The services of Sierra Vacation Home Rentals and all content and
services and the reservation site available are provided by Sierra Vacation
Home Rentals, LLC. (“SVHR”, or “Manager”) under this Terms
of Service and any amendments to the Terms that SVHR may publish from time to
time “Site” refers to sierravacationhomerentals.com or any affiliates
of SVHR and the reservation system. The terms “you”,
“your”, “guest”, “Tenant” and “booking
group” refer to the users of this website and clients of SVHR. The terms
“Sierra Vacation Home Rentals” and “sierravacationhomerentals.com”
refer to Sierra Vacation Home Rentals, LLC. The term “supplier(s)”
refers to any applicable or any combination of lodging providers, airline,
rental car agencies, bus or other transportation attractions or affiliates. The
user hereby agrees to the terms and conditions below, as well as the policies
of any and all suppliers for all employees and/or affiliates of the user. BY
ACCESSING, BROWSING, PURCHASING THROUGH OR USING THE SERVICES OF SVHR, YOU
AGREE TO BE BOUND BY THE TERMS. If you do not agree to abide by the Terms,
please do not use the Site or download content from the Site.
Notice SVHR may operate multiple reservation systems as well as affiliates. If
you book any portion of your travel via a reservation system or affiliate, you
may find separate terms and conditions you must abide by.
If you are staying or traveling under a different contract than provided by
this website or SVHR, the terms of the contract will supplement and in some
cases supersede these policies.
AGENCY: It is mutually understood and agreed that Manager is
acting as Agent only for the property owner and has no liability to either
party for the performance of any terms or covenant of this agreement.
Furthermore, Guest understands Manager is being compensated in this transaction
by the property owner and is contractually obligated to protect the interest of
same. Manager hereby discloses to Guest should Guest elect to purchase travel
insurance protection or damage insurance through Manager, Manager may be
compensated by provider(s) for cooperation in the transaction.
INTELLECTUAL PROPERTY: All graphics, text, photographs, drawings,
software, sound, videos or other material available through SVHR is protected
by worldwide copyright, trademark and other proprietary laws and treaty
provisions. Except as expressly authorized by SVHR or the applicable third
party from whom the content originated, you agree not to copy, modify, rent,
lease, loan, sell, assign, distribute, license, sublicense, reverse engineer or
create derivative works based on SVHR. SVHR authorizes you to view and utilize
the content available through the Site only for your personal, non-commercial
use, provided that you keep all copyright and other proprietary notices intact.
You agree not to access the Site, or provide access to the Site, by means other
than the interface that is provided by SVHR for use in accessing the Site.
REPRESENTATIONS AND WARRANTIES: You represent and warrant that: You are
over the age of 21 and can form a legally binding contract under applicable
law. You have provided and will continue to provide only true, accurate,
current and complete information about yourself. The billing address you
provide to SVHR, this Site and its affiliates should be the address and phone
number your credit card bank has on file for you. You are not using SVHR for
any improper purpose, and you will act in good faith in your relationship with SVHR.
You have sufficient authority, if you are purchasing on behalf of yourself, a
company, group or organization to bind yourself, that company, group or
organization to the Terms.
PRIVACY POLICY: SVHR respects the privacy of its users.
For more details, see our privacy policy which can be found herein this Site.
RESERVATIONS ARE NOT FULLY GUARANTEED: If for some unforeseeable circumstance,
the Property is not available or becomes unavailable or uninhabitable during
your stay, it will be substituted with accommodations with an equal number of
bedrooms. If the substituted property rents for more for the same period or
remaining period, respectively, there will be no additional charge. However, if
the substituted property rents for less for the same period, the difference
will be refunded to Guest.
RATE CHANGES: Rates are subject to change without
notice prior to receipt of signed agreement and reservation deposit. If a discrepancy
arises between the rate quoted on the Site and on the confirmation, the latter
will prevail. In the event that an incorrect rate is due to a typographical or
other error, SVHR shall have the right to refuse, cancel or limit any
reservations listed at the incorrect price, whether or not an order
confirmation has been sent and/or payment has been made.
EMAIL ATTACHMENT POLICY: Email and any attachments sent by
employees and officers of SVHR and its subsidiaries and affiliates are believed
to be free of any virus, worm, Trojan horse, and/or malicious code when sent.
Each electronic mail message and its attachments could have been infected
during transmission. By reading the message and opening any attachments, the
recipient accepts full responsibility for taking protective and remedial action
about viruses and other defects. The sender’s business entity is not liable for
any loss or damage arising in any way from the message or its attachments.
