Terms & Conditions

Terms and Conditions for U.S.A Users

Section 18 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against Guestay in the United States. Please read them carefully.

Last Updated: October 03, 2022

Guestay Kosher Villas (“Guestay”) offers its services to you (“Members”) and Members (defined below) under the following Terms and Conditions of use (hereafter collectively referred to as the “Terms”), which constitutes a legal binding agreement between Members and Guestay and govern your right to use the websites, applications, and other offerings from Guestay (collectively, the “Guestay Platform”). When used in these Terms, “Guestay,” “we,” “us,” or “our” refers to the Guestay with whom you are contracting.

You should read these Terms carefully and use the services and/or Website only if you agree and consent to these Terms. By using the Website, you agree to be legally bound by these Terms and the Privacy Policy set forth herein just as if you had signed them.

These Terms and Conditions, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the 'Website') and/or by completing a booking, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the Privacy Policy).

Unless otherwise stated below, all term and conditions apply to Members.

If you do not agree to these terms and conditions or our Privacy Policy and you are not willing to be bound by them, do not use our Website in any manner whatsoever.

The Guestay Platform offers an online venue that enables Members to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations” or “Listing”). You must register an account to access and use many features of the Guestay Platform and must keep your account information accurate. As the provider of the Guestay Platform, Guestay is the property manager for Hosted property and is the Hosted owner’s agent with Members during their stay at the Hosted property. Guestay will not perform ‘hotel services’, such as daily cleaning, 'front desk’, food, concierge, or take any other action or provide any other service to the Members except for those services expressly stated in this Agreement..

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data.

If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with Guestay and/or third parties that apply to your Listing.

Guest Terms

Searching and Booking on Guestay.

Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Guestay via Guestay Payment Platform may charge the Payment Method (as defined in the Payment section below) used to book the Listing in order to collect Damage Claim (as defined in Section 11) amounts. When you receive the booking confirmation, a contract for The Listing (a "Reservation") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements in these Terms or identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing.

Reservations. A Reservation is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host and/or Guestay, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.

Cancellations and Refunds.

Cancellations Policy. Any cancellation prior to 30 days of check-in will get full refund less 20% of the booking amount cancellation fee. There is no cancelation within 30 Days from check-in and the Guest shall be responsible for the full fee.

Your Responsibilities and Assumption of Risk.

Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to any Accommodation, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Guestay Platform and any Content (as defined in Section 6), including your stay at any Accommodation or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Lisitng to determine whether it is suitable for you. For example, A Listing may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Listing’s.

Payment

We may provide an online Payment Platform, giving you the ability to make online payments via third-party payment processor, credit card, debit card, or other payment options we may make available from time to time (the “Payment Platform”). If you make a payment using an account or a card that is in the name of a third party, you shall remain bound by these Terms, and the third-party account—or cardholder shall not obtain any rights hereunder. we may change or withdraw such Payment Platform at any time without notice and at our sole discretion. If you are directed to a third-party payment processor or payment provider, you may be subject to terms and conditions governing use of that third party's service, including applicable fees, as well as that third party's personal information collection practices. Please review such terms and conditions and their privacy policy before using the services.

If you make a payment through the Payment Platform and you later dispute this legitimate charge contrary to our Chargeback Policy, we shall take steps to claim any fraudulently recovered charges from you. Please read our Chargeback Policy in full at Section xx of these Traveler Terms of use.

Although we may provide the Payment Platform to enable payments, we are not responsible for the payment solutions themselves. In particular, we are not responsible for any decision taken by any payment provider to decline your payment, based on its risk assessment of you or that transaction. you shall not hold us liable for any losses you suffer as a result of making a payment, whether via the Payment Platform or any other payment method. If you need customer support in relation to a third-party online payment provider, you should contact the third-party online payment providers or your bank or payment card provider, as applicable.

