Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Motorhome-Canaria Platform, you agree to comply with and be bound by these Terms of Service.
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Motorhome-Canaria (as defined below) governing your access to and use of the Motorhome-Canaria website, including any subdomains for other regions thereof.
1.1 The Motorhome-Canaria Platform is an online marketplace that enables website visitors (“Customers”) and certain third parties who offer services (Customers and third parties who offer services are “Providers” and the services they offer are “Rental Services”) to publish such Rental Services on the Motorhome-Canaria Platform (“Listings”) and to communicate and transact directly with Customers that are seeking to book such Rental Services (Customers using Rental Services are “Guests”). Rental Services may include the offering of motorhome rental or other properties/vehicles for use ("Accommodations"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 As the provider of the Motorhome-Canaria Platform, Motorhome-Canaria does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Rental Services. Providers alone are responsible for their Listings and Rental Services. When Customers make or accept a booking, they are entering into a contract directly with each other. Motorhome-Canaria is not and does not become a party to or other participant in any contractual relationship between Customers, nor is Motorhome-Canaria a vehicle renter or insurer. Motorhome-Canaria is not acting as an agent in any capacity for any Member.
1.3 While we may help facilitate the resolution of disputes, Motorhome-Canaria has no control over and does not guarantee the existence, quality, safety, suitability, or legality of any Listings or Rental Services, the truth or accuracy of any Listing descriptions or the performance or conduct of any Member or third party. Motorhome-Canaria does not endorse any Member, Listing or Rental Services. Any references or experience feedback that we get from Customers is being "verified" (or similar language) only to indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Motorhome-Canaria about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Rental Services, accept a booking request from a Guest, or communicate and interact with other Customers, whether online or in person.
1.4 If you choose to use the Motorhome-Canaria Platform as a Provider, your relationship with Motorhome-Canaria is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Motorhome-Canaria for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Motorhome-Canaria.
1.5 To promote the Motorhome-Canaria Platform and to increase the exposure of Items to potential Guests, Items and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Customers who speak different languages, Items may be translated, in whole or in part, into other languages. Motorhome-Canaria cannot guarantee the accuracy or quality of such translations and Customers are responsible for reviewing and verifying the accuracy of such translations. The Motorhome-Canaria Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
1.6 The Motorhome-Canaria Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Motorhome-Canaria is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Motorhome-Canaria of such Third-Party Services.
1.7 Due to the nature of the Internet, Motorhome-Canaria cannot guarantee the continuous and uninterrupted availability and accessibility of the Motorhome-Canaria Platform. Motorhome-Canaria may restrict the availability of the Motorhome-Canaria Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Motorhome-Canaria Platform. Motorhome-Canaria may improve, enhance and modify the Motorhome-Canaria Platform and introduce new Motorhome-Canaria Services from time to time.
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Motorhome-Canaria Platform. By accessing or using the Motorhome-Canaria Platform (creating booking request and booking a service) you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction.
2.3 Motorhome-Canaria may make the access to and use of the Motorhome-Canaria Platform, or certain areas or features of the Motorhome-Canaria Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria. If Motorhome-Canaria gets certain amount of negative feedback or sees too high cancellation amounts, Motorhome-Canaria may end contract with Provider.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Customers to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Customers, (ii) screen Customers against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Motorhome-Canaria Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Motorhome-Canaria Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
Motorhome-Canaria reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Motorhome-Canaria Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Motorhome-Canaria Platform will constitute acceptance of the revised Terms.
4.1 Motorhome-Canaria may charge fees to Providers ("Provider Fees") in consideration for the use of the Motorhome-Canaria Platform. More information about when Service Fees apply and how they are calculated can be requested while adding your Listing.
4.2 Any applicable Service Fees (including any applicable Taxes) will be given to a Provider prior to publishing. Motorhome-Canaria reserves the right to change the Service Fees at any time, and we will provide Customers adequate notice of any fee changes before they become effective.
4.3 You are responsible for paying any Service Fees that you owe to Motorhome-Canaria.
5.1 Terms applicable to all Items
5.1.1 When adding your Services to the Motorhome-Canaria Platform you must (i) provide complete and accurate information about your Service (such as description, pickup-delivery locations, and calendar availability), (ii) disclose any deficiencies, restrictions (such as rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Motorhome-Canaria. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
5.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
5.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
5.1.4 Pictures, animations or videos (collectively, "Images") used for your Services must accurately reflect the quality and condition of your Rental Services. Motorhome-Canaria reserves the right to require that Items have a minimum number of Images of a certain format, size and resolution.
5.1.5 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Provider Service(s) to the Guest as described in your Service description when the booking request is made. You also agree to pay the applicable Provider Fee and any applicable Taxes.
5.1.6 Motorhome-Canaria recommends that Providers obtain appropriate insurance for their Rental Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests.
5.2 Listing Experiences, Events and other Rental Services
5.2.1 To list an Experience, Event or other Provider Service, you must first create separate request. Motorhome-Canaria reserves the right to decide, in its sole discretion, if a submitted Experience, Event or other Provider Service will be published on the Motorhome-Canaria Platform.
5.2.2 When listing an Experience, Event or other Provider Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Experience, Event or other Provider Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other Provider Service (including dress codes, equipment, special certifications or licenses, etc.).
5.2.3 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other Provider Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other Provider Service(s).
6.1 Terms applicable to all bookings
6.1.1 Subject to meeting any requirements set by the Provider, you can book a Service available on the Motorhome-Canaria Platform by following the respective booking process through MotorhomeCanaria Platform and email@example.com email. Motorhome-Canaria is not responsible to any communication made directly with Provider and Guest or using any other methods. All applicable fees, including the Service Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Service. You agree to pay the Total Fees for any booking requested in connection with your Motorhome-Canaria communication.
