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TERMS & AGREEMENT

TERMS & AGREEMENT

Last updated September 10, 2018

By providing your contact information when registering or utilizing the booking services provided by BigBear.com, you are joining the “LocalOTA Reservations” system. This service syncs your login credentials, your reservations and your setting across all of LocalOTA’s products. The terms “we”, “us”, “our”, “LocalOTA Reservations system” and “LocalOTA” refer to Pacific Sky Productions, a Limited Liability Corporation.

This website is offered to you conditioned upon your acceptance without modification of the following terms, conditions, and notices (collectively, the “Terms of Use” or “Agreement”). Please read these Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs your use of this Site, and is incorporated by reference in this Agreement. By using or accessing BigBear.com or any other website operated by us on which these terms and conditions are posted via a link or otherwise (each referred to herein as a “Site”), you acknowledge and agree that you are subject to the Terms of Use. If you do not agree to the Terms of Use, please do not use or book any reservations through this Site.

USE OF THE WEBSITE

As a condition of your use of this Site, you warrant that:

  1. 1. You are at least 18 years of age;
  2. 2. You possess the legal authority to create a binding legal obligation
  3. 3. You will use this Site in accordance with these Terms of Use;
  4. 4. You will only use this Site to make legitimate reservations for you or for another person for whom you are legally authorized to act;
  5. 5. You will inform such other persons about the Terms of Use;
  6. 6. All the information supplied by you on this Site is true, accurate, current, and complete;
  7. 7. If you have a BigBear.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.


We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

SCOPE OF SERVICES

We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or renting a property. We do not own or manage, nor can we contract for, any vacation rental property listed on an owner’s Site. The Site provides an on-line marketplace to allow homeowners and property managers who advertise on the Site (each, a Member") to offer for rent in a variety of pricing formats, a specific vacation or short term rental property (a “Listing”) to potential renter or renters (each, a "Traveler" and, collectively with a Member, the "Users"). "Members" may also include property owners or managers who originally advertised their properties on another website and their listings have been redistributed on the Site. We also may offer online booking or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions.

LocalOTA, BigBear.com, and Big Bear Resort Association dba Visit Big Bear are not a party to any rental or other agreement between users. This is true even if the Site allows you to book a rental or provides other ancillary products or services, as the Site may facilitate booking a rental or other tools, services or products, but we are not a party to any rental or other agreement between users. As a result, any part of an actual or potential transaction between a Traveler and a Member, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any Traveler or property), the ability of Members to rent a vacation property or the ability of Travelers to contract for properties are solely the responsibility of each user. BigBear.com makes no representations, either expressed or implied, regarding any of the properties listed on the Site. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking or purchasing a product or service and LocalOTA or one of its affiliates may place additional restrictions on your booking, product or service.

Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.

Members further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their property and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.

Members who accept credit card, banking or other payment information from travelers agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.

While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.

MODIFICATION OF THESE TERMS

LocalOTA and Visit Big Bear reserves the right to modify these Terms of Use at any time in accordance with this provision. If we make changes to these Terms of Use, we will post the revised terms on the Site and update the “Last Updated” date at the top of these Terms of Use.

TERMS SPECIFIC FOR MEMBERS

When creating a Listing through the LocalOTA platform you must (1) provide complete and accurate information about your Listing (such as listing description, location, and calendar availability), (2) disclose any deficiencies, restrictions (such as house rules) and requirements that apply, and (3) provide any other pertinent information requested by LocalOTA. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

You are solely responsible for setting a price (including any taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Traveler requests a booking of your Listing, you may not request that the Traveler pay a higher price than in the booking request.

Any terms and conditions included in your Listing must not conflict with these Terms of Use. Pictures, animations or videos (collectively, “Images”) used in your Listing must accurately reflect the quality and condition of your rental property. LocalOTA reserves the right to require that Listings have a minimum number of Images of a certain format, size, and resolution.

When you accept or have pre-approved a booking request by a Traveler, you are entering into a legally binding agreement with the Traveler and are required to provide services to the Traveler as described in your Listing when the booking request is made.

LocalOTA recommends that Member obtain appropriate insurance for their accommodation. Please review any respective insurance policy carefully, and in particular 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 Travelers (and the individuals the Travelers has booked for, if applicable) while staying at your accommodation.

TERMS SPECIFIC FOR TRAVELERS

Subject to meeting any requirements set by LocalOTA and/or Member, you can book a Listing available on the LocalOTA platform by following the respective booking process. All applicable fees, including the Listing Fee, security deposit, taxes, and other guest fees (collectively, Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested.

Upon receipt of a booking confirmation from LocalOTA, a legally binding agreement is formed between you and the Member, subject to any additional terms and conditions of the Member that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. LocalOTA will collect the Total Fees, which will be handled through a third-party company at the time of the booking request or upon the Member’s confirmation.

BOOKING ACCOMMODATIONS

You understand that a confirmed booking of an accommodation is a limited license granted to you by the Member to enter, occupy and use the accommodation for the duration of your stay, during which time the Member (only where and to the extent permitted by applicable law) retains the right to re-enter the accommodation, in accordance with the Member.

You agree to leave the accommodation no later than the checkout time that the Member specifies in the Listing or such other time as mutually agreed upon between you and the Member. If you stay past the agreed upon checkout time without the Member’s consent, you no longer have a license to stay in the accommodation and the Member is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Member, for each twenty-four (24) hour period (or any portion thereof) that you overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Member, plus all applicable guest fees, taxes, and any legal expenses incurred by the Member to make you leave.

DISPUTES

Visit Big Bear is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with customer service agents, any services or products provided, any representations made by us (“Claims”), by emailing support@bigbear.com. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in a small claims court, as set forth below.

Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, BigBear.com, Big Bear Visitors Bureau, or any companies offering products or services through us (which are beneficiaries of this arbitration agreement.) This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Use as a court would.

Arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the County of San Bernardino.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to Director of Operations, at P.O. Box 1936, Big Bear Lake, California 92315. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instruction are available at www.adr.org or by calling 1-800-778-7879.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

PRIVACY POLICY

LocalOTA believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website and, as stated above, is incorporated by reference, to understand our practices.

PAYMENT

Your payment is processed in the United States and will be handled by a third-party vendor, Stripe. Stripe’s privacy and terms can be found online at https://stripe.com/us/privacy.

INDEMNIFICATION

You agree to defend and indemnify LocalOTA, BigBear.com, Visit Big Bear and its affiliates and subsidiaries, including but not limited to any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. 1. Your breach of these Terms of Use or the documents referenced herein;
  2. 2. Your violation of any law or rights of a third party;
  3. 3. Your use of this Website.

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