Welcome to the Second Home website (www.secondhomevacationrentals.com). This website (the "Site") is comprised of various web pages operated by Second Home Vacation Rentals and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. The Site is an e-commerce site which participates in the marketing of vacation rental properties. Please read these Terms carefully, and keep a copy of them for your reference.
Visiting the Site or sending emails to Second Home constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Second Home does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
Cancellation: All requests by the Tenant to cancel this lease must be made in writing to Owners or Agents within 60 days of the check-in date, and are subject to the property re-renting or acceptance by the Owner if the check in date is within 60 days. If the check in date is more than 60 days out, we will refund all except the processing fee and Admin fee. All deposit money will be retained until the property is re-rented at full price. If the property is not re-rented for full price, the entire rent and applicable fees (tax, admin, and processing fees) will be kept and the security deposit (if collected) will be refunded. The cleaning fee and pet fee (if collected) will be also be refunded if nobody stayed in the home. There are NO cancellations for weather, road conditions, illnesses (including altitude sickness), family emergencies or cancelled flights. Renters are responsible for their transportation to and from the property and for having a vehicle appropriate for mountain conditions - especially in the winter months. We strongly recommend snow chains or 4-wheel drive vehicles or minimally snow tires. We are not responsible for towing or pulling renters out of the snow and we do not offer refunds for time lost or damages. Refunds are not available for weather or road conditions. Vacation cancellation insurance may be available at your insurance company or through our insurance company if you are worried about problems that might occur. Each renter is responsible for getting their own policy if desired.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Second Home and Second Home is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Second Home is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Second Home of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site's domain, you hereby acknowledge and consent that Second Home may share such information and data with any third party with whom Second Home has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Second Home or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Second Home content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Second Home and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Second Home or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Second Home account to third party accounts. By connecting your Second Home account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Second Home from our offices within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the Second Home Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Second Home, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Second Home reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Second Home in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Second Home agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
Second Home reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Second Home as a result of this agreement or use of the Site. Second Home's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Second Home's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Second Home with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Second Home with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Second Home with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms and Conditions
We reserve the right to make changes to the terms and conditions as necessary.
I give permission to SafelyStay, Inc., to verify my identity, and check criminal databases in order to confirm my reservation. Complete terms regarding Safely’s guest verification can be found at www.safelystay.com/terms-of-use. Please contact Safely at Concierge@Safely.ai, or go to www.Safely.ai, if you have any questions.
TRUST AND SAFETY:
The SafelyStay, Inc. Trust and Safety Fee includes up to $10,000 of coverage for accidental contents damage and up to $100,000 coverage for accidental property damage and bodily injury. Complete terms regarding the Trust and Safety coverage can be found at www.safely.ai/secondhomesecondchance . The Trust and Safety Fee is refundable only if the reservation is canceled in writing at least twenty-four (24) hours prior to the arrival date. Any deductible or minimum claim amount will be the responsibility of the Guest, and Second Home Second Chance Vacation Rentals will process using the form of payment on file for Guest
Second Home welcomes your questions or comments regarding the Terms:
Second Home Vacation Rentals
29 S. Main St.
Alma, Colorado 80420
Email Address: firstname.lastname@example.org
Telephone number: (719) 836-7039
Effective as of February 01, 2019