VTRIPS dba KOKOPELLI PROPERTY MANAGMENT
TERMS AND CONDITIONS OF SERVICE
Date last modified: June 1, 2022
These Terms and Conditions of Service govern and apply to your use of or access to KokoProperty.com or VTrips.com, a subdomain of any such websites, any mobile application for such websites or any other website operated by us on which these Terms and Conditions of Service are posted via a link or otherwise and all reservation and other services and functionalities provided thereunder (collectively and individually, the “Site”).
Please read these Terms carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than a court.
The Site is owned and operated by Vacation Rental Pros Property Management LLC, which is also referred to in these Terms as “we,” “us,” “our,” “VTRIPS” or “VTrips”. The terms “you” and “your” refer to the user using or accessing the Site and/or requesting a reservation on the Site.
By using or accessing the Site in any manner, you agree to comply with and be legally bound by the Terms. If you do not fully agree to the Terms without modification, you are not authorized to use or access the Site. You should carefully review the Terms, which constitute a legally binding agreement between you and VTrips.
You are not authorized to access the Site unless you are at least 18 years old and are able to enter into legally binding contracts.
We may change, add to, or otherwise modify the Terms in the future without prior notice. We will list the date of the last revision to the Terms at the top of this page, and any revisions will take effect upon posting. You agree that your continued use of or access to the Site after any revision constitutes your acceptance of the revised version of the Terms. Be sure to visit this page often to review the most current version of the Terms.
Limited License to Access and Use Site
Provided you comply with the Terms, VTrips grants you a limited, revocable, non-transferable and non-exclusive right to access and use the Site for, and limited to, any of the following purposes: searching for a vacation or short-term rental; booking or inquiring about booking a vacation or short-term rental; taking any of the above actions for another person for whom you are legally authorized to act; or any other purpose that is clearly stated and expressly permitted on the Site.
Any use of the Site for any purpose that is not expressly permitted or otherwise in accordance with the Terms is prohibited. Prohibited uses of the Site include, without limitation, the uses listed below. In connection with the use of or access to the Site, you agree not to do any of the following:
- use the Site or its contents for any commercial purpose, except as specifically authorized by us;
- copy, transmit, upload, or store any part of the content of the Site for any purpose not expressly permitted by the Terms;
- use the Site or its contents, or attempt to use the Site or its contents, to violate, circumvent, or infringe the rights of VTrips or any other person or entity, including without limitation any intellectual property, contract, privacy, or publicity right;
- deep-link to any portion of the Site without our express written consent;
- upload in any way any information or content that contain malicious code or data that may damage the operation of the Site or another’s computer or mobile device;
- interfere or disrupt networks connected to the Site or interfere with other ability to access or use the Site;
- transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability;
- interfere with another customer’s use and enjoyment of the Site or another person or entity’s use and enjoyment of similar services;
- use the Site in any manner that impairs the Site, including without limitation the servers and networks through which the Site is provided;
- violate any regulations, policies and procedures of any networks connected to the Site or VTrips’ service providers;
- use any robot, script, scraper, spider or other manual or automated means or process to access, scrape, copy, crawl, collect, monitor, or aggregate the content of the Site or any portion of the Site, except as expressly permitted by us (provided however that a limited exception to the foregoing prohibited action is granted to bona fide, general-purpose search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they do so from a stable IP address or range of IP addresses using an easily identifiable agent and otherwise comply with the Terms, and further provided that the term “bona fide, general-purpose search engine” does not include a website, search engine, or other service that provides classified listings or property rental advertisements or which is in the business of providing vacation rental management or marketing services or other services that compete with VTrips business lines);
- “frame,” “mirror,” or otherwise replicate or incorporate any portion or aspect of the Site, including without limitation VTrips name, logo, trademarks, or proprietary information, into any other website without our express written consent;
- sell, offer to sell, transfer, or license any portion of the Site or its contents in any form to third parties, without our express written consent;
- use the Site in a manner or for a purpose that violates any national, federal, state or provincial, local, or other statute, law or regulation, or any order of a court;
