Terms of Service
Welcome to Tribute Portfolio Homes
Flying Jamon Limited (“we”, “our”, or “us”)  operates a platform which enables individuals  (“Guests” or “you”) to view and make reservations for  short term rental properties  listed on our website (each, a “Listing”)  using our website at www.tributeportfoliohomes.com (the “Service”).
We operate the Service under the brand “Tribute Portfolio Homes” pursuant  to a licence from Marriott International, Inc. (“Marriott”).
Your relationship with us
This document and any documents referred to within it (collectively, the “Terms of Service”)  set out the terms of your relationship with us. It is important that you read and understand  the Terms of Service before using the Service. If there is anything within the Terms of Service  that you do not understand, then please contact us at tributeportfoliohomes@hostmaker.com  to discuss what this means for you.
By using and accessing the Service you agree to these Terms of Service.  If you do not agree to these Terms of Service,  please do not browse or otherwise access or use the Service.
You acknowledge that the properties identified in the Listings are not owned,  managed or rented out by us or by Marriott, but by third party individuals  who have each entered into an agreement with us to rent their properties  to Guests through the Service (“Hosts”).
When you submit a request to make a reservation for a Listing,  and this is accepted by us on behalf of a Host (a “Booking”),  you enter into an agreement with the Host to rent the relevant Listing,  which shall also be subject to any additional terms and conditions specified in any Listing.  Neither we nor Marriott are a party to any agreement for the rental of any Listing.
You are responsible for ensuring that any person to whom you grant access  to any Listing complies with the Terms of Service as if they are a party to the Terms of Service,  and you shall be responsible for any acts and omissions of any such other person  as if they are your acts and omissions.
By making a Booking through the Service, you may be eligible to earn Marriott Rewards  and SPG Points from Marriott. Please visit Loyalty Terms of Service for further information and terms and conditions.
Information about us
Flying Jamon Limited is incorporated and registered in  England and Wales under company number 08799743.  Our registered office is at Block A-101, Biscuit Factory, 100 Drummond Road, London SE16 4DG, England.
Using the Service
You must be [18] years or older and capable in your country of residence of entering  into a legally binding agreement to use our Service.
You are responsible for ensuring that any information that you provide to us is accurate and up to date.
We may contact you to verify your identity and request any additional documentation that we  may require for that purpose, as permitted by applicable laws.
Fees and payments
The Service is provided free of charge.
In order to make a Booking, you will be required to pay a booking fee to the Host,  as detailed in the relevant Listing (the “Booking Fee”).
You are required to pay the Booking Fee through the Service.
If your request to make a reservation is accepted, the Booking will be confirmed and  you will be charged the Booking Fee.
If your request to make a reservation is rejected, the Booking will not be confirmed  and your credit or debit card will not be charged the Booking Fee.
We will act as a payment collection agent for the Host,  for the sole purpose of facilitating payment of the Booking Fee  (less any service fee that we charge to the Host) from you to the Host.
If we are unsuccessful in charging your credit or debit card  and have still not received payment within [14] days after informing you,  and without affecting any other rights and remedies available to us, we may,  without responsibility to you, suspend or temporarily disable all or part of your access  to the Service and we shall be under no obligation to provide any or all  of the Service while the Booking Fee concerned remains unpaid.
All amounts (including Booking Fees) stated or referred to in the Terms of Service:
  • are listed in the Listings in US Dollars (USD); and
  • are inclusive of value added tax and any other taxes (if applicable),  and shall be paid at the same time as payment of the Booking Fee.
Modifications, cancellations, and refunds
You may modify or cancel a Booking through the Service or by contacting us at tributeportfoliohomes@hostmaker.com.
Any modification or cancellation may be subject to additional terms and conditions as  notified to you prior to your confirmation of a request to modify or cancel a Booking,  including the terms and conditions set out in this clause.
If you cancel a Booking, the following amounts of the Booking Fee will be refunded to you:
  • If you cancel a Booking, the following amounts of the Booking Fee will be refunded to you:
    • if you cancel your Booking within 48 hours of making the Booking, and at least thirty (30)  days before the first day of your reservation,  you will receive a full refund of the Booking Fee;
    • if you cancel your Booking between thirty (30) days and one (1) week before the first day  of your reservation, you will receive a refund of 50% of the Booking Fee;
    • if you cancel your Booking during the week before the first day of your reservation,  you will not receive any refund of the Booking Fee;
    • if you cancel your Booking during the reservation period (for example,  if you want to check out before the agreed check-out date),  you will not receive any refund of the Booking Fee;
  • if your reservation is for a period of thirty (30) days or more:
    • if you cancel your Booking at least twenty-nine (29) days before the first day  of your reservation, you will receive a refund of the Booking Fee less the fees  for the first month of the reservation;
    • if you cancel your Booking during the period of twenty-eight (28) days  before the first day of your reservation,  you will not receive any refund of the Booking Fee; and
    • [if you cancel your Booking during the reservation period (for example,  if you want to check out before the agreed check-out date), you will receive a refund  of the Booking Fee for any amounts paid in advance in respect of  the period commencing thirty (30) days after the date of cancellation.  In other words, you will not receive a refund  for the period prior to the date of cancellation, and you will not receive a refund  (or you will be required to pay, if you have not already done so) the fee for the period  of thirty (30) days after the date of cancellation (or for the  remainder of your reservation, if this is less than thirty (30) days).]
