (i) the Guest must attach any supporting evidence (such as photographs) to the claim, and (ii) both the Host and Guest must cooperate with Potrentals.com’s request for any additional information. You understand the lack of solid evidence or effective cooperation can seriously affect, to your detriment, all determinations made by Potrentals.com under the Travel Issue Policy. 

 

11.1.9. The Travel Issues Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest. In no event will Potrentals.com’s aggregate liability arising out of or in connection with this Potrentals.com Guest Refund Policy, exceed the amount of the Rental Property fees and of the Experience Fees collected by Potrentals.com from the Guest.

 

11.2. Valid Travel Issues

 

11.2.1. A valid Travel Issue may include, in Potrentals.com sole discretion, the following Host’s acts or omissions:

 

(i) The cancellation of the booking by the Host within twenty-four (24) hours before the scheduled booking’s start;

 

(ii) The Host’s failure to give reasonable access to the Rental Property or the Experience;

 

(iii) The invasion of Guest’s privacy by the Host, including, without limitation, the use of a covert camera in private areas of the Rental Property without prior information; or

 

(iv) The lack of information by the Host in the Listing about unusual activities or practices in which the Host may engage in the presence of the Guest, such as naturism at home.

 

11.2.2. A valid Travel Issue may include, in Potrentals.com sole discretion, the inaccuracy of the Listing’s textual or visual description of the Rental Property with respect to:

 

(i) The actual size of the Rental property, or of its constituting rooms;

 

(ii) Whether the booking of the Rental Property is for an entire home, private room or shared room;

 

(iii) Special amenities or features of the Rental Property that are not provided or do not function; or

 

(iv) The physical location of the Rental Property, which is unreasonably approximate.

 

11.2.3. A valid Travel Issue may include, in Potrentals.com sole discretion, the failure of the Rental Property to:

 

(i) Meet safety and health standards, given the location and the nature of the particular Rental Property; or

 

(ii) Be generally clean and sanitary.

 

12. Security Deposits

 

12.1. You, as a Host, may elect to require a security deposit in your Listing of Rental Property (“Security Deposit”) in order to cover the cost of loss or damages your Guest may cause to the Rental Property or any personal or other property at your Rental Property (« Property Damages »). If so, you must specify such Security Deposit in your Listing before the Guest makes a request for booking. Potrentals.com will cap the amount of the Security Deposit you can require in your Listing. You are not allowed to require a Security Deposit after the request for or confirmation of a booking. You are strictly forbidden to ask for the payment of a Security Deposit of any kind, or by any mean, outside of the Potrentals.com Platform for any booking made or to be made through the Potrentals.com Platform.

 

12.2. You, as a Host, understand that the specification of a Security Deposit in your Listing will not have for consequence that the Guest will pay you such specified amount as part of the payment required to book such Listing. The payment of the Security Deposit or part of it may only occur in the presence of a Property Damage.

 

12.3. If you hold the Guest responsible for a Property Damage, you can send a request to your Guest for the payment of an amount up to the Security Deposit (“Deposit Claim”), via the dedicated functionality accessible from your Potrentals.com Account (“Deposit Claim Center”). You must use only the Deposit Claim Center to resolve a Security Deposit dispute, otherwise, you understand and agree Potrentals.com may refuse to play any role regarding this Security Deposit Dispute.

 

12.4. As a Host, you may open a Deposit Claim within fourteen (14) days after your Guest checks-out of your Rental Property. In order to open a Deposit Claim, you, as a Host, will be required to set the requested amount you claim the Guest should pay, in the limit of the Security Deposit you specified in the appropriate Listing. The amount you request the Guest to pay shall be limited to cover the cost of the Property Damage and only such cost. You, as a Host, will also be asked to provide mandatory information in support of your Deposit Claim, such as description and photographs of the damage and receipt of the damaged furniture.

 

12.5. On receiving a Deposit Claim by the Host, you, as a Guest, may either (i) agree on the payment requested by the Host, (ii) contest the requested amount by formulating a counter-proposal or (iii) fully deny the Deposit Claim. In the event the Guest contests the requested amount, the Host may accept the counter-proposal or make a new and final proposal. In the event both the Host and Guest do not agree on a specific amount within ninety-six (96) hours after the Deposit Claim was opened by the Host, or if the Guest fully deny the Deposit Claim, the Host may (i) close the Deposit Claim or (ii) require the Potrentals.com mediation to settle the dispute. Please note that if the Potrentals.com mediation is not required by the Host, the Deposit Claim will be automatically closed seven (7) days after it was opened by the Host if the Host and the Guest do not agree with each other on a payable amount during this time frame. 

 

12.6. When Potrentals.com provides its mediation for the Deposit Claim, Members understand and agree on all determinations by Potrentals.com with respect to the Deposit Claim, in particular, the responsibility for, the gravity of the damage suffered and the amount the Guest must pay shall be final and binding on Members. You understand that in all determinations, Potrentals.com may consider, in its determination, any local relevant practices and standards in relation with rentals security deposits.

 

12.7. In order for Potrentals.com to make any determination, you may be asked to provide any information or document (such as photographs), in addition to the ones you may have already provided on the Deposit Claim Center. You understand the lack of solid evidence or effective cooperation can seriously affect, to your detriment, all determinations made by Potrentals.com.

 

12.8. If you, as a Guest, are required to pay the Security Deposit or part of it, Potrentals.com may apply management fees. You agree to pay such management fees in the same payment required for the payment of the Security Deposit. Such management fees will be included in the amount to be paid under your obligation to pay the Security Deposit, or part of it.

 

12.9. You agree to pay Potrentals.com, as the Host’s payment collection agent, the total or partial amount of the Security Deposit as (i) agreed upon with the Host via the Deposit Claim Center, or (ii) determined by Potrentals.com under its mediation. Accordingly, you hereby authorize Potrentals.com to collect such amount by charging your Payment Method, either directly or indirectly, via Third-Party Payment Processor(s) (as defined below). In the event Potrentals.com is unable to collect the Security Deposit payment by charging your Payment Method, you understand and agree on Potrentals.com reserves the right to pursue any remedies available to Potrentals.com, including, without limitation, recovery procedures in this regard. In the event Potrentals.com pursue a recovery procedure against you, such recovery procedure will be conducted by Potrentals.com on behalf of the Potrentals.com entity you contracted with. Potrentals.com may apply recovery fees in the event Potrentals.com has to pursue any other remedy to its inability to charge your Payment Method. You agree to pay such recovery fees in the same payment Potrentals.com may recover by any remedy. Such management fees will be included in the amount to be paid under your obligation to pay the Security Deposit, or part of it.

