Service Guarantee

The Last Minute Family Vacation Rental Network Level 1 Service Guarantee

The Level 1 Service Guarantee is intended to provide protection against Internet Fraud subject to the restrictions and limitations set forth in these Terms. The Level 1 Service Guarantee Program provides aggregate protection to Registered Travelers equal to the lesser of one thousand dollars ($1,000) or fifty percent (50%) of the amounts actually paid by a Registered Traveler to a property manager or owner where such funds are lost or misappropriated as the result of Internet Fraud.

“Internet Fraud” is defined as a deposit or payment by a Registered Traveler for a vacation rental that is listed on the LMVR Site where such listing is subsequently determined to be, in LMVR’s reasonable discretion, fictitious or illegitimate because the holiday rental property (i) does not exist as a property available for rent, or (ii) was advertised by the advertiser with the intention of defrauding travelers and to lead the traveler to believe the advertised property was available as a rental property.

Any bookings made from the LMVR site are covered under this program. All amounts in these terms are in Canadian dollars. The Level 1 Plan does not require that you register your rental prior to making payment to the advertiser as long as all bookings are handled through the Last Minute Family Vacation Rental Network reservation management system. More information is available through the submenu on the left side of this page.

General Program Qualifications

You qualify for the Program if you do all of the following:

 

• Find, inquire about, and rent a vacation rental property advertised in the LMVR community.
• Send money to the property owner or manager via the online reservation system either by credit card, PayPal, check or direct bank transfer to secure the booking or reservation of the property;
• Incur a loss of funds in accordance with these Terms
• Notify LMVR of your loss within the required within seven (7) business days of the first event that results in the Traveler’s request for reimbursement under the Basic Program by: (i) email to customer support; or (ii) by regular post to Last Minute Family Vacation Rental Network, Level 1 Service Guarantee Program, 29 Penn Drive, Weston, Ontario M9L 2A6 or by calling 416-316-4727.
• Are denied reimbursement for your loss of funds from (i) the property owner or manager, and (ii) PayPal or your bank, payment provider or credit card issuer (as applicable).

 

IN ORDER TO BE A REGISTERED TRAVELER UNDER THE PROGRAM, THE LISTING OF THE SUBJECT RENTAL PROPERTY MUST BE AN ACTIVE LISTING ON the LMVR SITE AT THE TIME OF PAYMENT, AND YOUR PAYMENT TO THE PROPERTY OWNER OR MANAGER MUST BE RECEIVED BY THE PROPERTY OWNER OR MANAGER BEFORE LMVR HAS SENT YOU NOTICE (IF ANY) THAT THE SUBJECT RENTAL PROPERTY IS INELIGIBLE FOR PARTICIPATION IN THE PROGRAM.

The following are illustrative examples of losses that the Level 1 Service Guarantee Program DOES NOT protect against, as determined in the reasonable judgment of LMVR:

 

• Any deposits or payments for a vacation rental that are not refunded or returned because the Registered Traveler does not comply with the property owner’s or manager’s policies, is in breach of the rental agreement, or as otherwise stated in the rental agreement.
• Any Indirect losses or damages other than amopunts actually paid to or deposited with the property owner or manager, examples of which include; Loss of Opportunity, Loss of Customs Fees, Other Contractual penalties, Airfares, and or any other outside expenses.
• Payments or deposits made to any property owner or manager via Western Union, MoneyGram, or other instant wire transfer services.
• Payments or deposits made to any property owner or manager after LMVR has sent notice to a Registered Traveler that the subject property is not eligible for participation in the Level 1 Service Guarantee Program.
• Any loss of any kind where the Registered Traveler and the property owner or manager are related to each other in any capacity, or are acting in concert to defraud the Last Minute Family Vacation Rental Network.
• Any loss of funds that is caused by or results from events outside the control of LMVR and/or the property owner or manager, including, but not limited to weather events, natural disasters or political or security threats.
• Any loss of funds except for a loss involving Internet Fraud, including, without limitation, any loss involving Wrongful Denial of Entry, Material Misrepresentation, Wrongful Deposit Loss, events that might be characterized as “renter’s remorse”, “bait and switch” or any objection by the Registered Traveler to the location, condition or suitability of purpose of the property, all as determined by LMVR in its reasonable judgment.
• Any deposits or payments for a vacation rental that are not refunded or returned because a Registered Traveler and the property owner or manager are in a dispute over whether a refund is due.
• Any deposits or payments to the property owner or manager in excess of $1,000.00.
• Any loss of funds related to a listed vacation rental property that exists but is the subject of a dispute over whether the property owner or manager has the authority to lease the subject property.
• Any loss of funds that is caused by the takeover or “phish” of a property owner’s or manager’s email account or the property owner’s or manager’s account on a the LMVR site.

 

Apply For Relief

In order to apply for relief under this program the traveler must submit a completed Level 1 Service Guarantee Request for Reimbursement Form.

