Peace of Mind Guarantee Terms and Conditions

Welcome to the FlipKey Peace of Mind Policy (the “Policy”), which we provide to our customers who pay on the site through FlipKey Payments for rental properties they find on FlipKey so they can feel confident about their upcoming vacation.  This Policy is governed by these Terms and Conditions (the “Policy Terms”) and use of this Policy is conditioned upon your acceptance to comply with and be bound by the Policy Terms and the general FlipKey Terms of Use, which can be found here, and which are incorporated here by reference.  The terms "we", "us", "our" and "FlipKey" refer to FlipKey, Inc., a Delaware corporation and/or our subsidiaries.  The term "you" or “User” refers to the customer visiting FlipKey.com (the “Website”) and paying to rent one of the rental properties (“Listings”) displayed on the Website via FlipKey Payments.  If you do not agree to the Policy Terms, you have no right to obtain reimbursement or avail yourself of this Policy.

 

Qualified Persons

Subject to the terms and conditions set forth herein, you qualify for reimbursement up to $10,000 (the “Coverage Limit”) of losses under the Policy when you find and pay to rent a Listing advertised by an owner or manager on our Website (“Supplier”), provided: that you send money to the Supplier via FlipKey Payments; have been unable to recover the funds from the Supplier, bank or credit card issuer; and complete a Statement of Rental Loss and provide other requested email claims@flipkey.com with all documentation required by FlipKey or its insurers to support your claim within the time periods described below (“Covered Losses”)

 

For the avoidance of doubt, to qualify for the Policy, you must meet the requirements herein and pay our Suppliers directly through our payment platform (“FlipKey Payments”) and only funds paid by you through FlipKey Payments are eligible to be considered as Covered Losses.

 

Covered Losses under this Policy

The Policy provides reimbursement to you for Covered Losses up to the Coverage Limit where funds paid by you through FlipKey Payments are lost or misappropriated as a result of a Compromised Supplier, Inaccessible Listing, Misrepresented Listing, or Deposit Dispute, each as defined herein.

For purposes of this Policy and the definition of Covered Losses, the following definitions and conditions shall apply:

 

  • A “Compromised Supplier” shall mean a Supplier with a personal email address or FlipKey account that has been compromised by a fraudulent individual acting as the true Supplier to induce payment from a traveler.
  • An “Inaccessible Listing” is a Listing that has been rented by you through FlipKey Payments where you are subsequently unable to enter the Listing in accordance with the rental agreement between you and the Supplier as a result of intentional and wrongful conduct of the Supplier (including the Supplier is in bankruptcy or foreclosure or otherwise fraudulent) and you notify the Supplier and FlipKey on the check -in date of your expected rental term..
  • The term “Misrepresented Listing” shall mean a Listing with has such Material Differences or Defects to the as-described and advertised Listing that you rented, where: you are unable to rent the Listing as intended; you refuse to occupy the Listing; you document the material differences between the actual Listing and the Listing on FlipKey; and you notify the Supplier and FlipKey on the first daycheck -in date of your expected rental term.
  • “Material Differences or Defects” shall be determined in FlipKey’s sole discretion and, among other exceptions, shall not include the refusal to occupy the Listing based on the cleanliness of the Listing; minor differences in the location of the Listing to area attractions or maintenance issues with amenities or services.
  • A “Deposit Dispute” shall mean a documented dispute between you and the Supplier as to the rightful withholding of a security deposit paid by you through FlipKey Payments in connection with your rental of the Listing.

 

Losses that are Specifically Excluded

The Policy does not provide reimbursement for loss of funds that are not Covered Losses.  For clarification, this includes, but is not limited to, the inability to provide reimbursement for the following information:

 

  • any losses that are not Covered Losses as defined herein
  • any indirect losses; losses associated with travel arrangements, such as airfare or other transportation costs; opportunity losses; contractual losses; losses due to weather or natural disasters; any other losses other than the amount actually paid to the Supplier through FlipKey Payments
  • any security deposits or other funds paid to the Supplier through FlipKey Payments that are not returned due to damage or non-compliance with the Suppliers rental agreement and cancellation policies
  • any payments made in cash, via check or any other type of payment service other than through FlipKey Payments
  • aggregate payments to a Supplier in excess of $10,000
  • payments made by the traveler after being notified by FlipKey that a Listing has been removed and no longer subject to this Policy
  • with regard to a Misrepresented Listing, where you do not notify FlipKey and vacate the property by midnight on the check-in date of your rental term.

 

Statement of Rental Loss

Before we can process your claim for reimbursement under the Policy, you must complete a Statement of Rental Loss and provide us with the documentation described below (or as otherwise required by FlipKey) within 60 days of the end of your rental stay.  Failure to submit a Statement of Rental Loss and additional documentation will make you ineligible to recover any payments under this Policy.

 

To request a Statement of Rental Loss please contact FlipKey via email at claims@flipkey.com.  We will send you a Statement of Rental Loss.  Please follow the directions, complete and sign the form, scan and submit via email to claims@flipkey.com or fax to 617-830-0443.  Alternatively, you can print the form and submit the form via mail, by sending to FlipKey Peace of Mind Policy, FlipKey, Inc., 226 Causeway Street, Boston, MA 02114.

 

Reimbursement Claim Process

In addition to your Statement of Rental Loss, you must provide us with the following documentation set forth below, in addition to sending an email to claims@flipkey.com within the time periods described in this policy:

 

  • Identification.  You must provide us with a copy of your passport or license and additional information as we may ask in order to prove your identity
  • Communications.  Upon request, you must send us a copy of your FlipKey Payment confirmation and FlipKey inquiry request, as well as any additional communications that you had with the Supplier via email, telephone or otherwise, including any disputes with regard to the reimbursement of security deposits
  • Losses.  As requested, you must provide us with evidence of your losses, including evidence of a refund request in connection with a security deposit or documentation of the Misrepresented Listing.
  • Other Reimbursement.  You must attempt to recover your losses from your credit card issuer or bank and you are entitled to recovery under this Policy only after your credit card issuer or your bank have denied your request for recovery.

 

All reimbursement claims, documentation requirements, and eligibility decisions shall be made by FlipKey, in its sole discretion.  FlipKey shall complete the reimbursement claim process in a reasonable time frame, generally within four weeks and will keep you informed of any decisions or additional documentation that is required to process your claim.

 

General Provisions

All reimbursement decisions under the Policy shall be determined by FlipKey, in its sole discretion.  This Policy and reimbursement eligibility hereunder are subject to local laws and regulations and void where prohibited by such laws and where registration or translation is required.  These Policy Terms represent the entire agreement between you and FlipKey with regard to the Policy.  Each User acknowledges and agrees to be bound by these Policy Terms and any modifications that we may make.  If the Policy Terms and our general Terms conflict, these Policy Terms shall govern.  These Policy Terms shall be governed by the laws of the Commonwealth of Massachusetts, without regard to the conflict of laws policy therein.  Shall any notices be required under these Policy Terms, they shall be deemed given when directed to your email on file with FlipKey or if sent to FlipKey, when delivered via email to claims@flipkey.com, faxed to 617-830-0443 or by mail to FlipKey, Inc., 226 Causeway Street, Boston, MA 02114.  Should you have any questions regarding this Policy, please contact us via email at claims@flipkey.com.

 

Effective date: February 3, 2014.

 

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