Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, and a clause that governs the jurisdiction and venue of disputes. Please note that your use of and access to our Services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner.
Got2Go, Inc., operating as Got2Go, (hereinafter referred to as “Got2Go”, “we”, “us”, or “our”) provides an online platform that connects owners of residential or vacation properties (“Accommodations”, “Stays”, “Listings”) to rent them on a short- or long-term basis to renters seeking such accommodation. The Platform is accessible at got2go.com and any other websites through which Got2Go makes the Platform available (collectively, the “Got2Go Platform”, “Platform”, “Service”, “Site”, or “Application”) with any other products or services made available by Got2Go. All of the foregoing are, collectively, the “Services”. By using the Services, you agree to comply with and be legally bound by these Terms of Service (“Terms” or “Agreement”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services as well as User Content (defined below) and content generated by Got2Go (collectively “Content”) and constitute a binding legal agreement between you and Got2Go. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Got2Go Privacy Policy, or any other Got2Go policy, rules, or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.
1. Eligibility
1.1. You must be at least 18 years old to use the Services. By agreeing to this Agreement, you represent and warrant to us that you are fully able and competent to enter into this Agreement and have not been suspended or removed from the Services. In utilizing the Services and the Accommodations, you represent and warrant that your use will be in compliance with this Agreement as well as any and all applicable laws, rules, and regulations. If you are an organization, the individual accepting this Agreement on your behalf represents and warrants the authority to bind you to this Agreement and you agree to be bound by the same.
2. Services
2.1. Got2Go provides an online marketplace, through the Platform, to enable registered users (“Guests” or “Travelers”) to book short- and long-term use of Accommodations via our channel manager travel technology partners who will process payments via their chosen method and organize with the accommodation provider (“Host”) for the stay to take place. Got2Go is acting as an intermediary party and its role is to facilitate and communicate during the booking process.
2.2. Our channel manager travel technology partners, and at their discretion, individual Hosts, are responsible for all liability to any and all Listings and Accommodations delivered by the Hosts. Any bookings made will be at the Guest’s sole risk.
2.3. Got2Go is not an owner, operator, proprietor, controller, lessor, supplier, creator, seller, reseller, provider, furnisher, or manager of any Accommodations (including, without limitation, the places of location and the materials used and/or required). Got2Go is not acting as an agent in any capacity for any Host, or for our channel manager travel technology partners. Got2Go serves as an affiliate of our travel technology partners with the limited purpose of communicating payment details from the Guest to our channel manager travel technology partners along with any other required information to facilitate a booking.
2.4. When a Host accepts (including, without limitation, by pre-approval) a booking, they are entering into a contractual relationship directly with the Guest. Got2Go is not and does not become a party to, or otherwise participate in contractual relationships between Guests and Hosts, Guests and our channel manager travel technology partners, or Hosts and our travel technology partners. The Host and/or our channel manager travel technology partners exclusively determine the price to be charged, dates of booking, and the parties with whom to transact. As a Guest, you act exclusively on your own behalf and for your own benefit, and not on behalf of, or for the benefit, of Got2Go. Got2Go does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically.
2.5. Got2Go does not and cannot have control over, neither guarantee (i) the truth or accuracy of any Listings, Ratings, Reviews, or any other Host Content (ii) the performance or conduct of any Host or third party and (iii) the existence, quality, suitability to your needs or expectations, safety or legality of any Listings, Accommodations, and any other services provided by the host to the Guest.
2.6. Due to the nature of the Internet, Got2Go cannot guarantee the uninterrupted availability and accessibility of the Got2Go Platform or our channel manager travel technology partners. Moreover, Got2Go may restrict the availability of the Got2Go Platform, or certain Services (such as payment services), areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of Got2Go servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Got2Go Platform.
3. Identification and Verification
3.1. Got2Go does not endorse any Hosts, Listings, Accommodations, or services delivered by Hosts in any way. Got2Go relies exclusively on the verification process carried out by our channel manager travel technology partners, and thus has no control or liability in this process. Accordingly, Got2Go recommends you always exercise due diligence and care when deciding to have any interaction and to engage in any transaction with any Host. Got2Go is not responsible for any damage or harm resulting from your interactions with Hosts.
4. Third Party Websites
4.1. The Platform may contain links to third party websites or resources. Such third party websites and resources may be subject to different terms and conditions and privacy practices. Got2Go is not responsible or liable for, neither endorsed nor guaranteed, the availability or accuracy of such third party websites and resources, or their content, products, or related services. You will need to make your own independent judgment regarding your interaction with these third party websites and resources. Got2Go reserves the right to share any information you provide to Got2Go with both our channel manager travel technology partners and their Hosts, including payment information, personal information, and anything else that you provide to Got2Go.
