Terms of use

Welcome to Voya.ge. This Agreement is made between the person who accesses this website and its associated websites (hereinafter referred to as “you” or “user”), and Voya.ge, a corporation organized and existing under the laws of the province of Quebec, Canada, with its principal office located at 10 Rue du Parc, Sain-Ferreol-Les-Neiges, Quebec, Canada (hereinafter referred to as “Voya.ge”). Please read this Agreement carefully and make a copy of for your records. By accessing, registering with and/or using the Voya.ge website, currently located at http://voya.ge and http://voyage-rentals.com (the “Site”) and using any of the services provided by Voya.ge (the “Services”), you agree to be bound by these Terms of Use and Voya.ge’s Privacy Policy (collectively, the “Agreement”) for as long as you continue to use the Site or the Services. If you do not agree to be bound by the terms and conditions of this Agreement, do not use the Site or the Services of Voya.ge.

  1. Voya.ge Site and Services. The Site and Services provided by Voya.ge are limited to providing a venue for homeowners and property managers (“Owners”) to offer vacation rental properties to potential renters (“Travelers”). Voya.ge is not a party to any rental transactions facilitated by the Site and does not (i) own or manage any vacation rental property listed on the Site; (ii) guarantee a transaction of any kind; (iii) verify the accuracy of advertisements; (iv) verify the credentials of Site users; or (v) assume responsibility for the actions of users of the Site and/or Services. Users are solely responsible for any and all transactions and agreements facilitated by this Site.

  2. Eligibility and use of the Site. You must be at least eighteen (18) years old and able to form legal binding contracts in order to use the Site and to register for the Services of Voya.ge. As a user of the Site, you agree to use the Site and its functionality only for the purposes of advertising and/or researching vacation rentals, making legitimate inquiries to Site users, or any other use expressly authorized on the Site. Your account is for your personal use. You may not authorize others to use your account, nor transfer your account to any other person or entity. You acknowledge that Voya.ge is not responsible for third party access to your account resulting from theft or misappropriation of your user name and/or passwords. Voya.ge may suspend or cancel your listing at any time, without notice to you or receiving notice from you, if Voya.ge suspects, in its sole discretion, that your password is being used in an unauthorized or fraudulent manner.

  3. Representations. Each Owner using the Site represents and covenants that (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property it lists, (ii) it will accurately describe the subject rental property and will not fail to disclose a material defect in, or material information about, a rental property, and (iii) it will not wrongfully deny access to the listed property. Upon request from Voya.ge, each Owner will promptly provide to Voya.ge proof of (i) personal identification, (ii) accuracy of the description of the condition, location, or amenities associated with the property in the listing, (iii) ownership of the property, and/or (iv) authority to list the property.

  4. Posting and communication restrictions. Postings will follow the terms of this Agreement. You will not provide inaccurate, misleading or false information to Voya.ge or to any other user. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Site and/or post, transmit, publish, or otherwise make available through use of the Services (the “Content”); and (ii) your interactions with other users through use of the Services. If information provided to Voya.ge or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Voya.ge of such change. In addition to the foregoing, you will not post on the Site, transmit to other users, and communicate any Content (or links thereto), or otherwise engage in any activity on the Site or through the Site, that:
    • A. Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site; is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, or otherwise objectionable; or is off topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
    • B. Plagiarizes or contains others’ copyrighted content or other intellectual property without permission from the owner; contains video, audio photographs or images of any person without his or her permission (or in the case of a minor, the minor’s legal guardian); or impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
    • C. Promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, commit identity theft or create or disseminate computer viruses; or solicits gambling or engages in any gambling or similar activity;
    • D. Collects, solicits or disseminates another person’s personal information without his or her permission or for commercial or unlawful purposes; or collects, solicits or disseminates personal information about anyone under the age of 18; or
    • E. Contains viruses, spyware, worms, corrupted files, Trojan horses, malicious code or other software, programs or devices that may harm the operation of, or otherwise gain unauthorized access to, another’s computer; uses scripts or other automated technology to access the Site; uses the Site for chain letters, junk mail or spam e-mails, or in any way in connection with spamming, phishing or similar activities; or uses or accesses the Site in any way that, in Voya.ge’s sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by Voya.ge or the Site.

