Terms of Service

1.Service Overview

Homes by Villatel provides an online platform to make reservations for short-term rentals at properties managed, owned, licensed, leased, rented, or developed by us or any of our affiliates (each a "Property" and collectively the "Properties").

2.Booking Terms; Cancellation and House Rules

Each reservation is also subject to the property-specific terms presented to you during checkout and included in your booking confirmation, including the cancellation policy, payment schedule, fees, and house rules that apply to your chosen Property (collectively, your "Booking Terms"). Your Booking Terms are Additional Terms that form part of this Agreement. If there is a conflict between these Terms of Service and your Booking Terms with respect to a particular reservation, the Booking Terms control for that reservation.

3.Electronic Communications

By using the Service and Properties, you consent to receiving electronic communications from us, including email and SMS text messages, as described in this Agreement and our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications we send to you electronically satisfy any legal requirement that such communications be in writing.

4.SMS / Text Messages

If you provide your mobile number and opt in, you agree to receive recurring automated promotional and transactional text messages (such as booking updates, service messages, and marketing offers) from or on behalf of Homes by Villatel at the number you provide, including messages sent using an automatic telephone dialing system. Consent to receive promotional text messages is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Neither we nor the wireless carriers are liable for delayed or undelivered messages. You can opt out of text messages at any time by replying STOP to any message; after opting out of promotional messages, you may still receive transactional or service messages related to your reservations. Reply HELP for help. For information about how we collect, use, and share your information, see our Privacy Policy.

5.Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices, and you agree to accept responsibility for all activities that occur under your account or password. Homes by Villatel reserves the right to refuse service, terminate accounts, remove or edit content, or cancel reservations in its sole discretion.

6.Eligibility

Unless otherwise agreed in writing by Homes by Villatel, you must be at least 25 years old to use the Service. Homes by Villatel may, at its discretion, require an additional security deposit for reservations by guests under the age of 25. By agreeing to this Agreement, you represent and warrant to us that: (a) you are (i) at least 25 years old, an emancipated minor, or possess legal parental or guardian consent to agree to this Agreement; and (ii) fully able and competent to enter into this Agreement; (b) you have not previously been suspended or removed from the Service or any of our Properties; and (c) your registration and use of the Service and our Properties is and will be in compliance with all applicable laws, rules, and regulations. If you are an organization, the individual accepting this Agreement on your behalf represents and warrants that he or she has authority to bind you, and you agree to be bound by this Agreement.

7.License & Site Access

Homes by Villatel grants you a limited license to access and make personal use of this site, and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Homes by Villatel. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Homes by Villatel. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Homes by Villatel without express written consent. You may not use any meta tags or other "hidden text" utilizing Homes by Villatel's name or trademarks without express written consent. Any unauthorized use terminates the permission or license granted by Homes by Villatel. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Homes by Villatel so long as the link does not portray Homes by Villatel or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Homes by Villatel logo or other proprietary graphic or trademark as part of the link without express written permission.

8.Reviews, Comments, Communications & Other Content

Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Homes by Villatel reserves the right (but has no obligation) to remove or edit such content but does not regularly review posted content.

If you post content or submit material, and unless we indicate otherwise, you grant Homes by Villatel a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Homes by Villatel and its sublicensees the right to use the name you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all rights to the content you post; that the content is accurate; that use of the content does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Homes by Villatel for all claims resulting from content you supply. Homes by Villatel takes no responsibility and assumes no liability for any content posted by you or any third party.

9.Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Homes by Villatel or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Homes by Villatel and protected by U.S. and international copyright laws. All software used on this site is the property of Homes by Villatel or its software suppliers and protected by United States and international copyright laws.

10.Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others and expect users of the Service to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond to properly submitted notices of alleged copyright infringement.

Notice of Infringement

If you believe content available through the Service infringes a copyright you own or control, please send a written notice to our Designated Copyright Agent (below) that includes: (a) a physical or electronic signature of the owner or a person authorized to act on the owner's behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to allow us to locate it; (d) your contact information, including your address, telephone number, and email; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the owner, or authorized to act on behalf of the owner, of the right that is allegedly infringed.

Counter-Notification

If you believe material you posted was removed or disabled by mistake or misidentification, you may submit a counter-notification that includes: (a) your physical or electronic signature; (b) identification of the material that was removed and its location before removal; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court for your district (or, if outside the U.S., the federal court in Miami-Dade County, Florida) and that you will accept service of process from the person who provided the original notice or that person's agent.

Repeat Infringers

We will, in appropriate circumstances, disable or terminate the accounts of users who are repeat infringers.

Misrepresentations

Under 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material is infringing, or was removed or disabled by mistake or misidentification, may be liable for damages.

11.Trademarks

Homes by Villatel and other marks indicated on our site are trademarks of Vacation Capital Group Management, Inc. d/b/a Villatel in the United States and other countries. Homes by Villatel graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Homes by Villatel. These trademarks and trade dress may not be used in connection with any product or service that is not Homes by Villatel's, in any manner likely to cause confusion among customers, or in any manner that disparages or discredits Homes by Villatel. All other trademarks not owned by Homes by Villatel that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Homes by Villatel.

