PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. IN PARTICULAR, RENTORS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO RENT FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, RENTORS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING RENTEES. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. RENTORS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON WRAPAL.
WRAPAL IS NOT RESPONSIBLE FOR ANY LOCAL OR MUNICIPAL ORDINANCES THAT MAY PREVENT YOU FROM USING OUR SERVICE.
If you are using the Site or Services you are contracting with Tancek LLC ("Wrapal", "we", "us", or "our") with respect to use of the Wrapal Site and with Stripe, a third-party payment processor, (“Stripe”) with respect to any payments or payouts from or to you conducted through the Site.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH RENTORS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR PROPERTIES (DEFINED BELOW) AND RENTEES (DEFINED BELOW) MAY LEARN ABOUT AND BOOK PROPERTIES DIRECTLY WITH THE RENTORS. YOU UNDERSTAND AND AGREE THAT WRAPAL IS NOT A PARTY TO ANY
AGREEMENTS ENTERED INTO BETWEEN RENTORS AND RENTEES, NOR IS WRAPAL A REAL ESTATE BROKER, AGENT OR INSURER. WRAPAL HAS NO CONTROL OVER THE CONDUCT OF RENTORS, RENTEES AND OTHER USERS OF THE SITE AND SERVICES OR ANY PROPERTIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
“Wrapal Content” means all Content that Wrapal makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and Wrapal Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Rentee” means a Member who requests from a Rentor a booking of Property via the Site or Services, or a Member who rents a Property and is not the Rentor for such Property. “Rentor” means a Member who creates a Listing via the Site and Services.
“Listing” means a Property that is listed by a Rentor as available for rental to Rentees via the Site and Services.
“Member” means any person who completes Wrapal’s account registration process, including but not limited to Rentors and Rentees.
“Member Content” means any and all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
“Tax” or “Taxes” mean any sales taxes, transient occupancy taxes, tourist or other visitor taxes, Property or lodging taxes, fees (such as convention center fees) that Property providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
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 OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE FULLY AND COMPLETELY READ, AND THAT YOU FULLY AND COMPLETELY UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE 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.
Wrapal reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also 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, 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.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
The Site and Services can be used to facilitate the listing and booking of residential and other properties (“Properties”). Such Properties are included in Property Listings on the Site and Services by Rentors. You may view Property Listings as an unregistered visitor to the Site and Services; however, if you wish to book a Property or create a Property Listing, you must first register to create a Wrapal Account (defined below).
As stated above, Wrapal makes available an online platform or marketplace with related technology for Rentees and Rentors to meet online and arrange for bookings of Properties directly with each other. Wrapal is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Properties and Wrapal does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Properties or transportation or travel services. Unless explicitly specified otherwise in the Wrapal platform, Wrapal’s responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited payment collection agent of each Rentor for the purpose of accepting payments from Rentees on behalf of the Rentor using Stripe.
Further, Wrapal is not responsible for obtaining filming permits, licenses, or assisting in meeting or fulfilling any other requirements a Rentee may need to fulfill or meet before filming any content. All such requirements are the sole and exclusive responsibility of the Rentee.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE RENTORS AND RENTEES IN BOOKING PROPERTIES WITH EACH OTHER. WRAPAL CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS NOR THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROPERTIES. WRAPAL IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND PROPERTIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTEE’S AND RENTOR’S OWN RISK.
In order to access certain features of the Site, and to book a Property or create a Listing, you must register to create an account (“Wrapal Account”) and become a Member. You may register to join the Services directly via the Site.
Your Wrapal Account and your Wrapal Account profile page will be created for your use based upon the personal information you provide to us. We reserve the right to access your Wrapal Account in the event we need to fix bugs, adjust listings, or address other issues. You may not have more than one (1) active Wrapal Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Wrapal reserves the right to suspend or terminate your Wrapal Account and your access to the Site and Services if you create more than one (1) Wrapal Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Wrapal Account, whether or not you have authorized such activities or actions. You will immediately notify Wrapal of any unauthorized use of your Wrapal Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Property to be listed, including, but not limited to your property type, property address, title for your property, price range to rent the property out, how many rooms and restrooms the property has, the square footage of the property, what amenities the property has, whether there is movable furniture, whether pets will be present, whether you offer parking, whether you offer a student rate, and a brief description of your property. You must provide a valid address in order for your Listing to be featured on the Site. However, the Site will not display the full street address of your Property to Rentees until Rentees have paid for the booking.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post, and the booking of, or a Rentee's rental of a Property in a Listing you post (i) will not breach any agreements you have entered into with any third parties, including, but not limited to, homeowners association, condominium rules and regulations, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Property included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Wrapal assumes no responsibility for a Rentor’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Wrapal reserves the right, at any time and without prior notice, to modify, remove or disable access to any Listing for any reason, including Listings that Wrapal, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
If you are a Rentor, you understand and agree that Wrapal does not act as an insurer or as your contracting agent. Wrapal may, at its own discretion, provide you with the ability to obtain insurance. If you decide to obtain insurance through Wrapal using its policy, you are subject to our insurance policy terms and exclusions, as well as the policies and terms of our insurance carrier, agent, and underwriter. The policy can be revoked and money refunded at their and our discretion at any time for any reason whatsoever. You also agree that your information you provide is accurate and inaccurate information or misrepresenting information constitutes insurance fraud and you certificates will be deemed invalid in such an instance.