  5. No advertising or commercial solicitation. You will not advertise or solicit any user to buy or sell any products through the Site or the Services, other than the posting of your property for rental in accordance with the terms of this Agreement. Furthermore, you will not use any information obtained from the Site in order to contact, advertise to, solicit or sell to any user without their prior explicit consent, or for any other commercial use. Data mining of information from the Site, or otherwise collecting or storing personal information about other users, is prohibited.

  6. Content monitoring, editing or removal. Voya.ge reserves the right (without obligation) to (i) monitor the Content you submit to or post on the Site, (ii) to edit your Content in a non-substantive manner to cause the Content to comply with content or formatting requirements, and/or (iii) to remove, without notice, any such Content that in its sole opinion violates, or may violate, any applicable law or this Agreement, or upon the request of any third party.

  7. Ownership of proprietary information. You hereby acknowledge and agree that Voya.ge owns and retains all proprietary rights in the Site and the Services.
    • A. License to use Site. Voya.ge hereby grants you a limited, revocable, non-exclusive license to access the Site, content and Services provided on the Site in accordance with this Agreement. Any use of the Site that is not in accordance with this Agreement is expressly prohibited, except as otherwise authorized by Voya.ge in writing.
    • B. Copyright. The Site and all content on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Other registered users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any third party proprietary information available via the Site.
    • C. Prohibited uses. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, reverse engineer, distribute, sell, license, make commercial use of, or reproduce in any way any portion or aspect of the Site or any copyrighted material, trademarks, or other proprietary information accessible via the Site, without first obtaining Voya.ge’s prior written consent.
    • D. License to user-contributed Content. By posting Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Voya.ge an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such Content, and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sub-licenses of the foregoing. Furthermore, you agree that Voya.ge may reproduce in whole or in part any photographic material supplied by you in the promotion of either your property or the Site on third-party websites (including, but not limited to, Facebook, Google+, YouTube and AdWords), in articles written by third parties about Voya.ge, and/or any other forums at Voya.ge’s sole discretion.
    • E. Feedback. If you choose to submit any ideas, original creative artwork, suggestions or other works in any form to Voya.ge, notwithstanding anything you say, write or provide to the contrary in connection with your submission, you agree that: (i) Voya.ge is not obligated to review any such submission; (ii) your submission and its contents will automatically become the property of Voya.ge, without any compensation to you; (iii) Voya.ge may use or redistribute any such submission and its contents for any purpose and in any way; and (iv) Voya.ge is not obligated to keep any submission confidential. You may send feedback by email to Vincent@voya.ge , or you may share it on the Voya.ge Forum .
    • F. Voya.ge logos. You may not refer to Voya.ge in any way that might cause someone to believe that your company or website is sponsored by, affiliated with, or endorsed by Voya.ge, nor use the Voya.ge name on any other website that lists vacation rentals, without Voya.ge’s prior written authorization. You may email Voya.ge at admin@voya.ge to request permission to use Voya.ge’s name and/or logo.

  8. Substitution of properties. Each advertisement must relate to an individual and uniquely identified property. The property in an advertisement may not be substituted for another property. The listing cannot be a mere example of properties in a given area. Only one property can appear on each advertisement.

  9. Legal and tax requirements. Owners are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to any rental property they list on the Site. Voya.ge assumes no responsibility for Owners’ compliance. Voya.ge may become legally obligated (as determined in Voya.ge’s sole discretion) to provide information about an Owner’s listing in order to comply with governmental investigations, litigation or administrative proceedings, and Voya.ge may choose to comply with or disregard such obligation in its sole discretion. Voya.ge does not withhold any amount for any applicable tax obligation you may have in connection with rental transactions (except when you purchase a product or Service from Voya.ge). You agree that any such withholding or other tax obligation relating to any purchase from Voya.ge is your sole responsibility.

  10. Listing rates and subsequent listings. Listing rates are set at the time of purchase. Any subsequent listings or additional/new orders of products and/or services will be governed by the rates in effect at the time of such order. Voya.ge reserves the right to offer additional products, services or features for purchase at any time.

