This Promotion Agreement (the “Agreement”) is entered into between Marquis Rentals, LLC (hereafter referred to as “Marquis,” “we,” “us,” or “our”), a New York limited liability company, and the “Member” (hereafter referred to as “Member”, “you” or “your”) as defined as a person who completes the Marquis account registration process.
WHEREAS, Marquis maintains the website www.marquisrentals.com (the “Site”) and performs marketing, booking, and rental management services for Members seeking to license one or more properties to persons interested in booking a property online (hereafter a “User” or “Guest”). Our Site and our provision of marketing and booking services are collectively referred to in this Agreement as the “Services”; and
WHEREAS, you are requesting use of our Services as a Member to promote and book your property (the “Property”) located at the address provided to Marquis during the property onboarding process in accordance with the terms and conditions of this Agreement;
NOW, THEREFORE, for valuable consideration, the sufficiency and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
Neutral Platform. The Site is a neutral platform and Marquis is not a party to any license agreement, booking agreement, rental agreement or other transaction (collectively, a “Transaction Agreement”) between you and a Guest. We urge you to be responsible about your use of the Site and any transaction entered into as a result of listing a Property or booking a Property on the Site. We do not own or manage, nor can we contract for you or a Guest’s behalf, any Property listed on the Site. The Site acts as a platform to allow Members and Members’ representatives who advertise on the Site to offer one or more Properties to be booked by Guests, as well as a way for Users and Members to communicate with one another and enter into a Transaction Agreement. Because we are not a party to any Transaction Agreement between Members and Guests, any part of an actual or potential transaction between a Member and a User, 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 the Property), and the ability of Members to license or rent the Property or the ability of Guests to contract for the Property, are solely the responsibility of the Members and Users. We shall not, by reason of this Agreement or otherwise, be deemed to be your employee or agent, and we shall have no power to enter into a Transaction Agreement on your behalf or bind you. This Agreement does not create the relationship of principal and agent, brokerage, partnership or a joint venture between you and Marquis. Member acknowledges that neither Marquis nor any of its affiliates entities, shareholders, members, directors, employees, agents or representatives are acting or are licensed as real estate brokers or real estate salespersons.
Member Representations. Member represents and warrants the following and agrees to notify Marquis immediately if any of the following representations or warranties are no longer true or accurate:
Services. Marquis may, at Member’s election, perform one or more of the following promotion services in exchange for an additional fee, as more fully described upon package selection during the account registration process.
Marketing Partners. In addition to displaying the Property on our Site, as part of your customized marketing plan (the “Marketing Plan”), we may create and maintain listings on one or more third party websites with whom we partner (collectively, the “Marketing Partner Sites”). The Marketing Plan for your Property, including on which of our Marketing Partner Sites you Property appears, is subject to change at our sole discretion.
Access to Property. Member agrees to provide Marquis with access to the Property at a time when the Property is not being occupied by a third party to conduct an in-person Property review, a photography shoot and any additional promotion services requested. Our photographer will expect to meet the Member or his/her representative at the Property. Our photographer will not enter a Property without the Member or representative present. Property should be presented in a clean, clutter-free condition. The photographer's work should be unencumbered by pets, children or prospective occupants. Should our photographer need to return to the Property to re-shoot for any reason outside the personal control of our photographer, Member will be subject to an additional fee, and Marquis will invoice and charge Member’s credit card or withdraw funds from Member’s bank account accordingly. Member agrees to designate a property manager or caretaker who will have access to the Property, be responsible for communicating with Marquis and Guests with respect to access, answering questions about the Property, and dealing with other issues that may arise prior to or during a Guest’s stay at the Property.