- use the Site in a fraudulent manner or under false pretenses, including without limitation making a reservation or reservation inquiry under a false name or address or incorrect age, using a method of payment that you are not authorized to use to pay for accommodation, or taking action that may be considered phishing;
- use the Site to identify, contact, or solicit a homeowner or guest for the purpose of (1) booking or soliciting a booking of a home independent of the services offered by VTrips or (2) soliciting an owner or guest to use any third-party service that is competitive with VTrips;
- circumvent the services or functionality provided by the Site, with respect to properties on the Site, or circumvent the payment by property owners or managers of fees to VTrips with respect to properties on the Site;
- use the Site to post or transmit material that is unlawful, threatening, abusive, libelous or defamatory, obscene, indecent, or sexually explicit, that discriminates or promotes discrimination against any individual or group, or that promotes illegal activities;
- attempt to modify, adapt, decipher, translate, decompile, disassemble, edit or reverse engineer any of the software incorporated into the Site, available on the Site or used by us in connection with the Site (“Software”);
- take any action that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any system used by us on the Site, or that places an unreasonable load on our servers or infrastructure;
- threaten to use the Site to leave negative feedback in an attempt to force VTrips to provide a refund or compensation if you lack an objectively reasonable belief that you are entitled to such refund or compensation under these Terms or any other agreement between you and VTrips; or
- solicit, encourage, or assist any person in doing, or attempting to do, any of the foregoing actions.
Proprietary Rights and Ownership
All contents of the Site and all Software are protected by the copyright, trademark, and other intellectual property laws of the United States and foreign countries and by international conventions. You acknowledge and agree that the contents of the Site and all Software are the exclusive intellectual property of VTrips or the applicable rights owner. You shall not copy, store or otherwise access the Site or any content on the Site other than for your personal, noncommercial use. Your right to use the Software is non-exclusive and revocable, governed by these Terms, and may be terminated by us at any time.
Third Party Sites
We do not endorse or otherwise make any representation or assurance regarding any third-party websites, tools or services that may be referenced in or accessible from our Site, that reference or provide accessibility to our Site, or that are otherwise linked between our Site and such third-party website.
To access certain services via the Site, we may permit or require you to register for a VTrips user account. If you choose to register, you agree to provide us with true, accurate, current, and complete information, and to update such information if it changes. You agree (1) to safeguard your VTrips login identification and password; (2) not to disclose your login identification or password to any third party without our express written permission; (3) to take sole responsibility for any activity taken under your VTrips account, whether or not you specifically authorized the activity; (4) not to circumvent or otherwise interfere with any user authentication or security of the Site; (5) to keep any online account information current and inform VTrips of any changes in your name, address, email address and phone number; (6) to notify us immediately and select new a login identification and password if you believe your password for a VTrips account or an email account you have used to register with VTrips has been compromised, or if we notify you that we suspect unauthorized activity on your account. We reserve the right to terminate any user account, at any time, in our sole discretion. VTrips shall have no liability (i) for any losses, costs or damages arising from your failure to comply with the terms of this section captioned “User Accounts” or any other of your obligations under these Terms or any Rental Agreement or (ii) for any unauthorized or fraudulent transaction made by any third party with your identification or password.
Reviews and User Content
We may, in our sole discretion, permit you to post, submit, upload, or transmit via the Site a review or other content generated by you. If you post, submit, upload, or transmit a review or other content to us via the Site or for potential use on the Site (collectively, “Submissions”), you grant VTrips a non-exclusive, perpetual, royalty-free, transferable and fully sub-licensable worldwide license (1) to use, reproduce, translate, edit, adapt, access, view, distribute, publish, transmit, publicly display, and create derivative works from the Submissions in any media, now known or hereafter devised, for any purpose, and (2) to use the name that you submit in connection with the Submissions. You agree and acknowledge that we may choose to provide attribution of Submissions, at our sole discretion. You further grant VTrips the right to pursue at law any person or entity that violates your or our rights in the Submissions by breaching these Terms. Subject to the aforesaid license, VTrips does not claim any right of ownership in the Submissions, and nothing in these Terms shall be deemed to remove or restrict any rights you have in the Submissions.