In connection with a Reservation, you will be asked to provide customary billing information such as name, billing address, and payment method information to either us or one of our third-party payment providers. you agree to pay to us, the amount of any confirmed Reservations in accordance with these Terms of use by one of the methods supported by the Payment Platform (e.g., by third-party online payment providers, credit card, or debit card). you hereby authorize the collection of such amounts by charging the payment method provided as part of requesting the Reservation, either directly by us or indirectly, via one of our third-party online payment providers. you also authorize us to charge any payment method on file in the event of damage caused at the Listing.

You authorize us to store your payment method information and charge your payment method as outlined in these Terms of use. If your payment method's account information changes (e.g., account number, routing number, expiration date), we may acquire that information from your bank.

Receipts. Once the payment transaction for your requested Reservation is successfully completed, you will receive a confirmation email summarizing your confirmed Reservation.

If we are unable to collect any amounts you owe for a confirmed Reservation or damages claim, we may engage in collection efforts to recover such amounts from you. you hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to us by you. Such communication may be made by us or by anyone on our behalf, including but not limited to, a third-party collection agent.

Security Deposits. We may choose to include security or damage deposits in the Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Listing. If a Security Deposit is included in a Listing for a confirmed Reservation , and the Payment Platform is being used for the transaction, we may request a pre-authorization of your payment card and hold such amount as we determine for the Security Deposit prior to your check-in at the applicable Listing, and/or we may charge your payment card in the event of damage caused at a Listing pursuant to the terms of the Reservation and the Security Deposit. Security Deposits, if required, may be applied to any fees due from you overstaying at a Reservation without your consent.

Overstaying Without our consent. You agree that a confirmed Reservation is merely a license granted by the Host to you to enter and use the Accommodation for the limited duration of the confirmed Reservation and in accordance with these Terms. You further agree to leave the Accommodation no later than the checkout time that we specify or in the Listing, or such other time as mutually agreed upon between us. If you stay past the agreed upon checkout time without our consent, you no longer have a license to stay in the Accommodation and we, or the Host, are entitled to make you leave. In addition, you agree that we can charge you, for each 24-hour period that you stay over the agreed period without the Host's consent, an additional nightly fee of two times the average nightly rate that you originally paid in order to stay in the Accommodation to cover the inconvenience suffered, plus all applicable fees, taxes, and any legal expenses incurred to make you leave. you also authorize us to charge any payment method you have on file in the event that you overstay your Reservation and are being charged accordingly under this Section 4.

Scheduled Payments. We may ask you to make scheduled, partial payments toward the total amount owed for a confirmed rental of the applicable Listing (collectively, "Scheduled Payments"). If Scheduled Payments apply to your payment obligations, you authorize us to charge your payment card for the total amount owed for the confirmed Listing rental, based on the schedule and amounts noted in the Reservation Request or in other communications. you may stop payment of a Scheduled Payment by notifying us orally or in writing at least three (3) business days before the scheduled date of the payment. we may require you to give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, we are not obligated to honor your request to stop any future Scheduled Payments. If you have any questions regarding your Scheduled Payments, please contact us.

You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities, and expenses (including legal fees) that we suffer or incur arising out of or in connection with your use of the Payment Platform, in particular any claims from payment solution providers resulting from your actions or omissions.

Inspection, Insurance and Reviews.

Inspection upon Arrival. Upon arrival, Guest is responsible to check that the Accommodation is in satisfactory and working condition. Any unsafe or dangerous condition or other concerns regarding the Accommodation MUST be reported to Guestay immediately and no later than by end of first day of arrival date for any concern that Guest would like to be addressed by Guestay. NO refunds or considerations will be given. For any issues or concerns please contact Guestay immediately at (845)999-8452 AND send an email to info@guestay.com. If a call comes in after normal business hours, Guestay will respond once the office has reopened the next morning. For any URGENT MATTER or medical emergency please call dial 911.

Furniture within an Accommodation may not to be moved from their location, even from one room to another

Inspection Prior to Departure. The Accommodation should be left in the same condition as it was found by Guest on the arrival date and in good repair. Guest is responsible to inspect the Accommodation for any forgotten personal belongings. Any items left after of Guest’s departure will be declared “Hefker” and becomes Guestay’s property.

