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WENEEDAVACATION, LLC IS NOT PARTY TO ANY CONTRACT, INCLUDING A LEASE, BETWEEN A VACATIONER/TENANT AND A HOMEOWNER/LANDLORD

Vacationer Terms and Conditions of Use

Introduction

Welcome to WeNeedaVacation.com, a subscription-based marketing platform dedicated to connecting vacationers with property owners since 1997. Our site allows for direct communication and rental bookings—with no booking fees. These Terms and Conditions are intended to ensure a smooth and transparent experience for all users.

Booking and Payments

When you find a property you like, use the contact form on the listing page to reach the owner directly. You'll receive an email with their contact details to finalize the booking, including signing a lease agreement and arranging payments. Payments, such as rent and security deposits, are made directly to the owner (Weneedavacation, LLC is not a party to the lease), often via methods like PayPal or Venmo, with no fees charged by the website. Be aware that additional costs, like cleaning fees or local taxes (e.g., 14.45% on Cape Cod and 11.7% on Martha’s Vineyard and Nantucket), may apply as noted in the listing or lease.

Cancellation and Responsibilities

Cancellation policies are set by each owner and detailed in the lease agreement, so it's crucial to review these terms. We strongly recommend purchasing travel insurance, such as through TravelInsurance.com, to protect against unexpected changes.

Legal and Support

The website acts as a platform, not a property manager, so it's not responsible for listing accuracy or disputes, which should be resolved directly with the owner. Your agreement is between yourself and the homeowner, Weneedavacation, LLC is not a party to that contract and has no obligations and receives no benefit from the same. These terms are governed by Massachusetts law, with disputes handled in Barnstable County courts. For questions, contact us at support@weneedavacation.com, available seven days a week.

Detailed Terms and Conditions

1. Introduction and Scope: Welcome to WeNeedaVacation.com ("Website"), owned and operated by WeNeedaVacation, LLC. These Terms and Conditions ("Terms") govern your use of the Website as a vacationer seeking to rent vacation properties. By accessing or using the Website, including creating an account or submitting inquiries, you agree to be bound by these Terms. If you do not agree, please refrain from using the Website.

2. Definitions and Key Concepts:

Owner: The property owner or their authorized agent listing a property on the Website.

Vacationer or You: The individual using the Website to inquire about or book a vacation rental.

Listing: A property advertisement displayed on the Website.

These definitions ensure a common understanding, aligning with the platform's structure as a listing service, not a booking agent.

3. Use of the Website

3.1 Eligibility and Legal Capacity: You must be at least 18 years old and have the legal capacity to enter into binding rental agreements to use the Website. However, a property owner may require a higher age limit to rent their property, which will be specified in their lease agreement, which Weneedavacation, LLC is not party to. By using the Website, you represent and warrant that you meet these requirements and are not prohibited from using the Website under applicable laws.

3.2 Accurate Information: You are responsible for providing accurate, complete, and up-to-date information when inquiring about, booking, or communicating through the Website. Providing false or misleading information may result in the termination of your access to the Website.

3.3 Permitted Use: The Website is intended solely for personal, non-commercial use to search for, inquire about, and book vacation and long-term rentals. You may not use the Website for any unlawful, fraudulent, or unauthorized purpose, including but not limited to scraping data, reselling bookings, or engaging in any activity that violates these Terms, applicable laws, or the rights of property owners or third parties.

3.4 Account Responsibility: If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You agree to notify us immediately of any unauthorized use or security breach. We are not liable for any loss or damage arising from your failure to protect your account.

3.5 Prohibited Activities: You agree not to use the Website to engage in spamming, phishing, or other harmful activities; attempt to bypass, disable, or interfere with the Website’s security or functionality; or reproduce, distribute, modify any content from the Website without prior written consent, or use automated tools (e.g., bots, crawlers) to access or collect information from the Website.

3.6 Compliance with Laws and Policies: You agree to comply with all applicable local, state, national, and international laws, as well as any property-specific rules or policies provided by property owners or managers during the booking process.

