Frank Porter Vacation Homes LL.C. “HOST” TERMS AND CONDITIONS
A. The following terms and conditions (“Host Terms”) apply to your registration as a “Host” with Frank Porter Vacation Homes Rental LL.C., and to any and all services which we provide to you as a Frank Porter Vacation Homes Rental LL.C. registered customer (“Client”). Your registration with Frank Porter Vacation Homes Rental LL.C. is conditional subject to acceptance of the terms and conditions of this agreement to these Host Terms in full.
B. In these Host Terms, Clients who are acting in their capacity as hosts (allowing their property to be occupied by nodes) will be adverted to as “Hosts” and individuals staying as guests at such property will be denoted to as “Guests”.
C. We provide services to you, the Host, to ensure that the property you make available for occupancy by Guests (“Property”) is ready for occupancy by Guests.
D. We may amend these Host Terms at any time by posting the amended terms on the website www.frankporter.com (“Site”). All amended terms will stand to take effect immediately on posting. To assure quiet and uninterrupted access to our services, you confirm that you accept the current Host Terms in full at the time you use the Site and/or our services.
A. Subject to the receipt and subsequent acceptance of a valid Service Request (defined below), we agree to provide services to you as requested by you, the Host, with reasonable skill and care and in accordance with these Host Terms.
B. A request for the receipt of any of the services can be made by you on the website or by contacting us on +971 58 949 6258 or by email at email@example.com (“Service Request”).
C. A Service Request shall be submitted by a Host at least 48 hours in advance of the predetermined time of service failing which extra charges shall be applicable. Subsequently, we shall endeavour to respond to your Service Request(s) within 24 hours of receipt of the same.
D. We are entitled to appoint sub-contractors at our discretion, to provide any and all of the services to you (“Third Party Suppliers”) with the terms and conditions of such third-party services shall apply to the relevant services in addition to these Host Terms.
3. HOST OBLIGATIONS
A. In order to ensure uninterrupted access to services, you agree to:
a. Provide us with complete, accurate and timely information about the Property, the Guest as well as other information as deemed appropriate and requested by us or which you consider relevant for the provision of the related services, at all times; and the delivery to us of (a copy of) the keys to the Property;
b. Liaise and collaborate fully with us in the proviso of the services and respond promptly to any requests which are created by us.
c. Not attempt to, at any time during or following the acceptance or implementation of these Host Terms, solicit or entice away any employees or contractors of Frank Porter Vacation Homes Rental LL.C., including our cleaners, from our employment or contractual engagement.
B. Give consent to the fact that Frank Porter Vacation Homes Rental LL.C. do not act as an insurer and that you are liable to and shall obtain appropriate insurance for the Property and its contents.
C. Indemnify and not hold us liable from and against any claims, liabilities, damages, losses and expenses, including (without limitation) reasonable legal fees, arising out of, or in association with, any breach by you of these Host Terms.
4. CHARGES AND PAYMENT
A. Invoices shall be generated and provided to you in respect of each Service Request, and such invoices may include services provided by Third Party Suppliers. The Charges shall be payable immediately upon receipt of the invoice and in any event prior to the relevant service, into the bank details specified therein. We reserve the right to cancel service if we do not receive payment prior to the commencement of that service.
A. If your Client account is terminated for whatsoever cause in accordance with the Website Terms, the agreement between you and us set out in these Host Terms shall stand terminated immediately.
B. Upon termination of your client account, we will cease to provide our services to you with immediate effect.
C. Any Charges relating to services provided up until the date of termination shall become payable immediately following termination and receipt of our final invoice.
D. You may take out a Service Request up to 24 hours before commencement of such services (“Cancelled Services”). Any Charges already paid in respect of Cancelled Services shall be refunded to you. No refund of Charges shall be compensated in regard to any Service Requests that is cancelled less than 24 hours before they are due to commence.
A. You agree that our liability in respect of any loss under these Host Terms will be limited in accordance with the terms and conditions set forth herein.
B. We will not be liable to you or be deemed to be in breach of these Host Terms due to any delay in performing, or any failure to act, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as shortages, unavailability, overbooking, severe conditions, power or other utility cut-offs, burglary, natural catastrophe, strikes, governmental action, terrorist act, war, civil unrest or other like natural events.
C. In no event shall we be liable for exemplary, incidental, indirect, special or consequential damages or for any business, financial or economic loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising out of or resulting from these Host Terms (even if we have been advised of the possibility thereof) and whether such loss occurs as a result of negligence, breach of contract, tort or otherwise by us or any agent, employee or third party providing services on our behalf (including a Third Party Supplier) except to the extent the foregoing limitation is prohibited by applicable law.
D. Notwithstanding anything to the contrary herein, subject to any exceptions set forth in applicable law, our liability for all losses, damages, and other financial obligations relating to or arising out of these Host Terms and the services provided hereunder will be limited to the monetary value of obtaining replacement services or the total of the Charges payable by you for our services within the 12 (twelve) months up to the date on which the liability is calculated, whichever is the higher amount.