6.1.2 Upon a booking confirmation from Motorhome-Canaria, a legally binding agreement is formed between you and your Provider, subject to any additional terms and conditions of the Provider that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Service. Motorhome-Canaria Payments will collect the Total Fees at the time of the booking request.
6.1.3 If you book a Provider Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Provider, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Provider. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Provider Service if accompanied by an adult who is responsible for them.
6.2 Booking Services
6.2.1 You understand that a confirmed booking of an Service (“Service Booking”) is a limited license granted to you by the Provider to enter, occupy and use the Service for the duration of your stay, during which time the Provider (only where and to the extent permitted by applicable law) retains the right to re-enter or re-take over the Service, in accordance with your agreement with the Provider.
6.2.2 You agree to leave the Service item no later than the checkout time that the Provider specifies in the Service or such other time as mutually agreed upon between you and the Provider. If you stay past the agreed upon delivery time without the Provider's consent (“Overstay”), you no longer have a license to stay in or use the Service and the Provider is entitled to make you leave and deliver or physical Items related to the service in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Provider, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Service Fee originally paid by you to cover the inconvenience suffered by the Provider, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Provider to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts/delivery on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Provider as a result of such Overstay.
7.1 Providers and Guests are responsible for any modifications to a booking that they make via the Motorhome-Canaria Platform or directly with each other to make ("Booking Modifications"), and agree to pay any additional fees associated with such Booking Modifications.
7.2 Guests can cancel a confirmed booking at any time and don’t need to pay any extra fee. Booking fee will be not refunded at this case. When cancellation is made 30 days before booking 50% of the reservation fee will be refunded.
7.3 If a Provider cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and Motorhome-Canaria may end offering the booking service for the Provider if there it’s not the first time. Providers must also do their best to find similar alternative accommodation for the customer. Providers must provide very good reason and proof why the Service was cancelled. In addition, Motorhome-Canaria will keep the calendar for the Service unavailable or blocked for the dates of the cancelled booking. Motorhome-Canaria may end servicing Provider from first cancellation unless Provider has legitimate concerns about the Guest’s behavior.
7.4 For Experiences, Events and other Rental Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Providers may modify or cancel a Provider Service. If there is a substantial change in the itinerary or the Provider Service needs to be cancelled, Motorhome-Canaria will work with the Provider to provide Guests an alternative date for the Provider Service, an appropriate refund or a rebooking.
7.5 In certain circumstances, Motorhome-Canaria may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions.
7.6 Customers may use Provider’s direct contact details to send or request money for refunds, additional Rental Services, Co-Rental Services or Damage Claims related to bookings.
7.7 Motorhome-Canaria is not responsible to any extra costs that may occur (such as re-booking flights, more expensive accommodation/service/experience booking, catering costs or any other) to Guests when Service booking is cancelled by the Provider.
8.1 As a Guest, you are responsible for leaving the physical Items of the Service in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the physical Items of the Service.
8.2 If a Provider claims and provides evidence that you as a Guest have damaged any Items of the Service or any personal or other property related to an Service ("Damage Claim"), the Provider can seek payment from you through the Motorhome-Canaria. If a Provider escalates a Damage Claim to Motorhome-Canaria, you will be given an opportunity to respond. If you agree to pay the Provider, or Motorhome-Canaria determines in its sole discretion that you are responsible for the Damage Claim, Motorhome-Canaria will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage.
8.3 Customers agree to cooperate with and assist Motorhome-Canaria in good faith, and to provide Motorhome-Canaria with such information and take such actions as may be reasonably requested by Motorhome-Canaria, in connection with any Damage Claims or other complaints or claims made by Customers relating to Services or any personal or other property located at any Item of the Service, Experiences, or Co-Provider agreements.
If you choose to use the Motorhome-Canaria Platform or Collective Content, you do so voluntarily and at your sole risk. The Motorhome-Canaria Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Motorhome-Canaria Services, laws, rules, or regulations that may be applicable to your Items and/or Rental Services you are receiving and that you are not relying upon any statement of law or fact made by Motorhome-Canaria relating to a Service.
You agree that some Experiences, Events or other Rental Services may carry inherent risk, and by participating in those Rental Services, you choose to assume those risks voluntarily. For example, some Rental Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Rental Services. You assume full responsibility for the choices you make before, during and after your participation in a Provider Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Provider Service and to the maximum extent permitted by law, you agree to release and hold harmless Motorhome-Canaria from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Provider Service or in any way related to your Provider Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You agree to release, defend (at Motorhome-Canaria’s option), indemnify, and hold Motorhome-Canaria and its affiliates and subsidiaries, and their 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 (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Motorhome-Canaria Platform or any Motorhome-Canaria Services, (iii) your interaction with any Member, stay at an Service, participation in an Experience, Event or other Provider Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Motorhome-Canaria’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
11.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Motorhome-Canaria and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Motorhome-Canaria and you in relation to the access to and use of the Motorhome-Canaria Platform.
11.2 No joint venture, partnership, employment, or agency relationship exists between you and Motorhome-Canaria as a result of this Agreement or your use of the Motorhome-Canaria Platform.
11.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
11.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
11.5 Motorhome-Canaria’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
11.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Motorhome-Canaria's prior written consent. Motorhome-Canaria may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
11.7 Unless specified otherwise, any notices or other communications to Customers permitted or required under this Agreement, will be in writing and given by Motorhome-Canaria via email, Motorhome-Canaria Platform notification, or messaging service (including SMS).
11.8 If you have any questions about these Terms please email firstname.lastname@example.org