Terms and Conditions
This document governs your relationship with Earth Hospitality LLC, (https://searchstays.com)
Access to and usage of this Website, the products and services available through this Website collectively, are subject to the following terms and conditions. By using the Services, you agree to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We may restrict access to some parts or this entire Website. This Website is handled and operated by Earth Hospitality LLC.
Definitions In these conditions of contract:
"Earth Hospitality LLC" means Earth Hospitality LLC, with its principal office at : 1050 Wall Street West, Lyndhurst, NJ 07071 and/or its subsidiaries and/or its associated companies and/or its authorized agents appointed in writing by Earth Hospitality LLC.
"Customer" means any person, firm or company with whom Earth Hospitality LLC contracts for the provision of Arrangement Services by Earth Hospitality LLC or with whom Earth Hospitality LLC contracts, as agent for a Third Party Supplier for the provision of Travel Services
Calendar Request Period: means the time period starting from the time when a booking is requested by a Traveler.
References to “you”, “your” etc., are references to the Customer, authorized representatives of the Customer or those for whom travel is requested by the Customer
"Property Representative" means a Member who creates a Listing via the Site and Services.
Authorized Bookers” means any person authorized by the Customer to use the Arrangement Services.
Arrangement Services" means Earth Hospitality LLC in recommending, booking and/or otherwise arranging, negotiating and reporting of the supply of Travel Services by Third Party Suppliers to the Customer including without limitation the provision of Online Booking Services.
Passenger" in respect of whose travel Earth Hospitality LLC provides the Arrangement Services or organizes Travel Services on the instructions of the Customer.
Third Party Suppliers" means any third parties who supply any Travel Services to the Customer. The identity of the relevant Third Party Supplier for a Travel Service will be communicated to the Customer by Earth Hospitality LLC.
Travel Services” means travel by air, land or sea, accommodation, car rental, travel insurance or other related travel services
SUBSCRIPTION TERM, REFUND REQUESTS AND TERMINATION OR TRANSFER OF LISTINGS In General
Subscription Term: All subscription listings are sold to run the full term that is chosen by the Property Representative. The term starts on the date that the Property Representative submits the full or initial (as applicable) payment and expires on the last date of the term chosen by the Property Representative. For example, for an annual subscription term, if the Property Representative submits payment for the subscription on July 1st, the subscription would expire on June 30 of the following year.
Refund Requests: Generally, no refunds are available for annul subscriptions. Once and annual subscription is paid for and set as active on Searchstays.com it is no longer eligible for a refund of any kind.
Refund Requests for Subscription Listings Not Completed:In the event you purchase a subscription for a listing but do not complete the creation of the listing or the listing does not get posted after purchase for any other reason, refund requests will be considered only during the first two (2) months following the purchase date. If within such two (2) month period you do not complete the creation of your listing as we may require to display such listing on the Site (i) you shall not be entitled to any refund and (ii) your subscription will expire no more than 15 months from the purchase date of the subscription regardless of the listing posting date.
If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your listing will remain online for the entire subscription period without refund. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.
Our Right to Terminate a Listing: If, in our sole discretion, any Property Representative submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such Property Representative’s subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a Property Representative’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such Property Representative’s 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 deceptive, unfair or improper within the vacation rental industry or in an online marketplace for vacation rentals, if we determine or suspect that the Property Representative’s payment-related practices or procedures are not secure, legal or otherwise proper, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such Property Representative’s listing(s) or subscription(s) without notice to the member and without refund. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative of Searchstays.com, we reserve the right to terminate such Property Representative’s listing(s) or subscription(s) immediately without refund. Finally, if any Property Representative is in breach of these Terms or its obligations to us or any of our third party providers then we may terminate such Property Representative’s subscription(s) immediately without notice to the Property Representative and without refund.
Transfer of Listing to a Third Party: No listing may be transferred to another party. In the event of a property sale or change in property management, Searchstays.com will provide guidance on options for creating a new listing.
Our general practice is to send documents to our customers electronically whenever possible. We reserve the rights to charge an administrative fee should you make a request for such documents to be sent
The Customer acknowledges and agrees that it is reasonable and prudent for the Customer (and/or any Passenger) to put in place a policy of insurance in respect of any loss, claim, cost, damage or injury incurred in connection with the Travel Services or any travel resulting there from Earth Hospitality LLC shall make commercially reasonable efforts to assist the Customer and/or the Passenger in obtaining such a policy of insurance from an insurer on the express request of the Customer and on payment of the appropriate premium.
Earth Hospitality LLC reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the term shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub- clause as is permitted by law.
At Earth Hospitality LLC, we operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
No delay or failure to take action under these Standard Terms and Conditions shall constitute any waiver by Earth Hospitality LLC of any provision of these Standard Terms and Conditions.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Jurisdiction and Governing Law
These terms and conditions, any supply of the Arrangement Services to the Customer and/or the Passenger and any contracts between Earth Hospitality LLC and the Customer shall be governed by the laws of New Jersey and shall be subject to the jurisdiction of the state courts and federal district courts within the State of New Jersey, without prejudice to the right of Earth Hospitality LLC to seek recovery of any sums due from the Customer before any court of competent jurisdiction.
The above Terms of Service constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and Earth Hospitality LLC. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Earth Hospitality LLC.
Earth Hospitality LLC,
1050 Wall Street West,
Lyndhurst, NJ 07071
+1 551 333 1966
+1 551 333 1966
+1 571 403-1015