PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS THAT INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS
Last Updated: August 9th, 2012
Oasis Luxury Rentals LLC (hereafter referred to as “Oasis Collections”, “we”, “us”, or “our”) provides an online platform that connects our Guests to accommodations and other services (collectively, the “Services”), accessible at http://www.oasiscollections.com and any other websites through which Oasis Collections makes the Services available (collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you confirm a Reservation through these Services. These Terms govern your access to and use of the Site and Services and all Content (defined below), and constitute a binding legal agreement between you and Oasis Collections. Please read carefully these Terms and our Privacy Policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site.
Key Terms
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Guest” means one who requests a Reservation of an Accommodation via the Site.
“Owner” means one who has ownership of an Accommodation available on the Site
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE CONFIRMED A RESERVATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modification
Oasis Collections reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
How the Site Works
The Site can be used to facilitate the booking of residential and other properties (“Accommodations”). Such Accommodations are included on the Site. As stated above, Oasis Collections makes available a platform or marketplace with related technology for Guests to arrange for bookings of Accommodations. Oasis Collections is not an owner or operator of properties, including, but not limited to, hotel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, other lodgings or Accommodations except for temporary or permanent locations of The Clubhouse. Oasis Collections’ responsibilities are limited to: (i) facilitating the availability of the Site and Services.
Bookings and Financial Terms
If you, as a Guest, choose to confirm a reservation with Oasis Collections, you agree and understand that you will be required to enter into an agreement with the Accommodation’s owner and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Owner.
In connection with your requested reservation, you will be asked to provide customary billing information such as name, billing address and credit card information either to Oasis Collections or its third party payment processor. You agree to pay Oasis Collections for any confirmed reservations in accordance with these Terms by one of the methods described on the Site – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card or bank account provided as part of requesting the reservation either directly by Oasis Collections or indirectly, via a third party online payment processor or by one of the payment methods described on the Site. You also authorize Oasis Collections to charge your credit card in the event of damage caused at an Accommodation as contemplated under “Damage to Accommodations” below and for Security Deposits, if applicable. If you are directed to a third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed reservation transaction is complete you will receive a confirmation email summarizing your confirmed booking.
Reservation Confirmation
The Reservation Payment is 20-50% of the total rent depending on the location of the Accommodation. We accept Visa, MasterCard or American Express. Payment through PayPal or bank transfer is also available.
Rent Balance
The Rent Balance is the remaining balance of the total rent. Payment of the Rent Balance is due at least 10 days in advance of check-in. It can be paid via credit card (with a 5% fee), via Pay Pal (with a 3% fee) or via US bank transfer. In some cases rent may be payable in cash upon check-in.
Extensions
Extending a reservation that has already commenced will be subject to availability and will be treated as a new reservation. In order to confirm an extension with a start date within 30 days, you will need to pay the full amount of the rent. In order to confirm an extension more than 30 days in advance of its start date, 20% of the total price of the extension rent will be due, with the remaining rent balance due 10 days prior to the extension start date. In either case, a new contract must be signed upon confirmation, and any monies paid towards an extension are non-refundable.
Security Deposits
Owners may choose to require security deposits for the rental of their Accommodation. If a Security Deposit is required, Oasis Collections will, in its capacity use its commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount the Owner determines for the Security Deposit within a reasonable time prior to the Guest’s check-in at the applicable Owner’s Accommodation. The amount of the Security Deposit varies by Accommodation.
Administration Fee
In some destinations you will be charged an Administration Fee, which is payable in cash upon check-in. Our Reservations Team will inform you of any fee prior to booking.
Damage to Accommodations or Missing Items
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation. In the event that an Owner claims otherwise and provides evidence of damage or items missing, you agree to pay the cost of replacing the damaged or missing items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card associated with your Reservation. Oasis Collections also reserves the right to charge the credit card associated with your Reservation, or otherwise collect payment from you and pursue any avenues available to Oasis Collections in this regard, including using Security Deposits, in situations in which you have been determined, in Oasis Collections’ sole discretion, to have damaged any Accommodation. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Owner or to Oasis Collections (if applicable).
Oasis is not responsible for any broken, stolen or lost items – whether they be your property or that of the Owner. Please contact our office immediately should an item break or go missing.