 

12.10. Potrentals.com will remit you the Security Deposit amount in a timely manner after, and only, a collection of such amount from the Guest. Since Potrentals.com act as a payment collection agent to accept payments from Guests, you understand that Potrentals.com’ obligation to pay you any Security Deposit amount is subject to and conditional upon successful receipt of such amount funds from Guests. In the event Potrentals.com is definitely unable to collect the Security Deposit amount due by the Guest, Potrentals.com may offer you, in its sole discretion, to reduce the Host Fees you may pay to Potrentals.com in the future by the Security Deposit amount the Guest should have paid to you.

 

13. Guest’s Damage to Rental Properties

 

13.1. The provisions of the present section « Guest’s Damage to Rental Properties » only apply when the cost of a Property Damage exceeds the Security Deposit amount you specified in the appropriate Listing. If so, Potrentals.com may help the Host to seek further payment from the Guest to cover this cost. If the cost of the Property Damage does not exceed the Security Deposit amount you specified, you, as a Host, must seek cover payments from the appropriate Guest via the Deposit Claim Center

 

13.2. As a Guest, you are responsible for leaving the Rental Property (including any personal or other property located at the Rental Property) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Rental Property, excluding the Host.

 

13.3. As a Host, in order to seek payment from the Guest for Property Damages which costs exceed the Security Deposit, you must submit your claim to the Potrentals.com Customer Support within fourteen (14) days after the day your Guest checked out of your Rental Property. You claim must be supported by the following documentation (i) clear and detailed photographs or videos of the reported lost or damaged property; (ii) a receipt, invoice or any other proof of the fair trade value of the damaged material goods, or any precise cost report; (iii) evidence of lawful possession; (iv) the police report issued in connection with the reported physical loss or damage and (v) any document that you believe to be supportive of your claim and helpful for Potrentals.com in processing it. Potrentals.com reserves the right to ask for any additional documentation as necessary for its determination. Potrentals.com will review your claim and will determine, in its sole discretion, if your claim is valid, the Guest is responsible, the cost of the Property Damage and if Potrentals.com will help you by seeking payment from the Guest.

 

13.4. If a Host claims and provides required documentation and solid evidence that you, as a Guest, have caused a Property Damage, you agree the Host can seek further payment from you for the cost of the Property Damage. You, as a Guest, will be given an opportunity to respond and contest such claims. If you agree to pay the Host, or Potrentals.com determines in its sole discretion that you are responsible for the Property Damage, Potrentals.com will collect any such amount from you in accordance with these Terms. Potrentals.com also reserves the right to otherwise collect payment from you and pursue any remedies available to Potrentals.com in this regard in situations in which you are responsible for a Property Damage.

 

13.5. You, as a Host, acknowledge and agree that any amounts payable by the Guest to cover the Property Damage and collected by Potrentals.com under the present section « Guest’s Damage to Rental Properties », if any, will be reduced by the amounts you have already been paid from any other source to cover the same Property Damage, including, the insurer of the Guest responsible for this Property Damage or amounts received under guarantee, indemnity or any other insurance policy. In the event you have already been paid by the Guest to cover the cost of a Property Damages and this payment constitutes overlaps with any cover payment by any other sources, Potrentals.com may decide to refund the Guest of the amount paid and you agree to reimburse Potrentals.com of the refunded amount as soon as you receive the other cover payment by the other source.

 

13.6. If you are a Guest, you understand and agree that Potrentals.com may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal property of the Host (including without limitations amounts paid by Potrentals.com under any insurance offered to the Host). You agree to cooperate with and assist Potrentals.com in good faith, and to provide Potrentals.com with such information as may be reasonably requested by Potrentals.com, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, without limitation, executing documents and taking such further acts as Potrentals.com may reasonably request to assist Potrentals.com in accomplishing the foregoing.

 

13.7. This section « Guest’s Damage to Rental Properties » is not and does not provide an insurance policy.

 

14. Disputes between Members

 

14.1. Any actual or potential agreement or transaction between Members and their ability to enter in such a transaction; any Member Content (as defined below), including, without limitation, Listings and Travel Reviews; any Rental Property and Experience, including, without limitation, their quality, condition, safety or legality; are solely the responsibility of each Member.

 

14.2. If you have a dispute with another Member, you must resolve the dispute directly with the Member, which requires to expose in writing your complaint directly to the other Member you have a dispute with. Potrentals.com may, but is not required to, assist in resolving any disputes between Members. You can request the mediation of Potrentals.com in the dispute opposing you to another Member only if one of the Members of the dispute contacted Potrentals.com Customer Support within seventy-two (72) hours after the day the booking at issue terminated. 

 

14.3. If Potrentals.com decides to offer its mediation to resolve a dispute occurring between Members, these Members engage in cooperating with Potrentals.com’s request for any information. You understand the lack of supporting evidence or effective cooperation can seriously affect, to your detriment, all determinations made by Potrentals.com in its mediation.

 

14.4. You understand and accept that all determinations of Potrentals.com with respect to the resolution of a dispute between Members shall be final and binding on the Guests and Hosts.

 

15. Payment Services

 

15.1. General Terms on payment services

 

15.1.1. You hereby authorize Potrentals.com to collect from you (i) amounts due for any bookings made in connection with your Potrentals.com Account, (ii) any other amounts due pursuant to these Terms and (iii) fees improperly paid to you.

 

15.1.2. You authorize Potrentals.com to charge, as outlined in these Terms, your Payment Method or Payout Method that you have linked to your Potrentals.com Account.

