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We provide the TripAdvisor Holiday Rentals Payment Protection Policy (the “Policy”) to customers who pay online using our payment platform (the “Platform”) for rental properties.
The terms “we”, “us” and “our” refer to the company in the TripAdvisor Holiday Rentals group offering this Policy to you. This is Holiday Lettings Limited, FlipKey, Inc. or GUÍA DE APARTAMENTOS NIUMBA, S.L., depending on the terms and conditions you agreed to when you made a booking.
The terms “you”, “your” or “User” refer to the customer visiting our website (the “Website”) and paying on the Platform to rent a rental property displayed on the Website (each, a “Rental”). The Websites include: flipkey.com, holidaylettings.co.uk, niumba.com and tripadvisor.co.uk (and all associated domains).
If you do not agree to the terms and conditions of the Policy, then you have no right to obtain reimbursement or claim any other rights under the Policy.
We may revise this Policy at any time and in our sole discretion by amending the applicable web page on the Website or by publishing notices elsewhere on the Website.
To qualify for reimbursement under this Policy, you must ensure that:
your claim falls within one or more of the Covered Circumstances (as defined below);
you paid for the Rental on the Platform;
you took all reasonable steps to resolve the issue with the property owner/manager (the “Owner”);
you are the person who made the booking; and
you comply with all other requirements under the Policy.
The maximum amount in aggregate that we will reimburse you under this Policy (the “Coverage Limit”) is the lower of:
the total amount you paid through the Platform for the Rental (the “Qualifying Payment”); and
USD $10,000/£7,000/€7,000 (depending on the currency in which you paid).
You may not qualify for reimbursement under the Policy if you have requested a chargeback from your credit card company, or you have opened a dispute with PayPal in relation to part or all of your Qualifying Payment. If we have disbursed your payment before you make a claim, then you will need to provide us with evidence that you have attempted to claim reimbursement from the Owner, your bank or credit card company, as applicable.
Circumstances covered under this Policy
We will reimburse you for your losses up to the Coverage Limit, provided that you meet the claim requirements described above, and one or more of the following “Covered Circumstances” applies:
Fraudulent Advertisement: the Owner does not own or manage the Rental, or is not the authorised agent of the property’s owner, or the Rental is not legally permitted to be rented.
Compromised Owner: the personal email address of the Owner or the Owner’s account with us has been compromised by a fraudulent individual purporting to be the true Owner to induce payment from you.
Inaccessible Rental: you have paid for the Rental in compliance with the booking contract, and you have complied with the Owner’s terms and conditions, but you have been denied entry to the Rental as a result of intentional and wrongful conduct of the Owner (which is deemed to include as a result of the Owner’s bankruptcy, insolvency or fraudulent activity), or the Rental is not in fact for rent. You will not be covered for any delay in accessing the Rental during the rental period. You must notify us of this condition no later than the first day of your expected rental period.
Misrepresented Rental: the Rental has Material Differences or Defects (as defined below) compared with the advertised Rental, and: (i) you are unable to rent the Rental as intended; (ii) you document the Material Differences or Defects; and (iii) you notify the Owner and us of this condition no later than the first day of your rental period.
The meaning of “Material Differences or Defects” shall be determined in our sole discretion and, among other exceptions, it shall not cover cleanliness of the Rental; minor differences in the location of the Rental advertised and the actual location of the Rental; the presence or availability of local attractions; or maintenance issues with amenities or services.
Circumstances not covered under this Policy
We will not provide any reimbursement for loss of funds due to circumstances that are not included in the Covered Circumstances. For clarification, we will not cover losses in any of the following circumstances (which is not an exhaustive list).
Any indirect losses; losses associated with travel arrangements, such as airfare or other transportation costs; opportunity losses; contractual losses; consequential losses; losses due to the weather or natural disasters; any losses other than the Qualifying Payment (subject to the Coverage Limit).
If we or the Owner offer you alternative accommodation in lieu of the Rental, and you accept the alternative accommodation (which will be inferred if you stay at least one night at such alternative accommodation), you will not be able to claim, in respect of any sums paid, for the original Rental.
Any damage deposits or other funds paid to the Owner using the Platform that are not returned due to damage or non-compliance with the Owner’s booking contract and/or cancellation policy.
Any payments made in cash, or by cheque or wire transfer, or using any other type of payment service other than via the Platform.
If you have a close personal connection with the Owner, for example, you are friends or members of the same family.
Payments you make after we notify you that the Rental is fraudulent or has been removed from the Website.
In relation to a Rental with Material Differences or Defects, where you fail to notify us no later than the first day of your rental period and you do not vacate the Rental by midnight on the day of check-in.
To make a claim under the Policy, you must take the following steps within the time periods described below.
Inform us of the problem no later than the first day of your rental period by telephone. The telephone numbers are: +44 (0)203 701 5407 (Holiday Lettings), +44 (0)808 189 0358 (FlipKey), +44 (0)203 701 5408 (Niumba).
If the issue is due to fraudulent activity, you must obtain a police crime reference number/case number in relation to such issue and print it on the Claim Form. Details of how to obtain a crime reference number/case number are included on the Claim Form.
We 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 required to process your claim.
In our sole discretion, we shall make all decisions regarding claim and documentation requirements and eligibility under the Policy. Our decisions shall be final and binding on you.