If a Rentee requests a booking of your Property, any agreement you enter into with such Rentee is between you and the Rentee and Wrapal is not a party thereto.
Notwithstanding the foregoing, Stripe currently serves as the authorized payment collection agent of the Rentor for the purpose of accepting, on behalf of the Rentor, payments from Rentees of such amounts stipulated by the Rentor (including cleaning or other fees and/or Taxes).
You acknowledge and agree that, as a Rentor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Property at your request or invitation, excluding the Rentee (and the individuals the Rentee invites to the Property, if applicable.) Rentors may request that the Rentee purchase its own insurance coverage.
Wrapal recommends that Rentors obtain appropriate insurance for their Properties. Please review any insurance policy that you may have for your Property carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Rentees (and the individuals the Rentee invites to the Property, if applicable) while at your Property. Each Wrapal Member may upload up to 250 unique listings, unless approved for more by Wrapal.
Wrapal does not endorse any Member or any Property. Members are required by these Terms to provide accurate information, and although Wrapal may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Rentor or to accept a booking request from a Rentee, or to have any other interaction with any other Member.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Wrapal with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Rentor against Wrapal regarding the remittance of payments received from a Rentee by Wrapal on behalf of a Rentor, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
“Property Fees” means the amounts that are due and payable by a Rentee in exchange for that Rentee’s rental of a Property. The Rentor alone, and not Wrapal, determines these amounts other fees as solely determined by the Rentor.
“Rentee Fees” means the fee that Wrapal charges a Rentee for the use of its online platform,
which is calculated as a percentage of the Property Fees. The Rentee Fees will be displayed to the Rentee when the Rentee is asked whether to send a booking request to a Rentor.
“Rentor Fees” means the fee that Wrapal charges a Rentor for the use of its online platform, which is calculated as a percentage of the Property Fees. The Rentor Fees will be displayed to the Rentor when the Rentor is asked whether to confirm or reject a booking request from a prospective Rentee. The percentage can be changed at any time without prior notice.
“Service Fees” means collectively the Rentee Fees and the Rentor Fees.
“Total Fees” means collectively the Property Fees and the Rentee Fees (plus any Taxes in respect of Rentee Fees).
Bookings and Financial Terms for Rentors
If you are a Rentor and a booking is requested for your Property via the Site and Services, you will begin a Booking Conversation. When a booking is requested via the Site and Services, we will share with you the first and last name of the Rentee who has requested the booking and a link to the Rentee’s Wrapal Account profile page. Within the Booking Conversation you will be able to negotiate the terms, time, and a rental price for the Rentee. After negotiating terms, you will be able to either accept or reject a booking. When you confirm a booking requested by a Rentee, Wrapal will send you message via the Site confirming such booking.
Stripe will collect the Total Fees at the time of booking confirmation (i.e. when the Rentor confirms the booking request) and will initiate payment of the Property Fees (less Wrapal’s Rentor Fees and any Taxes in respect of the Rentor Fees) to the Rentor after 24 hours of when the Rentee exits the Property on the last day of the booking (except to the extent that a refund is due to the Rentee). The time it takes for the Rentor to receive payouts may depend upon the method for receiving payouts chosen by the Rentor. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Rentor, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via Stripe to Wrapal (whether as a result of your bookings or actions as a Rentee or otherwise), then Stripe may (but is not obliged to) withhold the amount owing to Wrapal from any payout amounts due to you as a Rentor, and use the withheld amount to offset the amount owed by you to Wrapal. If Stripe does so, then your obligation to pay Wrapal will be extinguished to the extent of the amount withheld by Stripe, and Wrapal will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. Rentor shall bear the responsibility to enter any required banking information within 90 days of the completion of the booking. This data will be entered into and stored by Stripe. Failure to do so will allow Wrapal to keep any and all funds obtained from the booking.
