Homeowner Agreement
You must agree to our Homeowner Agreement in order to list, renew and maintain your property on our website.
Payment is made in advance and in full. One of our several payment
plans should suit your particular needs.
Each property listing submitted for inclusion on WeNeedaVacation shall be for
a single rental home or unit only.
You may make changes to your listing at any time for no charge, even if the status
of your listing is inactive.
You are fully responsible for the accuracy of the information on your property.
You agree to hold WeNeedaVacation, LLC harmless for any and all liability that
arises out of or results from any inaccuracies in your advertisement.
WeNeedaVacation cannot be held liable for the activities, policies, communication, and marketing from third-party vacation rental websites. Any hyperlinks or directives to third-party vacation rental websites are strictly prohibited. WeNeedaVacation reserves the right to remove any language on a listing that violates this policy.
You agree to update your calendar and mark days as "unavailable" or booked within 24 hours of receipt of payment or any written or verbal agreement from habitants who intend to occupy your listing. The calendar date stamp is required to be updated regularly – every 30 days in the slower booking season and preferably every 2 weeks in the busy booking season –
even if there have been no changes to the pricing or availability. A current date stamp assures vacationers
that all pricing and availability information is accurate, and it can improve your listing's
visibility, ranking, and rating.
We also require you to respond to every inquiry you receive and to do so in a timely manner, preferably within at least 24 hours.
WeNeedaVacation reserves the right to use any photos or graphics uploaded to
our listings for our own marketing purposes as we see fit without express permission
from the lister.
Phone numbers, URLs, references to third party websites, and inappropriate or irrelevant material in listings are strictly prohibited. WeNeedaVacation reserves the right to edit or remove these references without notice.
You have a unique web page for your property that is available 24 hours a day, 7
days a week. We experience over 99% up-time, but do from time to time need to take
the site down for maintenance. Outages last a couple of hours and are done at the
quietest times of the week.
WeNeedaVacation reserves the right to change our policies and procedures at
any time without notice.
Your rental property must be clean and well-maintained.
You must be responsive to your guests before, during and after their rental of
your home.
You agree to respect the privacy of your guests and not share their personal information (names, phone numbers, home addresses, or email addresses).
Your satisfaction is guaranteed. Read our complete
Homeowner Guarantee.
Copyright Policy
You represent and warrant that you own or otherwise control all rights, including copyrights, to all photographs, images and videos provided on your listing. WeNeedaVacation is granted license to use, distribute, reproduce, and edit this content as needed to accurately depict, display, and market the property, its location, and amenities on WeNeedaVacation.com.
WeNeedaVacation does not condone the unauthorized reproduction or distribution of copyrighted content. If you believe your work has been reproduced or distributed without your authorization, please contact our team at support@weneedavacation.com.
Notice of Insurance
Massachusetts law requires homeowners to maintain a minimum of $1M in liability insurance to cover a rental home. This coverage shall defend and indemnify the owner and any guests in the home for bodily injury and property damage arising from the short-term rental. Check with your insurance agent to be sure that you have adequate liability insurance and that there are no exclusions for short-term rental coverage. If your carrier does not provide the required $1M liability coverage, you might need to take out an umbrella policy to supplement your current policy or switch to a different provider. For more information, please visit:
https://www.mass.gov/service-details/short-term-rental-insurance.
Termination of Listing
In the event that WeNeedaVacation receives complaints about your property
listing's accuracy, or about your treatment of guests, we will investigate
and give you every opportunity to present your side of the situation. But, after
such investigation and presentation, if WeNeedaVacation in its sole judgment,
believes that those complaints are not being fairly and adequately addressed by
you, we reserve the right to remove your listing from the WeNeedaVacation website
with no refund. Since our formation in 1997, we have had to do this less than once
per year. We must demand accurate listings and fair treatment of guests who
find your property through our website.
You understand that WeNeedaVacation may monitor your listing and internal correspondence for accuracy and integrity. In our sole discretion WeNeedaVacation, LLC reserves the right to terminate
and/or refuse to publish any listing with or without cause. In the event that a
listing is terminated without cause, you will receive a full refund for the current
subscription plan. In the event that a listing is terminated for cause you will
receive a pro rata refund for the time remaining on your listing. In the event that
the listing is terminated for cause as set forth in the previous paragraph, the
termination is without refund.
Limitation of Liability
IN NO EVENT WILL THE SITE, WENEEDAVACATION, OUR PARENT (WENEEDAVACATION,
LLC), SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY,
"WeNeedaVacation") BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON,
OR RESULTING FROM OUR SITE, INCLUDING BUT NOT LIMITED TO THE USE OF THE SITE AND/OR
ANY TRANSACTION BETWEEN USERS. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM
EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW AND
WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH
OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE
OF ACTION. IF YOU ARE DISSATISFIED WITH THE SITE, DO NOT AGREE WITH ANY PART OF
THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, WITH RESPECT
TO THESE TERMS OR THE USE OF THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST
US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY
OF ANY MEMBER OF WENEEDAVACATION, LLC, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE
ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE
AMOUNT OF FEES YOU PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO
LIABILITY, (B) $100.00 IN THE AGGREGATE OR (C) AS OTHERWISE PROVIDED IN THIS AGREEMENT.
Choice of Law and Forum
ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN
THE COMMONWEALTH OF MASSACHUSETTS, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY
AGREE THAT ANY CAUSE OF ACTION IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT
TO THESE TERMS WILL BE FILED IN A COURT OF COMPETENT JURISDICTION IN NORFOLK COUNTY,
MASSACHUSETTS WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE. YOU ALSO AGREE THAT
ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH
OF MASSACHUSETTS.
THIS VERSION OF THE AGREEMENT TERMS BECAME EFFECTIVE ON JULY 6, 2010. WE RESERVE
THE RIGHT, IN OUR SOLE DISCRETION, TO AMEND THESE TERMS OF AGREEMENT, IN WHOLE OR
IN PART, AT ANY TIME, WITH OR WITHOUT YOUR CONSENT, AND YOU ACKNOWLEDGE AND AGREE
THAT YOUR CONSENT TO ANY AMENDMENT IS NOT REQUIRED IN THE EVENT THE PROPOSED AMENDMENT
IS CLERICAL AND/OR NON-SUBSTANTIVE IN NATURE. NOTIFICATION OF ANY AMENDMENT WILL
BE POSTED ON THE WENEEDAVACATION WEBSITE AND WILL BE EFFECTIVE IMMEDIATELY.
WHEN MEMBERS RENEW SUBSCRIPTIONS, THE TERMS IN EFFECT AT THE TIME OF RENEWAL WILL
GOVERN UNLESS AND UNTIL ANY OTHER REVISIONS ARE MADE.