By making any Submissions to, via, or for the Site, you represent and warrant that (1) you have full rights to the content of the Submissions, either because you are the sole and exclusive owner of such content or because you have been granted all necessary rights, licenses, or consents to such content, and (2) that the Submissions do not violate any provision of these Terms. You further agree and warrant to us that none of your Submissions shall violate anyone’s rights (including copyright or other intellectual property rights), or include personal or identifying information of any third party person, or include promotional content or solicitations, or include obscene, abusive, discriminatory, illegal, false or misleading content or information.
VTrips has the absolute discretion (but not the obligation) to pre-screen, remove, or edit any reviews or other user-generated content that may be posted on the Site. We do not guarantee and are not responsible for the accuracy, non-infringement, or legality of any review or other user-generated content that may appear on the Site.
Any suggestions or communications you may provide to us regarding our business, including improvements to our business or technology and processes, shall automatically become the sole and exclusive property of VTrips, and VTrips may use, adapt, incorporate or disseminate such suggestions and communications in its sole discretion. VTrips is not obligated to review or maintain the confidentiality of any such suggestions or communications.
Additional Terms May Apply to Specific Transactions; Conflicts Between Terms
You acknowledge and agree that (i) you may be required to enter into one or more separate rental or other agreements governing or relating to the reservation, rental, visitation, use or occupancy of a property, or the cancellation of thereof (“Rental Agreement”) and (ii) a Rental Agreement may contain different or additional terms and conditions from these Terms.
If a conflict exists between these Terms and the terms and conditions of a Rental Agreement, the terms and conditions of the Rental Agreement shall be controlling as to such conflicting terms – EXCEPT AND SUBJECT TO THE PROVISIONS BELOW CAPTIONED “LIABILITY AND WARRANTY DISCLAIMER”, “INDEMNIFICATION” AND “JURISDICTION AND GOVERNING LAW; CLASS ACTION WAIVER”.
If your travel plans involve international travel, you agree to be responsible for ensuring that you have all necessary travel documents (such as passports and visas), that you meet all foreign entry requirements, and that you have obtained any required medical guidance, medications, and inoculations. VTrips shall not be liable for any liability for travelers who are refused boarding onto an international common carrier or entry into (or transit through) a country for any reason.
Although most travel is completed without serious incident, travel to certain destinations may involve a higher level of risk than others. We strongly suggest that guests whose plans involve travel outside the United States review, prior to booking, travel warnings, advisories, restrictions, announcements, cautions, and prohibitions issued by the United States Government. International travel information is available at the United States State Department website (www.state.gov) and at other United States Government websites, including www.tsa.gov, www.dot.gov, www.treas.gov/ofac, www.cbp.gov, www.faa.gov, and www.cdc.gov.
Travelers who are citizens of a country other than the United States should review any travel warnings or advisories issued by their own government.
Foreign Currencies and International Transactions
VTrips may, but is not obligated to, display rental and other fees for vacation rentals in the United States in foreign currencies, or display fees for vacation rentals outside the United States in United States Dollars. Any display of fees in foreign currencies is provided as a convenience and for informational purposes only and does not necessarily represent your final cost. VTrips may charge a currency conversion fee. You will be notified of the currency in which you will be charged for a vacation rental, and the amount of any such VTrips currency conversion fee. You will be responsible for any currency conversion processing costs or international transaction fees your credit card provider charges.
Liability and Warranty Disclaimer
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS VTRIPS’ LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING THE RENTAL, VISITATION, USE OR OCCUPANCY OF ANY PROPERTY FROM OR THROUGH THE SITE OR VTRIPS.