Appointment of Stripe as Limited Payment Collection Agent for Rentor
Each Rentor hereby appoints Stripe as the Rentor’s limited payment collection agent for the purpose of accepting the Property Fees from Rentees. Each Rentor agrees that payment made by a Rentee through Stripe, shall be considered the same as a payment made directly to the Rentor, and the Rentor will make the Property available to the Rentee in the agreed-upon manner as if the Rentor has received the Property Fees. Each Rentor agrees that Wrapal may, in accordance with the cancellation policy selected by the Rentor and reflected in the relevant Listing, (i) permit the Rentee to cancel the booking and (ii) refund (via Stripe) to the Rentee that portion of the Property Fees specified in the applicable cancellation policy. Each Rentor understands that as Stripe accepts payments from Rentees as the Rentor’s limited payment collection agent and that Stripe’ obligation to pay the Rentor is subject to and conditional upon successful receipt of the associated payments from Rentees. Wrapal does not guarantee payments to Rentors for amounts that have not been successfully received by Stripe from Rentees.
Please note that Wrapal does not currently charge fees for the creation of Listings, except that certain upgrades of Listings may have a fee, which will be disclosed to you before you create the Listing. However, you as a Rentor acknowledge and agree that Wrapal reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Wrapal will provide notice of any Listing fee collection via the Site and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Rentees
The Rentors, not Wrapal, are solely responsible for honoring any confirmed bookings and making available any Properties reserved through the Site and Services. If you, as a Rentee, choose to enter into a transaction with a Rentor for the booking of a Property, you agree and understand that you will be required to enter into an agreement with the Rentor and you agree to accept any terms, conditions, rules and restrictions associated with such Property imposed by the Rentor. Rentee acknowledges and agrees that Rentee, and not Wrapal, will be responsible for performing the obligations of any such agreements, that Wrapal is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Wrapal disclaims all liability arising from or related to any such agreements. Rentee acknowledges and agrees that, notwithstanding the fact that Wrapal is not a party to the agreement between Rentee and the Rentor, Stripe acts as the Rentor’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Rentor. Upon Rentee’s payment of the Total Fees to Stripe, Rentee’s payment obligation to the Rentor for the Property Fees is extinguished, and Stripe is responsible for remitting the Property Fees (less the Rentor Fees and any Taxes in respect of the Rentor Fees), in the manner described in these Terms.
The Total Fees payable will be displayed to a Rentee before the Rentee sends a booking request to a Rentor. As noted above, the Rentor is required to either confirm or reject the booking request within the Booking Conversation; otherwise the requested booking will be automatically cancelled.
Rentee agrees to pay Wrapal for the Total Fees for any booking requested in connection with your Wrapal Account if such requested bookings are confirmed by the applicable Rentor. In order to establish a booking pending the applicable Rentor’s confirmation of Rentee’s requested booking, you understand and agree that Stripe, on behalf of the Rentor, reserves the right, in its
sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. Once Wrapal receives confirmation of your booking from the applicable Rentor, Stripe will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Wrapal cannot control any fees that may be charged to a Rentee by his or her bank related to Wrapal’s collection of the Total Fees, and Wrapal disclaims all liability in this regard.
Rentors may choose to include security deposits in their Listings (“Deposits”). Each Listing will describe whether a Deposit is required for the applicable Property and if it is, the Deposit will be included with the Total Fees paid by the Rentee to the Rentor. Wrapal will also use its commercially reasonable efforts to address Rentors’ requests and claims related to Deposits, but Wrapal is not responsible for administering or accepting any claims by Rentors related to Deposits, and disclaims any and all liability in this regard.
If Rentee has paid for a booking but cancels, Wrapal/Stripe will refund the payment (if the Rentor’s cancellation policies allow this) minus Service Fees.
In consideration for the use of Wrapal’s online marketplace and platform, Wrapal charges the Service Fees. Where applicable, Taxes may also be charged in respect of the Rentor Fees and Rentee Fees. Stripe deducts the Rentor Fees from the Property Fees before remitting the balance to the Rentor as described in these Terms. Rentee Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Stripe to Rentors via direct deposit or other payment methods described on the Site, provided Rentor has entered the required information into the site. Amounts may be rounded up or down as described the “Rounding Off” section below.
