both documents in order to have permission to use our Service.
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:
refers to these Terms of Service;
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;
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;
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;
refers to the services that we provide through our Site, including
our accommodation and travel services;
refers to our website, www.properstay.com;
refers to anyone who uses our Service and includes Guests, Hosts, and
general visitors to our Site;
refers to you, the person who is entering into this Agreement with
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.
order to use our Service, you must meet a number of conditions,
including but not limited to:
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.
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.
must not be signing up on behalf of any natural person other than
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
must provide us with personal information, payment information, and
other information that we deem necessary to provide you with our
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.
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
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
agree that you will not:
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.
or send anything violent, threatening, pornographic, racist,
hateful, or otherwise objectionable according to the opinion of
ProperStay or its delegates.
on anyone’s intellectual property rights, defame anyone,
impersonate anyone, or otherwise violate the rights of a third
crack, phish, SQL inject, or otherwise compromise the security or
integrity of the ProperStay Site, Service, or its Users’
anything else which could bring ProperStay into disrepute or violate
the rights of any person.
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.
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.
for gas, electricity, and water will be assessed in addition to the
listed property rental price if the rental period exceeds one month.
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
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:
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
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
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
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
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
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
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.
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
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
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.
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.
ARE NOT RESPONSIBLE FOR ANY FAILURE OF A USER TO FULFILL ITS
CONTRACTUAL DUTIES TO ANOTHER USER WHO IS THE COUNTERPARTY TO A
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.
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.
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
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.
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.
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
Choice of Law
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.
Forum of Dispute
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.
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.
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.
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
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.
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.
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.
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
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.
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.
Assignment of Rights
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
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 firstname.lastname@example.org
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