THE ACCESS, DISPLAY, OR USE THE SITE IS AT YOUR OWN RISK. THE INFORMATION PUBLISHED ON THE SITE MAY CONTAIN ERRORS, INCLUDING RESERVATION AVAILABILITY ERRORS, PRICING ERRORS, AND INACCURATE OR INCOMPLETE DESCRIPTIONS OF ACCOMMODATIONS OR LOCATIONS. VTRIPS DOES NOT GUARANTEE THE ACCURACY OF THE INFORMATION PUBLISHED ON THIS SITE AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR INACCURACIES IN SUCH INFORMATION. THE SITE AND EACH PROPERTY IS OFFERED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, VTRIPS SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VTRIPS DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE ON A SECURE, UNINTERRUPTED OR ERROR-FREE BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT YOU BEAR THE ENTIRE RISK ARISING OUT OF THE ACCESS TO OR USE OF THE SITE, OR THE RENTAL, VISITATION, USE OR OCCUPANCY OF ANY PROPERTY, BY YOU OR BY OR BY ANY OF YOUR GUESTS, INVITEES OR VISITORS OR BY ANY OTHER PARTY. IN NO CASE SHALL VTRIPS OR ITS SUBSIDIARIES OR AFFILIATES (INCLUDING BUT NOT LIMITED TO THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR DAMAGE, DESTRUCTION OR LOSS TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH (i) ANY BREACH OF THESE TERMS BY YOU OR ANY THIRD PARTY, (ii) THE ACCESS TO, DISPLAY OF, OR USE OF THE SITE, OR ANY THIRD PARTY WEBSITE, TOOLS OR SERVICES USED IN CONNECTION WITH THE SITE, BY YOU OR ANY THIRD PARTY, OR (iii) THE RENTAL, VISITATION, USE OR OCCUPANCY OF ANY PROPERTY BY YOU, OR BY ANY OF YOUR GUESTS, INVITEES OR VISITORS OR BY OTHER PARTIES, WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF VTRIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IF VTRIPS IS FOUND LIABLE FOR ANY LOSSES, COSTS, OR DAMAGES THAT ARISE OUT OF YOUR USE OF THE SITE OR THE RENTAL, VISITATION, USE OR OCCUPANCY OF ANY PROPERTY BY YOU OR BY ANY OF YOUR GUESTS, INVITEES, VISITORS OR BY ANY OTHER PARTIES, THEN IN NO EVENT SHALL VTRIPS’ LIABILITY, IN THE AGGREGATE, EXCEED (1) THE AMOUNT SPECIFIED IN ANY APPLICABLE RENTAL AGREEMENT, OR (2) IF THERE IS NO APPLICABLE RENTAL AGREEMENT, ONE HUNDRED (US) DOLLARS ($100).
THE LIABILITY AND WARRANTY DISCLAIMER SET FORTH HEREIN (i) ARE HEREBY DEEMED INCORPORATED INTO AND MADE PART OF ANY APPLICABLE RENTAL AGREEMENT, BUT SHALL ALSO REMAIN AT ALL TIMES BINDING AS SEPARATE AND INDEPENDENT COVENANTS UNDER THESE TERMS AND (ii) REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VTRIPS.
IN FURTHERANCE OF THE APPLICABILITY OF THE FOREGOING LIABILITY AND WARRANTY DISCLAIMER, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IF A CONFLICT EXISTS BETWEEN SUCH LIABILITY AND WARRANTY DISCLAIMER, AND THE SAME OR SIMILAR TERMS OF ANY RENTAL AGREEMENT, THE LIABILITY AND WARRANTY DISCLAIMER UNDER THESE TERMS SHALL BE CONTROLLING AS TO SUCH CONFLICTING TERMS IF AND TO THE EXTENT THE DEGREE OF PROTECTION AFFORDED VTRIPS, UNDER THE LIABILITY AND WARRANTY DISCLAIMER SET FORTH HEREIN, EXCEEDS THAT AFFORDED VTRIPS UNDER THE SAME OR SIMILAR TERMS OF ANY RENTAL AGREEMENT.