Cancellations and Refunds
If, as a Rentee, you wish to cancel a confirmed booking made via the Site and Services, either prior to or after arriving at the Property
Rentor is responsible for selecting one of several pre-determined cancellation policies set my Wrapal, and Rentee is responsible for abiding by them. Agreeing to and paying for a booking means accepting to the Rentor’s cancellation policy.
If a Rentee cancels a booking that has already been paid and a partial or full refund is allowed by the Rentor, that amount will be refunded to the Rentee, minus Wrapal’s Service Fees.
The Rentee Fee is non-refundable regardless of the cancellation policy selected by the Rentor.
If a Rentor cancels a confirmed booking made via the Site and Services (i) Stripe will refund the Total Fees for such booking to the applicable Rentee within a commercially reasonable time of the cancellation.
If, as a Rentor, you cancel a confirmed booking, Wrapal may apply penalties or consequences to you or your Listing.
In certain circumstances, Wrapal may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site and Services.
Stripe may also determine, in its sole discretion, to refund to the Rentee part or all of the amounts charged to the Rentee.
You agree that Wrapal and the relevant Rentee or Rentor (as applicable on how the cancellation or refund is requested) will not have any liability for such cancellations or refunds.
Wrapal may, in its sole discretion, round up or round down amounts that are payable from or to Rentees or Rentors to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Wrapal will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Payment Processing Errors
We will take steps to rectify any payment processing errors that are brought to our attention. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Tax regulations may require us to collect appropriate tax information from our Rentors, or to withhold taxes from payouts to Rentors, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Rentors, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US Rentors with at least one Listing in the US. You as a Rentor are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Rentor fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you are a US Rentor and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
We may, but are not required to send you a 1099 form based on the information you provide and we are not responsible should those 1099 forms be lost if you provide the wrong information or details. You are ultimately responsible for any tax obligations with or without the 1099.
A social security number or tax ID number will be required for Stripe payments.
You as a Rentor understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Wrapal cannot and does not offer Tax-related advice to any Members.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Property is located may require Taxes to be collected by Rentors from Rentees on the amount paid for the right to use and/or occupancy of Properties, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary.
Damage to Properties
As a Rentee, you are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that, as a Rentee, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Property. In the event that a Rentor claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged 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 on file in your Wrapal Account. Wrapal also reserves the right to charge the credit card on file in your Wrapal Account, or otherwise collect payment from you and pursue any avenues available to Wrapal in this regard, including using Security Deposits, in situations in which you have been determined, in Wrapal’s sole discretion, to have damaged any Property, including, but not limited to, in relation to any payment requests made by Rentors, and in relation to any payments made by Wrapal to Rentors. 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 Property to the applicable Rentor or to Wrapal (if applicable).
Wrapal will make reasonably commercial efforts to fulfill claims of damage from Rentors, but will hold no formal responsibility that these claims be resolved. In the event that Wrapal cannot charge the credit card after making reasonable attempts, Wrapal may extinguish further attempts at its sole discretion, and the Rentor may seek payment directly from the Rentee in regards to the damage.
Both Rentees and Rentors agree to cooperate with and assist Wrapal in good faith, and to provide Wrapal with such information and take such actions as may be reasonably requested by Wrapal, in connection with any complaints or claims made by Members relating to Properties or any personal or other property located at a Property or with respect to any investigation undertaken by Wrapal or a representative of Wrapal regarding use or abuse of the Site or the Services. If you are a Rentee, upon Wrapal’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 a Rentor, at no cost to you, which process will be conducted by Wrapal or a third party selected by Wrapal, with respect to losses for which the Rentor is requesting payment from Wrapal under the Wrapal Rentor Guarantee.
Rentor agrees that is its responsibility to keep and stow any valuables or materials deemed vital and Wrapal cannot guarantee that Rentees will reset everything exactly to the way it was before the booking. Rentors are also responsible in asking for Rentees for their insurance policy to be added on as an additional insured.
If you are a Rentee, you understand and agree that Wrapal reserves the right, in its sole discretion, to make a claim under your homeowner’s, rentor’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to a Property or any personal or other property located at a Property. You agree to cooperate with and assist Wrapal in good faith, and to provide Wrapal with such information as may be reasonably requested by Wrapal, in order to make a claim under your homeowner’s, rentor’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Wrapal may reasonably request to assist Wrapal in accomplishing the foregoing.
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, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:
Wrapal has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Wrapal may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Wrapal or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or
(iv) protect the rights, property or safety of Wrapal , its users, or members of the public . You acknowledge that Wrapal has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines
is otherwise objectionable or as set forth in these Terms. Wrapal reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Wrapal, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Collective 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, are the exclusive property of Wrapal 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 Collective Content.