 

15.1.3. Any refunds or credits due to a Member pursuant to these Terms will be initiated and remitted by Potrentals.com. All refunds may be subject to these Terms, Travel Issue Policy and Force Majeure Policy. If a Guest or Potrentals.com decides for any reason to cancel a confirmed booking pursuant to these Terms, Travel Issue Policy and Force Majeure Policy, you agree that Potrentals.com will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Terms. As a Host, you agree that in the event you have already been paid, Potrentals.com will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you. 

 

15.1.4. Potrentals.com will process payments either directly or indirectly, by working with various third-party payment processors (“Third-Party Payment Processors”) or via one of the payment methods described on the Site or Application (such as gift cards).

 

15.1.5. Potrentals.com may charge fees for use of certain Services related to payments and payouts and any applicable fees will be disclosed to you via the Potrentals.com Platform before you make or accept payments when using such Services.

 

15.1.6. In case there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to the collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

 

15.1.7. In the event Potrentals.com has any doubt about a payment being fraudulent, Potrentals.com will hold all related Booking Fees paid by the Guest until such times Potrentals.com ensures such payment is non-fraudulent. To this end, Potrentals.com may require any necessary documents to verify the payment, including, without limitation, identification documents of the holder of the bank/credit card used to make the payment or proof of residence from the Host. If Potrentals.com confirms the payment is non-fraudulent, Potrentals.com will process the payout of all Booking Fees to the Host. Otherwise, Potrentals.com will refund all Booking Fees to the Guest’s credit card (which may take up to four (4) weeks).

 

15.1.8. Potrentals.com will take steps, directly or indirectly (via third-parties such as your bank) to rectify any payment processing errors that Potrentals.com becomes aware of. These steps may include crediting or debiting (as appropriate) the same Payment Method or Payout Method used for the original Payment by or Payout to you, so you end up receiving or paying the correct amount. You agree that in the event you have already been paid, Potrentals.com will be entitled to recover the amount of any payment errors, including by subtracting such amount out from any future Payouts due to you. Potrentals.com will use reasonable measures to try to correct any payment processing errors that Potrentals.com becomes aware of after you report an error in writing to us.

 

15.1.9. If Potrentals.com cannot pay funds due to you (such as Payout or any refund) during the relevant period of time set forth by the appropriate local authority in its unclaimed property laws, Potrentals.com may process the funds due to you in accordance with its legal obligations, including by submitting such funds to the appropriate local authority as required by local law.

 

15.2.  Payment Methods and Payout Methods

 

15.2.1. You must link to your Potrentals.com Account a Payment Method or Payout Method in order for Potrentals.com to, respectively, collect from or remit payment to you. When you do so, you will be asked to provide customary billing and/or banking information, such as the name on the account, billing address and credit card or bank account information either to Potrentals.com or its Third-Party Payment Processor(s).

 

15.2.2. When you add or use a new Payment method, Potrentals.com may verify the Payment Method by (i) authenticate your account via a third-party payment services provider, or (ii) pre-authorizing a nominal amount. In such cases, Potrentals.com will release the hold once the verification terminated. For further verification, Potrentals.com may also require you to upload a billing statement. You authorize Potrentals.com to perform these verifications on your Payment Method and Payout Method.

 

15.2.3. You must provide accurate, current, and complete information when adding a Payment Method or Payout Method. You must keep your Payment Method and Payout Method up-to-date at all times. You understand that Potrentals.com is not responsible for any funds transaction failure or loss due to incorrect Payment Method or Payout Method information provided by you.

 

15.2.4. You understand applicable third-party payment services providers associated with your Payment Method or Payout Method may (i) charge you additional fees when Potrentals.com processes payments from you or to you, and (ii) impose delays on your payment. Potrentals.com is not responsible for any such fees and/or delays and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions, and privacy policies, imposed by the applicable third-party payment services providers, that you should review before linking your Payment Method or Payout Method to your Potrentals.com Account.

 

15.3. Third-Party Payment Processors

 

15.3.1. Potrentals.com works with one or various Third-Party Payment Processor(s) to enable Hosts to accept payments from Guests.

 

15.3.2. You understand and agree Potrentals.com is not responsible for (i) the ability of Third-Party Payment Processors to make their payment services it provides available at any times, (ii) any delays in the provision of payment services by Third-Party Payment Processors, and (ii) the damageable acts and omissions of Third-Party Payment Processor in providing payment services to you.

 

15.3.3. Potrentals.com’s payment services may incorporate or link to Third-Party Payment Processors websites or resources. Such website or resources are subject to different terms and conditions and privacy policies and Members should review them independently. You understand Potrentals.com is neither responsible nor liable for the availability or accuracy of such websites or resources.

 

15.3.4. Your access to or use of certain payment services provided by Third-Party Payment Processors may be subject to, or require you to accept, additional terms and conditions and privacy policies. If there is a conflict between these Terms and applicable terms and conditions of a Third-Party Payment Processor, the latter terms and conditions will take precedence with respect to your use of or access to the payment services, unless specified otherwise.

 

15.3.5. The services are currently provided by Paypal (see https://www.paypal.com/ca/webapps/mpp/ua/legalhub-full?locale.x=en_CA) (collectively, the “Paypal Services Agreement”) and Stripe (see https://stripe.com/en-ca/ssa) (collectively, the “Stripe Services Agreement”). By agreeing to the present Terms or continuing to use the Services, you agree to be bound by the Paypal Services Agreement or Stripe Services Agreement based on the Payment Method you chose. These two agreements may be modified by Paypal or Stripe from time to time. As a condition of Potrentals.com enabling payment services through Paypal or Stripe, you agree to provide Potrentals.com accurate and complete information about you and/or your business, and you authorize Potrentals.com, as applicable, to share with Paypal or Stripe this information and transaction-related information associated to your use of the payment services provided by Paypal or Stripe.

 

16. Rounding Off

 

16.1. Potrentals.com may, in its sole discretion, (i) round up any amounts that are payable from, and (ii) round down any amounts that are payable to Members, to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest currency supported by the Potrentals.com Platform).

 

16.2. Some currencies are denominated in large numbers. In those cases, Potrentals.com may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency.

 

17. Foreign Currency and Conversion

 

17.1. Potrentals.com’s online platform facilitates bookings between Members who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Potrentals.com Platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.

