SHORT TERM STAY AGREEMENT
SHORT TERM STAY AGREEMENT
This Short Term Stay Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date between You (the “Guest”) and Hostie Corp., a Delaware corporation that operates the interactive website available at hostie.com (“Hostie,” or the “Rental Agent”), pursuant to which the Guest has scheduled the occupancy for one or more nights and arranged to make payment to secure (a “Reservation”) the residence described on the advertised listing (the “Property”), for the duration of the Reservation for the Reservation cost and other fees set forth in this Agreement, as well as other good and valuable consideration described herein.
1.OCCUPANCY: The maximum standard occupancies for Reservations, which is included in the rental rate Hostie advertises to Guest, are as follows – Studio, 4 guests; 1 Bedroom, 4 guests; 2 bedrooms, 6 guests; 3 bedrooms, 8 guests; 4 bedrooms, 10 guests; 5 bedrooms, 12 guests. Additional charges of $25 per person, per each night of any Reservation, will apply in addition to the standard occupancy per property type.
2.PAYMENT POLICY: Guest’s payment policy will be shown at the time of booking. 50% of the full payment will be charged at the time of booking and final payment 60 day’s prior to arrival. If the arrival date is within 60 days from the booking the full payment will be charged. Each Guest is required to pay the total Reservation cost which is the sum of the room rates, taxes and fees prior to check in; Guest shall pay all fees set forth in this Agreement in connection with the Reservation to Hostie at the time of making the Reservation.
3.REFUNDABLE SECURITY DEPOSIT: Hostie or Hostie channels may charge Guest’s debit or credit card a refundable security deposit at the time Guest makes a Reservation. If no damages or losses occur during the term of the Guest’s Reservation, Hostie shall return the Gust’s full security deposit to Guest within 72 hours after check out of the Property. Hostie will evaluate the Property for damages, including damaged, destroyed, missing, or stolen items, and determine and whether Hostie must apply any portion of the security deposit charged under this section to compensate such losses or damages, or if it shall be returned in full to Guest. Hostie will advise the Guest if the security deposit will not be released in full, or if only a portion of the security deposit will be returned to Guest, within 48 hours following the Guest’s check out of the Property. Guest understands that in the event of damage, destruction, or theft, Guest’s damages to the Property or items within the Property may exceed the value of the security deposit allowed under this Section, and Guest agrees to be fully liable for the total costs of replacement or repair, to Hostie. Guest shall immediately pay to Hostie, or allow Hostie to charge Guest’s debit or credit card, the amount due under this Section in the event of a loss.
4.STANDARD CHECK IN/ CHECK OUT: Guest may check in the Property at 3:00 p.m. local time. Guest shall check out of the Property by 11:00 a.m. local time.
5.EARLY CHECK IN / LATE CHECK OUT OPTIONS: Subject to availability of the Property, Guests may purchase early check-in for $50, paid to Hostie at any time prior to checking in to the Property, which shall allow Guest to check in to the property by noon local time on the first day of the Reservation. Late check-out can be purchased by Guest by paying Hostie $50, at any time prior to the day of check-out. Once purchased, late check-out will allow a Guest to check out of the Property by 2:00 p.m. local time on the final day of the Reservation.
6.REFUND POLICY: Hostie shall issue a 50% refund of all Reservation costs (and certain fees, as set forth below) until 60 days prior to the scheduled check in date for the Reservation. A Reservation is officially canceled only when the Guest emails firstname.lastname@example.org to cancel the Reservation and Hostie has sent a email confirmation of the cancellation to the Guest. To cancel reservations, Guests should email Hostie with their booking or Reservation number. Cleaning fees and resort fees are always refunded if the guest did not check in. Applicable transient taxes are not refundable and will be retained and remitted at the time of booking. Hostie’s Booking Fee is non-refundable. If there is a complaint from either party, notice must be given to Hostie within 24 hours of check-in. Hostie will mediate when necessary and has the final say in all disputes.
7.CONDITION AND USE OF PROPERTY: The Property the Guest Reserves from Hostie is provided in “as is” condition. Hostie shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. Guest shall not hold Hostie responsible for such items’ failure to work. Hostie will make every effort to correct any issues as reported by Guest as quickly as possible. Guest acknowledges that use of amenities such as hot tubs, pools, spas, fireplaces, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children, and such use is at the Guest’s own risk. Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property, and shall keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
8.BOOKING FEE: Hostie may collect non-refundable 10% booking fee of the total room rate collected (the “Booking Fee”) if the reservation was made directly on hostie.com. This Booking Fee helps us run our platform and offer 24/7 support on your trip. As such, the Booking Fee cannot be refunded or returned to any Guest under any circumstances.
