Guest Rules and Services Agreement
LAST MODIFIED: AUGUST 1, 2015
This Agreement is entered into between you (the “Guest”, “you” or “your”) and Short Term Rental Pros LLC., a Delaware Limited Liability Corporation (“Short Term Rental Pros”, “we”, “us” or “our”). This Agreement sets forth certain rules that you must follow in connection with your booking of an Accommodation from a Host (a “Booking”).This Agreement also sets forth certain services that we may provide you in connection with your booking of an Accommodation from a Host.
You acknowledge and agree that by using Short Term Rental Pros in connection with your Booking and accepting the terms hereof, you have read, understand and agree to comply with and be bound by the Short Term Rental Pros’s Terms of Service (the “Terms”), as published from time to time at www.shorttermrentalpros.net, into which this Agreement is incorporated. Capitalized terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.
Guests acknowledge and agree that the Host and Third Party Platform may require you to accept or otherwise agree to terms of service and other agreements in connection with your Booking. In addition to those agreements, Guests must comply with our Guest Rules in connection with a Booking. If there is conflict or discrepancy between any agreement with the Host or a Third Party Platform and these Guest Rules, the Guest Rules will supersede to the extent of such conflict or discrepancy.
You agree to comply with all applicable laws and regulations, and that you will not breach any agreements you have entered into with any third parties, such as Hosts and Third Party Platforms.
You have received a Booking Summary as a result of your Booking of an Accommodation from a Host that uses the Site. The Host is also subject to the Host Services Agreement, which is part of the Terms.
1. You and the Host have separately entered into an agreement, under which the Host has issued you a license to occupy the Accommodation during the agreed period (“Booking Period”) set out in the Booking Summary. YOU HAVE NOT ENTERED INTO A LEASE. THE LICENSE DOES NOT CONVEY ANY PROPERTY RIGHTS OR INTEREST IN REAL ESTATE AND YOU ARE NOT A TENANT OF THE ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE ACCOMMODATION. This means that you have no right to stay in the Accommodation or to otherwise use or occupy all or any part of such Accommodation after the term set forth in your Booking Summary and have no rights to renewal or recurring usage.
2. Short Term Rental Pros is not an agent of either the Host or the Guest.
3. You cannot make any changes to the Accommodation nor can you move or remove any furnishings or other items in or on the Accommodation.
4. You agree to abide by any rules and restrictions placed on the Accommodation by the Host or Short Term Rental Pros (“House Rules”), which may be modified or supplemented at any time in accordance with this Agreement and the Terms. By refraining from terminating this Agreement and your Booking after modification, Guest agrees to be bound by any such rules and restrictions.
5. The Booking Summary and House Rules may set forth certain restrictions, including without limitation the maximum number of occupants allowed during your use of the Accommodation, any areas of the Accommodation or items in or on the Accommodation that have been designated “no access” , noise restrictions, or limitations on pets, smoking or other activities at, on or from the Accommodation. Your license to occupy the Accommodation will be subject to immediate termination if you or any parties that occupy the Accommodation during the term of your stay violate any terms of this Agreement, the Guest Rules or any other agreement between you and the Host or Short Term Rental Pros.
Booking and Cancellation
1. The Booking Summary which you have accepted is not a booking confirmation. The Accommodation will be booked for the Booking Period set forth in the Booking Summary upon your receipt of a confirmation of Booking (“Confirmation of Booking”). The Host is not obliged to make the Accommodation available until such time as the Confirmation of Booking has been sent to you by email.
2. Unless otherwise specified in the Confirmation of Booking the following cancellation policy will apply. If you cancel a booking within 24 hours of your receipt of a Confirmation of Booking, provided you book more than seven days prior to your stay, then you are entitled to a full refund. If you cancel a booking more than 14 days prior to commencement of the Booking Period then you will be responsible for 50% of the full accommodation fees as set out in the Confirmation of Booking (“Accommodation Fees”) for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking.
3. If you cancel a booking 14 days or less prior to the commencement of the Booking Period then you will be responsible for the full Accommodation Fees for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking.
4. Host is not entitled to cancel a booking once a Confirmation of Booking has been sent. However there may be circumstances beyond the reasonable control of Host or emergency situations in which the Accommodation is unavailable for all or part of a Booking Period. In those circumstances you may contact Short Term Rental Pros to see if they can assist, however Host is solely responsible for arranging for suitable alternative accommodations during the Booking Period (which will, if possible, be of comparable quality and character and may be a 4 star hotel within 2 miles of the location of the Accommodation). In the event Short Term Rental Pros is unable to assist in finding suitable alternative accommodations during the Booking Period, Short Term Rental Pros will assist you obtaining a full refund. Short Term Rental Pros shall have no responsibility or liability as a result of a cancellation of a booking.
5. It is a condition of your Booking that all of the House Rules are complied with in full by both parties. Any failure by either you or Host to comply with the House Rules including any failure to allow Short Term Rental Pros to supply services will permit the other party to terminate your Booking and this Agreement without liability (and without prejudice to any other rights and remedies pursuant to this Agreement).