Property Availability. You agree that Marquis has the right to promote the Property beginning at the conclusion of the account registration process and ending upon the termination of this Agreement. You agree that Marquis has the right to book Guests in the Property during the periods outlined as available booking dates within the owner portal. The availability calendars for your Property displayed on our Site and any Marketing Partner Sites is based on this information and other information provided to us using a portal hosted on Marquis’s website (the “Marquis Property Portal”), which you will have access to as a Member. You agree to either access the portal or contact your appointed property concierge to promptly update the availability calendars of record for your Property to reflect all bookings, including bookings made outside of our Service, owner bookings, maintenance or service blackout periods, or any other events or circumstances which would make your Property unavailable to Guests during a certain period of time. Based on your agreement to the foregoing, you agree that Marquis is not required to contact you prior to confirming a booking between you and a Guest. In the event of a double booking or other booking conflict as a result of your failure to update your calendars of record, you agree to use your best efforts to honor the booking made on our Site or our Marketing Partner Sites, as applicable. You may book your own Property or otherwise deem the Property unavailable on certain dates for any reason provided the Property is available on such dates and you update the availability calendars and you comply with the terms of this Agreement with respect to any such booking, including complying with the applicable check-in/check-out procedures and times established on the Site. If you engage Marquis on a performance based model as outlined in your owner portal, and deem additional dates as unavailable within the specified availability range, Marquis will automatically reduce each benchmark by the currently advertised booking rate for the unavailable dates.
Booking Rates. We shall provide recommendations to you with respect to booking rates; however, it is your responsibility to establish a rate for occupying your Property (the “Booking Rate”) and to ensure that such Booking Rate is accurate. Due to competitive market conditions, tourist fluctuations and demand, we may recommend you alter your Booking Rates and/or make special rates to maximize your rental income and occupancy percentage; however, you must establish the Booking Rate with which you are comfortable. If a Guests accepts your booking agreement (the “Booking Agreement”), including the Booking Rate, you acknowledge and agree that the Booking Rate constitutes an essential part of a binding agreement between you and the Guest. You further agree not to alter the Booking Rate for any Guest once accepted. If you opt in for Marquis Revenue Management services, your rates may be automatically adjusted without your formal approval.
Property Presentation. Our Site and our Marketing Partner Sites include Properties from other Members. We may present your Property on our Site and on our Marketing Partner Sites in conjunction with other Members’ Properties in any manner we determine suitable in our sole discretion.
Our presentation of you Property will be based on the information you provide in the Marquis Property Portal. You acknowledge that it is your sole responsibility to ensure all information regarding your Property is accurate and correct in all respects, including, without limitation, the Property name and address, Booking Rate, applicable fees (if any) cancellation and security deposit policies, occupancy restrictions, smoking restrictions, directions, entry instructions, local contact numbers, applicable taxes, notices regarding construction and/or maintenance, and any additional details that Guests would need in order to book, visit and enjoy the Property.
Restrictions on Outside Marketing. You agree to disclose to Marquis all other media, websites, services or other outlets (collectively, the “Media”) being used to market your Property. You agree not to advertise, market or otherwise promote your Property on any form of Media at a lower Booking Rate than is being offered to Users on our Site or our Marketing Partner Sites. If we or a User finds that your Property is being offered for a lower Booking Rate elsewhere for the same time period, you agree to honor such lower rate as listed on other Media if the User books the Property on our Site or one of our Marketing Partner Sites.
Ownership of Marketing Materials. All marketing materials produced by Marquis for a Property (whether created or taken by Marquis or a third party commissioned by Marquis), including photographs, graphics, digital assets or digital images (collectively, the “Marketing Materials”) and rights relating to such Marketing Materials, including copyright and ownership right in the media in which the Photos are stored, remain the sole and exclusive property of Marquis. Member may not reproduce, transfer, license, publicly display or distribute the Marketing Materials without the express written consent of Marquis. At no time does this Agreement provide you with the right to transfer ownership, license or otherwise share copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C. Section § 6. Marketing Materials may contain copyright management information at the discretion of Marquis either in the form of (i) a copyright notice and/or (ii) other copyright and ownership information embedded in the metadata or elsewhere. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Member will be responsible to Marquis for any penalties and awards available under the statute.
Covenant of Quiet Enjoyment. Guests shall be legally entitled to peaceably enjoy any Property booked on our Site. Any breach of this Covenant of Quiet Enjoyment by You may result in termination of this Agreement, a refund of a portion or all fees paid by a Guest and/or other damages or penalties.