Subject to your compliance with the terms and conditions of these Terms, Wrapal grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Wrapal Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and 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 Collective 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 Wrapal or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Wrapal a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty- free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. Wrapal does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i)
you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Wrapal the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Wrapal’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge
and agree that Wrapal 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. Links to such websites or resources do not imply any endorsement by Wrapal of such websites or resources or the content, products, or services 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 or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of Wrapal used herein are trademarks or registered trademarks of Wrapal. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Wrapal respects copyright law and expects its users to do the same. It is Wrapal’s policy to terminate in appropriate circumstances the Wrapal Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Wrapal Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Wrapal Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your Wrapal Account, your Member Content, or receive assistance from Wrapal
Customer Service, (b) any pending or accepted future bookings as either Rentor or Rentee will be immediately terminated, (c) we may communicate to your Rentees or Rentors that a potential or confirmed booking has been cancelled, (d) we may refund your Rentees in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Rentees to inform them about potential alternate Properties with other Rentors that may be available on the Site and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Wrapal Account. You may cancel your Wrapal Account at any time via the “Remove Account” feature of the Services. Please note that if your Wrapal Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, AND SERVICES OR COLLECTIVE CONTENT,
YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WRAPAL DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTEES AND RENTORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WRAPAL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WRAPAL MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY PROPERTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WRAPAL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, PROPERTIES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WRAPAL OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY RENTORS OR RENTEES. YOU UNDERSTAND THAT WRAPAL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY PROPERTIES. WRAPAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER
USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTEES AND RENTORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY WRAPAL. NOTWITHSTANDING WRAPAL’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE RENTORS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTEES ON BEHALF OF THE RENTORS, WRAPAL EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTEE OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED
BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY PROPERTIES VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF WRAPAL WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER WRAPAL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY PROPERTY VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WRAPAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE RENTORS PURSUANT TO THESE TERMS , IN NO EVENT WILL WRAPAL’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY PROPERTY VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY PROPERTY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A RENTEE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU
ARE A RENTOR, THE AMOUNTS PAID BY WRAPAL TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WRAPAL AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold WRAPAL 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, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Property, or (iii) creation of a Listing; and (d) the use, condition or rental of a Property 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 Property.
In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of the State of California.
Any dispute arising hereunder shall be subject to mandatory arbitration in Los Angeles County under the procedures provided by JAMS.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
ADDENDUM TO TERMS OF SERVICE
Wrapal Insurance Policy - Updated 4/1/2016
By clicking accept, you agree to the following terms and conditions:
- You are adding yourself and the location as an additional insured to New Empire Entertainment Insurance Services and Wrapal’s third party property damage insurance up to $100,000.
- Once purchased, this policy is non-refundable and no changes or refunds will be entertained.
- This policy is valid only for the shoot dates as booked on wrapal.com and the booking associated with the certificate. Extensions, cancellations, or modifications of your shoot dates will not be covered by this policy and a new policy will have to be purchased with a new booking on the site.
- You certify that you are the legitimate agent of the production and the policy will only be used for the property rented through this specific booking and for the specific dates listed on the policy.
- This policy does not cover general liability or any other liabilities beyond third party property damage. You must check with your other insurance policies if they present any conflicts with this one and if they overlap.
- Coverage excludes pornographic shoots, stunts, pyrotechnics, explosives, terrorism coverage, bodily injury, aircraft operation, asbestos, intellectual property, fungi, bacteria, lead poisoning, feature film productions, pollution, silica dust, viruses, and other hazardous activity, film permit application, and are subject to the terms and conditions of policy #________.
- This policy is valid only in the state of California and not the rest of the United States or foreign countries.
- Wrapal is not responsible for any claims that may result. Claims must be made in writing to:
New Empire Entertainment Ins Srvs
1611 S. Catalina Ave., Ste 208
CA 90277, USA
- You must enter your own valid address for claims from this policy to be in effect.
- This policy only covers the property named herein, and does not cover any damages or delays including but not limited to production assets including equipment, actors, automobiles, and offices.
- This policy cannot be modified, changed, altered, or extended by either party and cannot be assigned to a third party.
You can review the most current version of this Insurance Policy at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of this Insurance Policy by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Insurance Policy following the posting of any changes to this Insurance Policy constitutes acceptance of those changes."
- If you have any questions or have additional insurance needs, please contact our agent, JonPaul from the Truman Van Dyke Company at email@example.com.