 

17.2. Each foreign currency conversion is processed at a foreign currency conversion rate for the amount of one (1) currency that must be paid to buy a certain amount of another currency at a given time. Currency conversion rates will vary from time to time.

 

17.3. Potrentals.com will process a foreign currency conversion in certain situations as determined by Potrentals.com. Potrentals.com will do so by using a system-wide rate for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by Potrentals.com (“Base Exchange Rate”). Potrentals.com (i) establishes the Base Exchange Rate using data from one or more third-parties such as tradingeconomics (https://tradingeconomics.com/currencies), and (ii) updates the Base Exchange Rate on a regular basis, but not on a real-time basis. Accordingly, you understand the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.

 

17.4. Potrentals.com may also use an adjusted exchange rate by adding to this Base Exchange Rate a mark-up that represents a charge imposed by Potrentals.com for its holding costs and foreign currency risks (“Adjusted Exchange Rate”). When you as a Guest submit a booking request for a Listing, you may be able to view the Actual Exchange Rate used to calculate your Payment. Where the Adjusted Exchange Rate is applied, you may be able to view the mark-up included. The Actual Exchange Rate (and any mark-up included in such rate) will also be stated in the billing receipt for your booking.

 

17.5. Please note that Potrentals.com may impose or deduct foreign currency processing costs on or from any payments or payouts by Potrentals.com in currencies other than U.S. dollars (“USD”) and Canadian dollars (“CAD”).

 

17.6. Please note that third-party payment services providers (such as your credit or bank card issuers) will use a currency conversion rate for and may impose a currency conversion fee on your Payment or Payout, if your Payment or Payout Method is denominated in a currency that is different from the currency in which (i) a Guest has to pay for his or her booking or any other due amounts pursuant to these Terms, or (ii) a Host is paid for the booking of a Listing or any other due amounts pursuant to these Terms. All of these currency conversion rates and fees are not controlled by or known to Potrentals.com.  As a Host, you acknowledge and agree that third-party payment services providers and/or bank or wire transfer fees may be deducted from your Payouts.

 

18.  Taxes

 

18.1. As a Host, you understand and agree that you are solely responsible for knowing and complying with local tax regulations. In particular, you are responsible in determining your obligations to mention in your Listing, collect, report and/or remit to the appropriate local governmental agencies, departments or authorities (“Tax Authorities”) any applicable income taxes, value added taxes, sales taxes, Occupancy Taxes (as defined below) and/or any other applicable taxes (collectively “Taxes”). 

 

18.2. Tax regulations may require Potrentals.com (i) to collect appropriate Taxes-related information from users and share it to the appropriate Tax Authority (e.g. in the form of an official tax document to be filled by the Hosts), and/or (ii) withhold Taxes from Payouts to Hosts (such as the income tax). You are solely responsible for keeping the Taxes-related information current, complete and accurate. If you fail to provide Potrentals.com with Taxes-related information that Potrentals.com determines to be sufficient to alleviate its obligation, if any, to withhold payments to you, Potrentals.com reserves the right to freeze all payouts to you and/or withhold any amounts as required by law, until resolution.

 

18.3. You understand and acknowledge that the Tax Authority where your Rental Property is located may require you, as a Host, to collect taxes from your Guests for the right to use and/or occupy your Rental Property, and to remit such taxes to the appropriate Tax Authority. Such taxes may be locally referred to as “occupancy taxes”, “hotel taxes”, “lodging taxes”, “transient taxes”, “sales and use taxes”, “value-added taxes”, “room taxes”, “tourist taxes” or other titles ("Occupancy Taxes"). The laws in jurisdictions may vary, but Occupancy Taxes are generally required to be collected and remitted as a percentage of the rent paid by the Guest, a set amount per Guest and per day, or other variations.

 

18.4. In certain jurisdictions, the Tax Authority may assert Hosts or Potrentals.com have an obligation to collect and/or remit Taxes. If so, Potrentals.com may decide, in its sole discretion, to facilitate collection and/or remittance of Taxes from Guests on behalf of and in-lieu of Hosts. When Potrentals.com facilitates collection and/or remittance of Taxes in a jurisdiction for the first time, Potrentals.com will provide notice to existing Hosts with Listings in such jurisdictions. The amount of Taxes collected and/or remitted through facilitation by Potrentals.com, if any, will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. In any jurisdiction where Potrentals.com facilitates collection and/or remittance of Taxes on behalf of and in-lieu of Hosts, such Hosts are not permitted to also collect, and consequently remit, such taxes from their Guests.

 

18.5. In any jurisdiction in which Potrentals.com decides to facilitate collection and/or remittance of Taxes, whether you are a Guest or Host, you hereby authorize, instruct and mandate Potrentals.com to collect Taxes from Guests on behalf of and in lieu of Hosts at the time Booking Fees are collected, and to remit such Taxes to the appropriate Tax Authority.

 

18.6. For any jurisdiction in which Potrentals.com facilitates collection and/or remittance of Taxes, Hosts and Guests expressly grant Potrentals.com permission to transfer data and other information relating to Taxes collected and/or remitted, if any, to the appropriate Tax Authority.

 

18.7. You agree that Potrentals.com may seek additional amounts in the event that such Taxes collected and/or remitted are insufficient to fully discharge your obligations and/or Potrentals.com’s obligations to the Tax Authority.

 

18.8. If you benefit from an exemption from Taxes collected by Potrentals.com, if any, you may contact Potrentals.com Customer Support and provide sufficient evidence of such Taxes exemptions benefit before your booking payment. You agree that your sole remedy for Taxes unduly remitted by Potrentals.com to the appropriate Tax Authority is a refund of the undue Taxes amount from the appropriate Tax Authority, in accordance with applicable procedures set by this Tax Authority.

 

19. Content, Potrentals.com Content, and Member Content

19.1. Potrentals.com may, in its sole discretion, permit you to submit, upload, publish, or otherwise make available on and through the Potrentals.com Platform, textual, audio and/or visual or other content and information (“Member Content”). Potrentals.com may, in its sole discretion, enable Members to access and view Member Content and any content that Potrentals.com itself makes available on or through the Potrentals.com Platform, including proprietary Potrentals.com content and any content licensed or authorized for use by or through Potrentals.com from a third-party (“Potrentals.com Content”). Member Content and Potrentals.com Content are collectively referred to as to “Content”.