5. User Registration
5.1 During the online User registration process, you will be asked to provide your name, email address and other information, and create a username and password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a username or password. Got2Go reserves the right to suspend, deactivate, delete an account, or change your username and/or password at any time and for any reason.
5.2. You shall be solely and exclusively responsible for using the Got2Go Platform and the Services strictly in accordance with applicable laws. You agree to refrain from making the Services available to any third party, remove or modify any proprietary marking or restrictive legends placed on the Services or the Got2Go Platform, or introduce into the Services or the Got2Go Platform any device, software, virus, bots, worm, “back door,” Trojan Horse, or similar harmful code (in violation of applicable law).
6. Got2Go Reservation of Rights
6.1 Got2Go is under no obligation to accept any individual as a User to the Services and may accept or reject any applicant in its sole and complete discretion. We reserve the right, but have no obligation, to request and obtain further evidence of identification from Hosts and/or Guests prior to accepting a property to the Got2Go Platform for listing or processing a booking request, as applicable. Our decisions regarding the adequacy of identification and acceptance of a property and/or booking shall be made solely at our discretion.
7. Individual Host Accommodation Listings
7.1. Listings from our channel manager travel technology partners notwithstanding, once registered, Individual Hosts may create a Listing for a Rental Property that they are legally authorized to list for rent. Got2Go will ask you to provide information about the property to be listed, including, but not limited to, proof of ownership and/or authorization to represent the property and owner of same, its address, square footage/meters, number of rooms/bedrooms/bathrooms, features, neighborhood, pricing per night, deposit preferences, financial terms, standards, and rules. Guests will book your Rental Property through the Services based on the information you provide in your listing. The price for any booking may not be altered once a Guest has confirmed a booking of your (the Host’s) accommodation. Host is fully responsible for the accuracy of property information and Got2Go assumes no liability for any inaccurate information. Got2Go reserves the right to deny property publication on our platform should it be discovered that any host and property information is either inadvertently or intentionally inaccurate.
7.2. Hosts listing any Rental Property acknowledge and agree that they are solely responsible for any and all Listings they post. Accordingly, each Host represents and warrants that any Listing and any stay by any Guest at any such accommodation will be in compliance with all applicable laws, tax requirements, rules, regulations zoning laws and laws governing rentals of residential and other properties, will not breach any agreements with any third parties, and will not conflict with the rights of third parties. You (host is) are solely responsible for evaluating the listed accommodations and ensuring that they comply with applicable law.
7.3. Please note that Got2Go assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. In particular, Hosts should identify, understand, and comply with all applicable laws, rules and regulations in their respective localities. Laws may restrict the ability to rent a property, or certain types of properties, for short time periods and/or the online advertising of tourist rentals (i.e. squatting laws). In many cities, Hosts must register, get a permit, or obtain a license before listing a property or accepting Guests. Local governments vary as to their enforcement of these laws, such as penalties or citations. Hosts should review local laws and always seek legal advice in case of any doubt before publishing a Listing on the Platform.
8. Financial Terms
8.1. Got2Go provides the Platform for Guests to remit payment by means of secure online payment for accommodation bookings, whereby Guests using this service agree to comply with these Financial Terms. Got2Go posts its approved card payment methods on its Platform for Guests to pay for accommodation bookings. Approved payment methods are required to be added by the Guest at time of checkout in order to complete an accommodation booking. You authorize Got2Go or its third party payment service provider to collect your payment method information for the purpose of completing the charge. When a Guest adds a card payment method, the Guest is asked to provide billing details (billing address and financial card information). Guests authorize Got2Go, directly or through third parties, to make inquiries we consider necessary to verify your identity. By providing the billing details and completing an accommodation booking the Guest authorizes Got2Go or its third party payment service providers to charge the provided card for the Total Fees (defined as all applicable fees, including but not limited to the Booking Fee, the Guest Fees, Security Deposit and any applicable taxes) due on the transaction. Got2Go may not be the party charging your credit card on your accommodation booking. Got2Go may facilitate (through third party payment processors assigned by the Host) the payment of the service for and on behalf of the Host (Got2Go may not be the merchant of record on the transaction). Payment is safely processed from your card by the third party payment processor into the account of the Host for the accommodation booking. Any payment facilitated by us for and on behalf of, and transferred to the Host will in each case constitute a payment of the service in final settlement of such due and payable price and you cannot reclaim such paid monies. Got2Go is not responsible for any loss suffered by you as a result of incorrect billing details provided by you.