In order to obtain any reimbursement from LMVR under the Level 1 Service Guarantee Program, a Registered Traveler must comply with all the programs requirements. Failure to follow these requirements, or the taking of any action by any Registered Traveler without the written consent by LMVR that impairs LMVR’s ability and/or right to mitigate any loss, or the making by any Registered Traveler of any false or misleading statement with respect to any request for reimbursement hereunder, will void eligibility for reimbursement under the Basic Program.

Reimbursement of Funds

Third Party Reimbursement. If a Registered Traveler has paid money to a property owner or manager via direct bank transfer, PayPal, credit card or check, upon learning of the existence of a potential loss of funds protected under the Basic Program, the Registered Traveler must immediately contact the bank(s), PayPal or credit card issuer (as applicable) to request recovery or reimbursement of the Registered Traveler’s funds (a “Chargeback”). A Registered Traveler is only entitled to receive payment from LMVR under the Basic Program if the bank(s), PayPal or credit card issuer (as applicable) denies a Registered Traveler’s request for a Chargeback. A Registered Traveler must provide LMVR with written proof that he or she contacted the bank(s), PayPal or credit card issuer (as applicable) and that a request for a Chargeback was denied. A Registered Traveler is required to accept any settlement from the bank(s), PayPal or credit card issuer (as applicable), but may still be eligible for additional payments under the Basic Program if such settlement is for less than the maximum reimbursement amount under the applicable Plan.

Proof of Identity. A Registered Traveler must provide written proof of his or her identity (e.g., copy of passport, driver’s license, utility bills, credit card information, etc.) as LMVR may request in its sole discretion. LMVR may request one or more forms of proof of identity, and any determination by LMVR with respect to the valid existence of any proof of identity shall be made in LMVR’s reasonable discretion.

Document the listing. A Registered Traveler must provide written proof that the subject property was listed on one of the LMVR Sites.

Document the inquiry. A Registered Traveler must provide a copy (electronic or in print) of the inquiry email verification (the “Initial Inquiry”) provided by the LMVR Site when the Registered Traveler first inquired about the subject property, and LMVR must be able to verify this Initial Inquiry by finding a log of this inquiry in its database.

Document the reservation. A Registered Traveler must prove that he or she reached a final agreement with the property owner or manager regarding the listed vacation rental and provide LMVR with all requested documentation of email, telephone, written or other communications with the property owner or manager regarding the rental property.

Document all payment(s). If LMVR sends the Registered Traveler a notice that a listing or property is not eligible for participation in the Basic Program, then the Registered Traveler must prove that he or she made payment via direct bank transfer, PayPal, check or credit card to the property owner or manager prior to LMVR’s transmission of such notice. A Registered Traveler must provide written documentation of all payments and refunds (partial, full and/or deposit) made to or by the property owner or manager. A Registered Traveler must prove that those payments were made prior to LMVR’s transmission of any notice that the subject property was not eligible for participation in the Level 1 Service Guarantee Program.

Document the loss. The Registered Traveler must provide LMVR with all requested written documentation of lost or misappropriated funds.. Further, the Registered Traveler must provide written evidence that the property owner or manager received funds from the Registered Traveler, was notified of the Registered Traveler’s refund claim, and refused or failed to return or refund such funds to the Registered Traveler. Claimants should not alter or destroy any documentation related to the lost or misappropriated funds until the matter is resolved.

File a Reimbursement Request. The Registered Traveler must complete, sign and submit the Reimbursement Request Form with all requested documentation to LMVR within thirty (30) days of (i) receiving the Reimbursement Request Form or (ii) the departure date set forth in your Registration, whichever is later. The as-submitted Reimbursement Request Form must contain the Registered Traveler’s agreement that: Any payment available to such Registered Traveler under the Level 1 Service Guarantee Program shall be payable only to the extent that the proceeds of any coverage or recovery provided by any insurance policy or any other source of recovery held or collectible by any applicant under the Basic Program is insufficient to reimburse wholly the Registered Traveler for lost or misappropriated payments made to the property owner or manager; If LMVR pays for the reimbursement, reversal or chargeback that a Registered Traveler seeks from a property owner or manager, such traveler agrees that LMVR assumes all of his or her rights against the property owner or manager and any third parties related to the payment, and may pursue such rights directly or on such traveler’s behalf, in LMVR’s sole discretion; and Such Registered Traveler agrees to execute a general release agreement in form and substance acceptable to LMVR, thereby releasing LMVR from any and all claims such traveler may have arising prior to the date of the payment made by LMVR.

Help us help you. For the avoidance of doubt, if a Registered Traveler requests reimbursement under the Level 1 Service Guarantee Program, he or she agrees to provide to LMVR, on a timely basis, any documentation requested to support such request. Such traveler also agrees to fully cooperate with LMVR in all aspects of the reimbursement process. LMVR may close without payment any reimbursement request file of a Registered Traveler who does not respond to inquiries regarding an alleged fund loss or misappropriation within specified times.

Reimbursement process. The Last Minute Family Vacation Rental Network will complete the processing of each request for reimbursement under the Basic Program within a reasonable time period after receipt of all requested documentation. As noted above, it is recommended that Registered Travelers who are seeking reimbursement do not discard or alter any documentation related to the reimbursement request until the matter is resolved.