    • If you check out three (3) or more hours after the check-out time  [as notified to you on the Booking confirmation], you will be charged for one  (1) additional night for late check-out, as notified to you  [on the reservation confirmation email]. This additional fee will be calculated  at the same daily rate as your Booking Fee.
If you check out three (3) or more hours after the check-out time [as notified to you  on the Booking confirmation], you will be charged for one (1) additional night for late  check-out, as notified to you [on the reservation confirmation email].  This additional fee will be calculated at the same daily rate as your Booking Fee.
If the Host cancels your Booking, you will receive a full refund of the  Booking Fee and, at your request, we will use reasonable  endeavours to assist with relocation options.
Your right to use the Service
The materials and content comprising the Service belongs to us or our third party licensors,  and we give you permission to use these materials and content for the sole purpose of using  the Service in accordance with these Terms of Service.
Other than as allowed in these Terms of Service you are not given a right to use the  “Tribute Portfolio Homes”, “Marriott” or “Flying Jamon” names, trade marks,  logos, domain names and other distinctive brand features.
Unless allowed by these Terms of Service and as permitted by the functionality of the Service, you agree:
    not to copy any portion of our Service;
    not to give or sell or otherwise make available any portion of our Service to anybody else;
    not to change our Service in any way;
    not to look for or access the code of our Service that we have not expressly  published publicly for general use.
You agree that you have no rights in or to any portion of the Service other than the  right to use the Service in accordance with these Terms of Service.
Rules of Acceptable Use
In addition to the other requirements within these Terms of Service, this section describes  specific rules that apply to your use of the Service (the “Rules of Acceptable Use“).
When using the Service you must not:
  • circumvent, disable or otherwise interfere with any security related  features of the Service or features that prevent or restrict use or copying  of the content accessible via the Service;
  • give any false or misleading information or permit another person  to use the Service under your name or on your behalf;
  • impersonate any person, or misrepresent your identity or  affiliation with any person or give the impression they are linked to us  or to Marriott, if this is not the case;
  • use the Service other than for its intended purpose as set out in the Terms of Service;
  • use the Service if we have suspended your access to it, or have otherwise banned you from using it;
  • modify, interfere, intercept, disrupt or hack the Service or collect  any data from the Service other than in accordance with the Terms of Service;
  • misuse the Service by knowingly introducing viruses, Trojans, worms,  logic bombs or other material which would harm the Service or the equipment  of any user of the Service; or
  • use any automated system, including without limitation   “robots“, “spiders“ or “offline readers“  to access the Service in a manner that send more request messages to the Service than  a human can reasonably produce in the same period of time.
Failure to comply with the Rules of Acceptable Use constitutes  a serious breach of the Terms of Service,  and may result in our taking all or any of the following actions (with or without notice):
  • immediate, temporary or permanent withdrawal of your right to use the Service;
  • issuing of a warning to you;
  • legal action against you including proceedings for reimbursement of all costs  (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Ending our relationship
If at any time you do not feel that you can agree to the Terms of Service  or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
You may end your use of the Service at any time, for any reason.
We may immediately end your use of the Service if you break the  Rules of Acceptable Use, any other important rule(s), or the Terms of Service.
We may also withdraw the Service as long as we give you reasonable  notice that we plan to do this so that you have a reasonable  period of time to download any of your User Content.
If you or we end your use of the Service or we withdraw the Service  as described in this section, we may delete or modify any information we hold about you.  You will also lose any rights you have to use the Service or access our content.  We will not offer you compensation for any losses.
The termination of your use of the Service shall not affect   any of your obligations to pay any sums due to us.
Liability
You acknowledge that neither we nor Marriott are party to any agreement between you and any Host.  Accordingly, neither we nor Marriott will be liable for any breach of a contract between you and any Host.
Neither we nor Marriott assume any liability for any loss or damage suffered  by you which is caused by any Host`s action or inaction.
You agree to accept liability for, and to reimburse us and/or Marriott for any loss,  or damage, liability, or expense that we and/or Marriott may suffer as a result of any claim  or action brought against us and/or Marriott as a result of your use of the Service  (except to the extent caused by our negligence or as otherwise expressly stated in the  Terms of Service), or in relation to any Booking (including for any damage to property),  whether in contract (including for any breach of the Terms of Service or any agreement  between you and any Host), tort (including negligence) or restitution, or for breach of statutory  duty or misrepresentation, or otherwise.