4. Disclaimers and Liability

4.1 WENEEDAVACATION, LLC IS NOT PARTY TO ANY CONTRACT, INCLUDING A LEASE, BETWEEN A VACATIONER/TENANT AND A HOMEOWNER/LANDLORD.

4.2 WeNeedaVacation.com is a platform for listing and inquiring about vacation rentals. We do not own, manage, or operate the properties listed.

4.3 We are not responsible for the accuracy, completeness, or reliability of any listing information, including property descriptions, availability, or pricing.

4.4 We do not inspect or verify the condition, safety, or legality of any listed property.

4.5 The condition of the property and the quality of your stay are the responsibility of the Owner. We recommend clarifying all details with the Owner before booking.

4.6 Any disputes, including those related to payments, cancellations, or property conditions, must be resolved directly between you and the Owner. WENEEDAVACATION, LLC IS NOT PARTY TO ANY CONTRACT, INCLUDING A LEASE, BETWEEN A VACATIONER/TENANT AND A HOMEOWNER/LANDLORD.

5. Limitation of Liability

To the fullest extent permitted by law, WeNeedaVacation.com, LLC ("WeNeedaVacation"), its affiliates, and their respective officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Website, any content on the Website, or any transactions or communications with homeowners or third parties.

This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if WeNeedaVacation has been advised of the possibility of such damages.

WeNeedaVacation acts solely as an online marketing platform to connect vacation property owners with prospective vacationers. We do not own, manage, control, inspect, or maintain any of the properties listed on the Website. We do not verify or guarantee the condition, safety, legality, or suitability of any property or its amenities.

Accordingly, WeNeedaVacation shall not be held liable for any injury, illness, death, property damage, theft, or other loss that may occur in connection with your stay at any rental property listed on the Website, or as a result of any interaction or transaction with a property owner.

6. Insurance Disclosure for Vacationer

When renting a vacation property through WeNeedaVacation.com, please be aware of the following insurance requirements and recommendations:

6.1 Owner's Liability Insurance: The legal requirement under Massachusetts law, specifically Chapter 337 of the Acts of 2018, property owners offering short-term rentals are required to maintain liability insurance with a minimum coverage of $1,000,000 per rental (Mass.gov Short-Term Rental Insurance). Please inquire with the homeowner regarding this coverage as WeNeedaVacation, LLC is not a party to any lease or contract between a Vacationer and a Homeowner.

6.2 WeNeedaVacation’s Non-Liability for Owner Insurance Compliance:

6.2.1 Platform Role: WeNeedaVacation.com is a listing platform that facilitates connections between vacationers and property owners. It does not provide liability insurance coverage for short-term rentals.

6.2.2 Insurance Disclaimer: Pursuant to Massachusetts law, property owners who offer short-term rentals are required to maintain liability insurance with a minimum coverage of $1,000,000, unless the hosting platform provides equal or greater coverage. We do not, and are not party to any contract between a vacationer and a homeowner.

WeNeedaVacation.com, LLC ("WeNeedaVacation") does not provide any insurance coverage of any kind, including but not limited to liability, property damage, personal injury, or gap coverage.

It is solely the responsibility of each property owner to obtain and maintain any legally required insurance. WeNeedaVacation does not verify or monitor compliance with applicable insurance requirements and makes no representations or warranties regarding any property owner’s insurance coverage.

WeNeedaVacation shall not be liable for any claims, damages, injuries, losses, or liabilities arising from or related to any property owner's failure to maintain adequate insurance coverage. Vacationers are encouraged to independently verify insurance coverage with the property owner prior to booking.

6.3 Vacationer Responsibility: To protect yourself, request confirmation in writing from the property owner that they maintain the required $1,000,000 liability insurance coverage on the property during your stay.

6.4 Travel Insurance for Vacationers:

6.4.1 Purpose: The owner's liability insurance does not cover personal losses such as trip cancellations, medical emergencies, or loss of personal belongings. To protect against these risks, we strongly encourage vacationers to consider purchasing travel insurance.

