Welcome to AlabamaGulfCoastRentals.com.
By using or accessing AlabamaGulfCoastRentals.com. (the"Site"), you acknowledge that you agree to and are subject to the following terms and conditions (the "Terms"). If you do not fully agree to these Terms, you may not access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and AlabamaGulfCoastRentals.com. ("AlabamaGulfCoastRentals.com, "we", "us" or "our").
Section 1
Service Information and Disclaimer
PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION. We do not own nor can we contract for any vacation rental property listed on the Site. Instead, the Site acts as a venue to allow an owner on our Site (each, a "owner") to offer for rent, or rent, in a variety of pricing formats, a specific vacation rental property to potential renters (each, a "traveler" and, collectively with an owner, the "users"). Our involvement in the actual transaction between travelers and members is only to accept reservation deposits on behalf of the owner. We provide tools, such as direct booking, that enables a traveler to enter into a transaction to rent a specific property directly from the owner of that property. As a result, the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of members to rent vacation property, the value or fulfillment of any complementary add-ons or similar features that may be offered in connection with any property advertised in an effort to attract a rental, such as complementary gift cards or other complementary products or services (what we call a "freebie") or the ability of travelers to pay for vacation rental properties are solely the responsibility of the users.
Alabama Gulf Coast Rentals does not control rentals rates. These rates are
determined and set by the owner. Therefore, we cannot guarantee a rate for any
given time nor will Alabama Gulf Coast Rentals be responsible for any errors in
rates on this site. Rates can change without notice at any time.
Although we do charge a fee to owners to advertise their vacation rental properties on the Site, we do not charge travelers to access the Site and research listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise vacation rental properties and/or research, view or make legitimate inquiries to owners regarding their interest in particular vacation rental properties for their personal use, all in accordance with these Terms. Any other use of the Site is expressly prohibited.
Privacy Policy
When you use the site to send an inquiry to an owner, you agree to allow the Site and its affiliated websites to add your e-mail address to our database of users. You may receive one or more promotional e-mails from either the Site or its affiliated websites. You are welcome to opt not to receive such promotional e-mails from the Site or its affiliates websites at any time by
contacing customer support. Please review our Privacy Policy for more information regarding our information collection practices and safeguards. Your use of the Site signifies your acknowledgement of and agreement with our Privacy Policy.
Limitations of Use of Other User’s Information
No Spam
You agree that, with respect to other personal information that you obtain through the Site or through any Site-related communication or any Site-facilitated transaction, we have granted to you a license to use such information only for: (a) any Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, (c) facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information, and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a vacation property from you or to you, to your mailing list (email or physical mail) without the user's express consent.
Limitation of Liability
In no event will the site, AlabamaGulfCoastRentals.com subsidiaries, affiliates, officers, directors and/or employees 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, your use of the site and/or any transaction between users, even if we have been advised of the possiblity 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 this agreement, or have any other dispute or claim with or against us, another user or the site with respect to these terms or the site, then your sole and exclusive remedy agaunst us is to discontinue using the site. The site, including all content, software, functions, materials and information made available on or accessed through the site, is provided "as is." to the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the content on the site or the materials, information and functions made accessible by the software used on or accessed through the site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, and fitness for a particular purpose or accuracy. We do not warrant that the functions contained in the site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components.
You acknowledge that any transmission to and from this site is not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to us and by posting information on the site, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these terms.
Release
In the event that you have a dispute with one or more other users of the site (including, without limitation, any dispute between users regarding any transaction), you hereby agree to release, remise and forever discharge the site and any member of AlabamaGulfGoastRentals.com. Each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liablities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the site.
Indemnity
You hereby agree to indemnify, defend and hold the site and any member of the AlabamaGulfCoastRentals.com (collectively, the "indemnified parties") harmless from and against any and all liability and costs incurred by the indemnified parties in connection with any claim arising out of your use of the site (including, without limitation, any dispute between users regarding any transaction), any content posted by you to the site or any breach by you of these terms or the representations, warranties and covenants made by you herein, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
Amendments
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately thereafter. Your continued use of the Site following the posting of any such change, modification or amendment will constitute your acceptance thereof.
Accuracy
We cannot review all content posted to the Site by owners, or by other users or travelers who may have posted on the Site a review of or guest book entry for any particular rental property, and we are not responsible for any such materials posted by such owners, travelers or other users. All property listings on the Site are submitted by the owner and are the responsibility of the owner, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, the value, accuracy or fulfillment of any "freebies" that may be offered by any owner, or any alleged breaches of contract on an owner’s part. If you are an owner, by accepting these Terms and listing on the Site, you agree to indemnify and hold the Site and any member of AlabamaGulfCoastRentals.com harmless against all costs, expenses and losses arising out of a claim relating to the content of your advertisement. Owners are solely responsible for keeping their property information up to date on the Site, including, but not limited to any and all representations about any property, its amenities, location, applicable "freebies", and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, applicable "freebies", pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective travelers have searched for specific special offers, dates, or types of properties. Owners are solely responsible for ensuring the accuracy of any property descriptions. However, we reserve the right at all times to disclose any information known to us as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these terms. Further if you are a traveler, please be aware that any advertised "freebies" are only available if you actually rent from an owner the property listed with the applicable "freebie" offer.
