BOOKSTAYHOP™ TERMS OF SERVICE AGREEMENT
Please read these Terms of Service carefully as they contain important information about your legal rights, obligations, and remedies.
Effective October 24, 2018
ACCEPTANCE OF TERMS
Welcome and thank you for visiting www.bookstayhop.com (the “Site”). We, BookStayHop, LLC d/b/a bookStayHop™ (the “Company”) have deployed the Site platform to provide you efficient and effective delivery of vacation property information, and reservation services. The information, reservation services, and any additional services you may receive on the Site and during your stay at a listed property are provided to you in accordance with the terms and conditions (the “Terms”) of this Terms of Service Agreement (the “Agreement”). Please note that all reservations you make, whether made utilizing our online booking process or made directly with our office staff (the “Company Agents”), are subject to certain “Booking Conditions” specified below in this Agreement.
By accessing or using this Site, you acknowledge your acceptance of the Terms. If you do not accept the Terms, you should not access, browse or use the Site.
Company reserves the right to change or add to any portion of this Agreement at any time, which change, or addition shall be effective immediately upon posting of the updated Agreement to this Site, without additional notice. Any use of the Site after such date shall constitute your acceptance of such updated Agreement. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Site.
USAGE OF SITE AND INTELLECTUAL PROPERTY
You may use this Site for personal, non-commercial, lawful purposes only. The Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, software, text, graphics and images, listed property photographs and descriptions (collectively, the “Content”). Company may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is protected by United States and foreign jurisdiction intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, or other laws. You have no rights in the Content. No copying, redistribution, retransmission, publication or commercial or non-commercial use of the Content will be permitted without first obtaining Company’s expressed written permission. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.
For clarity, there is no prohibition against you (i) maintaining hyperlinks on your own website(s) that lead visitors to a page on the Site; or (ii) following specific instructions on a given page of the Site regarding how to use a piece of the Content on your own website(s), e.g. an infographic.
The trademarks, service marks, and logos of Company (the “Company Trademarks”) used and displayed on this Site are registered or unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Site may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Company Trademarks, (the “Trademarks”). Nothing on this Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on this Site without the prior written consent of Company specific for each such use. The Trademarks may not be used to disparage Company or the applicable third party, or their respective products or services, or in any manner that may damage any goodwill in the Trademarks. All goodwill generated from the use of any of the Company Trademarks shall solely be for Company’s benefit and valuation.
RESTRICTIONS ON SITE USE
You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, or (d) delete or alter any material posted on the Site by Company or any other person or entity.
LINKS TO EXTERNAL WEBSITES
COMPANY SERVICES AND HOST SERVICES
Company Services may include, without limitation, the offering of vacation or other properties for use (“Accommodations”), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), services or recommendations you request (“Requested Services”) and a variety of other travel and non-travel related services.
Host Services are those services you may receive from the owner or manager of an Accommodation including, without limitation, Experiences, Events, and Requested Services.
LIMITED USE OF ACCOMMODATIONS
You understand and agree that a confirmed reservation for an Accommodation is a limited license granted to you by the Host to enter, occupy, and use the accommodation for the duration of your stay, during which time the Host and Company retain the right to enter the Accommodation to prevent a Prohibited Use (described below), to respond to your request or as otherwise permitted under this Agreement or applicable law.
DAMAGE TO ACCOMMODATIONS
You are responsible for leaving the Accommodation in the condition it was in when you arrived. You are responsible for your own acts and omission and are also responsible for the acts and omission of any individuals whom you invite to, or otherwise provide access to, the Accommodation.
If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim”), the Host can seek payment from you through any legal means. If a Host escalates a Damage Claim to Company, you will be given an opportunity to respond. If you agree to pay the Host, or Company determines in its sole discretion that you are responsible for the Damage Claim, you agree and authorize Company to collect any such sums from you required to cover the Damage Claim.