6.4.2 Benefits: Travel insurance can provide financial protection and peace of mind for unforeseen events, including trip cancellations, delays, medical emergencies, or lost luggage. Policies with “Cancel for Any Reason” (CFAR) coverage may offer additional flexibility, reimbursing 50%-75% of trip costs for cancellations not covered by standard policies.

6.4.3 How to Obtain: You can compare and purchase travel insurance plans from trusted providers through TravelInsurance.com, where policies are active upon purchase.

6.5 Additional Information:

6.5.1 Massachusetts Law: For more details on short-term rental insurance requirements, visit the Mass.gov Short-Term Rental Insurance page.

6.5.2 Contact Assistance: If you have questions about insurance or your rental, contact the Owner directly.

6.5.3 Disclaimer: This disclosure is provided for informational purposes only and does not constitute legal advice. Vacationers should consult with their own insurance advisors to determine specific coverage needs.

7. User Accounts and Features

7.1 Account Creation: Certain features, such as the MyVacations tool for saving searches and notes, require creating an account with an email and password.

7.2 Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

7.3 Unauthorized Use: Notify us immediately at support@weneedavacation.com if you suspect unauthorized use of your account.

7.4 Account Suspension: We reserve the right to suspend or terminate accounts for violations of these Terms.

8. Booking Process

8.1 Booking Inquiry: To book a rental, complete the Contact form on the property listing page. Your inquiry is sent directly to the Owner, who will contact you to finalize arrangements.

8.2 Lease Agreements: All booking arrangements, including lease agreements, payments, and security deposits, are made directly between you and the Owner. WeNeedaVacation, LLC is not a party to any lease agreement between Vacationers and Homeowners.

8.3 Vacationer Responsibility: You are responsible for thoroughly reviewing and agreeing to the terms of the lease agreement provided by the Owner before booking.

8.4 Platform Role: WeNeedaVacation, LLC does not mediate booking negotiations or enforce lease terms.

9. Payments and Additional Fees

9.1 Payment Methods: Payments are made directly to the Owner as outlined in the lease agreement, using methods such as PayPal, Venmo, Zelle, or others agreed upon.

9.2 No Fees: WeNeedaVacation, LLC does not process payments or charge booking fees and is not a party to and does not handle any part of the transaction between Vacationers and Homeowners.

9.3 Additional Fees: Additional fees, such as state and local taxes (e.g., Cape Cod: 14.45%, Martha’s Vineyard and Nantucket: 11.7%), cleaning fees, pet fees, or administrative charges, may apply as specified in the listing or lease agreement.

9.4 Security Deposits: Security deposits, if required, are typically refundable within 30 days, subject to the Owner’s terms.

10. Cancellation Policy and Insurance

10.1 Owner Policy: Cancellation policies are set by the Owner and detailed in the lease agreement. WeNeedaVacation.com does not impose a standard cancellation policy and we are not party to any lease or contract agreement.

10.2 Travel Insurance: We strongly recommend purchasing travel insurance, such as through TravelInsurance.com, to protect against cancellations or trip interruptions.

10.3 Dispute Resolution: Any cancellation disputes must be resolved directly with the Owner.

11. Reviews and Feedback

11.1 Submission: A review of the property may be submitted within 90 days post-stay through the link provided on the listing page.

11.2 Guidelines: Reviews must comply with our Guest Review Policy and Guidelines. Inappropriate or non-compliant reviews may be declined or removed at our discretion.

11.3 Publication: By submitting a review, you grant WeNeedaVacation. LLC the right to publish and use it for promotional purposes, subject to our privacy policy.

12. Privacy Policy and Data Handling

12.1 Homeowner Information: WeNeedaVacation.com, LLC ("WeNeedaVacation") collects contact information from vacation property homeowners exclusively for the purpose of marketing and promoting their vacation rental properties on our website. We do not sell, rent, or otherwise disclose homeowners’ personal contact information to third parties. We publish on our website only the phone numbers explicitly provided to us by homeowners for the purpose of enabling prospective tenants to contact them directly regarding rental inquiries.