You agree to defend, indemnify, hold harmless and release VTrips and its affiliates, and any of their officers, directors, employees, agents, or rental owners, from and against all claims, losses, causes of action, liabilities, demands, damages, or other costs or expenses of any kind, specifically including without limitation reasonable legal and accounting fees, brought by third parties as a result of or in any way connected with (i) your violation of these Terms, (ii) your violation of the law or any rights of third parties, (iii) your access to or use of the Site or any third party website, tools or services used in connection with the Site or (4) the rental, visitation, use or occupancy of any property by you or by any of your guests, invitees or visitors or by any other party.
THE INDEMNIFICATION SET FORTH HEREIN IS HEREBY DEEMED INCORPORATED INTO AND MADE PART OF ANY RENTAL AGREEMENT, BUT SHALL ALSO REMAIN AT ALL TIMES BINDING AS A SEPARATE AND INDEPENDENT COVENANT UNDER THESE TERMS.
IN FURTHERANCE OF THE APPLICABILITY OF THE FOREGOING INDEMNIFICATION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IF A CONFLICT EXISTS BETWEEN SUCH INDEMNIFICATION, AND THE SAME OR SIMILAR TERMS OF ANY RENTAL AGREEMENT, THE LIMITATION OF LIABILITY UNDER THESE TERMS SHALL BE CONTROLLING AS TO SUCH CONFLICTING TERMS IF AND TO THE EXTENT THE DEGREE OF PROTECTION AFFORDED VTRIPS, UNDER THE INDEMNIFICATION SET FORTH HEREIN, EXCEEDS THAT AFFORDED VTRIPS UNDER THE SAME OR SIMILAR TERMS OF ANY RENTAL AGREEMENT.
YOU ACKNOWLEDGE AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE ARE EXPRESSLY WAIVED. THAT SECTION PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Jurisdiction and Governing Law; Class Action Waiver
These Terms are governed by, and shall be interpreted in accordance with, the laws of the State of Florida, USA, without regard to principles of conflicts of law.
For all disputes arising out of or relating to your rental, visitation, use or occupancy of any property by you, or by any of your guests, invitees or visitors or by any other party (“Rental Disputes”), you consent to personal jurisdiction and venue in the state and location provided in the applicable Rental Agreement. You also consent to the jurisdiction of any courts as provided in such Rental Agreement or, if applicable, to adjudication of any disputes by arbitration as provided in such Rental Agreement. By agreeing to these Terms you affirm your agreement to such provisions and all other provisions under an applicable Rental Agreement (subject to these Terms), and (if applicable) consent to arbitration for Rental Disputes, as set forth in such Rental Agreement. If a Rental Agreement provides for adjudication of disputes by arbitration, then any disputes or controversy as to the applicability or enforcement of any such arbitration provision shall also be determined by arbitration.
Arbitration for Site Disputes will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location. By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms and/or Rental Agreement as a court would. The preceding sentence is applicable to both an arbitration of Rental Disputes and an arbitration of Site Disputes.
YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON ANY DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND VTRIPS WAIVE ANY RIGHT TO A JURY TRIAL.
You may not assign these Terms without VTrips’ express written consent. Any attempt by you to assign these Terms without consent will be void and without effect. VTrips may assign these Terms or any of its rights or interest in these Terms at any time, in its sole discretion, without your consent.
These Terms (together with any other terms and conditions referenced herein, and any different or additional terms that apply to specific transactions) constitute the entire agreement between you and VTrips with respect to your use of and access to the Site, and supersede all prior or contemporaneous electronic, oral or written understandings or communications between you and VTrips with respect to the Site.
Any failure by VTrips to enforce any provision of these terms shall not be construed as a waiver of future enforcement of that provision or of any of VTrips’ rights and privileges.
If any provision of these Terms is held invalid pursuant to applicable law, that provision will be enforced to the maximum extent possible and the other portions will be deemed valid, and so far as is reasonable and possible, the intent of the parties hereto will be given full effect.
Terms of Service Help
If you have questions or comments about these Terms, you may contact us by email at firstname.lastname@example.org or write to us at:
Vacation Rental Pros Property Management LLC
200 Executive Way
Ponte Vedra, FL 32082