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Terms and Conditions of Service to List on WeNeedaVacation.com

These Terms and Conditions ("Terms") govern your use of weneedavacation.com (the "Website"), a subscription-based service that connects property owners with vacationers for short-term and long-term rentals. By listing property on the Website, you agree to be bound by these Terms.

1. Subscription Terms

1.1 Listing Subscription: To list your property on the Website, you must subscribe to one of our listing plans. Subscription fees are payable in advance and in full at the time of subscription or renewal. We have flexible subscription plans, with discounts for annual and two-year subscriptions.

1.2 Automatic Renewal: If opted in, your subscription will automatically renew at the end of each term unless you cancel it before the renewal date. You can cancel your subscription at any time through your account settings, and you will continue to have access to the Website until the end of your current subscription period. No refunds will be issued for early cancellation, except as required by law.

1.3 Fee Changes: We reserve the right to change subscription fees and plans at any time, with or without notice.

1.4 Subscription Benefits: The subscription fee grants you the right to list your property on the Website, access to our listing tools, and customer support for managing your listing.

2. Listing Requirements

2.1 Single Property Listing: Each property listing must be for a single rental home or unit only. You may not include references or links to other properties not listed on the Website.

2.2 Legal Authority: You represent and warrant that you have the legal authority to rent and publicly market the property you are listing. You agree to adhere to all local, state, and federal laws and regulations, including those specific to short-term and long-term rentals in Massachusetts and any local zoning and permitting requirements.

2.3 Short-Term Rentals: For short-term rentals (31 days or less), you must:

  • register your property as required by state and local laws, including with the Massachusetts Department of Revenue and applicable municipal registries;
  • collect and remit all applicable lodging taxes, such as the Massachusetts 5.7% state room occupancy excise tax, local taxes, and any community impact fees or special funds (e.g., Cape Cod and Islands Water Protection Fund);
  • maintain liability insurance with coverage of at least $1 million, as required by Massachusetts law, and inform your insurance provider of your short-term rental activities.

2.4 Long-Term Rentals: For long-term rentals (more than 31 days), you are solely responsible for providing all necessary legal documents, such as lease agreements, and for complying with all landlord-tenant laws and regulations applicable in the jurisdiction where the property is located, including, but not limited to, the Fair Housing Act, the Americans with Disabilities Act, and any other federal, state, or local laws governing fair housing, accessibility, and non-discrimination. WeNeedaVacation does not facilitate or oversee long-term rental agreements.

2.5 Calendar Updates: You must keep your calendar up to date, marking days as "unavailable" within 24 hours of booking or any written agreement from inhabitants who intend to occupy your listing. For accuracy, you must update the calendar monthly, even if no changes occur.

2.6 Inquiry Response Time: You must respond to all guest inquiries within 24 hours.

2.7 Prohibited Content: You may not include in your listing any phone numbers, URLs, references to third-party websites, or inappropriate or irrelevant material. We reserve the right to edit or remove such content without notice.

2.8 Listing Changes: You may make changes to your listing at any time at no additional charge, even if the listing is inactive.

3. Responsibilities of Property Owners

3.1 Property Maintenance: You must ensure that your property is clean, well-maintained, and safe for guests, complying with all applicable health and safety standards, including Massachusetts building codes, fire codes, and health regulations.

3.2 Guest Communication: You must be responsive to guest inquiries and communications before, during, and after their stay.

3.3 Guest Privacy: You must respect the privacy of your guests and not share their personal information (e.g., names, phone numbers, addresses, or email addresses) without their consent.

3.4 Listing Accuracy: You are fully responsible for the accuracy of the information in your property listing. WeNeedaVacation, LLC is not liable for any inaccuracies or omissions in your listing.

3.5 Non-Discrimination: You must not discriminate against any guest based on race, color, national origin, ancestry, sex, gender identity, sexual orientation, age, religion, disability, familial status, marital status, veteran status, or receipt of public assistance, as prohibited by Massachusetts law (M.G.L. c. 151B).

3.6 Health and Safety: You must ensure that your property complies with all health and safety standards applicable in your jurisdiction, including but not limited to providing necessary disclosures (e.g., lead paint for pre-1978 properties for long-term tenants).