12.2 Vacationer Information: WeNeedaVacation collects names, email addresses, and phone numbers from vacationers who voluntarily provide this information. This data is used solely to personalize and enhance your experience on our website, such as saving search results for future visits. WeNeedaVacation does not sell, rent, or otherwise share this information with any third party, except as outlined below. When a vacationer chooses to contact a homeowner through our platform, WeNeedaVacation shares only the necessary contact information with that specific homeowner to facilitate communication regarding the rental property.

12.3 Cookies: WeNeedaVacation utilizes browser cookies to improve user experience on our site. These cookies do not collect personally identifiable information or data about your device or software. Cookies are used exclusively to retain preferences such as saved searches and login information and to optimize website navigation. Cookies used on this site do not modify or access your personal system in any way. Information collected via cookies is not shared with third parties.

12.4 Copyright: Unless otherwise indicated, all content on this website is the property of WeNeedaVacation.com, LLC (and its predecessor, All Seasons Vacation Rentals, LLC) and is protected by copyright law. All rights are reserved. You may not copy, reproduce, distribute, alter, or otherwise use any content from this site without express prior written consent from WeNeedaVacation.

12.5 Data Protection Rights:

You have the following rights with respect to your personal data:

  • You may request access to, correction of, or deletion of your personal information by contacting us at privacy@weneedavacation.com. Please note that deletion of your information may impact your ability to use certain features of the website.
  • If you have authorized us to access your data via third-party services (such as Facebook or Google for login purposes), you may also revoke such access through your respective account settings:
    • Google Security Settings
    • Facebook App Settings

12.6 Marketing Communications: You may opt out of receiving marketing communications from WeNeedaVacation at any time. To do so, click the "unsubscribe" link in any marketing email you receive from us or contact us at privacy@weneedavacation.com.

13. Governing Law and Dispute Resolution

13.1 Governing Law: These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.

13.2 Dispute Resolution: Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state or federal courts located in Barnstable County, Massachusetts.

14. Changes to Terms

14.1 Modification: WeNeedaVacation reserves the right to modify these Terms at any time without prior notice.

14.2 Effective Date: Changes will be effective immediately upon posting on the Website. Your continued use of the Website after changes are posted constitutes acceptance of the revised Terms.

14.3 Review: We encourage you to review these Terms periodically for updates.

15. Contact Information and Support

15.1 Contact: For questions, concerns, or feedback regarding these Terms, please contact us at support@weneedavacation.com or by phone at 774-323-3911.

15.2 Availability: Our customer service team is available Monday through Friday, 9am to 5pm.

16. Additional Notes

16.1 Ferry Cancellations and Transportation Disclaimer: WeNeedaVacation is not affiliated with, nor does it control or manage, any third-party transportation services, including but not limited to ferry services operated by the Steamship Authority or Hy-Line Cruises for travel to Martha's Vineyard, Nantucket, or other destinations. Travelers are responsible for making their own transportation arrangements, including ferry bookings, which may require early reservations due to local regulations and high demand. WeNeedaVacation shall not be held liable for any delays, cancellations, costs, or inconveniences caused by ferry or other transportation service disruptions, including but not limited to missed bookings, schedule changes, or unavailability of services. We strongly recommend verifying ferry schedules and securing reservations directly through the relevant provider(s) in advance of your travel dates.

16.2 Feedback: Your feedback helps us improve. Share your experience by emailing support@weneedavacation.com or calling our main support line, 774-323-3911.

WHEN YOU AGREE TO OUR TERMS AND CONDITIONS YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT WENEEDAVACATION, LLC IS NOT PARTY TO ANY CONTRACT, INCLUDING A LEASE, BETWEEN A VACATIONER/TENANT AND A HOMEOWNER/LANDLORD.