Guests will not hold Got2Go responsible if a Guest authorizes a third party to use their payment method on their behalf. Guests are responsible for payments made by such a person given access to their payment method. In the event of credit card fraud or unauthorized use of your credit card by third parties on our Platform, most banks and credit card companies bear the risk and cover all charges resulting from such fraud or misuse. Please report fraud immediately to your card provider in accordance with its reporting rules and procedures.
8.2. Got2Go transacts and accepts payment in U.S. dollars only. Got2Go is not responsible for any foreign currency conversion or other fees incurred in order to complete an accommodation booking in U.S. dollars on our Platform and disclaims all liability. Please contact your bank or card provider for any questions about the fees or applicable exchange rates.
8.3. Got2Go reserves the right to decline or limit payments that violate U.S. laws, Got2Go’s policies or procedures or we believe may be unauthorized, fraudulent or illegal. Got2Go does not accept payments from persons located in sanctioned countries according to the U.S. prohibited countries list provided by the United States Department of Treasury’s Office of Foreign Assets Control.
9. Accommodation Bookings
9.1. When a Guest books an accommodation on Got2Go’s platform they agree to pay all charges for the booking referred to as the Total Fees (defined as all applicable fees, including but not limited to the Booking Fee, Guest Fees, Optional Fees, Security Deposit, and any applicable taxes). All cleaning fee prices are at the sole discretion of the property owner and are part of the Total Fees. The Guest’s authorized payment method will be charged immediately for an amount equal to 100 percent of the Total Fees. Refer to the Host’s security deposit payment policy for the terms specific to the accommodation booking for repayment of the security deposit. The Host, not the Guest or Got2Go, is responsible for remitting the applicable taxes to the government authorities related to the accommodation booking itself.
9.2. In consideration for the use of certain parts of the Platform, Got2Go may charge fees (and applicable taxes) to Guests (“Guest Fees”) and Hosts (“Host Fees”), collectively referred to as “Service Fees.” Where applicable, sales tax, may also be charged on the Host Fees and Guest Fees. Got2Go reserves the right to change the Services Fees at any time. A change in fees will not affect any bookings made prior to the effective date of the fee change. Service Fees may not be refundable at the discretion of Got2Go.
9.3. The Guest Fees are calculated as a percentage (generally 10% or less) of the applicable Booking Fees (which may also include cleaning fees), by using a variety of factors, for example, the reservation subtotal, the length of the stay and/or the characteristics of the Accommodation. The Guest Fees will be displayed to the Guest on the booking reservation page. Got2Go includes the Guests Fees in the Total Fees (defined as all applicable fees, including the Booking Fee, the Guest Fees, and any applicable taxes) paid by the Guest for the booking as described in these Terms. When a Guest makes a booking, they agree to and are responsible for paying the Service Fees at the time of booking, via an approved payment method on the Got2Go platform. By providing payment authorization, you allow Got2Go or its third party payment service providers to process 100 percent of the Service Fees due on the transaction.
10. Security Deposit Policy
10.1. To avoid conflicts and breakages, we recommend that all breakables and items of value are stored out of the way of the smallest guests. We also understand accidents happen, so we encourage our Users, both Hosts and Guests, to work together cooperatively on a voluntary basis to resolve any claimed property damage. Got2go assumes no liability for broken or damaged property. Hosts should consider purchasing the appropriate rental property insurance. Hosts should also decide if imposing a security deposit is right for them.
10.2. If the Host’s property has sustained damage during the course of a Guest’s stay, said Host must submit a damages claim to Got2Go (via email to claims@got2go.com) and contact the Guest, prior to a new Guest check in or within 72 hours of the Guest’s departure, whichever is earlier. Got2Go shall use commercially reasonable efforts to forward such claims to the applicable Guest. Any such claims must specify the claimed damages in writing, the estimated costs to repair or replace the damage, and provide photographs. Upon request, Got2Go may, at its sole discretion, endeavor to assist Users in resolving the claim(s). Notwithstanding the foregoing, Users are solely responsible for pursuing and/or resolving any and all claims or disputes by or among them, or with a third party, that may arise in connection with the Services, the Got2Go Platform and/or the Content including, but not limited to, filing legal and/or equitable claims, and notifying insurance companies. The Guest’s credit card will be charged for the amount of the Security Deposit, or portion thereof, that the parties agree is owed in connection with the property damages claim. The Guest will be responsible for the credit card transaction fee associated with processing the security deposit. Where Security Deposit is applicable, return of a Security Deposit is completed by the Host through their assigned third party processor.