Reservation Process and Fees
Accommodation reservations for a property listing can be made by following the booking process on the Company’s online reservation platform; or as required by Company Agents, in the event you place a reservation in person or over the phone.
All applicable fees, including security deposits (if applicable), cleaning fees, guest fees, and any applicable taxes or other assessments (the “Total Fees”) will be presented to you prior to finalizing your reservation. Additionally, you may be charged Overstay Fees and Additional Fees under the circumstances described below. You agree to pay the Total Fees and all applicable Overstay Fees and Additional Fees for every Accommodation reservation request.
Upon receipt of your reservation confirmation, a legally binding agreement is formed between you and Company. This agreement is subject to these Terms and any additional terms and conditions that Company may apply including, without limitation, any rules and restrictions as specified by the Accommodation listing.
If you are booking on behalf of additional guests, you are obligated and take responsibility for ensuring that every additional guest meets the requirements set by Company and that each such guest will be made aware of and agree to these terms, conditions, rules, and restrictions set by Company.
In the unlikely event that the accommodation booked becomes unavailable for any reason, Company will make good faith efforts to substitute a comparable accommodation acceptable to you or provide you a full refund.
You agree to leave the Accommodation no later than the checkout time that the Company specifies in the listing or such other time as mutually agreed upon between you and Company. If you stay past the agreed upon checkout time without consent, you no longer have a license to stay in the Accommodation and the Host is entitled to ask you to vacate in a manner consistent with applicable law. In addition, you agree to pay for each 24-hour period (or any portion thereof) that you overstay (i) an additional nightly fee in the amount originally paid by you to cover the inconvenience suffered by the Host; plus (ii) all applicable guest fees, taxes, and any legal expense incurred by the Host to make you leave (“Overstay Fees”). If you overstay at an accommodation, you authorize Company to charge you and to collect the Overstay Fees.
You agree to pay for the following (“Additional Fees”):
- Requested Services (e.g. booking an event, retrieving and delivering articles left behind, recommending a babysitter) that are provided by Company Agent. The Company Agent is under no obligation to provide such services nor is Company Agent responsible, in any way, for the delivery of such services; but if provided, you agree to pay Company at the rate or in the amount as agreed to by you and Company Agent;
- Additional cleaning, repair, and set-up fees incurred by Host or Company for damages resulting from your accidental, negligent, or intentional misuse of the Accommodation (e.g. leaving behind trash, marking walls, spills, smoking odor, property altering or destruction);
- Additional cleaning, repair, and set-up fees incurred by Host or Company resulting from pet damage;
- Additional cleaning and set-up fees incurred by Host or Company resulting from any alteration of the personal property at the Accommodation (e.g. rearranging the furniture);
- Fees and costs incurred by Host or Company for addressing any Prohibited Activity;
- Fees and costs you are responsible for under any provision of these Terms.
You authorize Company to charge you and collect the Additional Fees.
Reservation Modification Fees
Modifications to an existing reservation made on the Company online platform or directly with a Company Agent are subject to any additional fees and taxes associated with the specified modification as determined by Company, in its sole discretion.
In connection with your use of the Company and its reservation platform, you agree and warrant that you will not, and will not assist or enable others, to:
- Break or circumvent any applicable laws or regulations, agreements with third-parties or the Company’s Terms, policies and standards;
- Use the Company’s Site or Content for any commercial or personal use that is not expressly permitted or in a manner that falsely implies the Company’s endorsement, partnership or otherwise misleads others as to your affiliation with the Company;
- Use the Company in connection with the distribution of unsolicited commercial messages (spam);
- Unless otherwise permitted by Company, book any listing if you will not actually be using the Accommodation yourself;
- Unless otherwise permitted by Company, exceed the number of guests you stated in booking the Accommodation;
- Unless otherwise permitted by Company, you are prohibited from bringing any pet, service or comfort animal to the Accommodation;
- Unless permitted by Company, draw, photograph, or video a listed property for any commercial purpose;
- Use the Site information to request or make a booking of an Accommodation independent of the Company reservation platform, to circumvent any Total Fees or for any other reason;
- Discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- Misuse or abuse any reservation property or listing;
- Cause damage to the Accommodation or any associated personal property;
- Dilute, tarnish, or otherwise harm the Company brand in any way;
- Violate or infringe on anyone else’s rights or otherwise cause harm to anyone;
- Engage, or permit others to engage, in any activity prohibited under these Terms.