 

19.2. The Potrentals.com Platform and the Content may be protected, in its entirety or in part, by copyright, trademark, and/or other laws of the United States and foreign countries. You acknowledge and agree that the Potrentals.com Platform and Potrentals.com Content, including all associated intellectual property rights, are the exclusive property of Potrentals.com and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Potrentals.com Platform or Content. All trademarks, service marks, logos, trade names and any other proprietary designations of Potrentals.com used on or in connection with the Potrentals.com Platform and Potrentals.com Content are trademarks or registered trademarks of Potrentals.com. Any other trademarks, service marks, logos, trade names and any other proprietary designations used on or in connection with the Potrentals.com Platform and/or Content are the trademarks or registered trademarks of their respective owners.

 

19.3. Subject to your compliance with these Terms, Potrentals.com grants you a limited non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and install a copy of the Application on a single mobile device or computer that you own or control and (ii) run this copy of the Application solely for your own personal use. Potrentals.com reserves all rights in the Application not expressly granted to you by these Terms. If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

 

19.4. Subject to your compliance with the terms and conditions of these Terms, Potrentals.com grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and view any Potrentals.com Content solely for your personal and non-commercial purposes, and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section “Content, Potrentals.com Content, and Member Content”.

 

19.5.  Any Member Content provided by you remains your property. However, by providing or otherwise making available any Member Content on or through the Potrentals.com Platform, you hereby grant Potrentals.com a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Member Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services, Potrentals.com's business and on third-party’s websites, application and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

 

19.6. All images, materials, and content created by the Potrentals.com professional photographs whom Potrentals.com may make available to you, including Verified Photos, constitute Potrentals.com Content owned by Potrentals.com. Accordingly, you acknowledge and agree that Potrentals.com shall have the right to use, reproduce and distribute any Verified Photos in any manner for advertising, marketing and/or any other business purposes in any media and any manner now or hereinafter created, whether in relation to your Listing or otherwise, without further notice or compensation to you.

 

19.7. You represent and warrant that (i) you either are the sole and exclusive owner of all Member Content that you make available through the Potrentals.com Platform or you have all rights, licenses, consents and releases necessary to grant Potrentals.com the license to such Member Content as set forth above; and (ii) neither your Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content, nor Potrentals.com’s use of your Member Content will infringe, misappropriate or violate any third-party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

 

19.8. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Potrentals.com Platform or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Potrentals.com or its licensors, except for the licenses and rights expressly granted in these Terms. 

 

19.9. Potrentals.com undertakes to remove any clearly illegal Member Content for which it becomes aware of. If you are a Canadian resident, you can notify Potrentals.com of the presence of any clearly illegal Member Content on the Potrentals.com Platform, at any Potrentals.com’s offices address indicated in the introduction of these Terms or by contacting the Potrentals.com Customer Support, by indicating the following: (i) the notification date; (ii) your name, occupation, residence, nationality, date and place of birth; if you represent a company, the form, name, registered office and legal representative of this company; (iii) the description of the allegedly illegal Content and its precise location on the Site or the Application, (iv) the reasons for which the allegedly illegal Member Content should be removed, including the reference to legal provisions or evidence of facts; and (v) a copy of the correspondence to the author or publisher of the allegedly illegal Member Content asking for their withdrawal or modification, or the justification for what the author or the publisher could not be contacted.

 

20.  Copyright and Trademark Infringements

 

20.1. Potrentals.com respects the intellectual property rights of others, and Potrentals.com requires you to do the same when interfacing with the Site and/or Application. Potrentals.com may, in appropriate circumstances and at its sole discretion, disable or terminate service and/or access to the Site and/or Application for users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

 

20.2. In accordance with the Digital Millennium Copyright Act of 1998 and the Copyright Modernization Act of Canada (2015), Potrentals.com will respond expeditiously to claims of copyright infringement committed using the Site or the Application that are reported to Potrentals.com’s Designated Copyright Agent.

 

20.3. If you are the intellectual property rights owner or the owner's authorized agent, and you believe that your work is the subject of copyright infringement and/or trademark infringement taking place on or through the Site or Application, please deliver to Potrentals.com’s Designated Copyright Agent a DMCA notice of alleged infringement (“Notice”) providing the following information:

 

(i) Identification of the copyrighted and/or trademarked work you claim to have been infringed, or, if multiple copyrighted works are covered by a single notice, a full list of such works that you claim have been infringed;

 

(ii) Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site and/or Application, and information reasonably sufficient to permit Potrentals.com to locate the material;

 

(iii) Information sufficient to permit Potrentals.com to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

 

(iv) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law;

 

(v) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of an exclusive right under the copyright that is allegedly infringed; and

 

(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

20.4. Deliver this Notice with all required information completed, to Potrentals.com’s Designated Copyright Agent by mail or email:

 

Potrentals.com

Attn: DMCA Administrator

info@potrentals.com  

 

20.5. Upon receipt of the Notice as described above, Potrentals.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

 

21. User Conducts

 

21.1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your access and use of the Potrentals.com Platform. In connection with your access and use of the Potrentals.com Platform, you will not and you agree that you will not advocate, encourage, or assist any third-party to (i) violate any local, state, provincial, national, or other law or regulation, or any order of a court and any agreement with any third-parties; (ii) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, or (iii) export, re-export, import, or transfer the Application to your  except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws.