Accidental Damage Waiver. Every reservation requires a “Rental Damage Plan.” The cost of this plan is $18 per night however Guestay reserves the right to increase rate. The Rental Damage Plan covers unintentional damages to the Accommodation that might occur during a Guest’s stay provided that any incident of damage has been reported in writing to Guestay prior to Guest’s departure. The policy will pay a maximum benefit of $10,000. Any damages that exceed $10,000 will be charged to the credit card on file. Additional terms and conditions may apply. Guest authorizes insurance company to pay directly to Guestay any amount payable under the terms of the Rental Damage Plan. In addition, Guest acknowledges the right of Guestay to charge Guest’s credit card without notice for any and all uncovered or non-reimbursable damages caused by Member of the Accommodation, as well as any visitors, for the period covered. Examples of such are, but not limited to: undue cleaning, eviction, service calls, fines, repairs or replacements plus any applicable taxes.

After each stay, Guests will have an opportunity to review the Accommodation. Your review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our policies. Reviews are not verified by Guestay for accuracy and may be incorrect or misleading.

Content.

Parts of the Guestay Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Guestay a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Guestay pays for the creation of Content or facilitates its creation, Guestay may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Guestay the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our policies, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Guestay may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Guestay does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

Fees.

Guestay may charge fees (and applicable taxes) to Guests for the right to use the Guestay Platform. Except as otherwise provided on the Guestay Platform, service fees are non-refundable. Guestay reserves the right to change the service fees at any time and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 9.

Guestay Platform Rules.

Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect
- Do not scrape, hack, reverse engineer, compromise or impair the Guestay Platform
- Only use the Guestay Platform as authorized by these Terms or another agreement with us
- Honor your legal obligations
Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Guestay. In addition, if you believe that a Member, Listing or Content has violated these Terms and/or our standards and policies, you should report your concerns to Guestay. If you reported an issue to local authorities, Guestay may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

Copyright Notifications. If you believe that Content on the Guestay Platform infringes copyrights, please notify us in accordance with our Copyright Policy.

Termination, Suspension and other Measures.

Term. The agreement between you and Guestay reflected by these Terms is effective when you access the Guestay Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Guestay may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Guestay may also terminate this agreement immediately and without notice and stop providing access to the Guestay Platform if you breach these Terms, you violate our policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Guestay, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

Member Violations. If (i) you breach these Terms, our policies or our standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Guestay believes it is reasonably necessary to protect Guestay, its Members, or third parties; Guestay may, with or without prior notice:
- suspend or limit your access to or use of the Guestay Platform and/or your account;
- suspend or remove Listings, Reviews, or other Content;
- cancel pending or confirmed bookings; or
- suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as Guestay determines in its sole discretion, you will be given notice of any intended measure by Guestay and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service

Legal Mandates. Guestay may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above.

Effect of Termination. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled, and any refund will be in accordance with Section 2 above. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Guestay Platform has been limited, or your Guestay account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Guestay Platform through an account of another Member.

Modification.

Guestay may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Guestay Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Guestay Platform will constitute acceptance of the revised Terms.

Resolving Complaints and Damage Claims.

If a Member provides valid evidence that you, your guest(s), or your pet(s)damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify Guestay and/or seek compensation through [what method]. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Guestay and Guestay determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Guestay via Guestay Payments can collect the amount of the Damage Claim from you. You agree that Guestay may seek to recover from you under any insurance policies you maintain and that Guestay may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Guestay requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of the Listing.

Guestay’s Role.

We offer you the right to use a platform that enables Members to publish, offer, search for, and book a Listing. We do not and cannot control the conduct of Guests or Hosts. You acknowledge that Guestay has the right, but does not have any obligation, to monitor the use of the Guestay Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Guestay Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Guestay administers its policies and standards, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Guestay in good faith, and to provide Guestay with such information and take such actions as may be reasonably requested by Guestay with respect to any investigation undertaken by Guestay regarding the use or abuse of the Guestay Platform.

