DISCLAIMER / TERMS AND CONDITIONS
This disclaimer is for your protection. Please read it carefully as this notifies you in writing of OMG.travel's limited liability and your responsibilities by receiving benefits of service through the OMG.travel website, that will be referred to in this document as OMG.travel. By using OMG.travel's services, you agree to the terms and conditions of this disclaimer.
OMG.travel is not responsible for any of the information listed in this site. We do not own nor can we enter into any contract concerning any property listed on the site even though we may from time to time provide tools, such as online booking, that enable a renter to enter into a transaction to reserve a specific property directly from the owner/agent of that property. Renters are responsible to confirm information before signing up to services. Owners are responsible to qualify all renters before entering into a contract.
OMG.travel is not liable for any claim between renters and owners. Renters and Owners assume all liability for use of OMG.travel's service. OMG.travel and its owners, employees or contract workers are not responsible for the accuracy or the content of the information provided throughout this website or for any property or guest book review.
Our site is a service for owners/agents to list vacation rentals for rent (or lease or allow properties for use in various service packages) and for Travelers to rent these accommodations. We are not involved in any transaction between any parties who uses our site. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of owners/agents to rent the accommodations or the renters to rent accommodations. We cannot ensure that an owner or renter will complete the transaction.
Our service operates such that the owners/agents may update their listing information online at any time. We expect our owners to provide truthful and accurate information, but cannot ensure this, or control the behavior of owners/agents listing on our site. By use of this site, you agree to accept these risks.
Owners and their agents are responsible for the accuracy of the information on their property listings. Owners and agents providing text and photos assert they own or have been granted license to use the text and photos on this site. OMG.travel is not responsible for any action, or omission of action, by any renter obtained by the use of this site.
None of the information contained in any page on this site is confirmed or warranted by any party. Confirmation of information published herein is the sole responsibility of the renting party.
You are responsible for conducting your own investigation regarding any and all claims made by vacation property owners or agents. You assume all liability for use of any information you find in any page on this site. OMG.travel assumes no responsibility and in no way warrant the accuracy of the information contained in any of the pages published here.
Renters are aware that each property sets its own refund/cancellation policies and fees. We recommend the purchase of trip cancellation insurance at your own expense. We are not responsible for the refund of rental fees for any reason. The reservation taxes and fees are not refundable except when the Owner cancels the reservation for reasons of maintenance or double booking.
OMG.travel grants its users a limited, revocable, non-exclusive license to access its site to, as applicable, advertise vacation rental properties and/or research, view or make legitimate inquiries to members regarding their interest in particular holiday rental properties for their personal use, all in accordance with these Terms & Conditions.
Any other use of the site is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
Legitimacy of Advertised Rentals
OMG TRAVEL is not responsible for the legitimacy of the rental information listed by owners.
Certain owners/agent appear on the site as VERIFIED OWNER. We collect data from owners/agents, such us photo ID, passport, ownership information from such owners and try to verify the information provided to the best of our ability.
For non-“Verified Owners”, we highly recommend that you check the legitimacy of the owner before making any payment. Some useful tips are:
1. speak to the owner on the telephone
2. ask for reference from previous clients
3. take out travel insurance
4. ask for a copy of the owner's passport
5. NEVER accept to pay by money wiring transfer (Western Union etc...)
Should you have uncovered a fraudulent rental on our site please advise us immediately so we can remove them.
OMG.travel will, in an effort to bring constant improvements to its service, have to change, suspend or discontinue some aspect of the site at any time, including the availability of any site features, database, or content. OMG.travel may also impose limits on certain features or services or restrict access to parts, or the entire site for legal, commercial or technical reasons. There may also be times when the site becomes inaccessible as a result of technical difficulties experienced on the Internet. OMG.travel will, however, use reasonable efforts to overcome these difficulties when they are within our abilities. Please note, however, that we cannot guarantee continuous access to the site or any of its specific features.
Rules of Conduct
Unless otherwise provided within these Terms and Conditions, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
• Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever
• Reproduce any portion of the site on any website, using any device including, but not limited to, use of a frame or border environment around the site, or other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site
• Modify, translate into any language or computer language, or create derivative works from, any content or any part of this site
• Reverse engineer any part of this site, except to the extent expressly permitted by applicable law
• Sell, offer for sale, transfer, or license any portion of the site in any form to any third parties
• Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the site
• Use the site other than to advertise and/or research vacation rentals and to make legitimate inquiries to our members
• Use the site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms
• Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact
• Use or access the Site in any way that adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our members
• Violate, pass off as your own, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights
• Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party or
• Disguise the origin of the information transmitted through the Site.