11. Cancellation of Bookings
11.1. General terms
11.1.1. To process a cancellation in a valid manner, you must select the confirmed booking through your Got2Go Account and cancel it via the Got2Go Platform by clicking on the appropriate cancellation button. Alternatively, you can contact the Got2Go support team to process the cancellation on your behalf; in such an occasion, you will be required to confirm by writing your will to cancel the booking and your acknowledgement of the cancellation penalties that may apply pursuant to these Terms.
11.1.2. In the event, you, as a Host, have (i) clearly, seriously or repeatedly violated these Terms, any other Got2Go policies, or clearly violated any applicable laws or third party rights, or (ii) repeatedly received poor Ratings or Reviews; or if Got2Go (i) needs to comply with any legal requirements, (ii) receives complaints and evidences of your conduct, or (iii) believes in good faith that such action is reasonably necessary to prevent illegal activity and/or significant harm to Got2Go, other Users or third parties, you understand and agree Got2Go may cancel, in its sole discretion, any confirmed booking. Cancellations by Got2Go can occur any time until the beginning of the booking. Got2Go will promptly notify the appropriate Host and Guest of such cancellation and will proceed to the appropriate refund and payouts. As a User, you agree that Got2Go and the relevant other User with whom you made a booking transaction will not have any liability for such cancellations or refunds.
11.2. Cancellations by Guests
11.2.1. Got2Go allows the Host to choose, among a set of cancellation policy types, the one that works best for the Host. Both Guests and Hosts acknowledge that, once the booking is completed the Cancellation Policy selected by the Host for such Listing cannot be subsequently modified. Guests completing an accommodation booking accept and agree to the relevant cancellation and no-show policy of that Host and to any additional terms and conditions of the Host that may apply to your accommodation (including the fine print of the Host made available on our Platform and the relevant house rules of the Host). The relevant terms and conditions of the Cancellation Policy of each Host is made available on our Platform on the Host information pages related to the appropriate Listing, during the booking process on the booking reservation page and in the booking confirmation email as link to the policy. As a Guest, you are responsible for reviewing and understanding the applicable Cancellation Policy terms prior to booking an accommodation. By completing an accommodation booking you agree to the Cancellation Policy terms of the Listing you booked.
11.2.2. As a Guest, you can cancel a confirmed booking in accordance with the cancellation policy selected by the Host for the Listing you booked (“Cancellation Policy”). The applicable Cancellation Policy is detailed on the booking confirmation page link provided to you after you make the booking payment for the appropriate Listing.
11.2.3. At any point Got2Go may not be the party charging your credit card on your accommodation booking. A third party, or the Host acting as the merchant of record, may charge your card for your booking. For bookings where Got2Go’s third party payment service provider originally charged the Guest’s card on behalf of the Host (Got2Go is not the merchant of record) and the Guest cancels the confirmed booking, the third party on behalf of the Host will refund the Guest the Booking Fees and applicable Taxes pursuant to the the applicable Cancellation Policy and these terms. For bookings where Got2Go is the party that charged your card for the accomodation booking (Got2Go is merchant of record) and the Guest cancels a confirmed booking, Got2Go will refund the Guest and remit to the Host only the due portion of the Booking Fees and applicable Taxes pursuant to the applicable Cancellation Policy and these Terms.
11.2.4. As a Guest, you acknowledge and understand that, regardless of the Cancellation Policy selected by the appropriate Host, Service Fees may not be refundable at the discretion of Got2Go.
11.2.5. If you, as a Guest, cancel a confirmed booking after the allowable cancellation timeframe or scheduled check-in date of such booking, you understand you are not entitled to any refund of any kind.
11.3. Cancellations by Hosts
11.3.1. If as a Host, you cancel a confirmed booking, you understand that the entirety of the Total Fees paid by the Guest for such confirmed booking will be refunded to the Guest within a commercially reasonable time. Accordingly, as a Host, you are not entitled to receive any payment from the Guest who made the booking you cancelled. In the event you have already been paid for a booking you subsequently cancelled, you agree that Got2Go will be entitled to recover such payout amount from you, and you authorize Got2Go to reduce any future payouts by such payout amount.