 

21.2. In connection with your access and use of the Potrentals.com Platform, you will not and you agree that you will not advocate, encourage, or assist any third-party to:

 

- Breach these Terms and Policies included herein by reference;

 

- Submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;

 

- Offer as a Host any Rental Property that you do not yourself own or have permission to make available to be leased or subleased, through the Potrentals.com Platform, pursuant to any applicable law or the terms and conditions of an agreement with a third-party, including, without limitation, a property rental agreement;

 

- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

 

- Unless Potrentals.com explicitly permits otherwise, book any Listing if you will not actually be using the services you booked yourself;

 

- Contact any Member for any purpose other than asking a question related to a booking, Listing Rental Properties, Experiences or the Member’ use of the Potrentals.com Platform;

 

- Recruit or otherwise solicit any Member to join third-party’s websites, applications or services without Potrentals.com’s prior written approval;

 

- Use the Potrentals.com Platform for any commercial or other purposes that are not expressly permitted by these Terms;

 

- Use the Potrentals.com Platform to find a Host or a Guest and then complete a booking of a Rental independent of the Potrentals.com Platform, in order to circumvent the obligation to pay any Service Fees or for any other reason;

 

- Request, accept or make any payment for Booking Fees and Security Deposit outside of the Potrentals.com Platform. If you do so, you acknowledge and agree that you (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payments, and (iii) hold Potrentals.com harmless from any liability for such payments;

 

- Use the Potrentals.com Platform or Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a Rental Property or participating in an Experience;

 

- Copy, store or otherwise access any information contained on the Potrentals.com Platform, including without limitation, personally identifiable information about any other Member, in any way that inconsistent with these Terms, the Potrentals.com Privacy Policy or that otherwise violates the privacy rights of any other person;

 

- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Potrentals.com or any of Potrentals.com’s providers or any other third-party (including another user) to protect the Potrentals.com Platform and/or personal data of any other users;

 

- Use, display, mirror or frame the Potrentals.com Platform or Content, or any individual element within the Potrentals.com Platform, Potrentals.com’s name, any Potrentals.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Potrentals.com Platform, without Potrentals.com’s express written consent;

 

- Dilute, tarnish or otherwise harm the Potrentals.com brand in any way, including through unauthorized use of Content, registering and/or using Potrentals.com or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Potrentals.com domains, trademarks, taglines, promotional campaigns or Content;

 

- Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Potrentals.com Platform and Content;

 

- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Potrentals.com Platform;

 

- Access, tamper with, or use non-public areas of the Potrentals.com Platform, Potrentals.com’s computer systems, or the technical delivery systems of Potrentals.com’s providers;

 

- Reproduce or circumvent the navigational structure or presentation of the Site and Application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site or Application;

 

- Probe, scan or test the vulnerability of the Potrentals.com Platform or any network connected to the Site or Application, nor breach the security or authentication measures on the Potrentals.com Platform or any network connected to the Potrentals.com Platform; or

 

- Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Potrentals.com Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.

 

21.3. In connection with your access and use of the Potrentals.com Platform, you will not, and you agree that you will not advocate, encourage, or assist any third-party to (i) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or (ii) otherwise engage in any violent, harmful, abusive or disruptive behavior.

 

21.4. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Potrentals.com Platform. In connection with your access and use of the Potrentals.com Platform, you agree that you will not post, upload, publish, submit or transmit any Member Content, including without limitation, any Travel Review (as defined below), pictures or videos, that: (i) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vi) promotes illegal or harmful activities or substances.

 

21.5. If you stay with or host anyone who you feel is acting or has acted inappropriately, including anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other illegal or disturbing conduct, you must immediately report such person to the appropriate authorities and then promptly (no later than twenty-four (24) hours after reporting to authorities) to Potrentals.com by contacting the Potrentals.com Customer Support with your police station and report number. You understand and agree that the provision of any police report will not obligate Potrentals.com to take any action beyond that required by law (if any) or cause Potrentals.com to incur any liability to you.

 

22. Travel Reviews, Ratings and References

 

22.1. General provisions about Travel Reviews, Ratings and References

 

22.1.1. Travel Reviews, Ratings and References (as defined below) are only intended to provide a description about Members or venues in order for you to make any determination, such as evaluating with whom you enter in contact and transact. You understand such Travel Reviews, Ratings and References (i) are not an endorsement, certification or otherwise guarantee by Potrentals.com about any Member, including, without limitation, its identity, background of future conducts, (ii) neither do they represent the opinion of Potrentals.com. Potrentals.com, therefore, recommends that you always exercise due diligence and care when deciding to have any interactions with any other Member (such as booking a Listing or accepting a booking request). Potrentals.com is not responsible for any damage or harm resulting from your interactions with other Members.

 

22.1.2. As a provider of interactive services, Potrentals.com does not control the content, accuracy, suitability or legality of any Travel Reviews, Ratings or References (as defined below) on the Potrentals.com Platform.

 

22.1.3. The publication of Travel Reviews, Ratings or References on the Potrentals.com Platform is automatic and not subject to prior scrutiny by Potrentals.com. If you consider such materials to be inappropriate or illicit, you are free to (i) contact its author via the Potrentals.com Platform, (ii) report such materials via the dedicated reporting functionality on the Potrentals.com Platform or (iii) contact the Potrentals.com Customer Support. You understand that any of Travel Reviews, Ratings or References you post must respect these Terms and the Potrentals.com Content Policy.

 

22.2. Travel Reviews and Ratings

 

22.2.1. At the end of Guest’s stay at a Rental Property or participation in an Experience, both the appropriate Host and Guest have the option, not the obligation, (i) to post a review about their respective experiences regarding such stay or participation (“Travel Review”) and (ii) to grade such experiences (“Rating”).

 

22.2.2. You understand neither the author of a Travel Review nor Potrentals.com benefit from any compensation for the publication of the Travel Review.

 

22.2.3. Both the Guest and the Host can provide Travel Reviews and Ratings within fourteen (14) days after the day of departure of the Guest from the Rental Property or Experience. The publication on the Potrentals.com Platform of the Travel Review and Ratings provided by one (1) of the parties will happen only when the other party provides so as well. Immediately after each of the two (2) parties have posted their Travel Reviews and Ratings within the provided time-frame, these Travel Reviews and Ratings are published. If only one (1) of the parties provides a Travel Review and Rating within the fourteen (14) day time-frame, the provided Travel Review and Rating will be automatically published at the end of the applicable time-frame.

 

22.2.4. Travel Reviews are displayed via the Site and the Application in reverse chronological order (from the most recent to the oldest). You cannot modify a Travel Review after you provide it.