  11. Communication and privacy. Voya.ge has established a Privacy Policy to explain the collection and use of information and materials provided by you. By using the Site or the Services, you are consenting to the terms of such Privacy Policy. Please refer to the Privacy Policy to review your options. You acknowledge and agree that, regardless of such your physical location, Voya.ge may store and process any data you transmit to the Site at locations both within and outside of the United States. You acknowledge and agree that Voya.ge may disclose information you provide if required to do so by law, at the request of a third party, or if Voya.ge, in its sole discretion, believes that disclosure is reasonable or necessary to (i) comply with the law, requests or orders from law enforcement, or any other legal process (whether or not such disclosure is required by an applicable law); (ii) protect or defend the rights of Voya.ge or a third party’s rights or property; or (iii) protect the health or safety of any person (including but not limited to Site users).

  12. Links to third-party websites. The Site may contain links to websites of third-parties which are not under the control of Voya.ge, and Voya.ge is not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. Voya.ge provides these links to you only as a convenience, and the inclusion of any link does not imply that Voya.ge endorses or accepts any responsibility for the content on such third-party website. Your use of such websites and resources will not be governed by this Agreement. Voya.ge may remove web addresses or hypertext links to other websites from any user-contributed Content.

  13. Disclaimer of warranty. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. VOYA.GE PROVIDES THE SERVICES ON AN AS IS BASIS AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN) INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT. VOYA.GE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR FREE OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VOYA.GE DISCLAIMS ANY LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS TO VOYA.GE AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND VOYA.GE OTHER THAN PURSUANT TO THIS AGREEMENT.
    You assume all risk when using the Site and the Services, including but not limited to any information obtained therefrom. Opinions, advice, statements, offers or other information made available through the Site, but not directly by Voya.ge, are those of their respective authors, and should not necessarily be relied upon. All property listings on the Site are user-contributed Content and the sole responsibility of the contributor. Travelers are solely responsible for verifying the accuracy of such descriptions and representations. YOU ACKNOWLEDGE AND AGREE THAT VOYA.GE IS NOT A PARTY TO, AND HAS NO CONTROL OVER, ANY RENTAL TRANSACTION AND DOES NOT: (I) REPRESENT, WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN VOYA.GE, OR THE SAFETY OF ANY TRANSACTION OR RENTAL PROPERTY. VOYA.GE ASSUMES NO LIABILITY OR RESPONSIBILITY TO INFORM USERS OF UNAUTHORIZED OR FRAUDULENT PAYMENT TRANSACTIONS, OR TO ASSIST USERS IN AVOIDING SUCH TRANSACTIONS. UNDER NO CIRCUMSTANCES WILL VOYA.GE BE RESPONSIBLE FOR ANY BREACH OF CONTRACT ON THE PART OF ANOTHER USER, OR ANY LOSS OR DAMAGE RESULTING FROM RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE.

  14. Limitation of liability; incidental damages and aggregate liability. IN NO EVENT WILL VOYA.GE, OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, BE LIABLE FOR ANY LOST PROFITS OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO (I) THE USE OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF VOYA.GE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) CONDUCT BY YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS AND/OR ANY OTHER CLAIMS OF LOSSES OR DAMAGES RESULTING FROM INTERACTIONS WITH OTHER USERS OF THE SERVICES; (III) CONDUCT OF USERS THAT REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU; (IV) THIS AGREEMENT; AND/OR (V) ANY BREACH OF THIS AGREEMENT BY YOU OR A THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (I) BREACH OF CONTRACT, (II) BREACH OF WARRANTY, (III) STRICT LIABILITY, (IV) TORT, (V) NEGLIGENCE, OR (VI) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST VOYA.GE IS TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF VOYA.GE EXCEED THE GREATER OF (I) THE PRICE PAID BY YOU FOR THE SERVICES, OR (II) THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) OR ITS EQUIVALENT.