11.3.2. In the event of a confirmed booking being cancelled by the Host, Got2Go may, but is not obliged to, use reasonable efforts to find and propose to the Guest an alternative available Listing. As a Guest, you remain solely responsible for the booking of such alternative Listing pursuant to these Terms, and you agree to pay Got2Go the Total Fees relating to the confirmed booking of such alternative Listing.
11.3.3. Except in the case of a Force Majeure (defined below in Section 11), Got2Go may impose a cancellation fee to the Host (that may be withheld from the future payouts of the Host). The conditions of application, and amount, of such cancellation fee will be notified to the Host before deciding to cancel.
11.3.4. If as Host, you cancel a confirmed booking, and unless a Force Majeure event occurs (defined below), Got2Go may (i) publish an automated review on your Listing indicating that a reservation was cancelled and/or (ii) keep the calendar for your Listing unavailable or blocked for the dates of the booking you cancelled.
12. Force Majeure
12.1. Got2Go shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
13. User Content
13.1. User Content Generally. Certain features of the Service may permit users to submit content to the Service, including messages, reviews, ratings, and other types of works (“UserContent”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
13.2. Ratings and Reviews. Within a certain time frame after completing a reservation, you and other users may provide us with a public review (“Review”) and/or rating (“Rating”) regarding your or such other user’s experience with the Services or at an Accommodation. Reviews and Ratings reflect the opinions of the Guest or Host who leaves such Review or Rating. They do not reflect our opinion and may be incorrect or misleading. Got2Go may, but is not obliged to, verify any Reviews or Ratings for accuracy. You understand and agree that if you provide a Review or Rating, such Review or Rating must be accurate, may not contain any offensive or defamatory language, may be surfaced anywhere (including publicly) on our Service or a third party service as permitted by us, and constitute “User Content.” Got2Go reserves the right to remove and delete any inappropriate Ratings and/or Reviews on our platform in our sole judgment and discretion.
13.3. Limited License Grant to Us. By providing User Content to or via the Services, you grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sub-licensable (including through multiple tiers), royalty-free, and fully-paid right and license to use and exploit the User Content, in whole or in part, in any manner (including in any language or any media formats and through any media channels now known or hereafter developed) and for any purpose with no obligation or accounting to you.
13.4. Limited License Grant to You. Got2Go grants Users a non-exclusive, non-transferable, non-sub-licensable and revocable license to access and use the Site, the Content, and the Services.
13.5. User Content Representations and Warranties. Got2Go disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
13.5.1. You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and our sub-licensees to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 13, in the manner contemplated by Got2Go, the Service, and this Agreement;
13.5.2. Your User Content, and the use of your User Content as contemplated by this Agreement, does not and shall not: (i) infringe, violate, or misappropriate any third party’s right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) defame, libel, slander or invade the right of privacy, publicity, or other property rights of any other individual or organization; or (iii) cause Got2Go to violate any law, rule, or regulation; and
13.5.3. Your User Content shall not be deemed by a reasonable person to be objectionable, indecent, profane, pornographic, harassing, threatening, hateful, embarrassing, or otherwise inappropriate.
13.6. User Content Disclaimer. Got2Go is under no obligation to edit or control User Content that you or other Users post or publish and will not be in any way responsible or liable for UserContent. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this Agreement or is otherwise objectionable. You understand that when using the Services, you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, indecent, offensive, or objectionable. You hereby waive any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a User or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarification purposes, Got2Go does not permit copyright-infringing activities on the Site.
13.7. Monitoring Content. We do not control, nor do we have any obligation to monitor: (a) User Content; (b) the use of the Services by its Users; or (c) any content made available by third parties. You understand and agree that we reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational and other purposes. If at any time we choose to monitor the content, we still assume no liability or responsibility for content, or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (if applicable).
13.8. Anti-Discrimination Policy. Got2Go is committed to fostering an inclusive environment for both hosts and guests and is committed to fighting discrimination of any kind. Any discrimination, including discrimination on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations, is strictly prohibited. Such forms of discrimination will be considered a breach of these Terms of Service and the discriminating party will be subject to account cancellation and permanent banishment from all Got2Go entities.
14. Copyright Infringement Complaints
14.1. Pursuant to the Digital Millennium Copyright Act, and similar laws relating to copyrighted online content, if you believe your copyrighted work is being infringed on or through the Site, please complete and submit a written notice (the "Notice") to Got2Go's Designated Copyright Agent listed below. Upon receipt of a Notice, Got2Go will take appropriate action, including removal of the challenged material from the Got2Go Platform and/or termination of the account of the Got2Go user in appropriate circumstances.
