Scope of Services: Red Cottage provides short-term rental properties for vacation and other purposes. Our properties are maintained and operated by Red Cottage.
User Requirements: To use our website or book a property with us, you must be 18 years or older. When booking a stay, you must provide accurate, current, and complete information for you and your reservation party. By booking with Red Cottage, you authorize us to use your personal information (including name, address, date of birth, or other identifying information) to process your reservation.
You are responsible for maintaining the confidentiality and security of your account credentials and may not share your credentials with any third-party. You are responsible and liable for activities and transactions conducted through your account or your use of the Site. You must immediately notify Red Cottage if your registered account is compromised.
Red Cottage reserves the right to refuse service to anyone for any reason at any time.
Non-US Users: The services offered by Red Cottage are based in the United States. We make no representations that the services are appropriate or available for use in other locations. Those who access or use the services from other jurisdictions do so at their own will and are responsible for compliance with local law. By providing information in connection with the services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.
No Use of Red Cottage Trademarks: “Red Cottage” and any other logos, trademarks, and service marks of Red Cottage may not be used, copied, or modified without prior written consent of Red Cottage. Additionally, the photographs, logos, designs, page headers, and icons used on our website are trade dress of Red Cottage. Red Cottage trademarks and trade dress may not be used in connection with any product or service that is not Red Cottage’s and may not be used in any manner that discredits or disparages Red Cottage. Red Cottage prohibits the use of any logo of Red Cottage or any of its affiliates as part of a link to or from any website unless Red Cottage approves such link in advance and in writing. You shall not use or register any domain name, social media handle, trade name, trademark, branding, logo, or any other source identifier that may be confused with Red Cottage branding.
Content and Copyright: You acknowledge that our website contains information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material (collectively, “Red Cottage Content”) that are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All rights, title, and interest in and to our website along with any content or technology thereon are the exclusive property of Red Cottage.
All Red Cottage Content is copyrighted as a collective work under the U.S. copyright laws, and Red Cottage owns a copyright in the selection, coordination, arrangement, and enhancement of such Red Cottage Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as provided by the fair use privilege under U.S. copyright laws, you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Red Cottage may make software and other materials available to you for download or use via our website or other channels. Such software is licensed to you on a non-exclusive, non-transferable basis, solely for your personal, non-commercial use in accordance with these Terms and any applicable additional terms provided by Red Cottage. You may not distribute, modify, copy, reverse engineer, decompile or otherwise attempt to derive the source code of any software made available by Red Cottage.
Red Cottage may allow users to submit or upload content, such as reviews, photos, and comments, to our website or social media channels. By submitting or uploading any user-generated content, you grant Red Cottage a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such user-generated content in all formats and distribution channels now known or hereafter devised (including in connection with Red Cottage’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that you have all rights necessary to grant the foregoing licenses, and that your user-generated content, and your provision thereof through and in connection with our website or social media channels, are not and will not 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.
Red Cottage may, but has no obligation to, monitor, review, or edit user-generated content. In all cases, Red Cottage reserves the right to remove or disable access to any user-generated content for any or no reason, including but not limited to, user-generated content that, in our sole discretion, violates these Terms or is otherwise objectionable or inappropriate.
You agree to indemnify, defend, and hold Red Cottage, its affiliates, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions, suits, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of our website or any of our services, any user-generated content you provide, or your violation of these Terms or any applicable law or regulation.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RED COTTAGE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR WEBSITE OR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL RED COTTAGE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS’ AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS IN THE AGGREGATE EXCEED THE TOTAL AMOUNT OF ONE HUNDRED DOLLARS ($100).
Red Cottage’s commitment to customer satisfaction has been strongly embedded in our company culture and values. It is important to us that our homes and the services provided meet customer expectations in all respects. Thus, if a problem should arise, please contact Red Cottage Customer Support at [email protected], and we will try to resolve your concerns or claims relating in any way to the Site, any dealings with our customer support agents, stays, or services provided by Red Cottage. If we are unable to resolve your concerns or claims, you may pursue claims as set forth in this section.
You agree to mediate any dispute or claim arising out of these terms or any resulting transaction before resorting to arbitration or court action with an experienced mediator, with a strong preference given to former state or federal judges. Mediation fees, if any, shall be divided equally among the parties involved. If the dispute or claim is not resolved within sixty (60) days of the commencement of mediation, either party may proceed by litigation or, if mutually agreed, arbitration. Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive your right to participate in or be represented in any class or representative action regarding any claim or dispute. If for any reason a claim proceeds in court rather than in mediation, you waive any right to a jury trial.
To begin mediation proceedings, you must send a letter requesting mediation and describing your claims to “Attn: Red Cottage Legal” at Red Cottage Inc., 41 E. 11TH ST. NY, NY 10003. If we request mediation against you, we will give you notice at the email address or street address you have provided.
Applicable Law and Jurisdiction The laws of the State of [State] without regard to its rules regarding conflict of laws, shall apply to any disputes arising out of or relating to these Terms and your use of the Site. Any claims arising out of or relating to these Terms and/or your use of the Site shall be litigated exclusively in the state or federal courts of [County], [State], and you and Red Cottage waive any and all rights to a trial by jury and consent to personal jurisdiction in those courts. Any disputes arising or related to our properties shall be governed by the law of the state in which the property is located.
Termination You acknowledge and agree that Red Cottage, in its sole discretion, may temporarily or permanently suspend or terminate your access to our services or registered account for any reasons, including but not limited to repeated cancellations or attempts to cancel confirmed reservations, without notice to you. Red Cottage shall not be liable as a result of any such temporary or permanent suspension or termination of your registered account or use of our services.
Indemnification Guests and registered guests agree to defend, indemnify, and hold harmless Red Cottage, its trustees, directors, officers, employees and agents from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage, or injury to you, your guests, and any personal property in connection with the use of our website and Accommodation. This indemnity obligation shall survive termination of this agreement until satisfied.
No Waiver; No Binding Effect The failure of Red Cottage to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of Red Cottage’s rights or deprive Red Cottage of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
MODIFICATION TO TERMS
Red Cottage reserves the right to modify these Terms at any time and for any reason. Any modifications, amendment, or cancellation of these Terms that occurs prior to your stay is hereby effective immediately and deemed incorporated into the Terms governing the reservation. You should check our website regularly for updates to these Terms. Your continued use of Our Site and/or any Services provided by Red Cottage will constitute your acceptance of the revised Terms.
Severability In case any provision in this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
It is understood and agreed that by using Our Site, whether or not you use any Services or make any Reservations, you shall have acknowledged and consented to Red Cottage’s Terms, on behalf of yourself and those in your party.
Promotional Campaigns – Terms and Conditions Coupons will be valid for a limited time only. Coupons may only apply to qualifying bookings, at the sole and unilateral discretion of Red Cottage. Red Cottage reserves the right to modify or cancel coupons at any time. Coupons will only be valid for bookings made during those dates indicated on marketing materials for this promotion. This discount may not be applied retroactively and/or is not valid for any reservations that were previously booked. This coupon may only be applicable to reservations beginning and ending on those dates indicated within the marketing materials for this promotion. Certain homes may be excluded from any promotion, subject to Red Cottage’s sole and unilateral discretion. Red Cottage’s standard cancellation policy applies to this sale. This promotion may not be combined with any other offers and is subject to certain availability and exclusions, in Red Cottage’s sole and unilateral discretion. Certain locations may also be subject to City or State Restrictions.