PLEASE READ THIS GUEST AGREEMENT ("Agreement") CAREFULLY. BY USING THE DIRECTSTAY PLATFORM ("Platform") OR BOOKING A PROPERTY THROUGH OUR SERVICES, YOU ("Guest") AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, PLEASE DO NOT USE OUR SERVICES.
1.0 Definitions
"DirectStay," "we," "us," or "our" refers to DirectStay, its subsidiaries, affiliates, and assigns.
"Guest" means any individual or entity that accesses or uses the Platform to search for, book, or rent a Property listed by a Host.
"Host" refers to any individual or entity that lists a Property for short-term rental on the Platform.
"Property" refers to any short-term rental space listed by a Host on the Platform.
"Booking" means the confirmed reservation or rental agreement between the Guest and a Host, facilitated by the Platform.
"Content" includes any information, images, reviews, or other materials provided by the Guest in connection with their use of the Platform.
2.0 Acceptance of Terms
2.1 Binding Agreement
By accessing or using the Platform and completing a Booking, you agree to be bound by this Guest Agreement, as well as any additional policies referenced herein or made available on the Platform.
2.2 Modifications
DirectStay reserves the right to modify or update this Agreement at any time. Continued use of the Platform after changes constitutes acceptance of the revised terms.
3.0 Guest Responsibilities
3.1 Accurate Information
You agree to provide accurate, complete, and current information during the booking process and when creating your account. It is your responsibility to update your account information as necessary.
3.2 Compliance with Property Rules
Upon making a Booking, you agree to abide by any house rules, policies, and guidelines set forth by the Host for the Property. Failure to comply may result in cancellation of the Booking or additional liability.
3.3 Payment Obligations
You agree to pay all fees and charges associated with the Booking as displayed on the Platform at the time of confirmation. This includes rental fees, applicable taxes, service fees, and any additional charges agreed upon with the Host.
3.4 Cancellation Policy
You acknowledge that cancellation policies vary by Property and are clearly stated at the time of Booking. Any cancellation or refund requests will be processed in accordance with the specific cancellation policy applicable to your Booking.
3.5 Damage and Liability
You are responsible for any damage caused to the Property during your stay, beyond normal wear and tear. In the event of property damage, you agree to promptly notify the Host and may be held liable for repair or replacement costs.
3.6 Conduct and Behavior
You agree to behave in a respectful and lawful manner during your stay. Any behavior that poses a risk to the safety, security, or enjoyment of the Property or other guests may result in immediate termination of your Booking without refund.
4.0 Booking and Payment Process
4.1 Booking Confirmation
Once a Booking is confirmed, a contractual relationship is established between you and the Host. DirectStay acts as a facilitator and is not a party to the rental agreement.
4.2 Payment Processing
All payments will be processed through DirectStay's designated payment partners. You authorize DirectStay to charge your selected payment method for the total amount due, including any applicable fees.
4.3 Refunds and Dispute Resolution
Any disputes regarding payments, cancellations, or refunds shall be resolved in accordance with the dispute resolution provisions set forth in Section 8 of this Agreement and the cancellation policies provided at the time of Booking.
5.0 Disclaimers and Limitations of Liability
5.1 Disclaimer of Warranties
The Platform and services are provided on an "as is" and "as available" basis without any warranties, either express or implied. DirectStay disclaims all warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.2 Limitation of Liability
To the fullest extent permitted by applicable law, DirectStay shall not be liable for any indirect, incidental, consequential, special, or punitive damages, or any loss of profits, revenue, or data, arising from or related to your use of the Platform or Bookings. DirectStay's aggregate liability, whether in contract, tort, or otherwise, shall not exceed the total fees paid by you in connection with your Booking(s) during the 12 months preceding the claim.
5.3 Third-Party Services
DirectStay does not guarantee the accuracy, reliability, or quality of the Property listings, nor is it responsible for any disputes, damages, or losses resulting from your interactions with Hosts or the use of Properties.
6.0 Dispute Resolution
6.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Wyoming, without regard to its conflict of law principles.
6.2 Arbitration
Any dispute, controversy, or claim arising out of or relating to this Agreement or your use of the Platform, including any Booking, shall be resolved exclusively through binding arbitration under the rules of the agreed arbitration institution. The decision of the arbitrator shall be final and binding.
6.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted solely on an individual basis, and you waive any right to participate in any class action or representative proceeding.
7.0 Termination
7.1 Termination by DirectStay
DirectStay reserves the right to suspend or terminate your access to the Platform or any Booking if you violate this Agreement or engage in any conduct that DirectStay deems harmful or detrimental to the Platform or other users.
7.2 Effect of Termination
Upon termination of your account or Booking, all rights granted under this Agreement will immediately cease. Termination will not affect any rights or obligations that have accrued prior to termination.
8.0 Miscellaneous
8.1 Entire Agreement
This Agreement, along with any policies or additional terms referenced herein, constitutes the entire agreement between you and DirectStay regarding your use of the Platform and supersedes all prior agreements or understandings.
8.2 Amendments
DirectStay may amend or modify this Agreement at any time. Your continued use of the Platform after any such amendments constitutes your acceptance of the revised Agreement.
8.3 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
8.4 Waiver
No failure or delay by DirectStay in exercising any right under this Agreement shall constitute a waiver of that right.
8.5 Notices
Any notices or communications required under this Agreement shall be provided in writing and will be deemed effective when delivered electronically or by certified mail to the addresses provided by the parties.
9.0 Contact Information
If you have any questions regarding this Guest Agreement or your rights and obligations under this Agreement, please contact:
Email: [email protected]Phone: 866-779-STAY