14.2. Please include in the Notice:
14.2.1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site or Application are covered by a single notification, a representative list of such works at that site.
14.2.2. Identification of the images or material that is allegedly infringing your copyrighted work or is the subject of infringing activity and that you believe should be removed, with sufficient information to enable Got2Go to locate the specific images or material (such a copied and pasted link to the actual page, for example).
14.2.3. Your contact information, including your name, address, telephone number, and, if available, an email address at which you may be contacted.
14.2.4. The following statement: I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
14.2.5. The following statement: The information in this Notice is accurate, and, under penalty of perjury, I declare that (choose one) (i) I am the owner or (ii) I am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
14.2.6. And a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
14.3. Deliver the Notice to Got2Go’s Designated Copyright Agent:
Got2Go, Inc. 1 East Broward Blvd. Suite 620 Fort Lauderdale, FL 33301 United States of America Email: copyright@got2go.com
15. International Travel
15.1. When you book international travel reservations with third party suppliers or plan international trips using the Services, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
15.1.1. Got2Go takes its legal compliance obligations seriously under the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC). To that end, if you are listed within OFAC’s Specially Designated Nationals listings, you are forbidden from using any Got2Go Services, also consistent with Got2Go’s Sanctions Compliance Policy.
15.2. For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. Got2Go accepts no liability for Guests who are refused entry onto a flight or into any country because of the Guest’s failure to carry the travel documents required by any airline, authority, or country, including countries the Guest may just be passing through enroute to his or her destination.15.3. It is also your responsibility to consult your physician for current recommendations on vaccinations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
15.3. It is also your responsibility to consult your physician for current recommendations on vaccinations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
15.4. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Got2Go urges travelers to investigate and review travel prohibitions, warnings, announcements, and advisories issued by their own governments and destination country governments prior to booking travel to international destinations. For example, information on conditions in various countries and the level of risk associated with travel to particular international destinations is provided by the United States Government at www.state.gov, www.tsa.gov,www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac & www.customs.gov.
15.5. By listing information relevant to travel to particular international destinations, Got2Go does not represent or warrant that travel to such points is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations.
16. Occupancy Policy
16.1. Guest Occupancy. Gatherings of more than the booked number of guests are not permitted at a host property unless the host has agreed in advance. Guests who are reported for exceeding the number of occupants during a stay are subject to nonrefundable account suspension or removal from the Site.
16.2. Parties and Events. It is prohibited to host disruptive parties and events during a stay. Any guest found to violate this policy may be subject to nonrefundable account suspension or removal from the site.
16.3. Hosts reserve the right to turn away or charge a penalty for unauthorized guests.
17. Animals
17.1. All Accommodations have a strict no pets policy, unless explicitly stated on the listing. For instances in which a Host accepts pets, a special pet fee may be applied by the Host.
18. Smoking
18.1. All Accommodations have a strict no smoking policy, unless explicitly stated on the listing.
19. User Credits and Discount Codes
19.1. From time to time, Got2Go may provide user credits and/or discount codes in the form of marketing coupons and customer service credits (“Promotional Codes”). Promotional Codes are intended for single use only and may not be transferred to another person. Each Promotional Code is valid for a limited time and expires on the date specified in the offer details. A Promotional Code has no cash value and is not for resale and may not be redeemed for cash. The maximum combined value of coupons/credits/discounts that can be used per booking will be determined by Got2Go. Got2Go reserves the right, in its sole discretion, to discontinue any Promotional Code at any time.
20. Insurance
20.1. Got2Go does not provide liability or property insurance for Users. Hosts are solely responsible for obtaining insurance coverage sufficient to protect their Accommodations and Guests during the entire duration of their stay. Hosts agree that they have or will obtain the appropriate insurance coverage sufficient to cover all property and bodily harm arising from the rental of the Accommodation they list through the Services prior to the arrival of their first Guest. Hosts further agree to maintain and increase the insurance amounts, as needed, so as to carry all appropriate and adequate amounts through the departure date of any Guest booked through the Services. Got2Go recommends that Users carry all applicable travelers, liability, renters, homeowners, and any other appropriate insurance to cover any losses to person and/or property during each Guest’s stay. Please contact your insurance broker, carrier, or respective provider to be sure your coverage encompasses Guests within the premises of your home for the duration of their stay. Users agree to provide Got2Go copies of relevant proof of coverage upon request. We strongly recommend Guests purchase travel insurance including trip cancellation coverage to help in the case of extenuating circumstances.
