Purchase Agreement

Last Updated: October 15, 2024

DEVITO PROPERTY MANAGEMENT INC. PURCHASE AGREEMENT

Thank you for selecting Devito Property Management inc. (“DPM”) as a facilitator for your rental of property listings and/or other services such as cleaning, restaurant booking, or activity booking (collectively, the “Services”). We hope that you enjoy your experience with us. By using and seeking to purchase Services on DPM’s website (the “Website”), or by otherwise using any of DPM’s services to purchase Services, you agree to the terms and conditions contained in this agreement which incorporates, by reference, our Terms of Use and Privacy Policy (collectively, the “Agreement”). Please do not hesitate to contact us if you have any questions.

1. Website

The Website provides you with the service and convenience of locating Services that were posted for your reservation by the owner of such Services, by the owner’s representative, or by the owner’s facilitator for the rental of the Services (collectively, the “Owner”). The Owner has posted on the Website relevant information regarding the Services, which may include the property for which the Services are listed, the date and location of the property, the price at which the Services are listed, which is in United States Dollars (USD) (the “Listing Price”), and any other information that the Owner may deem relevant (collectively, the “Listing”). Photographs displayed on the Website are for illustrative purposes only and may not show the actual property, including layout and configuration, that you are booking. The Owner has made the Services available for reservation by way of a “Request to Book” option described in Section 2 below.

2. Purchasing Options

Request to Book. By selecting to reserve a property through the Request to Book option, you agree to request the property on the terms described in the Listing. DPM will contact the Owner to confirm and finalize the Owner’s acceptance of your reservation. DPM may, upon the Owner’s request, provide to the Owner any information about you that you provided to DPM or that DPM may obtain from third parties, including information necessary to verify your identity or to assess fraud (“Your Information”). If, for any reason, the reservation is not confirmed and finalized, DPM will promptly inform you, and you will be given the option of (i) receiving a prompt refund for the full value of your reservation, or (ii) selecting other properties of equal or lesser value for the same dates as your initial reservation, subject to availability. You agree that DPM makes no representation or warranty regarding the availability of properties listed until DPM notifies you that the Owner’s acceptance is confirmed and finalized. You agree to indemnify and hold DPM harmless from any and all Claims (as defined herein) that in any manner relate to or are based upon or arise from the failure to confirm and finalize the reservation after you have placed your request.

3. Delivery of the Services

DPM will send you confirmation of your booking by electronic delivery. DPM’s delivery of the confirmation to you will be deemed completed upon DPM’s sending of the confirmation to you, and not upon your receipt thereof. When DPM sends you the confirmation by electronic delivery, DPM will use the e-mail address that you provided and it is your responsibility to make sure that you actually receive DPM’s electronic transmission (and that it was not caught by a spam filter or received in your e-mail’s junk/trash mailbox). Your non-receipt of the confirmation that was properly sent to you by DPM shall not be a ground for a refund or a cancellation of your purchase of the Services.

4. Relationship Between You and DPM

Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employer/employee, or similar relationship between you and DPM, or as authorizing you or DPM to act as the agent or representative of the other. Nothing in this Agreement shall create any obligation between either you or DPM on the one hand, and a third party on the other hand. You understand and agree that you are the renter of the property, and that DPM is not the owner. DPM is only providing certain services related to your rental. DPM makes no representation or warranty of any kind about the property or services offered by the Owner. DPM is not affiliated with the property owner or manager, and DPM does not claim to be endorsed or approved by them.

5. Representations and Warranties

You represent and warrant to DPM the following:

    1. All the information that you provide to DPM, including but not limited to your name, address, e-mail address, mailing address, billing address, telephone number, and credit card information, is true, complete, and correct, and that you will update any information as soon as it changes;
    2. Neither the execution nor the performance of this agreement violates or conflicts in any way with any other agreement by which you may be bound, or with any other duties imposed upon you by contract or law.