Cancellations and Refunds
The Reservation Payment is not refundable under any circumstance. Canceling your reservation within 10 days before the scheduled arrival date will result in the forfeiture of your Reservation Payment and remaining Rent Balance. For stays longer than one month, a cancellation within 10 days before the scheduled arrival date will result in the forfeiture of your Reservation Payment and one month’s rent.
Foreign Currency
Rates provided on certain parts of the site may show in foreign currencies. If you (as a Guest) request a reservation, you will be notified of the currency in which you will be charged. The currency in which you will be charged will be determined by Oasis Collections based on the payment method you select and the location of the Accommodation you are booking and will be calculated based on the most current applicable foreign exchange rate according your financial institution as of the date and time that your reservation is confirmed.
Both Guests and Owners agree to cooperate with and assist Oasis Collections in good faith, and to provide Oasis Collections with such information and take such actions as may be reasonably requested by Oasis Collections, in connection with any complaints or claims made by Guests relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by Oasis Collections or a representative of Oasis Collections regarding use or abuse of the Site or the Services. If you are a Guest, upon Oasis Collections’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with an Owner, at no cost to you, which process will be conducted by Oasis Collections or a third party selected by Oasis Collections, with respect to losses for which the Owner is requesting payment from Oasis Collections.
If you are a Guest, you understand and agree that Oasis Collections reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to an Accommodation or any personal or other property located at an Accommodation. You agree to cooperate with and assist Oasis Collections in good faith, and to provide Oasis Collections with such information as may be reasonably requested by Oasis Collections in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Oasis Collections may reasonably request to assist in accomplishing the foregoing.
Problems with Accommodations
Although we rarely have problems with our properties, on occasion, issues do arise. Should a problem occur please contact our office immediately. Our office hours are (GMT -3):
M-F: 9:00 to 20:00
Sat & Sun: 11:00 to 18:00
For Guests in São Paulo our office hours are:
M-F: 9:00 to 19:00
Additionally, you will be provided with an emergency number to call outside of office hours. This number should only be used in the event of a true emergency.
Also please do keep in mind that due to cultural differences response times from technicians can be slower than one might hope, and it can be difficult to arrange for repairs at night or on the weekends and holidays. Rest assured that we will do everything we can to remedy any situation as quickly as possible.
Guest & Owner Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site or Content;
use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
when acting as a Guest or otherwise, recruit or otherwise solicit any Owner or other Guest to join third party services or websites that are competitive to Oasis Collections, without Oasis Collections’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Site or Services;
or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, or any individual element within the Site or Services, Oasis Collections’s name, any Oasis Collections trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Oasis Collections’s express written consent;
access, tamper with, or use non-public areas of the Site, Oasis Collections’s computer systems;
attempt to probe, scan, or test the vulnerability of any Oasis Collections system or network or breach any security or authentication measures;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content; or advocate, encourage, or assist any third party in doing any of the foregoing;
make excessive noise in any accommodation from midnight to 9am;
Oasis Collections will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Oasis Collections may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Oasis Collections has no obligation to monitor your access to or use of the Site, Services or Content, but has the right to do so for the purpose of operating the Site, and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Privacy
See Oasis Collections’ Privacy Policy at http://www.oasiscollections.com/privacy-policy and for information and notices concerning Oasis Collections’s collection and use of your personal information.
Ownership
The Site, Services, and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Oasis Collections and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Content.
Oasis Collections Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Oasis Collections grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Oasis Collections Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Oasis Collections or its licensors, except for the licenses and rights expressly granted in these Terms.
Links
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Oasis Collections is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Oasis Collections used herein are trademarks or registered trademarks of Oasis Collections. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at ask_us@oasiscollections.com or through the “Contact” (http://oasiscollections.com/contact-us) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of Oasis Collections and you hereby irrevocably assign to Oasis Collections and agree to irrevocably assign to Oasis Collections all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
Indemnification
You agree to release, defend, indemnify, and hold Oasis Collections and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, (iii) creation of a Listing or (iv) the use, condition or rental of an Accommodation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation and (d) your participation in the Referral Program or your accrual of any Oasis Collections Travel Credits.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Oasis Collections and you regarding the Site, Services, Content and any Reservations of Accommodations made via the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Oasis Collections and you regarding Reservations of Accommodations, the Site, Services and Content.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Oasis Collections’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Oasis Collections may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Oasis Collections (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of The United States, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in New York City for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
General
The failure of Oasis Collections to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Oasis Collections. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Oasis Collections
If you have any questions about these Terms, please contact Oasis Collections at ask_us@oasiscollections.com.