21. United States Listings Only
21.1. Listings on the Got2Go Platform are United States-based only. The Services are intended to be used Anyone who accesses the Website or uses the Services from within and outside the United States (consistent with Section 15 of these Terms of Service). All Users use our Services at their own initiative and risk, and are responsible for compliance with all applicable laws.
22. Credit Card Chargebacks and Indemnification
22.1. All parties share the responsibility for making sure that purchases facilitated by our Service are satisfactory and hassle-free. We may take a more active role in ensuring transaction problems are resolved; however, you understand that we are not obligated to do so. You agree to permit us to make a final decision, in our sole discretion, on any disputes. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used. Before initiating a chargeback related, you agree to first attempt to resolve directly any disputed transaction fees with us or our third party payment service provider. Should you file a chargeback or dispute on a purchase you have made on Got2Go, we reserve the right to close your account without notice. You agree to indemnify, hold harmless and defend Got2Go against credit card chargebacks arising out of: (a) your complaints regarding a Host’s service or (b) unauthorized charges by Users of your family, friends or former employees of your company. You also agree to refrain from initiating a chargeback dispute for any other reason except fraud. You further agree to pay Got2Go’s reasonable attorney fees and expenses if Got2Go has to file suit against you in order to enforce the indemnification provision under this Section (22) of the Agreement or if you initiate a chargeback dispute arising out of a cause other than fraud.
23. Disclaimers
23.1. If you choose to use the Services, you do so at your own risk. You acknowledge and agree that Got2Go does not have an obligation to conduct background checks on any User, including, but not limited to, Hosts and Guests, but may conduct such background checks in its sole discretion. The Services or content are provided “AS IS”, without warranty of any kind, either express or implied. Without limiting the foregoing, Got2Go explicitly disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement, and any warranties arising out of course of dealing or usage of trade. Got2Go makes no warranty that the Services or Content, including, but not limited to, the Accommodations will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Though we will do everything possible to properly validate and vet our listings, Got2Go makes no warranty regarding the quality of any Listings, Accommodations, the Services or Content or the accuracy, timeliness, truthfulness, completeness, or reliability of any Content obtained through the Services.
23.2. No information or advice, whether oral or written, obtained from Got2Go or through the Services or Content, will create any warranty not expressly made herein.
23.3. You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, including, but not limited to, any Guests or Hosts. You understand that Got2Go does not make any attempt to verify the statements of users of the site, application, or Services or to review or inspect any Accommodations. Got2Go makes no representations or warranties as to the conduct of users of the site, application or Services or their compatibility with any current or future users of the Site, application, or Services. You agree to take reasonable precautions in all interactions and communications with other users of the Got2Go Platform or Services and with other persons with whom you communicate or interact as a result of your use of the Got2Go Platform or Services, including, but not limited to, Guests and Hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Got2Go.
23.4. Notwithstanding Got2Go’s appointment as the limited agent of the Hosts for the purpose of accepting payments from Guests on behalf of the Hosts, Got2Go explicitly disclaims all liability for any act or omission of any Guest or other third party.
24. Limitation of Liability
24.1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services and Content, your Listing or booking of and use of any Accommodation via the Services, and any contact you have with other users of the Services, whether in person or online, remains with you. Neither Got2Go nor any other party involved in creating, producing, or delivering the Services and Content will be liable for any incidental, special, punitive, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, 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 these Terms, from the use of or inability to use the Services or Content, from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, or from your Listing, booking, or use of any Accommodation via the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal or equitable theory, and whether or not Got2Go has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
24.2. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms, in no event will Got2Go’s aggregate liability arising out of or in connection with these terms and your use of the Services including, but not limited to, your Listing, booking or use of any Accommodation via the Services, or from the use of or inability to use the Services or Content, and in connection with any Accommodation or interactions with any other Users, exceed the amounts you have paid for bookings via the Site, application and Services as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Got2Go to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Got2Go and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
25. Indemnification
25.1. You agree to release, indemnify, defend, and hold Got2Go and its officers, directors, employees and agents, 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 (a) your access to or use of the Services or Content or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) booking or use of an Accommodation , (iii) creation of a Listing or (iv) the use, condition or an Accommodation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of an Accommodation.
25.2. You expressly absolve and release Got2Go from any claim of harm resulting from a cause beyond its control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions.