6. Covenants

You agree that:

    1. Only you and other individuals staying at the property pursuant to the Services that you purchased (your “Guests”) shall be entitled to access and use the property;
    2. The Services that you purchase will allow you and your Guests access to the property listed in the Listing only, and not to other properties at the venue;
    3. You and your Guests shall only have access to the property during the rental period for which you purchased the Services;
    4. You and your Guests assume all the risks and dangers incidental to the stay at the property, whether before, during, or after the rental period. DPM shall not be responsible for any act or failure to act of any individual at the property;
    5. You and your Guests shall abide by and comply with all federal, state, county and local laws, rules, and regulations;
    6. You and your Guests shall abide by and comply with all rules, regulations, procedures, codes of conduct of the property owner, provider, and venue;
    7. You shall be responsible for the conduct of your Guests. You shall promptly inform DPM of any loss, injury, or damage incurred in the property during the rental period. You shall be responsible for any such loss, injury, or damage if they were caused by you or your Guests, including damage to the property, its furniture or fixtures, and the venue. If DPM learns that you or your Guests caused any such loss, injury, or damage, then you agree that (1) DPM may pay to remedy or repair such loss, injury, or damage, (2) DPM may invoice you any such amount paid by DPM, and (3) you shall pay to DPM the full amount of such an invoice no later than fifteen (15) days after you receive it. DPM shall not be responsible for any loss, injury, or damage to any person or to any property relating to your conduct or the conduct of your Guests;
    8. You shall bear the cost of all amenities (e.g., cleaning services, restaurant bookings, activity bookings) that are not included in the Listing of your Services;
    9. You shall not offer use of the property in connection with a public promotional plan;
    10. You shall provide, at DPM’s request, any additional information that DPM may deem necessary, in its sole discretion, to confirm your identity, creditworthiness, ability to pay, or the source of funds for the purchase of the Services, and you agree that DPM may cancel your purchase of Services at any time if DPM deems or suspects, in its sole discretion, that your purchase may be fraudulent or that you are carrying out a prohibited or illegal activity;
    11. All payments made by you for the Services are final. In addition, there are no refunds, exchanges, or cancellations of Services that have been provided, in whole or in part, or for any other reason other than expressly stated in this Agreement.

7. Website Errors and Interruption

DPM reserves the right to modify or discontinue, temporarily or permanently, its Website with or without notice at any time. You agree that DPM shall not be liable for any modification, suspension, interruption, or discontinuance of its Website for any reason. DPM is not responsible for any typographical or other errors contained on the Website, including errors in the Listing, whether caused by human, mechanical, electronic, or any other act, omission or processes. In the event Services are listed at an incorrect price or with incorrect information, DPM shall have the right to refuse or cancel any sale of such Services. DPM reserves the right to refuse or cancel any such sales including those for which your credit card has been charged.

8. Postponed or Rescheduled Events

DPM and you agree to abide by the policy of the property and venue regarding postponed or rescheduled reservations. In the absence of such a policy, you agree to the following: If a reservation is postponed or rescheduled, then you will be deemed to have reserved the property for the postponed or rescheduled dates. It is your responsibility to check for any possible changes in the dates of your reservation. You agree that DPM is not responsible for changes in the dates of your reservation, and that refunds will not be issued due to reservation dates being changed. Your reservation will be honoured for the postponed or rescheduled dates.

9. Cancelled Reservations

DPM and you agree to abide by the policy of the property and venue regarding cancelled reservations. In the absence of such a policy, you agree to the following: Refunds shall not be issued for reservation cancellations due to terrorism, acts of violence, or acts of God (e.g., earthquake, flood). Refunds shall only be issued for a reservation cancelled by the property or venue, which refunds shall be limited to the Listing Price of the reservation.

10. Limitations of Liability and Indemnification

You agree to indemnify, defend, and hold harmless DPM, its affiliates, and their respective directors, officers, employees, and agents (collectively, the “DPM Parties”) from and against any and all claims, demands, suits, damages, losses, liabilities, and causes of action of any kind (collectively, “Claims”), including, without limitation, personal injuries or death to you or your Guests, or any damage to your or your Guests’ property (1) arising out of or relating to (i) your or your Guests’ attendance at, observation of, and/or participation in a reservation, (ii) the use of the property, (iii) this Agreement, (2) any act or omission of the DPM Parties, including without limitation, the DPM Parties’ negligence or intentional misconduct.

11. General Provisions

The parties agree that any disputes relating to this Agreement shall be resolved in accordance with the DPM’s Terms of Use.

By purchasing or otherwise using Services, you acknowledge that you have read and agree to be bound by this Agreement, and you represent and warrant that you are authorized to bind yourself to this Agreement.