PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT CAREFULLY, AS IT CONSTITUTES A LEGALLY BINDING AGREEMENT AND CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS BROUGHT AGAINST TRIPHITZ LLC IN THE UNITED STATED. PLEASE READ THEM CAREFULLY.
Last Updated: January 1, 2021
These Terms and Conditions (this “Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and TripHitz LLC (“TripHitz”, “we”, “us” or “our”). By accessing and using any of our websites or mobile apps (collectively, the “Platforms”, and each of these, a “Platform”), creating an account on any of our Platforms, or advertising on any of our Platforms, including, without limitation, bnbloop (http://bnbloop.com), Cabinloop (https://cabinloop.com), Campingloop (https://campingloop.com), Lodgeloop (https://lodgeloop.com), and Ranchloop (https://ranchloop.com), you accept and agree, without limitation or qualification, to the terms, conditions, policies and notices contained herein (the “Terms”) including, but not limited to, conducting this transaction electronically, disclaimer of warranties, damage and remedy exclusions and limitations, and a choice of Illinois law.
Our Platforms enable users to search for, and book accommodations, including but not limited to, vacation rentals, campgrounds, cabins, bed and breakfasts, farm stays, and other lodging-related services (collectively, “Accommodation Services”, and each of these, an "Accommodation Service"). Users who publish and offer Accommodation Services are “Advertisers” or "Property Owners" and users who search for, book, or use services are “Guests”. Each Accommodation Service offering published on our Platform is a "Listing". You must register an account to access and use many features of the Platforms, and must keep your account information accurate, and up-to-date. It is a violation of our Terms to knowingly submit false or outdated information to our Platforms. As the provider of the Platform, TripHitz does not own, control, offer or manage any Listings or Accommodation Services. TripHitz is not a party to the contracts concluded directly between Advertisers and Guests, nor is TripHitz a real estate broker or insurer. TripHitz is not acting as an agent, employee, or representative in any capacity for any Advertiser or user of our Platforms.
Our mission is to promote singular experiences that inspire. We do this by bringing Guests and Property Owners together on our Platforms, and providing a venue where users can search for, book, and review Accommodation Services. We invite you to use our Platform to search for Listings and discover Accommodation Services that will inspire you.
You can use our Platforms to search for or browse Accommodation Services. You can use categories, tags, and other filters to refine your search results. One you've found a Listing you like, you can contact the Property Owner directly by messaging them through a contact form or calling them using the provided phone number.
Our Platforms enable you to find Accommodation Services, and contact Property Owners directly in order to inquire further about their services or make reservations. To make reservations, you must contact the Property Owner directly. In doing so, you will be contracting directly with the Property Owner, and subject to their terms and conditions, refund policy, cancelation policy, and other contracts they may have in place.
You are solely responsible and liable for your own acts and omissions, as well as the acts and omissions of anyone who you provide access to any Accommodation Service during your stay. You agree that you will follow all Property Owner rules at all times, and abide by any terms and conditions set forth by the Property Owner. You must act with integrity, treat the Property Owner and their staff with respect, and comply with applicable laws at all times.
You assume the entire risk out of your access to and use of the Platform, including your stay at any Accommodation or use of any other service provided by a Property Owner, or any communication you have with other Platform users. It is entirely your responsibility to decide whether an Accommodation Service is appropriate and safe for you, your family, and those you choose to bring along. Any services offered by Property Owners may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in the Accommodation Services. We are not responsible for any issues with any Accommodation Services, or Listings, including, statements and claims made by Property Owners which could be exaggerated, no longer accurate, or false. You accept and agree that we are not the provider of any Accommodation Services offered on our Platforms, and that any claims you may have regarding an Accommodation, Accommodation Service or a Listing shall be strictly between you and the Listing's Property Owner.
As a Property Owner, our Platform enables you to promote your Accommodation or Accommodation Services to our unique community of Guests and receive inquiries directly. Because TripHitz is not involved in the booking process, we do not charge a commission or booking fee. Instead, as an Advertiser on our Platform, you create your Listing and you are in control of every aspect of your offering. You set your price, availability, and rules for each Accommodation Service that you offer on our Platform. Booking requests are sent directly to you, and all communications pertaining to Accommodations and Accommodation Services are strictly between Property Owners and Guests.
Whenever you respond to a booking request or inquiry from our Platform, you are engaging directly with our Guests. If you decide to move forward and contract with a Guest, you will be solely responsible for delivering your Accommodation Services and handling all complaints that might arise between you and the Guest. Before accepting any payments for Accommodation Services, you are required to provide the Guest with a copy of any terms, policies, and other conditions that they will be subjected to by purchasing your services.
Your relationship with TripHitz is that of an independent entity or individual. You are not considered an employee, agent, joint venturer, or partner of TripHitz. We do not control your Accommodation Services or any aspect of your business. You have complete discretion to set the price and terms of your Accommodation Services.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Accommodation Services.
You may submit a listing through our Platform, by following the instructions provided on the Platform's mobile app or website. Your listing must contain accurate and complete information about your Accommodation Services, and any rules that apply to your Guests. Your Listing may not contain profanity, insulting or damaging information, or false statements. You are responsible for keeping your Listing information and content up-to-date and accurate at all times.
Your Listing position in our Platform's search results may be different depending on a variety of factors including search parameters, user preferences, the content of your Listing, and Listing characteristics. Many other factors exist which may influence how your Listing appears in our search results. You acknowledge and accept that TripHitz cannot guarantee ranking of Listings in search results, and that we are not responsible for any loss of business suffered as a result of poor ranking or loss of ranking. In addition, you acknowledge and accept that we cannot make any guarantees as to how your Listing will appear in third-party search engines (such as Google).