25.3. User agrees not to make, publicly or privately, any disparaging or derogatory written or verbal remarks or otherwise make written or verbal statements that would injure the business or reputation of Got2Go, the Got2Go’s employees, agents or attorneys, including but not limited to comments on social networking sites (i.e. Facebook, Google, Instagram, LinkedIn, Snapchat, Twitter and/or blogs, etc.) without first notifying Got2Go and allowing a reasonable amount of time to address the issue relative to bookings through Got2Go’s Platform and services or any other possible discrepancies.
25.3.1. Client further acknowledges that this paragraph above is of substantial significance to the Got2Go and if User were to breach this provision it will result in substantial harm to Got2Go. Consequently, if such breach is proven, then User shall be liable to Got2Go for reasonable attorney fees and any and all costs Got2Go incurs to establish such breach along with any associated damages.
26. Arbitration Agreement; Waiver of Trial by Jury; Class Action Waiver
26.1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Services provided by Got2Go that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Got2Go, and to any affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Services provided under the Terms.
26.2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Got2Go should be submitted at got2go.com/contact-us. After the Notice is received, you and Got2Go may attempt to resolve the claim or dispute informally. If you and Got2Go do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. In order to initiate an arbitration proceeding, a completed written demand (available at www.adr.org/Rules) must be filed with AAA and provided to Got2Go, as specified in the AAA rules. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
26.3. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in Broward County, Florida unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
26.4. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
26.5. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Got2Go, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Got2Go.
26.6. Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Got2Go in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and Got2Go waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
26.7. Waiver of Class or Consolidated Actions. You agree that any legal proceeding shall be limited to the dispute between us and you individually. To the fullest extent permitted by law, (i) no legal proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class User in any purported class or representative proceeding.
26.8. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
26.9. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
26.10. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Got2Go.
26.11. Small Claims Court. Notwithstanding the foregoing, either you or Got2Go may bring an individual action in small claims court.
26.12. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
26.13. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Broward County, Florida, for such purpose.
27. Termination
27.1. These Terms will continue until terminated. You may terminate these Terms at any time and for any reason by deactivating your account and discontinuing your use of the Services and Site. Got2Go may also terminate or suspend your account or your use of the Services or the Got2Go Platform at any time and for any reason with or without notice and without liability, including if we reasonably believe that you have violated these Terms, you have created any risks to Got2Go or other users or if we have decided to stop providing the Services or Site. After termination, you will continue to honor any bookings you have made through the Services or the Got2o Platform prior to the date of termination. All bookings that are pending at the time of termination will be terminated.
27.2. If your account is terminated or you delete any User Content, Got2Go will make reasonable efforts to make such User Content inaccessible. However, you acknowledge and agree that any such User Content may be retained in caches or backups and that copies of or references to your User Content may persist indefinitely due to the nature of the Services and the Internet.
28. Modification
28.1. Got2Go reserves the right, at its sole discretion, to modify the Services or to modify these Terms, including the Service Fees and Privacy Policy, at any time and without prior notice. If we do so, we will post the revised Terms of Service and update the “Last Updated” date at the bottom. We will post a notice on the Services to advise you of any significant changes to this Terms of Service. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
29. Miscellaneous
29.1. This Agreement, together with the Privacy Policy and any other agreements expressly incorporated by reference into this Agreement, is the entire and exclusive understanding and agreement between you and Got2Go regarding your use of the Service and Accommodations, and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise.
29.2. In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect.
29.3. The sections of this Agreement entitled limitation of liability, indemnification, miscellaneous shall survive the termination of this Agreement.
29.4. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision.
29.5. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent, which may be withheld if, for example, we reasonably determine that the potential assignee or transferee appears unwilling to or incapable of strictly complying with this Agreement. We may assign or transfer this Agreement, in whole or in part, at any time without notice or consent.
29.6. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
29.7. Attorneys’ Fees and Expenses. If we are required to engage legal counsel to enforce the conditions of this Agreement, to collect any amounts due, you shall be responsible for all attorney fees and expenses incurred in connection with the foregoing.
29.8. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Got2Go Platform that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by Got2Go.
29.9. You consent and agree that your clicking of the “I Agree” button constitutes Your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and that such electronic signature will meet the requirements of an original signature as if actually signed by you in writing. You further agree that no certification authority or other third party verification is necessary to the enforceability of your signature. At our request, any electronically signed document must be re-executed in its original form by you. No party hereto may raise the use of an electronic signature as a defense to the enforcement of these Terms or any amendment or other document executed in compliance with these Terms.
Contacting Got2Go
If you have any questions, please contact Got2Go at support@got2go.com or by using the link below and complete the contact form.
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