Damage to Property. You understand that Marquis is not liable for any loss, damage or injury to the Property or any personal property left on the Property in connection with the occupancy or use of the Property by you or a Guest. Any personal property or possessions stored in or left in your Property should not be left unsecured, and you agree not to leave personal property of a nature unsuitable for Guest use in the Property.
Guest Complaints and Disputes with Guests. You agree to promptly address any complaints made by Guests, including, but not limited to, complaints regarding damaged household items or appliances, rodent or pest problems, torn screens, stained linens, broken furniture, unkempt grounds and access limitations. You understand that if reasonable complaints are not addressed promptly you will be suspended from listing your Property on our Site and/or obtaining our Services until such time as such complaint is addressed in a suitable manner. Notwithstanding the foregoing, you agree that you are solely responsible for resolving disputes with Guests. We reserve the right, but have no obligations, to monitor disputes between you and a Guest.
Booking Agreement. Guests will enter into a Booking Agreement as a condition to booking your Property. You agree that all documentation and information required to be accepted by a Guest as a condition of booking and occupying your Property, including any rules and regulations related to occupancy, will be described in the Booking Agreement presented to a User. You agree that a User will not be asked or required to sign any additional documentation beyond that which was described in the Booking Agreement originally accepted by the Guest. You agree that Marquis will not be responsible for collecting any additional signatures, approvals or authorizations from a Guest after they have accepted a Booking Agreement.
No Guest Identity Verification. Guest verification is difficult and we cannot, and do not assume any responsibility for the confirmation of any Guest’s purported identity. We encourage you to communicate directly with Guests or Members through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the Guest’s identity.
Compliance with Laws. Members agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the listing of their Property and the conduct of licensing their Property, including but not limited to any and all local, state and federal ordinances, laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, taxes, permits or license requirements, occupancy ordinances, 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 Transaction Agreement and assume no liability for legal or regulatory compliance pertaining to 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 Property listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion. Members who accept credit card, banking or other payment information from Guests agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Marquis in its sole discretion) an unreasonable or disproportionately large load on Marquis’ or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures Marquis may use to prevent or restrict access to the Site (or other accounts, computer systems, or networks connected to the Site); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Site; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Platform; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
Payment Logistics. You are required to maintain a valid sub-merchant account with Marquis’ approved provider(s) so that Guests are able to enter credit or debit card or e-check information securely on our Site and have payment credited to you directly. Your Guests will be charged for any transaction processing fees (including charge-backs) owed to a third party processor, and such fees shall automatically be withheld from any payments made to you by the Guest. In the event Marquis or our third party provider is not able to automatically withdraw such fees, you shall be responsible for such fees and authorize us (or our third party payment processor) to immediately and automatically charge your credit card or bank account for such fees until such fees can be collected from your Guest. You are required to be paid in full prior to the Guest’s arrival at the Property. Notwithstanding the foregoing, you shall not be entitled to payment scheduled to be received prior the Guest’s arrival from a Guest until you either: (i) accept (either electronically on our website or otherwise if consented to by Marquis) the applicable Booking Agreement, or (ii) approve release of the Guest’s payment (either electronically on our website or otherwise of consented to by Marquis). You agree and acknowledge that Marquis has the right to delay any and all payments to be made by a Guest until you are in compliance with this requirement and by providing acceptance of the Booking Agreement and/or approving release of the Guest’s payment, you are in effect countersigning the applicable Booking Agreement.
Cancellations and Refund Policy. You are solely responsible for authorizing refunds of monies collected from Guests due to weather conditions and/or other circumstances beyond your, or Marquis’ control. In the event you need to cancel a booking for which have received a fully executed Booking Agreement and a non-refundable payment to book the Property, you agree to do the following:
In the event a confirmed booking is cancelled by a Guest, we will refund to the Member, via direct payment or a credit against Marketing Fees owed for bookings confirmed within the same month, the portion of the Marketing Fee that corresponds to Guest payments not collected and/or retained by the Member.