 

22.3. References

 

22.3.1. You can solicit and receive, at any time, a reference from a friend (“Reference”). References are statements about Members that appear publicly on their public profile pages.

 

22.3.2. After receiving a Reference, you decide alone and freely to publish, or later remove, such Reference from your public profile page. References may also be surfaced elsewhere on the Potrentals.com Platform. 

 

22.3.3. You understand References are different and not related to (i) Travel Reviews, which are posted on the Potrentals.com Platform after the completion of a booking, and (ii) the Potrentals.com Referral Program, which offers Travel Credits to Member by inviting new people to Potrentals.com.

 

23. Potrentals.com Travel Credits

 

23.1. Potrentals.com may issue to you credits toward future confirmed bookings made by Members via the Potrentals.com Platform (“Travel Credits”). Travel Credits may only be redeemed for confirmed property bookings via the Potrentals.com Platform.

 

23.2. Potrentals.com Travel Credits are credit only and have no cash value nor can they be refunded or exchanged for cash.  You can only use your travel credits when booking a property and not when you are booking an experience.

 

23.3. Travel Credits can't apply to a trip that has already been paid for, but they will be applied to your next qualifying property reservation. You can earn up to $1000 CAD total in travel credit, but credits expire one (1) year maximum from the date issued.

 

23.4. You may only redeem Travel Credits after the Travel Credits are reflected in your Potrentals.com Account. The scope, variety, and type of Services and products that you may obtain by redeeming Travel Credits can change at any time.

 

23.5. Subject to applicable law, all Travel Credits are forfeited if your Potrentals.com Account is terminated or suspended for any reason, in Potrentals.com’s sole discretion, or if Potrentals.com discontinues providing the Potrentals.com Platform.

 

23.6. If for some reason you believe that there is a discrepancy regarding your balance of Travel Credits, please contact the Potrentals.com Customer Support. Potrentals.com may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Potrentals.com’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Potrentals.com Travel Credits. Where applicable, Potrentals.com may be required to account for VAT on any Services for which the Potrentals.com Travel Credits are redeemed.

 

24. Termination of Potrentals.com Account and other measures

 

24.1. You may terminate these Terms at any time by deleting your Potrentals.com Account. You can cancel your Potrentals.com account via the deletion feature present on your Potrentals.com Account, or by contacting the Potrentals.com Customer Support. By deleting your Potrentals.com Account, you, as a Host, understand such an action will automatically cancel any confirmed booking(s) and the appropriate Guest(s) will receive a full refund. By deleting your Potrentals.com Account, you, as a Guest, understand that such an action will automatically cancel any confirmed booking(s) and any refund will be processed under the appropriate Cancellation Policy selected by the Host.

 

24.2. Potrentals.com may immediately, without prior notice, delete your Potrentals.com Account (i) when such action is deemed necessary for Potrentals.com to comply with any legal requirements; (ii) if you have clearly, seriously, or repeatedly violated these Terms, any other Potrentals.com policies, any applicable laws or third-party rights; or (iii) if Potrentals.com believes in good faith that such an action is reasonably necessary for any other reasons, including, without limitation to avoid significant harm to Potrentals.com, other Members or third parties.

 

24.3. If you have (i) clearly, seriously or repeatedly violated these Terms, any other Potrentals.com policies, or violated any applicable laws or third-party rights, or (ii) repeatedly received poor Ratings or Travel Reviews; or if Potrentals.com (i) needs to comply with any legal requirements, (ii) receives complaints and evidence of your conduct, or (iii) believes in good faith that such an action is reasonably necessary to prevent illegal activity and/or significant harm to Potrentals.com, other Members or third-parties; then Potrentals.com, in its sole discretion, may take the following measures, with or without prior notice or explanation to you:

 

- The temporary or permanent suspension of your Potrentals.com Account, meaning your Potrentals.com Account will not be deleted but your access to will be blocked;

 

- The temporary or permanent limitation of your access and use of the Potrentals.com Platform;

 

- The cancellation of any of your requested or accepted bookings; and/or

 

- The temporary or permanent removal, of all and/or any of your Member Content, or the refusal to remove any Member Content.

 

24.4. If Potrentals.com takes any of the measures detailed in this section “Termination of Potrentals.com Account and other measures”, you agree that (i) Potrentals.com may refund your Guest(s) in full for any and all confirmed bookings that have been cancelled, without regard to any Cancellation Policy you selected, (ii) you will not be entitled to any compensation for the confirmed bookings that were cancelled and (iii) you will not create a new Potrentals.com Account or use the Potrentals.com Account of another Member to circumvent Potrentals.com’s decision to implement such measures.

 

25. Disclaimers

 

If you use the Potrentals.com Platform and the Content, you do so at your sole risk. The Potrentals.com Platform and the Content and are provided “as is”, without warranty of any kind, either express or implied. Potrentals.com explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Potrentals.com makes no warranty regarding the quality of any Listings, Rental Properties, Experiences or the accuracy, timeliness, truthfulness, completeness or reliability of any materials obtained through the Potrentals.com Platform. Potrentals.com makes no warranty that the Potrentals.com Platform will meet your requirements or expectations, or be available on an uninterrupted, secure, or error-free basis. 

 

You assume the risk of staying at a Rental Property and using any of the facilities or objects you find in a Rental Property. Potrentals.com disclaims all liability for any accidents, including, without limitation, lifelong injuries, drownings, and deaths, at a Rental Property. You agree that the Experiences listed by Hosts may carry inherent risk, and you freely and voluntarily choose to assume those risks by participating in these Experiences. Some Experiences by Hosts may carry, without limitations, property damage, risk of illness, bodily injury, disability or death. You assume full responsibility for the choice you make before, during and after your participation in an Experience.

Any actual or potential agreement or transaction between Members, including a Guest and a Host, including the quality, condition, safety or legality of the Rental Properties and the Experiences, and the truth or accuracy of the Listings, Travel Reviews and Ratings (including the content thereof or any review relating to any Rental Property or Experience), the ability of Members to rent a Rental Property or propose an activity or a service as an Experience, or the ability of Members to contract for Rental Properties or Experiences, are solely the responsibility of each Member and not the responsibility of Potrentals.com. 