Listing Cancellation by Owner
Vacation rental listings with OMG.travel can be cancelled at any time. Upon the day of notification, OMG.travel service will cancel the listing within two weeks of the day of notification.
OMG.travel reserves the right to delist any vacation rental at its discretion and cancel service without notification. Vacation Rental Owners and Agents are expected to follow the Acceptable Content Policies. Listings which do not adhere to these policies are subject to cancellation at the sole discretion of OMG.travel staff. No refund will be issued for cancelled listings.
Acceptable Content Policies
These policies are established in order to preserve a fair and orderly site for the advertisement of vacation rentals and in order to maintain a "family safe" environment. Note that these policies are subject to periodic review and may be updated from time to time.
On the listings web addresses may not be included. Any references to specific web addresses, web sites, email addresses or phone numbers are not considered acceptable content and may be removed without notice.
All content must be "family safe" and "G" rated. Vacation rental listings may not contain vulgarity, or comments related to violence, hate, or references of a sexual nature. Such references are not considered acceptable content and may be removed without notice. In the case of disputed content, the operators of this site will be the final judge as to the appropriateness of the content.
OMG.travel reserves the right to alter, exclude, reject part or in whole, any information in the vacation rental listing supplied by vacation rental owners. After submitting information to OMG.travel it becomes the copyrighted property of OMG.travel and unauthorized copying or use of such information is prohibited by law and is subject to criminal prosecution.
OMG.travel reserves the right to add relevant keywords to the content of the listings, ensuring that search engines rank OMG.travel pages high.
OMG.travel will collect personal information necessary to conduct its services. OMG.travel will not share personal information with third parties. However, OMG.travel may use personal information obtained from its services to offer more services (affiliate owned websites) and or promote such services to its current customers (including both renters and owners). By subscribing as an owner to OMG.travel you agree to receive:
A. Email inquiries from our customers
B. Reservation Confirmation Emails
C. Follow up emails from our system
D. OMG.travel monthly owner newsletter
OMG.travel does not condone spamming and will not participate in spamming. OMG.travel reserves the right to cancel services to those who violate this policy by engaging in Unsolicited Commercial Emails via OMG.travel site or by using its information. Additionally, unauthorized use of information used by third parties will be subject to copyright law violations and will be subject to criminal prosecution.
PROPERTIES: Owner/Agent shall make available for booking through the System at least the same number and type of properties as are made available through any property channel or third-party channel. Property shall make the properties available for booking on all days.
RATES: Property shall set the Rates for properties to be at least as favorable as the rates, rules, terms, and conditions owner offers to or sets for rooms made available for booking through any property channel or third-Party Channel.
OMG.travel reserves the right to reject or edit any listing submitted at our sole discretion. Once material has been submitted to OMG.travel, it becomes the property of OMG.travel and its affiliated sites and may not be copied from the OMG.travel web site without written permission. By becoming members of OMG.travel Vacation Rental Owners agree to receive OMG.travel newsletter.
Limitation of Liability
In no event will the site, subsidiaries, affiliates, officers, directors and/or employees (collectively, OMG TRAVEL) be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from our site, these Terms and Conditions, your use of the site and/or any transaction between users, even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the site, you do not agree with any part of these Terms and Conditions, then your sole and exclusive remedy against us is to discontinue using the site. In all events, our liability, and the liability of any member of OMG.travel, to you or any third party in any circumstance arising out of or in connection with the site is limited to the greater of (a) the amount of fees you pay to us in the three months prior to the action giving rise to liability, and (b) US$100.00 in the aggregate.
OMG.travel reserves the right to change these Terms and Conditions from time to time, and post the new version of these Terms and Conditions. When we do so, we will notify users of the fact that there are changed Terms and Conditions on the site, and that the new version will take effect immediately upon the date of posting (or such later date as we indicate in the relevant posting). Should an owner not wish to be governed by the new version of these Terms and Conditions, he may notify us in writing up to 30 days after the date when the new version of these Terms and Conditions is to take effect.
This Agreement shall be governed by and construed in accordance with the laws of California without reference to conflict of laws principles. Any disputes under this Agreement may be brought in the state courts and the Federal courts located in California, and the parties hereby consent to the personal jurisdiction and venue of these courts.
By using or continuing to use the services of this site, you agree to the terms and conditions of this disclaimer.