Vacation Capital Group Management, Inc. d/b/a Villatel is not associated with, owned, promoted, or endorsed by Walt Disney World Resort, SeaWorld, or Universal Orlando Resort. As to Disney artwork, logos, and properties: © Disney.

12.Site Policies, Modification & Severability

Please review our other policies posted on this site. We reserve the right to make changes to our site, policies, and these Terms of Service at any time. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

13.Term and Termination

This Agreement is effective beginning when you accept it or first access or use the Service, and its term ends when the Agreement is terminated. To the maximum extent permitted by applicable law, if you violate any provision of this Agreement, our licenses to you and this Agreement automatically terminate without notice. In addition, we may, in our sole discretion, terminate this Agreement or your account, or suspend or terminate your access to the site, at any time for any reason or no reason, with or without notice. You may terminate your account and this Agreement at any time by contacting customer service at stay@homesbyvillatel.com and requesting that your account be deleted. Upon termination: (a) all of our licenses to you automatically terminate and you must immediately cease all use of the Service and Properties; (b) you will no longer be authorized to access your account, the Service, or any Properties; (c) you must pay us any unpaid amount due prior to termination; and (d) all payment obligations accrued prior to termination will survive.

14.Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service and Properties, and you will defend and indemnify us and our officers, directors, employees, contractors, consultants, affiliates, subsidiaries, managers, and agents from and against every claim brought by a third party, and any related liability, direct or indirect damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use or misuse of the Service or Properties; (b) your breach or violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law, rule, or regulation (including those put in place by property managers from time to time); (c) your infringement, misappropriation, or violation of any third party's rights, including intellectual property rights (including trade secrets and moral rights), or any privacy, publicity, confidentiality, contractual, property, or other rights; (d) any dispute or issue between you and any third party; or (e) any injury, death, or damage sustained by any individual or entity, or to property, caused by your or any of your guests', visitors', or invitees' acts or omissions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case you agree to cooperate with our defense.

15.Disclaimer of Warranties & Limitation of Liability

This site is provided by Homes by Villatel on an "as is" and "as available" basis. Homes by Villatel makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products, or services included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, Homes by Villatel disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Homes by Villatel does not warrant that this site, its servers, or email sent from Homes by Villatel are free of viruses or other harmful components. Homes by Villatel will not be liable for any damages of any kind arising from the use of this site, including, without limitation, direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you might have additional rights.

16.Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Agreement to Arbitrate

You and Homes by Villatel agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Service (a "Dispute") will be resolved by binding individual arbitration, rather than in court, except as set out below. This Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this provision.

Informal Resolution First

Before initiating arbitration, you and we agree to first try to resolve the Dispute informally for at least 60 days after written notice of the Dispute. Your notice must be sent to the mailing address below, and our notice will be sent to the email or postal address associated with your account.

Exceptions

Either party may (a) bring an individual action in small-claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction for the alleged infringement or misuse of intellectual property rights. These are the limited disputes not subject to arbitration.

Your Right to Opt Out

You may opt out of this arbitration agreement within 30 days after you first accept this Agreement by sending written notice of your decision to opt out to stay@homesbyvillatel.com, or by mail to Vacation Capital Group Management, Inc. d/b/a Villatel, 777 Arthur Godfrey Road, Suite 202, Miami Beach, FL 33140, Attn: Legal, including your name and the email associated with your account. If you opt out, the "Governing Law and Jurisdiction" section will govern any Dispute. Opting out has no effect on any other part of this Agreement.

Arbitration Procedures

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Agreement. The AAA Rules are available at adr.org. The arbitration may be conducted in Miami-Dade County, Florida, or, at your election, by telephone, by video, or on the basis of written submissions. The arbitrator's decision will be in writing and will be binding.

Arbitration Fees

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. We will pay any fees the AAA Rules require us to pay, and any additional fees as required by applicable law.

Class Action Waiver

YOU AND HOMES BY VILLATEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of representative or class proceeding.

Mass and Coordinated Filings

If 25 or more similar arbitration demands are submitted by or with the assistance of the same or coordinated counsel, the demands will be administered under the AAA Mass Arbitration Supplementary Rules, and the parties agree to a staged "bellwether" process and fee structure as provided by those rules.

Delegation

The arbitrator has the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement, except that a court (and not an arbitrator) will decide any challenge to the enforceability of the Class Action Waiver.

Severability

If the Class Action Waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and may be brought in court, while all other claims will proceed in arbitration. If any other provision of this section is found unenforceable, it will be severed and the remainder will remain in effect.

Future Changes

If we make a material change to this arbitration agreement after you first accept it, you may reject the change by sending us written notice within 30 days, in which case the most recent version before the change will apply.

Survival

This arbitration agreement survives termination of this Agreement.

17.Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of Florida without regard to conflict-of-law principles. For any Dispute that is not subject to arbitration, to compel arbitration or enforce an arbitration award, or to seek the injunctive relief described above, you and Homes by Villatel submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida. We operate the Service from our offices in Florida and make no representation that materials in the Service are appropriate or available for use in other locations.