LIABILITY DISCLAIMER: YOU EXPRESSLY UNDERSTAND AND AGREE THAT
YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN
“AS IS”AND “AS AVAILABLE” BASIS. SVHR MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO
THE SERVICE OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREFOF. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE CONTENT ON THE SITE
MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SVHR DOES NOT WARRANT THE
ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF RATE,
AVAILABILITY OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.
YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH RATE, AVAILABILITY, OR OTHER
INFORMATION SHALL BE AT YOUR SOLE RISK.WITHOUT LIMITING THE FOREGOING, SVHR
DOES NOT WARRANT THE SERVICE IS OR WILL BE ACCURATE, ERROR-FREE OR
UNINTERRUPTED OR MEETS OR WILL MEET CUSTOMERS REQUIREMENTS. SVHR MAKES NO
IMPLIED WARRANTY OF MERCHANTABLITY, NO IMPLIED WARRANTY OF FITNESS FOR ANY
PARTICULAR PURPOSE OR NONINFRINGEMENT, AND NO IMPLIED WARRANTY ARISING BY USE
OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND
NO LEGAL THEORY, TORT, CONTRACT, OF OTHERWISE, SHALL EITHER PARTY HAVE ANY
LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES (INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS) THAT ARISE OUT OF OR OTHERWISE ARE
RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SITE OR ANY
LINKED WEBSITE, THE STATEMENTS OF ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED
ACCESS TO THE SITE, YOUR TRANSMISSIONS, YOUR ACCOUNT OR YOUR PASSWORD, EVEN IF
SVHR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HOLD HARMLESS: Guests and all Guests of Guests shall
hereby indemnify and hold harmless its subsidiaries, affiliates, officers,
directors, agents, employees, co-branders or other partners, and suppliers,
from any claim, demand, action or damage, including reasonable attorney’s fees,
made or incurred by any third party arising out of or related to your use of
the Site, any Content you transmit via the Site, or your violation of the
Terms.
ADDITIONAL TERMS AND CONDITIONS: Guest, for himself/herself, his/her
heirs, assignors, executors, and administrators, fully releases and discharges
Manager and owner from any and all claims, demands and causes of action by
reason of any injury or whatever nature which has or have occurred, or may
occur to the undersigned, or any of his/her occupants or guests as a result of,
or in connection with the occupancy of the premises and agrees to hold Owner
and Manager free and harmless of any claim or suit arising there from. In any
action concerning the rights, duties or liabilities of the parties to this
agreement, their principals, agents, successors or assignees the prevailing
party shall be entitled to recover reasonable attorney fees and costs.
CHANGES TO THE TERMS: SVHR reserves the right, in its sole
discretion, to change, modify, add or remove any portion of the Terms in whole
or in part, at any time. Changes in the Terms will be effective when notice of
such change is posted on the terms and conditions section of the sierravacationhomerentals.com
website. Your continued use of the Site after any changes to these Terms are
posted will be considered acceptance of those changes. You should periodically
check the “Terms of Service” link on SVHR’s homepage to view the then
current Terms.
CHANGES TO THE SITE: SVHR may, in its sole discretion,
terminate, change, suspend or discontinue any aspect of the Site, temporarily
or permanently, including the availability of any features of the Site or
access to any parts of the Site, at any time without notice to you, and you
agree that SVHR shall not be liable therefore.
TERMINATION: You agree that SVHR, in its sole discretion and at any
time without notice to you, may terminate your use of the Site, including
without limitation, your password and account, and may remove or delete any
Content on the Site or within your account, including Content you have provided
to SVHR or transmitted through the Site. You further agree that SVHR shall not
be liable for any termination of your use of or access to the Site. In the
event of any termination of the Terms, or your use of or access to the Site,
you agree that the provisions regarding Intellectual Property Rights,
Indemnification, Disclaimer of Warranties, Limitations of Liability, and
General shall survive any such termination.
DISPUTES: under this Agreement shall be governed by and interpreted
in accordance with the laws of the State of California. Any action relating to
this Agreement shall be filed only in either the Madera County or Mariposa
County court in California according to which county the Unit is located. Both
parties consent to the exclusive venue and jurisdiction of such court. Guest
agrees to pay all reasonable costs, attorney’s fees and expenses that shall be
made or incurred by SVHR enforcing this agreement.
WRITTEN EXCEPTIONS: Any exceptions to the above mentioned
policies must be approved in writing by SVHR in advance.
SIERRA VACATION HOME RENTALS RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR
STATED IN THESE TERMS