 

Potrentals.com makes no representations or warranties as to the conduct of users of the Potrentals.com Platform or their compatibility with any current or future users of the Potrentals.com Platform. Potrentals.com has no control over the conduct of Hosts, Guests and other users of the Potrentals.com Platform and explicitly disclaims all liability for any acts or omissions of any Hosts, Guests or other third-parties, including, without limitation, for sexual or other assault, moral or physical harassment, discrimination and/or physical aggression. You acknowledge and agree that Potrentals.com is not obligated to conduct identity verification or background checks on any Member, but may conduct such background checks in its sole discretion. If Potrentals.com chooses to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, Potrentals.com disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. 

 

You solely are responsible, and agree to take reasonable precautions, for all of your communications and interactions with other Members and with other persons with whom you communicate or interact as a result of your use of the Potrentals.com Platform, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Potrentals.com or not. You understand that Potrentals.com does not make any attempt to verify the statements of Members or any other users of the Potrentals.com Platform, or to review or visit any Rental Properties, any Experiences or any businesses or places reviewed by a Member.

 

You acknowledge and agree that you, as a Host, are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Rental Property at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Rental Property, if applicable).   

 

You agree that you have had whatever opportunity you deem necessary to investigate the Potrentals.com Services, laws, rules, or regulations that may be applicable to your Listings and/or the services you are offering as a Host or that you book as a Guest. You agree you are not relying upon any statement of law or fact made by Potrentals.com relating to a Listing. No advice or information, whether oral or written, obtained from Potrentals.com or through the Potrentals.com Platform, will create any warranty not expressly made herein.

 

By using the Potrentals.com Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Potrentals.com with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Potrentals.com Platform regarding any Travel Reviews, Bookings or Listings posted or made by you. This limitation shall not apply to any claim by a Host against Potrentals.com regarding the remittance of payments received from a Guest by Potrentals.com on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “limitation of liability”.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

 

26. Limitation of liability

 

IN NO EVENT SHALL Potrentals.com BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITES.

 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Potrentals.com (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITES.

 

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. 

 

27. Indemnification 

 

You agree to indemnify, defend and hold Potrentals.com Canada and its affiliates and subsidiaries and their officers, directors, employees and agents, harmless from and against any and all costs, claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your violation of these Terms or Policies, (ii) your access to or use of the Potrentals.com Platform and Content, or by any person using your user name and/or password ; (iii) your Member Content or reliance on Content; (iv) your (a) interaction with or disputes with any Member, (b) booking of a Rental Property or Experience, or (c) creation of a Listing; (v) the use, condition or rental of a Rental Property by you, including but not limited to any injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Rental Property; or (vi) the condition or the participation in an Experience by you, including but not limited to any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) or any kind arising in connection with or as a result of a provision of, booking of or participation in an Experience. 

  

28. Feedback

 

Potrentals.com encourages you to provide any feedback, suggestions, and ideas (“Feedback”) to improve the Potrentals.com Platform by any means of communication. You understand that Feedbacks will be considered non-confidential and non-proprietary to you. By providing Feedback to Potrentals.com, you irrevocably and perpetually grant Potrentals.com a non-exclusive, worldwide, sub-licensable, royalty-free license to use and publish those ideas and materials for any purpose, without compensation to you.

 

29. Applicable Law and Jurisdiction

 

These terms and conditions shall be governed by and construed in accordance with the laws of the Province of Québec applicable to agreements made and entirely to be performed within the Province of Québec, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Sites, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or provincial courts located in Québec, and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.

 

30. Terms modifications

 

30.1. Potrentals.com reserves the right to modify these Terms at any time in accordance with this provision. If Potrentals.com modifies these Terms, Potrentals.com will post the modified Terms on the Site and Application and change accordingly the date of update at the beginning of these Terms. Potrentals.com will notify you of the modification by email at least thirty (30) days before the date they become effective.

 

30.2. If you disagree with the modified Terms, you may terminate these Terms with immediate effect. Potrentals.com will inform you about your right to terminate these Terms in the email notifying the Terms modifications. In the absence of a termination of the modified Terms before the date they become effective, your continued access to and use of the Potrentals.com Platform will indicate that you agree to be bound by the modified Terms.

 

31. Miscellaneous

 

31.1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between Potrentals.com and you regarding the access to and use of the Potrentals.com Platform. These Terms supersede any and all prior oral or written understandings or agreements between Potrentals.com and you in relation to your access to and use of the Potrentals.com Platform. 

 

31.2. The failure of Potrentals.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Potrentals.com.

 

31.3. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties to these Terms. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

31.4. By using the Potrentals.com Platform, your relationship with Potrentals.com is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Potrentals.com for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Potrentals.com. As a Host, Potrentals.com does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically. You acknowledge and agree that you have complete discretion whether to list your services a Host or otherwise engage in other business or employment activities.

 

31.5. If for any reason, any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

31.6. You may not assign, transfer or delegate these Terms, by operation of law or otherwise, without Potrentals.com’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Potrentals.com may assign, transfer or delegate these Terms, at its sole discretion, without restriction.

 

31.7. Unless specified otherwise, any notices or other communications permitted or required under these Terms will be provided by Potrentals.com electronically via writing and given by Potrentals.com (i) via email (in each case to the last electronic address that you provided on your Potrentals.com Account) or (ii) by posting on the Site or on the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

31.8. Potrentals.com is not affiliated, endorsed, or otherwise associated with Airbnb or any other short-term rental platforms.

 

31.9. If the Host indicates that they will donate a portion of the funds they receive from confirmed bookings made via the Potrentals.com Platform, the Host is solely responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising for a particular cause or charity. Potrentals.com is not responsible or liable for whether the Host does, in fact, make the donation he or she pledged to make.

 

32. Language

 

The parties hereto acknowledge having expressly required that the Site Terms and all related policies and terms are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les Conditions et règlements du site ainsi que toutes les politiques et règles s'y rapportant soient rédigées en anglais.

 

33. Contact Us

 

If you are experiencing difficulties in using the Sites, please contact our Customer Service Team at info@potrentals.com.