Member Accounts.

You must register an account to access and use many features of the Guestay Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Guestay Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Guestay if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

Disclaimer of Warranties.

We provide the Guestay Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Guestay Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Guestay has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

Limitations on Liability.

Neither Guestay (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Guestay Platform or any Content 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) the use of or inability to use the Guestay Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Guestay Platform, or (iv) publishing or booking of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Guestay has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

In no event will Guestay’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Guestay Platform, any Content, or any Listing, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).

These limitations of liability and damages are fundamental elements of the agreement between you and Guestay. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at Guestay’s option), indemnify, and hold Guestay (including other affiliates, and their personnel) 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 (including any supplemental or additional terms that apply to a product or feature) or our policies or standards, (ii) your improper use of the Guestay Platform, (iii) your interaction with any Member, any Listing, or stay at an Accommodation, 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 interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

United States Governing Law and Venue.

All matters and legal proceedings arising out of or related these Terms; the negotiation, making, validity, interpretation or enforcement of these Terms; and all related matters between the parties on behalf of themselves and their respective representatives: (a) are governed by the laws of the State of New York, without reference to any conflict of laws principles or the choice of law doctrine; and (b) are to be exclusively brought in the State courts of the State of New York, or the federal courts of the United States of America, in each case located in the County of New York (together, the “Specified Courts”). The parties irrevocably (a) submit and consent to the exclusive jurisdiction and venue of the Specified Courts and waive any objection now or hereafter to the propriety or convenience of such venues; and (b) waive any rights they may have to a trial by jury or the determination of any factual issues by a jury.

United States Dispute Resolution and Arbitration Agreement.

Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Guestay in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 18 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

Overview of Dispute Resolution Process. Guestay is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 18 applies: (1) an informal negotiation directly with Guestay’s customer service team (described below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Guestay each retain the right to seek relief in small claims court as an alternative to arbitration.

Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Guestay each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Guestay by mailing it to Guestay’s agent for service: [Corporate address]. Guestay will send its notice of dispute to the email address associated with your Guestay account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

Agreement to Arbitrate. You and Guestay mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Guestay Platform, Listing’s, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Guestay agree that the arbitrator will decide that issue.

Exceptions to Arbitration Agreement. You and Guestay each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in the Specified Courts: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Guestay Platform or a Listing.

You and Guestay agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Guestay agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in New York County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.

Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Guestay will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, crossclaim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Jury Trial Waiver. You and Guestay acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

No Class Actions or Representative Proceedings. You and Guestay acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

Severability. Except as provided in this Section 18, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

Changes to Agreement to Arbitrate. If Guestay changes this Section 18 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Guestay (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Guestay.

Survival. Except as provided in this Section 18 this Section 18 and any parts of these Terms that by their nature survive termination, will survive termination of this agreement and will continue to apply even if you stop using the Guestay Platform or terminate your Guestay account.

Miscellaneous.

Other Terms Incorporated by Reference. Our Privacy Policy and other supplemental policies and terms linked to in these Terms apply to your use of the Guestay Platform, are incorporated by reference, and form part of your agreement with Guestay.

Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Guestay and you pertaining to your access to or use of the Guestay Platform and supersede any and all prior oral or written understandings or agreements between Guestay and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Guestay. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 18 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

No Waiver. Guestay’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Guestay's prior written consent. Guestay may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice (Website notice acceptable).

Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Guestay via email, Guestay Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable, and you provide.

Third-Party Services. The Guestay Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Guestay is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

Google Terms. Some translations on the Guestay Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Guestay Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

Guestay Platform Content. Content made available through the Guestay Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Guestay and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Guestay Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Guestay grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Guestay Platform and accessible to you, solely for your personal and non-commercial use.

Force Majeure. Guestay shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Guestay account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Guestay account. In the U.S. if you consent to receive SMS (text messages) from us.