9.RESORT FEES: At some Properties where Hostie offers its services, Hostie may be charge a resort fee of $37 per night and will display on the check-out page at the time Guest makes a Reservation (the “Resort Fee). Hostie shall refund the Resort Fee if the Reservation is cancelled in accordance with the refund policy.
10.CLEANING FEE: Hostie shall collect a Cleaning Fee at the time Guest makes any Reservation. Hostie shall refund the Cleaning Fee if the Reservation is cancelled in accordance with the refund policy.
11.DEFAULT: If Guest breaches, defaults upon, or fails to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings, return all keys, keycards, and other means to accessing the Property to Hostie, and leave the Property in good order and free of damage. Hostie shall not refund any portion of the Reservation costs and any or all fees specified in this Agreement to Guest. If any legal action is necessary, or other dispute arises from or is related to this Agreement, the prevailing party shall be entitled to recovery from the other party for all costs incurred, including its costs and reasonable attorney’s fees.
12.RISK OF LOSS AND INDEMNIFICATION: Guest agrees that all personal property, furnishings, personal affects and other items belonging to Guest or brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss. Hostie shall not be responsible or liable for any reason whatsoever for any such theft, damage, destruction, or other loss of Guest’s personal property, or the personal property Guest brings to the Property. Guest hereby covenants and agrees to indemnify and hold harmless Hostie and its agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, causes of action, declaratory or injunctive relief, administrative proceedings, arbitration, and other actions for any damages (including but not limited to special, general, consequential, incidental, and expressly including punitive or exemplary damages), costs, legal fees, and attorneys’ fees (and to pay them to Hostie as they are incurred and due) caused by any claims arising from or relating to destruction of property, personal injury or bodily injury to persons of any kind, or loss of life, sustained by Guest, or family and visitors of Guest, or any third parties, in or about the Property at the time of Guest’s Reservation. Guest expressly agrees to save and hold Hostie harmless in all such cases.
13.RELEASE: Guest hereby waives and releases any claims against Hostie, the Property’s legal or beneficial owner, and their successors, assigns, employees, agents, or representatives, whether acting officially or otherwise, for any injuries, damages, or loss of any kind, including death, dismemberment, or disability however severe that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
14.ENTRY AND INSPECTION: Hostie reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.
15.UNAVAILABILITY OF PROPERTY: In the event the Property is not available for use during a previously scheduled Reservation due to reasons, events, or circumstances beyond the control of Hostie, then Hostie will apply due diligence and good faith efforts to locate a replacement property that equals the Property with respect to occupancy capacity, location, and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Hostie shall immediately return Guest’s prepaid Reservation Costs, but not the fees collected as specified in the preceding sections of this Agreement, whereupon this Agreement shall be terminated and Guest and Hostie shall have no further obligations or liabilities in any manner pertaining to this Agreement.
16.ADDITIONAL TERMS TO THE RENTAL AGREEMENT: In addition to the standard terms included herein, Guest acknowledges and agrees that there may be additional terms and conditions that apply to the Guest’s rental of the Property, which Hostie shall supply to Guest upon making any Reservation, or Hostie may supply to Guest upon Guest’s earlier request.
17.GENERAL PROVISIONS: This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and Hostie. This Agreement shall be governed by the laws of Nevada without regard to its conflicts-of-laws provisions. Clark County, Nevada shall be the sole and exclusive venue for any and all disputes arising from or related to this Agreement by Guest and Hostie, with each party waiving any and all objections on the grounds of personal jurisdiction and venue, including the doctrine of forum non convenience. EACH PARTY AGREES TO ARBITRATION BEFORE JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”) AS THE SOLE AND EXCLUSIVE FORUM FOR RESOLUTION OF DISPUTES UNDER THIS AGREEMENT; THE PARTIES KNOWINGLY AND WILLFULLY WAIVE THEIR RIGHT TO JURY TRIAL AND AGREE TO ARBITRATION AS THE SOLE AND EXCLUSIVE MEANS TO RESOLVE DISPUTES, AND FURTHER WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION AGAINST THE OTHER PARTY AS A CONDITION OF ENTERING THIS AGREEMENT. The words “Rental Agent” and “Guest” shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid by an arbitrator or other legal authority of competent jurisdiction, it shall be deemed severed from the Agreement, and the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. Both parties have had the opportunity to negotiate or participate in the negotiation of this Agreement, and thus its terms shall not be construed for or against any one of the parties hereto. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature. Nothing within this Agreement shall make Guest and Hostie joint venturers, partners, or anything other than contractors with one another, and shall not operate to create any other employment or agency relationship between Guest and Hostie. All dollar amounts and funds set forth in this Agreement shall be in United States Dollars.