4. Booking and Payment Process

4.1 Direct Booking: The Website is a listing service only. All bookings and payments are made directly between you (the property owner) and the guest. WeNeedaVacation, LLC does not handle or process any payments for rentals, verify the accuracy of listings, or vet guests. You may set your own payment terms with guests, including requiring payment in advance.

4.2 Tax Collection: You are responsible for collecting and remitting any applicable taxes, fees, or charges from guests, including but not limited to lodging taxes and any local fees, as required by law.

4.3 Dispute Resolution: WeNeedaVacation, LLC does not mediate or resolve disputes between property owners and guests. Any such disputes are solely between the parties involved.

5. Privacy and Data Protection

5.1 Privacy Policy: We collect and process personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

5.2 Guest Data: You agree to handle guest personal information in compliance with all applicable data protection laws, including but not limited to the Massachusetts Data Security Law (201 CMR 17.00).

6. Intellectual Property

6.1 Content License: You grant WeNeedaVacation, LLC a non-exclusive, royalty-free license to use, distribute, reproduce, and edit any photos, videos, or other content you upload to your listing for the purpose of marketing and displaying your property on the Website, including for remarketing purposes.

6.2 Content Ownership: You represent and warrant that you own or have the necessary rights to all content you upload, and that such use does not infringe on any third-party rights.

6.3 Copyright Complaints: We do not condone unauthorized reproduction or distribution of copyrighted content. If you believe your work has been reproduced or distributed without authorization, please contact our team at support@weneedavacation.com.

7. Liability and Indemnification

7.1 Limitation of Liability: To the fullest extent permitted by law, WeNeedaVacation, LLC shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Website or your rental activities, including but not limited to any transactions between users or inaccuracies in listings.

7.2 Indemnification: You agree to indemnify, defend, and hold harmless WeNeedaVacation, LLC, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your use of the Website, your rental activities, or your violation of these Terms.

7.3 Third-Party Websites: WeNeedaVacation, LLC is not liable for the activities, policies, communication, or marketing of third-party vacation rental websites. Any hyperlinks or references to third-party websites in your listing are strictly prohibited.

8. Dispute Resolution

8.1 Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Barnstable County, Massachusetts, before one arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules. The parties waive any right to a jury trial, and each party shall bear its own costs unless otherwise determined by the arbitrator.

9. Termination

9.1 Termination Rights: WeNeedaVacation, LLC may terminate your subscription and remove your listing at any time, with or without cause.

9.2 Refunds for Termination Without Cause: If your subscription is terminated without cause, you will receive a full refund of any prepaid fees.

9.3 Termination for Cause: If your subscription is terminated for cause, including but not limited to violations of these Terms, inaccuracies in your listing, or failure to adequately address guest complaints, no refund will be issued.

9.4 Investigation and Suspension: WeNeedaVacation, LLC may suspend your listing temporarily for investigation of any complaints or suspected violations. We may monitor your listing and internal correspondence for accuracy and integrity.

9.5 Complaint Investigation: If we receive complaints about your property listing’s accuracy or your treatment of guests, we reserve the right to remove your listing without a refund.

10. Governing Law and Forum

10.1 Governing Law: Any dispute arising out of or relating to these Terms or your use of the Website shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.

10.2 Forum: Any legal action not subject to arbitration shall be filed in a court of competent jurisdiction in Barnstable County, Massachusetts.

11. Amendments

11.1 Right to Amend: WeNeedaVacation, LLC reserves the right to amend these Terms at any time. Any amendments will be posted on the Website and will be effective immediately upon posting. Your continued use of the Website after such amendments constitutes your acceptance of the amended Terms.

12. Miscellaneous

12.1 Website Availability: WeNeedaVacation, LLC reserves the right to take down the Website at any time for maintenance or other reasons without notice.

12.2 Contact Information: For any questions or concerns, contact us at support@weneedavacation.com.

12.3 Force Majeure: WeNeedaVacation, LLC shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

12.4 User Conduct: You agree not to misuse the Website, including but not limited to uploading malicious content, attempting to access unauthorized areas, or engaging in any activity that disrupts the Website’s functionality.

Updated: August 18, 2025