We reserve the right to edit and modify certain characteristics of your Listing, as well as your Listing's images, text, and other content. You must periodically monitor your Listing to ensure that any changes we make are acceptable to you, and remain true to your offering. You are solely responsible for the content of your Listing.
We may, at any time and at our sole discretion, with or without cause, terminate, suspend, and/or remove any Listings, images, text, postings, and other content or links submitted to our Platforms. Likewise, you may choose to remove your own Listing at any time.
To maintain a Listing, Advertiser must maintain a valid Visa, MasterCard or American Express credit card number ("Payment Method") on file with us. Advertiser's Payment Method will be charged upon submission and renewal of a Listing until it is canceled. Listing subscriptions are renewed on an annual basis as set forth in Section 6.3. Advertisers are generally required to pay for Listings using their Payment Method.
Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. Charges shall be calculated solely based on records maintained by us. No other measurements or statistics of any kind shall be accepted or have any effect under this Agreement.
By submitting your Listing, you are enrolling in a Listing subscription, and agreeing to pay an annual subscription fee to keep your Listing published on our Platform. Your Listing subscription will be automatically renewed for successive one-year terms until and unless it is canceled. The Listing subscription will be renewed at the then-current standard rate. Advertiser's credit card or debit card will be charged the non-refundable renewal fee in accordance with the terms of this Agreement.
We have a strict no refund policy. All payments made to us are final and non-refundable. No refunds will be provided for any reason. Listing subscriptions must be canceled prior to their renewal date in order to avoid a renewal charge.
You agree that you will not initiate a chargeback against us for any reason. By disputing a charge with your credit card company, you will be in material breach of this Agreement, and we will be entitled to a $700 USD chargeback fee, in addition to the amount of the original disputed charge, plus attorneys' fees and legal interest. All disputes are handled by our legal team. If you have any questions or concerns about a charge you must contact us via email and provide the date and amount of the charge in question.
You may cancel your Listing by contacting us via email. Cancellation notice must be received at least thirty (30) days prior to the commencement of the next renewal term. If we are unable to charge your Payment Method because it has expired or is otherwise invalid, then we may contact you to obtain payment information and/or cancel your subscription and/or run the Payment Method with an updated expiration date.
You must follow these rules at all times while using our Platforms. Failure to adhere to these rules could constitute a material breach of this Agreement.
Our Platforms enable users to upload text, photos, audio, video, files, and other content (collectively, "Content"). By uploading Content to our Platform, you grant TripHitz a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation whatsoever. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant TripHitz the rights described in these Terms. You are responsible and liable for any of your Content that violates or infringes the intellectual property or privacy rights of any third party.
Please send all copyright infringement notifications to us via email.
This Agreement becomes effective when you access the Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
You may terminate this agreement at any time by contacting us in writing or by email. TripHitz may terminate this agreement and your account for any reason with or without notice. TripHitz may also terminate this agreement immediately and without notice and stop providing access to the Platform if you breach these Terms, you violate applicable laws, or we reasonably believe termination is necessary to protect TripHitz. If your account has been inactive for at least one (1) year, we may terminate your account without prior notice.
You agree that these Terms shall survive termination to the extent necessary for the enforcement of the parties' rights and obligations.
We reserve the right to modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Platform and update the “Last Updated” date at the top of this Agreement.
Our Platform is simply a digital venue where Guests can search for Accommodation Services that suit their needs and inquire directly with the Property Owners advertising on our Platform. We do not and cannot control the Accommodations or Accommodation Services. In addition, we do not and cannot control the conduct of Guests or Property Owners. You acknowledge that we do not have any obligation to monitor the use of our Platforms or to verify any content or information submitted by our users.
We provide the Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Property Owner, Accommodation Service, or Listing. We do not warrant the performance or non-interruption of our Platforms.
We are not liable for any incidental, special, exemplary or consequential damages, including profit loss, data loss, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Platforms or any Content, (iii) any communications, interactions or meetings you may have with someone you interact with through, or as a result of, your use of the Platform, or (iv) publishing or booking of a Listing, including the provision or use of Accommodation Services.
To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold TripHitz harmless from and against any 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 breach of these Terms, (ii) your improper use of our Platform, (iii) your interaction with any user, or stay at an Accommodation Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such stay, or (iv) your breach of any laws, regulations or third party rights such as intellectual property rights.
You agree to try to resolve any dispute by contacting us by email and providing notice of the dispute. If a dispute is not resolved within thirty (30) days of notice, you may proceed to file a demand for arbitration.
You agree to resolve any claims relating to this Agreement through final and binding arbitration. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in Williamson County, Illinois.
YOU AGREE THAT ANY CLAIM AGAINST TRIPHITZ MUST BE COMMENCED BY FILING A DEMAND FOR ARBITRATION WITHIN 180 DAYS AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
The construction, validity, and performance of these Terms and any disputes between the parties shall be governed by and construed according to the laws of the State of Illinois, without giving effect to its conflict of law principles, and any federal laws applicable therein. Both parties submit to the exclusive jurisdiction of the courts of the State of Illinois with respect to any legal proceedings relating to these Terms.
The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
If any provision, or portion of a provision, in these Terms is deemed unlawful, void or unenforceable, then it will be modified to become valid and enforceable in a manner that comes closest to expressing the intention of the original provision. Any determination that a provision is unlawful, void or unenforceable will not affect the validity and enforceability of any remaining provisions in these Terms.
We welcome your questions, as well as any comments, and look forward to working with you to address any concerns that you may have regarding our Platforms or these Terms.
|Mailing Address||1117 N Carbon St #217, Marion, Illinois 62959|