Section 2
Pertaining to Owners using AlabamaGulfCoastRentals.com
Payments and Billing
Owners may elect to accept reservation deposit payments directly from the guest, you will be billed the 1st of the month for reservations placed during the previous month. Payments are due within 30 days of billing date. Any account past due more than 30 days will be suspended and will be removed from the website. Owners who elect to have AlabamaGulfCoastRentals.com accept payments on their behalf will be mailed a statement and a check on the 1st of each month for the reservation
deposits accepted the previous month.
You may cancel your account at any time by signing into your owner account and deactivating any property(s). You may also send notice via email to owners@alabamagulfcoastrentals.com. Include your Name, Property Name and Property Address. There is no cancellation fee. If you have any problems canceling your account, please contact us at (251) 964.5354.
Reservations Cancellations
Owners are responsible for maintaining the accuracy of their AlabamaGulfCoastRental.com availability calendars. Cancellations of reservations made through AlabamaGulfCoastRentals.com are subject to a $65.00 cancellation fee paid by the owner if cancellation is due to lack of owner due diligence. The marketing fee for the reservation will be refunded to the owner. Cancellations of reservations made through AlabamaGulfCoastRentals.com due to causes beyond the owners control, such as acts of god, hurricanes, etc., and cancellations made by the guest are not subject to a cancellation fee. The marketing fee for the reservation will be refunded to the owner.
Eligibility and Account Security
We reserve the right to refuse at our sole discretion any advertisement submitted to us either through our online submission process or sent to our offices for us to load or post onto the Site. We may refuse to publish the advertisement for any reason, and each current or prospective owner expressly agrees to release and hold us harmless from any loss or liability than may arise from such a decision. If, in our sole discretion, any owner submits unsuitable material to our Site or into the database, persistently misuses the Site or our online systems, or is in material breach of these Terms, we reserve the right to remove immediately such owner’s property from the Site without refund.
You agree and warrant that no materials of any kind submitted or transmitted by you will violate the rights of any third party, including trademark, copyright, patent, trade secret, privacy or any other proprietary rights. You further agree that you will not submit or transmit any content that is unlawful, fraudulent, libelous, defamatory or otherwise objectionable as determined by AlabamaGulfCoastRentals.com in its sole discretion. You agree that you will not use any manual process or automated scripts to collect, monitor or copy any content or information from the website or the Service.
AlabamaGulfCoastRentals.com retains the right to refuse service to or cancel the account of anyone at any time, for any reason, or no reason at all. You must be at least eighteen (18) years of age and the legal property owner to use the Service. In order to use the Service you must provide accurate, current, and complete information as may be required from you as part of the registration process or continued use of the Service. Further, you agree to update and keep current all information provided to AlabamaGulfCoastRentals.com. You are responsible for maintaining the security and confidentiality of your Service account and password and you understand that you are solely responsible for any and all actions that occur under your account.
We may change suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability
If we become aware of, or receive a complaint from, any person or entity regarding an owners listing or rental practices that, in our sole discretion, warrants the immediate removal of such owners allegedly offensive listing from the Site (for example, and without limitation, if a member double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair within the vacation rental industry, or if we receive a complaint that any listing content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from the Site without notice to the owner and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive listing from the Site without notice to the owner and without refund. If any owner is in breach of these Terms or its obligations to us then we may immediately remove such owner’s listings from the Site without notice to the owner and without refund.
Intellectual Property Notice
AlabamaGulfCoastRentals.com has gone to considerable expense and effort to design and construct this website and the Service. AlabamaGulfCoastRentals.com grants you permission to electronically copy and to print portions of this site to the extent that it is necessary for use of the Service. Otherwise, you may not copy, display, distribute, download, modify, post, transfer, or transmit this website or its contents, including images, designs, icons and photographs, without the prior written permission of AlabamaGulfCoastRentals.com. All materials on this website are either owned or licensed by AlabamaGulfCoastRentals.com. The materials contained on this website are copyrighted or trademarked and any unauthorized use of these materials may violate copyright, trademark or other laws. ALL RIGHTS RESERVED.
By posting, transmitting or otherwise providing materials of any kind to AlabamaGulfCoastRentals.com, you grant AlabamaGulfCoastRentals.com an irrevocable, non-exclusive, perpetual license to use, copy, display and distribute such materials on or in connection with AlabamaGulfCoastRentals.com and/or the Service for all purposes deemed necessary by AlabamaGulfCoastRentals.com, including but not limited to, commercial, advertising and promotional purposes. Subject to the above license, AlabamaGulfCoastRentals.com does not assert ownership over any materials posted, transmitted or otherwise provided by you to AlabamaGulfCoastRentals.com