6. In the event that the Accommodation becomes unavailable for the whole or any part of the Booking Period and you do not accept a suitable alternative accommodation which is offered to you, then you are entitled to cancel the Booking, and the pre-payment will be refunded to you, but neither the Host nor Short Term Rental Pros will be liable to you for any further amounts in respect of the cancellation of the Booking.
Fees and Charges
1. You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction or offset. You also agree to pay the cost of any damage to the Accommodation or its contents and to pay any fees, costs and expenses incurred by the Host or Short Term Rental Pros as a result of your failure to vacate the Accommodation on a timely basis at the end of your Booking Period, including, without limitation, as a result of loss of a subsequent booking for the Accommodation for the period following your Booking Period.
2. The Accommodation Fees set out in the Confirmation of Booking will include the fees payable with respect to the Accommodation only and all taxes payable with respect thereto. No additional concierge or other services which you book through Short Term Rental Pros are included.
3. By accepting these terms you agree to pay the Accommodation Fees in full and the Host or Third Party Platform will collect such amount as set forth in the Booking Summary by charging your provided credit or debit card. You acknowledge and agree that the Host may authorize Short Term Rental Pros to collect and remit Accommodation Fees and other fees and charges paid by you in connection with your stay at an Accommodation. Short Term Rental Pros may also charge you fees for certain services provided by Short Term Rental Pros as agreed by you under this Agreement.
4. Your prepayment will be collected and paid as set forth above under Booking and Cancellation. On commencement of the Booking Period, the remainder of the Accommodation Fees (if any) will be taken by check-in staff provided by Short Term Rental Pros or will be automatically charged to your credit or debit card. If you fail to check-in to an Accommodation on the date of commencement of your booking, then for the avoidance of doubt you will be responsible for payment of the entire Accommodation Fees for the booking (and all taxes due with respect thereto) and you will be charged such sums to the credit or debit card which you supplied when making the Booking.
5. In addition to the fees and charges for the Accommodation, all applicable governmental authorities all taxes applicable to your purchase of the Booking from the Host and use and occupancy of the Accommodation may be collected and remitted. Short Term Rental Pros is not responsible for any taxes as a result of any Accommodation.
Credit Card Authorization
When you commence your stay at the Accommodation, you will have to provide a pre-authorize amount from a credit or debit card account supplied by you (which may be different from the card/account you supplied when booking) and the Host will be entitled to make charges against this credit or debit card in the event of any damage to the Accommodation or its contents, or in the event of late check-out or overstaying.
Check-In / Check-Out
The check-in and check-out time at the Accommodation is as stated in the Booking Summary. Unless your Host has agreed to a late check-out as part of your Booking Summary or has expressly agreed in writing to an extension or a further period of occupancy which has been confirmed by a subsequent Confirmation of Booking, then you will be responsible for a full day’s Accommodation Fee for any overstaying past the check-out time on the day of your departure. If you overstay by more than 2 hours then Host reserves the right to enter, or cause Short Term Rental Pros or other authorized agent to enter, the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary or appropriate (and you will be charged for the costs of any such action which will be charged against the debit or credit card account that you provided at check-in). In addition, you will be responsible for an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that you overstay, as well as any other damages, fees, costs or expenses incurred by the Host or Short Term Rental Pros, including without limitation, as a result of loss of a subsequent booking for the Accommodation or finding alternative accommodations for any subsequent guest who had a booking for the Accommodation for all or any part of the time that you overstayed.
Safety and Conduct
1. You have primary responsibility for your own safety and for the safety of anyone that you allow on to the Accommodation during your stay. You must read any fire or health & safety guidance which is provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the Accommodation to the attention of the Short Term Rental Pros and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.
2. If you become aware of anything during your stay which you believe is a health & safety risk,you must inform Short Term Rental Pros immediately. Your Host and Short Term Rental Pros will have access to the Accommodation at all times during your stay to address any such issues.
3. You must comply with the Terms, this Agreement and you must also comply with any building regulations and House Rules and any reasonable directions of the Host or Short Term Rental Pros.
4. You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time, except such number of additional guests as may be specified in the Booking Summary. This agreement is personal to you and may not be transferred to any other person. The Host will not allow any person other than the persons named in the Booking Summary to access or occupy the Accommodation.
5. The Booking Summary may specify the maximum permitted number of guests who are authorized to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation, you will be liable to pay a supplement of up to 100% of your effective daily rate in respect of each unauthorized guest and the booking may be terminated immediately.
