No Booking, No Fee Guarantee Terms and Conditions
Last updated: September 4, 2012
While we expect our new customers to have success in listing their properties on HomeAway.com, VRBO.com or VacationRentals.com (each a “Site”), in the event that a member does not receive a booking from the member’s listing a Site, we will credit or refund the full amount of the listing fee, subject to these terms and conditions (the “Terms”). This No Booking, No Fee Guarantee (the “Guarantee”) is subject to these Terms.
1. Eligibility: New members (each a “member”) who purchase subscriptions for their first property they list on a Site are eligible to participate in the Guarantee. Properties may also be eligible for the Guarantee on their first renewal by a member if they enter an active promotional code entitling them to the Guarantee at the time of renewal. Only members who own the property that is the subject of the listing are eligible. Property managers who do not own the subject property are not eligible.
2. Requirements during the subscription or first renewal term:In order for an eligible member to qualify for the Guarantee during the original subscription and the first renewal, the following criteria must be met:
- The new subscription or renewal must have been for a twelve (12) month period and the member must have not received any discounts on the subscription;
- The member must have made the property available for rent at least six (6) months during the twelve (12) month subscription period and rental rates must have been displayed on the listing during at least six (6) months of the subscription period in advance of the dates during which the property was available;
- The property may not have been sold during the subscription period or the first renewal, as applicable;
- The member must have updated the rental calendar at least once per month throughout twelve (12) month subscription period; and
- The member must have posted the maximum number of free photos of the property provided for under the member’s subscription.
3. Requesting a Refund: A member who wishes to take advantage of the Guarantee must contact Customer Support within the seven (7) day period following the end of the twelve (12) month term of the member’s listing to make a request for refund under the Guarantee.
4. Restrictions on Subsequent SubscriptionsIf a member requests a refund under the Guarantee and we determine that the member is entitled to the refund in accordance with these terms, the member will not be eligible for the Guarantee with respect to the same or any other property on the Site or the site of any of HomeAway’s affiliates.
5. Verification of Requests for Refund. Upon making a request for refund, a member will be required to provide us with documentation to enable us to verify that the member is eligible and has met the criteria under these terms. A member must supply all requested documentation within 15 days of the request. All requests for refund are subject to verification by us in our sole discretion. Verified requests will receive a credit to the credit card used for the purchase of the listing within approximately 15 days of verification.
Changes or Cancellation of the Guarantee or these Terms: We may change, suspend or discontinue the Guarantee at any time for any reason without notice or liability. We also reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately. Any request for refund will be governed by the Terms in effect at the time of your subscription or first renewal, as applicable. You are responsible for keeping a copy of such Terms. If you do not have a copy of such Terms, we reserve the right, in our sole discretion, to apply the Terms in effect at the time of your request.
Entire Agreement, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the Guarantee. Headings in these Terms are for reference only and do not limit the scope or extent of such section. If any portion of these Terms is found to be invalid or unenforceable, such portion shall be struck and the remaining portions of the Terms shall be enforced.
Assignment: We may assign these Terms in our sole discretion. Members must obtain our prior written consent to assign these Terms