Taxes. We are not an owner or operator of hotel or motel rooms, nor do we provide rooms, lodging or accommodations. We do not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control hotel rooms, motel rooms or any other lodgings or accommodations. We do not act as an agent for any providers or users of hotel rooms, motel rooms, or other lodging or accommodations. We merely make available a platform for Members and Guests to find one another and, if they wish, arrange for accommodations. Marquis is not a contracting agent or representative of the Member or Guest. Instead, Marquis’s role is solely to facilitate the availability of this platform as a venue for Members and Guests and to provide our Services related thereto, and any agreement for the use of any accommodations is solely between the Member and Guest, and not Marquis. You understand and agree that you are solely responsible for determining your own tax reporting requirements and payment of real estate, personal property taxes and sales taxes, if any, relating to the Property or similar tax due on proceedings from booking the Property on our Site. We cannot and do not offer tax advice to either Members or Guests.
Fees Payable to Marquis. We may charge a marketing deposit for each Property to cover our up-front out-of-pocket expenses, including, but not limited to, the cost of developing the marketing materials for your Property (the “Marketing Deposit”). We may also charge an initial listing fee for each Property to be listed on the Platform (the “Listing Fee”). We will charge a marketing fee equal to a percentage of the rental amount owed to you from a Guest based on the agreed upon the Property check-in date and check-out date agreed upon in the Booking Agreement (the “Marketing Fee”); provided, however, in the event the Guest extends the Guest’s stay, the Marketing Fee owed to Marquis shall be based upon the updated check-in and check-out dates. The Marketing Fee is calculated based on the check-in and check-out dates of the Guest, plus any additional occupant fees, if any. For your applicable Marketing Deposit, Listing Fee and Marketing Fee, please see your owner portal. The Marketing Fee does not take into account (i) taxes, (ii) ancillary fees other than additional occupant fees such as cleaning or maintenance fees, or (iii) the amount collected from the Guest at the time the reservation is confirmed (as determined by the applicable deposit and cancellation policies) – Marquis receives no fee for these additional charges. If the Marketing Fees paid to Marquis for a Property exceed the aggregate amount of the Marketing Deposit and Listing Fee for such Property, if any, the Marketing Deposit and Listing Fee shall be refunded to the Member or the Member shall be credited an amount equal to the refund owed; otherwise the Marketing Deposit and Listing Fee are non-refundable. Some optional services or functionality may incur additional fees, as determined by us in our sole discretion. You are required to provide us with a valid credit card or bank account information in order to activate this Agreement. At the beginning of each month, you will receive an invoice for the Marketing Fees, and any other charges, related to the performance of our Services and Guest bookings confirmed during the prior month, net of any credit due for cancelled bookings. You agree and acknowledge that by providing us with your credit card and/or bank account information, you authorize us (or our third party payment processor) to immediately and automatically charge your credit card or bank account for the entire amount invoiced each month and no additional notice or consent is required. You agree to keep your credit card and/or bank account information updated, and to provide us with a new valid account number if your old card or account is deactivated, expired or does not have sufficient credit or funds available to pay your fees. We reserve the right to place your account on hold, suspend our Services and/or terminate this Agreement if you are overdue in paying us any amounts due. If you wish to dispute any fee charged to your credit card or withdrawn from your bank account, you agree to discuss such dispute with us and work towards a resolution. You expressly agree to not dispute fees with your issuing credit card company or bank, which could result in a “charge back”, prior to discussing the dispute with us directly. Declined, refused and/or returned payments may result in a $50.00 service charge payable immediately.
Change in Marketing Fee. We shall inform you in writing of any changes to our Marketing Fee or other fee structures. If we give you such notice of any changes on or before the fifteenth (15th) day of any month, then the changes shall be effective on the first day of the following month unless you give us written notice that you wish to not accept such changes. In the event you provide such notice, this Agreement shall automatically terminate. All changes accepted by you will only affect bookings made after the change becomes effective. All bookings made prior to the effective date shall remain effective and all amounts due in connection with such bookings shall be paid to Marquis.