6. In addition to complying with the Terms, this Agreement and the House Rules and all reasonable directions you also agree that you will:
1. keep the Accommodation clean, tidy and clear of trash and leave the Accommodation in the same condition as you find it;
2. not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us and specified as pet-friendly in the Booking Summary);
3. not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach (in whole or in part) of any insurance in effect with respect of the Accommodation from time to time;
4. if the Accommodation is part of a building or complex with common areas, not obstruct or leave any objects or waste in any common areas;
5. not leave any obstruction outside of the Accommodation;
6. not do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighboring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;
7. not conduct any illegal activity from the Accommodation;
8. not conduct any business or commercial activity whatsoever from the Accommodation;
9. not make any alteration or addition whatsoever to the Accommodation or its contents;
10. not use the Accommodation for any purpose other than for personal accommodation; and
11. not invade the privacy of the Host or publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Host or any personal information regarding the Host or the Accommodation (even if such information is already in the public domain).
2. You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which have been sealed with tamper tape. You may be subject to a charge for any breach of any tamper tape.
3. You hereby indemnify the Host and Short Term Rental Pros in respect of any and all costs, claims, damages, liabilities, and expenses, including, without limitation, reasonable attorneys’ fees and costs) suffered or incurred by the Host or any of the foregoing parties arising out of or relating to a breach by you of this Agreement, including, without limitation this paragraph. In the event of breach, your membership in Short Term Rental Pros may be terminated in accordance with the Terms and this Agreement.
1. A written or video inventory will have been taken prior to the commencement of your stay. You must notify Short Term Rental Pros of any damage to the Accommodation, contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.
2. If you do not notify your Short Term Rental Pros of any such damage you will be fully responsible for such damage on a full replacement cost basis.
3. If you do declare any damage, then you are responsible for full replacement cost, but the first US$8 per night of such damage will not be charged to you.
4. You have authorized Short Term Rental Pros to charge any property damage for which you are responsible to the credit or debit card account supplied by you. Any charges for property damage will be charged to such credit or debit card account which you have supplied. You acknowledge that pursuant to the provisions of this Agreement relating to Credit Card Authorization above, Short Term Rental Pros has obtained a pre-authorization for such charges as noted above.
Liability and Claims
1. Any claims made by you under this agreement must be made initially through Short Term Rental Pros and in accordance with the Terms. If you notify Short Term Rental Pros within 14 days after making such a claim through Short Term Rental Pros that, in your opinion, the dispute has not been satisfactorily resolved, then Short Term Rental Pros is authorized to provide you with the Host’s details so that you may thereafter pursue the claim directly with the Host.
2. The Host will not have any liability for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement, the Accommodation or the booking (whether such loss arises as a result of negligence, breach of contract, tort or otherwise by the Host or any agent or third party providing services on behalf of the Host). The limitation of liability in favor of Short Term Rental Pros in the Terms applies hereto.
3. Subject to any exceptions set forth in applicable law, the Host’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the cost of obtaining a replacement accommodation for the agreed Booking Period or the amount of the Accommodation Fees and charges payable by you, whichever is the higher amount. The Accommodation is a private residence and Hosts are not responsible for any accidents, injuries or illness that occurs on the Accommodation or for any loss of personal belongings or valuables of the Guest. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.
4. Nothing in this clause limits or excludes the liability of the Host for death or personal injury arising as a result of their gross negligence or willful misconduct or the gross negligence of willful misconduct of the Host, Short Term Rental Pros and their respective agents or employees.
5. You agree to indemnify and hold Host and Short Term Rental Pros harmless from any and all liability, claims,loss, property damage or expenses arising by reason of any injury, death or damages sustained by any person, or to the property of any person, including you or the Host or any visitors or invitees whom you permit to enter the Accommodation or the premises of which the Accommodation is a part, where such injury death or damage is caused by your negligent or intentional act or omission, or by any such visitors or invitees.
6. If Host or Short Term Rental Pros is required to engage any attorney to enforce the conditions of this Agreement, the Terms or the House Rules, to collect any amounts due, to remove you or your belongings from the Accommodation, Guest shall be responsible for all reasonable attorneys’ fees and costs incurred in connection with the foregoing,
1. You agree that you have the power to enter into this agreement.
2. You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to the Host against any amounts that that may be owed to you.
3. The Host will be entitled to assign or sub-contract their obligations under this Agreement.
4. The Host will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest or similar occurrences.
5. This Agreement represents the entire agreement between the parties hereto and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise.
6. The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
7. These conditions are governed by and construed in accordance with the laws of the State of Delaware. You agree to submit to the exclusive jurisdiction of the courts of the state of Delaware and the federal courts situated in the State of Delaware for all disputes between Host and Guest arising out of this Agreement or the Accommodation.
8. If you breach these terms and conditions and the Host decides to take no action or fails to take action on a timely basis, the foregoing shall not be deemed a waiver by the Host of the Host’s rights hereunder and the Host will still be entitled to take action and enforce their rights and remedies for any other breach.
9. Short Term Rental Pros is a third party beneficiary of this Agreement and may rely upon this Agreement and enforce this Agreement to the extent necessary to enforce their respective rights and perform their respective obligations under the Terms and any agreements between the Guest and such parties.