We will use reasonable endeavours to ensure that the Service is reasonably available  during normal business hours.
Unfortunately, due to the nature of the Internet and technology, the Service is provided on an  “as available“ and “as is“ basis. This means that we are unable to promise that your use of the  Service will be uninterrupted, without delays, error-free, or meet your expectations and we do  not give any commitment relating to the performance or availability of the Service in these Terms  of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
In the event of a claim arising out of the provision of the Service, our responsibility to you will  never be more than the amount you have paid through the Service in the twelve (12) months prior to  the claim arising and, in the event that you have not made any payments through the Service, our  responsibility to you will never be more than [£100]. As between us and Marriott, we and not Marriott  are solely responsible for the Service and responsible for any liability to you arising under or in  connection with the Service, and you agree that you will bring any claims against us and not Marriott.
In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
Nothing in the Terms of Service excludes or limits our liability to you,  or your statutory rights as a consumer, if the law of the country where you  live does not allow the exclusions or limitations of liability provided for in the Terms of Service.
Resolving disputes
If you have a dispute with us relating to the Service, in the first instance please contact us at tributeportfoliohomes@hostmaker.com  and attempt to resolve the dispute with us informally. In the unlikely event that we are not  able to resolve a dispute informally, we will discuss and agree with you the most  effective way of resolving the dispute.
If a dispute arises between you and a Host in connection with a Booking, then you may refer  the dispute to us by contacting us at tributeportfoliohomes@hostmaker.com , in which case we will review the dispute and provide reasonable assistance to resolve such  dispute informally by acting as a mediator between you and the Host. For the avoidance of doubt,  we are under no obligation to resolve any dispute between you and a Host to the satisfaction  of both you and the Host, and nothing in this clause shall prevent you (or the Host) from  commencing or continuing court proceedings in relation to the dispute.
Changes to the Service
We are constantly updating and improving the Service to try and find ways to provide you  with new and innovative features and services. Improvements and updates are also made to reflect  changing technologies, tastes, behaviours and the way people use the Internet and our Service.
In order to do this, we may need to update, reset, stop offering and/or supporting a particular  part of the Service, or feature relating to the Service (“changes to the Service“).  These changes to the Service may affect your past activities on the Service  and features that you use (“Service elements“). Any changes to the Service could  involve your Service elements being deleted or reset.
You agree that a key characteristic of our Service is that changes to the Service will take place  over time and this is an important basis on which we grant you access to the Service. Once we have  made changes to the Service, your continued use of the Service will show that you have accepted any  changes to the Service. You are always free to stop using the Service.
We will try, where possible and reasonable, to contact you to let you know about any  significant changes to the Service.
Changes to the documents
We may revise these Terms of Service from time to time but the most current version will always be at www.tributeportfoliohomes.com.
Changes will usually occur because of new features being added to the Service,  changes in the law or where we need to clarify our position on something.
We will try, where possible and reasonable, to contact you to let you know about  any significant changes to any of the documents referred to in the Terms of Service.  We may contact you through the Service (for example by asking you to accept the changes  before you continue to use the Service) or via a separate email.
Normally, we will try to give you some warning before the new terms become effective.  However, sometimes changes will need to be made immediately and  if this happens we will not give you any notice.
Documents that apply to our relationship with you
The current version of the Terms of Service contains the only terms and conditions that apply  to our relationship with you. Older versions of the Terms of Service will no longer apply to our  relationship and will be completely replaced by the current version.
We intend to rely on the Terms of Service as setting out the written terms of our  agreement with you for the provision of the Service. If any part of the Terms of Service  cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
If you do not comply with the Terms of Service and we do not take action immediately,  this does not mean we have given up any right we have and we may still take action in the future.
Severability
If any provision of the Terms of Service is judged to be illegal or unenforceable,  this will not affect the continuation in full force and effect of the remainder of the provisions.
Third Party Rights
Marriott is a third party beneficiary of the Terms of Service, and Marriott has the right  (and will be deemed to have accepted the right) to enforce the Terms of Service against you as  a third party beneficiary thereof.
Other than as set out in the above clause, a person who is not a party to the  Terms of Service may not enforce any of its terms.
Law
English law will apply to all disputes and the interpretation of these Terms of Service.  The English courts will have non-exclusive jurisdiction over any dispute arising from  or related to your use of the Service.
Contact, feedback and complaints
If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at tributeportfoliohomes@hostmaker.com.
We value hearing from our users, and are always interested in learning about ways we  can improve the Service. By providing your feedback you agree that you are giving up  any rights you have in your feedback so that we may use and allow others to use it  without any restriction and without any payment to you.