Links to Third Party Sites. The Site may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under Marquis' control, and you acknowledge that Marquis is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Website does not imply endorsement by or affiliation with Marquis. You further acknowledge and agree that Marquis shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Right to Sell Other Products. Marquis has the right to sell or offer for sale by third parties (“Third Party”) various ancillary products and services (the “Ancillary Services”), for a commission, to you, other Members and/or Guests (e.g., travel insurance, cleaning services, security deposit protection, car rentals, airfare, keyless entry locks, etc.). You are not entitled to any commissions earned by Marquis from the sale of these products or services. Furthermore, Marquis does not warrant or represent the suitability of such Ancillary Services or the Third Parties and Marquis shall not be responsible or liable for the provision or performance of such Ancillary Services by a Third Party or any acts or omissions of a Third Party.
Check-in & Cleaning Services. Marquis has identified Refined Cleaning Magic (“RCM”) as a provider of certain rental management services (the “Coordination Services”). RCM shall be available to provide Guest check-in coordination, post-rental cleaning and a security deposit report to assess whether there has been any damage to the Property. The Coordination Services shall be charged to the Guest as an additional fee payable to Marquis, who shall be responsible for payment to RCM. Member may elect to utilize such Coordination Services for any rental by electing to this service upon account registration or at a later date as communicated to Marquis.
Right to Display Advertising. Certain advertising information may be displayed on our Site and/or through our Services in our sole discretion. The display of advertising information shall not entitle you to any advertising fees or revenues from such advertising unless otherwise explicitly agreed to in writing by us. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Marquis shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers as a part of our Services.
DISCLAIMER OF GUARANTEES. Member understands and agrees that Marquis has made no guarantees (written or verbal) with respect to occupancy or income levels for any Property.
LIMITATION OF LIABILITY. In no event will Marquis nor any of its affiliated entities, shareholders, directors, MEMBERS, employees, agents and representatives (collectively, the “Affiliates”) be liable for any delays, accidents, damages, injuries or losses suffered by MEMBERS, guests or the Property. MARQUIS IS not responsible or liable for managing or mainaining the Property or for the actions, inactions or faults of MEMBER or any other third party involved in the BOOKING or management of the Property. In no event will MARQUIS be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way in connection with this Agreement or the booking, LICENSE or use of the Property. IF, DESPITE THE LIMITATIONS CONTAINED IN THIS AGREEMENT, MARQUIS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY IN CONNECTION WITH THE AGREEMENT, THEN MARQUIS’ LIABILITY WILL IN NO EVENT EXCEED THE ONE HUNDRED DOLLARS ($100.00).
Indemnification. Member agrees to indemnify, defend, and hold harmless Marquis and its affiliates, and each of their shareholders, members, contractors, suppliers, officers, directors, representatives, agents, and employees (collectively, the "Indemnitees") from and against any and all liability, damages and costs (including, without limitation, reasonable attorneys' fees) that arise from this Agreement except as such results from the gross negligence or willful misconduct of Marquis. Marquis reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Member. Member shall not settle any matter without the written consent of Marquis. Member shall cooperate as fully as reasonably required in the defense of any claim.
Termination of Agreement. Member or Marquis may terminate this Agreement immediately upon written notice to the other party without penalty. Notwithstanding the foregoing, such termination shall not affect any reservation or other obligation entered into by Member prior to the termination date. Member agrees to honor all reservations in place at the time of termination and pay Marquis any fees due and owing for the same. This section survives termination of this Agreement. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time (i) suspend and/or terminate your access to our Services; (ii) modify or discontinue, temporarily or permanently, any portion of our Services; (iii) deactivate or delete any of your accounts and all related information and files in such accounts; and/or (iv) bar your access to any of such files or Services.
Booking Agreement. The Booking Agreement can be viewed at www.MarquisRentals.com/terms and by executing this Agreement you agree to be bound by the terms and conditions set forth therein, including the insertion of pricing terms consistent with those agreed to pursuant to this Agreement and any additional obligations and duties as it relates to your Property or any Guest booking your Property.