  15. Release. In the event that you have a dispute with one or more other users of the Site (including, without limitation, any dispute between users regarding any transaction or user-contributed Content), you hereby agree to release, remise and forever discharge each member of Voya.ge, each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Site. If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

  16. Indemnification. You hereby agree to indemnify, defend and hold harmless Voya.ge, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your use of or inability to use the Site or Services; (ii) any user postings made, Content provided or misrepresentation made by you; (iii) your violation (or violation by anyone using your computer or Voya.ge account) of any terms of this Agreement or your violation of any rights of a third party; (iv) any claims for injury or damage to person or property arising from a property you own; (v) any claims for injury or damage to person or property arising from a property transaction to which you are a party; or (vi) your violation of any applicable laws, rules or regulations. Voya.ge reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Voya.ge in asserting any available defenses, and you shall not in any event settle any matter without Voya.ge’s prior written consent.

  17. Term and termination. This Agreement will become effective upon your acceptance of the Agreement or by your use of the Site or the Services, and said Agreement and will remain in effect in perpetuity unless terminated hereunder. Voya.ge reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. Voya.ge also reserves the right to remove your account information or data from the Site and any other records at any time at Voya.ge’s sole discretion. In the event your access to any of the Services is suspended or terminated due to the breach of this Agreement, you agree that all fees then paid to Voya.ge by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may cancel your registration at any time by either (i) deleting all listing(s) within in your account (in which case such listing(s) will terminate at the time you delete them), or (ii) emailing your cancellation request to Voya.ge at admin@voya.ge . Please allow 2 days for Voya.ge to fulfill your email request for deletion. In either case, you will not receive any refund for any unused days of such listing period. All listings are sold to run the full term that is chosen by the Owner. No refunds are available. Following termination, Voya.ge reserves the right to send a notice thereof to other users which whom you have corresponded.

  18. Controlling law and jurisdiction. You agree that the law of the province of Quebec, Canada will govern this Agreement and that any dispute arising out of or relating to this Agreement will be subject to the exclusive jurisdiction and venue of the superior courts in the judicial district of Quebec, Canada without regard to conflict of laws principles. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the incident upon which the claim or cause of action is based first occurred. You acknowledge and agree that any violation of this Agreement may cause Voya.ge irreparable harm, and therefore agree that Voya.ge will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Voya.ge may have for a breach of this Agreement.

  19. No waiver. Voya.ge is not obligated to take action against breaches of this Agreement. Voya.ge’s failure to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. Any action or inaction by Voya.ge in response to any breach of this Agreement does not limit Voya.ge’s rights with respect to actions it may take in response to any other similar or different type of breach.

  20. No agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by this Agreement or your use of the Site.

  21. Notices. Except as explicitly stated otherwise, any notices to Voya.ge shall be given by email to admin@voya.ge or by postal mail to: 10 rue du Parc, St-Ferreol-les-Neiges, Quebec, Canada, G0A 3R0. Voya.ge will send notices to you at the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or twenty-four (24) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Voya.ge may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing to a physical address and one day after sending to an electronic address. Should you become aware or suspect any violation of this Agreement by others, please report such violation to Voya.ge by sending an email to admin@voya.ge .

  22. Changes to the Site or this Agreement. Voya.ge may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content, impose limits on certain features or services, or restrict your access to parts or all of the Site without notice or liability. This version of the Agreement became effective on January 1, 2012 and amends the version effective prior to such date. This Agreement is subject to change by Voya.ge in its sole discretion at any time with or without notice to you and/or your consent. Such changes will be effective immediately. If you disagree with any amendment to this Agreement, then your sole remedy is to discontinue your use of the Site. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Voya.ge may, in its sole discretion, assign this Agreement. You must obtain Voya.ge’s prior written consent to assign this Agreement, which consent may be granted or withheld by Voya.ge in its sole discretion.

  23. Liquidated damages. If you send or post unsolicited bulk mail, “Spam” or other unsolicited communications of any kind through the Site, or otherwise breach the terms of Section 3 (“No advertising or commercial solicitation”), you hereby agree to pay Voya.ge a minimum of five hundred U.S. dollars ($500) for each such solicitation or communication.

  24. Entire Agreement, headings and severability. This Agreement constitutes the entire agreement between Voya.ge and you with respect to the matters set forth herein, and supersedes any prior agreement between Voya.ge and you with respect to your use of the Site. Headings in this Agreement are for reference only and do not limit the scope or extent of such section. If any portion of this Agreement is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement shall remain in full force and effect. Further, any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.