Terms and Conditions of the HomeAway Rental Guarantee

By registering your trip for the HomeAway Rental Guarantee, you agree and are subject to these terms and conditions.

1. 1. Guidelines.

   You qualify for the HomeAway Rental Guarantee if you:

   • Find and inquire about the vacation rental property through one of the websites in the HomeAway community of websites: HomeAway.com, A1Vacations.com, GreatRentals.com, CyberRentals.com, VRBO.com, VacationRentals.com, FloridaVacations.com, MexicoVacations.com, TripHomes.com, Holiday-Rentals.co.uk, OwnersDirect.co.uk, HolidayRentals.fr, FeWo-direkt.de, or Abritel.fr;
   • Register your trip with the HomeAway Rental Guarantee program;
   • Send money to the property owner via credit card, PayPal, check or direct bank transfer to secure the booking or reservation of the property. (Note: You MUST register your trip BEFORE you send money to the property owner or within seven (7) days after sending money to the property owner, and your payment must have been sent to the property owner before your receipt of any notice from HomeAway or one of companies in the HomeAway community of websites about the eligibility of the property for the HomeAway Rental Guarantee);
   • Determine that the listing is not legitimate in accordance with our policy;
   • Notify us of your loss within the required time periods set forth below;
   • Are denied complete reimbursement for your loss from the owner, bank, PayPal, payment provider or credit card issuer; and
   • Complete and submit a Guarantee Claim Form within the required time periods set forth below.

2. 2. Covered Claims.

   Subject to the restrictions and exclusions from coverage set forth below, the following claims are covered for up to $5,000 or the amounts actually lost by you and set forth in your initial trip registration, whichever is lower:

   • A deposit or payment for a vacation rental that is listed on a HomeAway website and that is found not to be a legitimate listing in that the vacation rental property does not exist.
   • A deposit or payment for a vacation rental that is listed on a HomeAway website and that is found not to be legitimate in that you are intentionally and wrongfully denied access to a vacation rental property for your stay.

3. 3. Examples of Claims Not Covered.

   The following are examples of claims that are not covered under the HomeAway Rental Guarantee program:

   • "Renter's remorse", "bait and switch" or any objection to the location, condition or suitability of purpose of the property.
   • Deposits or payments for a vacation rental not refunded or returned because you do not comply with the owner's policies or as otherwise stated in the renter's agreement or contract.
   • Deposits or payments for a vacation rental not refunded or returned because you and the owner are in a dispute over whether a refund is due.
   • Airfare and all other travel costs.
   • Payments made to any property owner via Western Union, MoneyGram, or other instant wire transfer services.
   • Deposits or payments made to any property owner after HomeAway notified you the vacation rental in question was not eligible for the HomeAway Rental Guarantee program.

4. 4. Process Requirements.

   Failure by the traveler to follow these Process Requirements, or the taking of any action by any traveler without the written consent by HomeAway that impairs our ability and/or right to mitigate any potential loss, or the making by any traveler of any false or misleading statement with respect to any claim hereunder will void such claim's eligibility under the HomeAway Rental Guarantee program.

   1. 4.1 Third Party Reimbursement. If you have paid money to the property owner via direct bank transfer, PayPal, credit card or check, you must immediately contact the banks, PayPal or credit card issuer to request recovery or reimbursement of your monies. If the banks, PayPal or credit card issuer denies your request, then you may be entitled to receive payment under the HomeAway Rental Guarantee program. You must show written proof that you contacted the banks, PayPal or credit card issuer and that your request was denied by the banks, PayPal or credit card issuer. You are required to accept a settlement from the bank, PayPal or your credit card issuer, but you may still be eligible for additional payments under the HomeAway Rental Guarantee program if such settlement is less than the amount covered under the program.
   2. 4.2 Prove your identity. You must provide written proof of your identity (e.g., copy of your passport, driver's license, utility bills, credit card information, etc.) as HomeAway may request.
   3. 4.3 Document the listing. You must provide written proof that the property was listed on one of the following HomeAway websites: HomeAway.com, A1Vacations.com, GreatRentals.com, CyberRentals.com, VRBO.com, VacationRentals.com, FloridaVacations.com, MexicoVacations.com, TripHomes.com, Holiday-Rentals.co.uk, OwnersDirect.co.uk, HolidayRentals.fr, FeWo-direkt.de, or Abritel.fr.
   4. 4.4 Document the inquiry. You must have a copy of the inquiry email verification provided to you by the HomeAway website when you first inquired about the property.
   5. 4.5 Document the reservation. You must prove that you reached an agreement with the owner regarding the vacation rental and provide HomeAway with all requested documentation of email, telephone or other communications with the owner regarding the rental property.
   6. 4.6 Document your trip registration. You MUST register your trip with the HomeAway Rental Guarantee program BEFORE you send money to the owner, or within seven (7) days after sending money to the property owner, and if we have sent you a notice that a listing is potentially not legitimate or is not legitimate, you must have registered your trip with HomeAway and made payment via direct bank transfer, PayPal, check or credit card to the property owner prior to receiving that notice.
   7. 4.7 Document your payment(s). You must provide written documentation of all payments (partial, full and/or deposit) made to the property owner. Additionally, you must prove that those payments were made after you registered your trip with the HomeAway Rental Guarantee program, or that you registered your trip within seven (7) days after making payment, and prior to receiving a notice that a listing is potentially not legitimate or is not legitimate.
   8. 4.8 Document your loss. You must provide written documentation of the listing not being legitimate (e.g., evidence that the property does not exist or that you were wrongfully denied access). Further, you must provide written evidence that the owner received your money, was notified by you of your claim, and illegally refused or failed to return your payments to you.
   9. 4.9 Notify HomeAway. You must notify HomeAway within three (3) business days of learning that the listing was not legitimate: contact customer support or by mail to HomeAway Rental Guarantee Program, HomeAway.com, 3801 S. Capital of Texas Hwy, Suite 150, Austin, TX 78704; or by calling 512-493-0382.
   10. 4.10 File a claim. You must complete, sign and submit the Guarantee Claim Form with all required documentation to HomeAway within thirty (30) days of (i) receiving the Guarantee Claim Form or (ii) the departure date set forth in your trip registration, whichever is later. Your Guarantee Claim Form must contain your agreement that:
   • Any payment available to you under the HomeAway Rental Guarantee program shall be payable to you only to the extent that the proceeds of any coverage or recovery provided by any insurance policy or any other source of recovery held or collectible by any applicant under the HomeAway Rental Guarantee is insufficient to reimburse wholly the traveler for payments made to the property owner;
   • If HomeAway pays out a claim, reversal or chargeback that you file against a recipient of your payment, you agree that HomeAway assumes all of your rights against the recipient and any third-parties related to the payment, and may pursue such rights directly or on your behalf, in HomeAway's sole discretion; and
   • You agree to execute a release agreement in form and substance acceptable to HomeAway, thereby releasing HomeAway from any and all claims you may have arising prior to the date of the payment of the claim.
   11. 4.11 Help us help you. If you initiate a claim under the HomeAway Rental Guarantee program, you agree to provide to HomeAway, on a timely basis, any documentation requested to support your claim. You also agree to fully cooperate with HomeAway in all aspects of the claim process. HomeAway may cancel claims of travelers who do not respond to inquiries regarding an alleged claim within specified times.
   12. 4.12 Collect monies owed to you. Processing of your claim will be completed within forty-five (45) days of receipt of all requested documentation. In the interim, it is recommended that claimants not discard or alter any documentation related to your claim.
   13. 4.13 By registering with HomeAway you may also receive our email newsletters and account information targeted to your interests.