If you feel that anyone within the scope of the Company’s domain, including employees, Hosts, or fellow guests, is acting or has acted inappropriately including, but not limited to, anyone who engages in offensive, violent, or sexually inappropriate behavior, you suspect of stealing from you, or engages with any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to the Company. You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
Cleaning fees are only refunded if the reservation is canceled before check-in. Reservations are considered canceled once official (verbal, electronic, or written) confirmation has been made to Company. Cancellations made at least 5 full days prior to check-in time (usually 3:00 pm PST) will be granted a full refund of Total Fees, minus a $30.00 administration and processing fee. For cancellations made less than 5 days prior to check-in time, 50% of the Total Fees (less the cleaning fee) for the remaining nights will be refunded. After the date of arrival, if the guest decides to leave early and cancels the remaining term of the reservation, 50% of the Total Fees, minus the cleaning fee and a $30.00 administrative and processing fee, for the remaining nights fees are refunded, subject to Company collecting in full all applicable Overstay Fees and Additional Fees.
Special Review of Cancellation Policies
Company may, in its sole discretion, make a special review of a Cancellation Policy. This may be for reasons due to “Natural Disasters” (described below), which prohibit travel.
Examples of Natural Disasters that prohibit the guest from traveling to or from the destination, or that require evacuation include:
- Severe storms
- Blizzards or severe winter storms
If you choose to use the Site or Content, you do so voluntarily and at your sole risk. The Site and Content are provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate our Company Services, laws, rules, or regulations that may be applicable to the Accommodation reservation including, without limitation, those applicable to Personal Information collected on the Site (for which we disclaim any responsibility), and that you are not relying upon any statement of law or fact made by Company relating to an accommodation reservation.
You agree that some Experiences, Events, Requested Services, and other Company Services or Host Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Experiences, Events, Requested Services, other Company Services, and other Host Services may carry risk of illness, bodily injury, disability, or death; you freely and willfully assume those risks by choosing to participate in those Company Services or Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Company Service or Host Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Accommodation reservation and, to the maximum extent permitted by law, you agree to release and hold harmless Company and Host from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Accommodation reservation or in any way related to your Company Service or Host Service.
If you choose to use the Accommodation, you do so voluntarily and at your sole risk. The Accommodation is provided “as is”, without warranty of any kind, either express or implied. You agree that your stay at an Accommodation may carry inherent risk including, without limitation injury, loss or damage to person or personal belongings caused by third parties or any condition of the Accommodation. You assume responsibility for such risks and to the maximum extent permitted by law, you agree to release and hold harmless Company from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to during your stay at the Accommodation.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Content (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of these Terms, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Rating and Reviews
Guests can leave a public review (“Review”) and submit a star rating (“Rating”). Ratings or Reviews reflect the opinions of individual guests and do not reflect the opinion of Company. Ratings and Reviews are not verified by Company for accuracy and may be incorrect or misleading.
You agree that a Review or Rating Ratings by you must be accurate and may not contain any offensive or defamatory language.
You are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review.
Ratings and Reviews are part of your public profile and may also be surfaced elsewhere on the Site (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time, and other information.
