Terms of Service ProperStay

PROPERSTAY TERMS OF SERVICE

1. Introduction
Thank you for visiting ProperStay. Please read these Terms of Service and our Privacy Policy as you must agree to both documents in order to have permission to use our Service.
2. Definitions
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
  • “Agreement” refers to these Terms of Service;
  • “Guest” refers to anyone who uses our Service in their capacity as a person who intends to attend the property of a Host in exchange for payment;
  • “Host” refers to anyone who uses our Service in their capacity at the host or owner of, or other person with power to rent out, a property;
  • “ProperStay” refers to our company, known as “PropStay LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
  • “Service” refers to the services that we provide through our Site, including our accommodation and travel services;
  • “Site” refers to our website, www.properstay.com;
  • “User” refers to anyone who uses our Service and includes Guests, Hosts, and general visitors to our Site;
  • “You” refers to you, the person who is entering into this Agreement with ProperStay.
3. How ProperStay Works
ProperStay provides furnished accommodations and travel services aimed at business and tourist travelers looking for short term accommodations. ProperStay is not the originator of the accommodations, but rather facilitates transactions between Guests and Hosts.
4. Eligibility
In order to use our Service, you must meet a number of conditions, including but not limited to:
  • You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, ProperStay, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
  • You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
  • You must not be signing up on behalf of any natural person other than yourself.
  • You must, if signing up on behalf of a person other than a natural person, be an authorized representative of that person and agree that you are binding both you and that person to this Agreement and that both you and that person shall be jointly and severally liable for any breaches hereof and for the fulfillment of any duties established hereunder.
  • You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
  • You agree, if you are a Guest, to follow any rules of etiquette or property use established by a Host, and that you will ensure that any parties accompanying you will do the same.
  • You must properly report all income and contracts as required to the Internal Revenue Service and any other governmental entity that may require it. You acknowledge that ProperStay is not required to conduct your recordkeeping for you or to report any income information to the tax authorities.
5. Nature of Service
ProperStay facilitates transactions between Guests and Hosts but is not itself the provider of any of the properties or other services provided by Hosts. You acknowledge this fact and agree to hold ProperStay harmless for the acts or omissions of any other User in relation to you, whether they are a Guest, Host, or otherwise.
6. Rules of Use
You agree that you will not:
  • Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
  • Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of ProperStay or its delegates.
  • Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
  • Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the ProperStay Site, Service, or its Users’ computers.
  • Do anything else which could bring ProperStay into disrepute or violate the rights of any person.
7. Payment
Payment for deposits can be made to ProperStay by credit card through our authorized payment processor or by bank transfer. All prices are listed in United States dollars.

Exact terms of payment and fees (including additional information about VAT, utilities, and other expenses) will vary and be listed in the relevant property listing; such terms are hereby incorporated into this Agreement by reference.

Fees for gas, electricity, and water will be assessed in addition to the listed property rental price if the rental period exceeds one month.

All payments not paid to ProperStay (everything other than the required deposit) must be paid to the Host. ProperStay reserves the right to collect the balance of payments owed to a Host where they are unpaid and are not otherwise refundable according to our cancellation policy below.
8. Cancellation
The following policies apply in the event of cancellations:

The balance of payments to the Host will be listed under one of the following categories, depending on what the Host elects to apply to its specific listing:
  • STRICT
    a) 15% CANCELLATION CHARGE IF CANCELED MORE THAN 60 DAYS BEFORE ARRIVAL DATE
    b) 50% CANCELLATION CHARGE IF CANCELED 30-60 DAYS BEFORE ARRIVAL DATE
    c) 100% CANCELLATION CHARGE IF CANCELED WITHIN 30 DAYS BEFORE ARRIVAL DATE
  • SEMI-STRICT
    a) 15% CANCELLATION CHARGE IF CANCELED MORE THAN 30 DAYS BEFORE ARRIVAL DATE
    b) 50% CANCELLATION CHARGE IF CANCELED 14-30 DAYS BEFORE ARRIVAL DATE
    c) 100% CANCELLATION CHARGE IF CANCELED WITHIN 7 DAYS BEFORE ARRIVAL DATE
  • FLEXIBLE
    a) 15% CANCELLATION CHARGE IF CANCELED MORE THAN 14 DAYS BEFORE ARRIVAL DATE
    b) 50% CANCELLATION CHARGE IF CANCELED 3-14 DAYS BEFORE ARRIVAL DATE
    c) 100% CANCELLATION CHARGE IF CANCELED WITHIN 2 DAYS (48 hours) OF ARRIVAL DATE (ASSUMING A 3PM CHECK-IN TIME)
Where a cancellation occurs because of ProperStay or the Host, ProperStay shall attempt to notify the Guest as early as possible of this fact, and the Guest shall receive a full refund, minus any third party charges such as the Guest’s fee for sending a bank wire. Where the cancellation was specifically at the request of the Host, ProperStay shall be entitled to payment from the Host in such cases of the amount of the deposit transmitted to ProperStay for the relevant property.

We strongly suggest you purchase travel insurance to protect against unforeseen circumstances that are beyond the our control such as natural disasters, military operations, wars and untimely deaths in the Guests family. We will make our best effort to accommodate in certain unforeseen circumstances but we make no guarantees towards payments made in these cases.
9. Property Damage
Guests agree to pay Hosts for the full cost of repairing any damage that may be caused to any property by the Guest during the Guest’s or Guests’ stay at the property within thirty days of receiving notification by the Host of a demand for such payment. Unless otherwise expressly permitted, smoking inside of a dwelling or other structure that forms part of the property shall be assumed prohibited and Guests may be charged for the cleanup of such structures which is required to bring them to a state as though no smoking had occurred within them.
10. Chargebacks
Where a User conducts a chargeback against ProperStay, that User shall be liable to ProperStay for the full amount of the chargeback as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and any other expenses incurred in ProperStay enforcement of its rights under this section.
11. Our Copyright
ProperStay’s online content is valuable to us for the purpose of distinguishing us from third party competitors and non-competitors whose websites use keywords for which we may be competing for search engine rankings. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including Contract descriptions and User profiles submitted by third parties to ProperStay, without receiving our prior written permission.
12. Your Copyright
ProperStay must be assured that it has the right to use the content that is posted to its Site by its Users and in particular Hosts who advertise their property or properties on our Site. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
13. Trademarks
“ProperStay” and “PropStay” are trademarks used by us, PropStay LLC, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing service.
14. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
15. Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES (INCLUDING OTHER USERS), INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, TRESPASSING, PROPERTY DAMAGE, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

WE ARE NOT RESPONSIBLE FOR ANY FAILURE OF A USER TO FULFILL ITS CONTRACTUAL DUTIES TO ANOTHER USER WHO IS THE COUNTERPARTY TO A CONTRACT.

WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A CREDIT CARD COMPANY, BANK, OR PAYMENT PROCESSOR, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability:   Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
16. Indemnity
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
17. Choice of Law
This Agreement shall be governed by the laws in force in the State of Florida. The offer and acceptance of this contract are deemed to have occurred in the State of Florida.
18. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Florida. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the Small Claims Court in and for Miami-Dade County in the State of Florida (“Small Claims Court”) in accordance with Chapter 34 of the Florida Statutes.

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. At the time of drafting this Agreement, the monetary jurisdiction of the Small Claims Court is $5,000.

You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
19. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
20. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, ProperStay shall have the sole right to elect which provision remains in force.
21. Non-Waiver
ProperStay reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
22. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
23. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time you access our Service, and your continued use of our Service shall constitute your acceptance of any such changes.
24. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about ProperStay must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to info@properstay.com

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Last Modified: February 23, 2014

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