E. You agree that by handing the keys to your Property to Frank Porter Vacation Homes Rental LL.C., there is an implied allowed admittance to each of Frank Porter Vacation Homes Rental LL.C.’s employees, contractors and agents access to your Property.
A. Each of the parties hereto warrants that it has the power to enter into the agreement set out in these Host Terms and has obtained all necessary approvals to do so.
B. The parties concur that these Host Terms are fair and reasonable. All the same, if any provision of these Host Terms is declared not to be valid by a court of competent jurisdiction, but would be valid if part of the wording was deleted, then such provision shall apply with such omissions as may be necessary to make it valid and the remaining provisions shall continue in full force and effect and these Host Terms shall be enforced in such manner as carries out as nearly as possible the intent of the parties hereto.
C. These Host Terms are governed by and interpreted in accordance with the laws of the UAE. You agree, as we do, to submit to the exclusive jurisdiction of the UAE courts.
Frank Porter Vacation Homes Rental LL.C. “HOST” REFUND POLICY
These terms and conditions govern policy for Guest refunds (“Guest Refund Policy”). The Guest’s rights under this Guest Refund Policy will supersede the Host’s cancellation policy.
By using the portal of Frank Porter Vacation Homes LL.C. as a Host or Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.
1. Travel Issue: “Travel Issue” means any one of the following:
A. A host of the Property (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Guest with the reasonable ability to access the Property.
B. Listing’s description or delineation of the Property is materially inaccurate with regards to:
a. Size of the Property (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms);
b. Whether the reservation for the Property is for an entire home, individual room or shared room, and whether another party, including the Host, is staying at the Property during the engagement;
c. Special amenities or features represented in the Listing are not provided or do not work, such as decks, ponds, hot baths, baths (toilet/shower/tub), kitchen (sink/kitchen range/refrigerator or major other appliances), and electrical, heating or air condition systems, or;
d. The physical location of the Property (proximity).
C. At the start of the Guest’s booking, the Property: (i) is not generally clean and sanitary (ii) contains safety or health hazards, (iii) does not include clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed in the Listing.
2. The Guest Refund Policy
If you are a Guest and suffer a Travel Issue, we concur, at our discretion, to either (i) reimburse you up to the amount paid by you (“Total Fees”) depending on the nature of the Travel Issue suffered, or (ii) use our reasonable efforts to find and book you another Property for any unused nights left in your booking which is reasonably comparable to the Property described in your original engagement in terms of size, rooms, features and quality. In the event of cancellation of booking without any Travel Issue, a full refund shall be yielded if the booking was cancelled 14 days or more before the date of commencement of the booking whereas no refund shall be offered if the engagement was less than 14 days before the date of commencement of the relevant booking.
1. Information You Give Us: We receive the information you share with us when you use the Platform:
A. Account Information: When you sign up, we require specific information such as your name, email address, and date of birth.
B. Profile Information: We may also require you to fill in a profile, which may include your address, phone number, and gender.
C. Payment Information: We gather your financial information (like your bank account or credit card information) when you utilise the Payment Services to process payments.
2. Information We Automatically Collect from Your Use of the Platform: When you use the Platform, we collect information about the services you use and how you use them:
A. Usage Information: We collect information about your interactions with the Platform, such as the pages or other content you view, your searches for Listings, bookings you have made, and other actions on the Platform.
B. Location Information: When you use specific features of the Platform, we may collect different types of information about your general location (e.g. IP address) or more specific location information (e.g. precise location from your mobile GPS).
C. Log Data: We automatically collect log data when you use the Platform, even if you have not created an Account or logged in. That information includes, among other things: details about how you’ve used the Platform (including connections to third-party applications), IP address, access times, hardware and software info, device data, device event information (e.g., crashes, browser type), and the page you’ve viewed or engaged with before or subsequently using the Platform.
D. Transaction Information: We gather up information related to your transactions on the Platform, including the date and time, amounts charged, and other related transaction details.
3. Information We Collect from Third Parties: We may pick up information that others provide about you when they use the Platform, or receive information from other sources and merge that with data we accumulate through the Platform.
A. Third Party Services: If you link, connect, or log in to your Account with a third-party service (e.g., Facebook, WeChat), the third-party service may send us information such as your registration and profile information from that service. This data varies and is controlled by that service or as authorised by you via your privacy settings at that service.
B. Your References: If an individual has written a reference for you, it will be published on your public profile page.
C. Background Information: We may use your information, including your full name and date of birth, to receive reports from various civic authorities.
D. Other Sources: To the extent allowed by applicable law, we may obtain additional information about you, such as demographic information or fraud detection information, from third party service providers and/or collaborators, and combine it with information we receive about you.