You understand and agree that Company or Host may make a claim under your homeowner’s, renter’s, or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Host. You agree to cooperate with and assist Company or Host in good faith, and to provide Company with such information as may be reasonably requested by Company, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Company or Host may reasonably request to assist Company or Host in accomplishing the foregoing.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Content, Company Services and Host Services, booking of any Accommodation, your stay at any Accommodation, participation in any Experience or Event or use of any Requested Services remains with you. Neither Company nor any other party involved in creating, producing, or delivering the Site, Content, Company Services or Host Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage, or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms; (ii) from the use of or inability to use the Site, Content, any Company Services or Host Services; (iii) from any communications, interactions or meetings with Company Agents, Host or other persons with whom you communicate, interact or meet with as a result of your use of the Site, Content, Company Services or Host Services; or (iv) from your booking of an Accommodation, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay refund amounts to applicable guests pursuant to these Terms, in no event will Company’s aggregate liability arising out of or in connection with these Terms and your use, or inability of use, of the Site, Content, Company Services and Host Services including, but not limited to, from your booking of any Accommodations, and in connection with any Accommodation, Experiences, Event, Requested Services, or interactions with any Company Agents, Host or other persons, exceed the amounts you have paid or owe for bookings of an Accommodation as a guest in the ,b>three (3) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Company and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend (at Company’s option), indemnify, and hold Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms; (ii) your improper use of the Site, Content or any Company Services; (iii) your stay at an Accommodation, participation in an Experience or Event or use of any Company Services, including, without limitation, any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such stay, participation or use; or (v) your breach of any laws, regulations or third party rights.
Termination of Agreement
Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. Company reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.
The provisions of this Agreement reasonably intended to survive including, without limitation, the sections entitled “Acceptance of Terms”, “Usage of the Site and Intellectual Property”, “Restrictions on Use”, “Damage to Accommodations”, “Booking Conditions, “Disclaimers”, “Insurance Claim”, “Indemnification”, “Limitation of Liability”, “Termination of the Agreement” and “General Provisions” shall survive the termination of this Agreement.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Company’s prior written consent. Company may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion.
All questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement shall be governed by the laws of the State of Oregon, without regard to its conflict of laws provisions.
You and Company (the “Parties”) shall meet to resolve in good faith any and all disputes, claims or controversy arising out of or relating to any interpretation, construction, performance or breach of under this Agreement (collectively a “Dispute”). Any Dispute not resolved by good faith negotiation between the Parties shall be resolved exclusively by arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) Arbitration Service of Portland, Inc., sitting in Jackson County, State of Oregon, and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
Payment of filing, administration and arbitrator fees will be governed by the Arbitration Service of Portland, Inc.’s Procedural Rules. These fees will be shared equally by you and Company, unless the arbitrator (i) determines that the claims are frivolous, in which case the claimant shall bear all such fees arising from the frivolous claim; or (ii) determines that the fees should be allocated differently.
You and Company hereby acknowledge, agree, and covenant that any such dispute shall only be adjudicated on an individual basis, and not in class, consolidated or representative proceedings. Should a dispute be adjudicated in court, rather than arbitration, for any reason whatsoever, you and Company each expressly and knowingly waive any right to a jury trial.
Notwithstanding the above, Company may lodge a claim against you: (a) pursuant to the indemnification clause above, in any court adjudicating a third-party claim against you; and (b) in connection with the infringement (or alleged infringement) of any Company intellectual property right, in any court of competent jurisdiction having personal jurisdiction over you.
The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, accomplishes the intentions of the original provision.
Failure of Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver of any breach or default hereunder shall be effective against Company unless made in writing, nor shall any such waiver be deemed to be a waiver of any preceding or subsequent breach or default.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Company and you pertaining to the subject matter hereof and supersede any and all prior oral or written understandings or agreements between Company and you in relation to the access to and use of the Site, Content, Company Services, and Host Services.
This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Site, Content, or Company Services.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the Parties.
Should you have any questions or concerns, please feel free to contact us at firstname.lastname@example.org. Please include the words “Terms of Service” in the subject line of your email. We will address any issue to the best of our ability as soon as possible after brought to our attention.