Terms & Conditions

Terms & Conditions

Section 19 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:  August 1, 2025     

Guestay Kosher Villas (“Guestay,” “we,” “us,” or “our”) offers its services to you under the following Terms and Conditions (the “Terms”), which constitute a legally binding agreement between you and Guestay. These Terms govern your access to and use of Guestay’s websites, mobile applications, and other online offerings (collectively, the “Guestay Platform”).

In these Terms, “Member” refers to any individual who registers for an account, accesses, or uses the Guestay Platform. Members who publish and offer Listings are “Hosts,” and Members who search for, book, or use Listings are “Guests.” Hosts may offer accommodations that is made available to a Guest for temporary stay or occupancy (“Accommodations” or “Listings”) through the Guestay Platform.

By accessing or using the Guestay Platform, including through any device, email, telephone, or other means, and by completing a booking, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy (link to be provided). If you do not agree to these Terms or our Privacy Policy, you may not use the Guestay Platform.

You must register an account to access certain features of the Guestay Platform and are responsible for maintaining accurate and up-to-date account information.

Guestay provides an online venue that enables Hosts and Guests to connect, but does not own, control, or manage any Listings. Unless explicitly stated otherwise in these Terms, Guestay is not a party to any agreement between Hosts and Guests and does not act as a real estate broker, insurer, or travel agency. Guestay may act as a limited agent for the Host or Guest in certain specified circumstances, including during a Member’s stay, for purposes of property management or communications support. However, Guestay does not provide hotel-style services, including daily housekeeping, food service, or concierge functions, unless expressly stated.

Additional policies may apply to your use of the Guestay Platform, including our Privacy Policy (link to be provided), which describes how we collect, use, and safeguard personal information.

If you are a Host, you are solely responsible for understanding and complying with all laws, rules, regulations, and contractual obligations applicable to your Listing, including those imposed by Guestay or third parties.

Table of Contents

Guests

1. Searching and Booking on Guestay
2. Cancellations, Reservation Issues, Refunds and Reservation Modifications .
3. Your Responsibilities and Assumption of Risk.
4. Payment
5. Indemnification, Insurance and Inspection

Host Terms

8. Hosting on Guestay.
9. Managing Your Listing.
10. Cancellations, Reservation Issues, and Reservation Modifications.
12. Listing a Service.

General

13. Guestay Platform Rules.
14. Termination, Suspension and other Measures.
15. Disclaimer of Warranties.
16. Limitations on Liability.
18. Rebooking and refund policy

Definitions

“Content” means feedback, text, photos, audio, video, information, and any other content.

"Host Services” means the services offered by Hosts through the Guestay Platform, including accommodations, meals, amenities, experiences, or any other offerings made available to Guests.

“Payment Platform” means Members ability to make online payments via third-party payment processor, credit card, debit card, or other payment options Guestay may make available from time to time

"Reservation" means Guests receipt of a booking confirmation.

“Reservation Modifications” means any changes, amendments, or alterations to a Reservation that have been mutually agreed upon in writing by the Host, the Guest, and Guestay.

"Scheduled Payments" means scheduled, partial payments.

"Security Deposits" means security or damage deposits included in the Listings.

"Services" means additional services and activities provided at an Accommodation which are designated as services on the Guestay Platform.

"Taxes” means applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes.

“Third-Party Services” means third-party websites, applications, services or resources.

"Total Price" means Listing price, applicable fees, offline fees, taxes, and any other items identified during checkout.

"Website" means Guestay website or any Guestay applications through whatever platform

Guests

1. Searching and Booking on Guestay.

1.1                  Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Total Price identified during checkout. You are also agreeing that Guestay via the Payment Platform may charge the payment method (as defined in the Payment section below) used to book the Listing and in order to collect any damage claim amounts. When you receive a Reservation, a contract 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.

1.2                  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 (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.

2. Cancellations, Reservation Issues, Refunds and Reservation Modifications.

2.1                        Cancellations Policy. Any cancellation more than 45 days before the check-in date will get a refund less ten percent (10%) of the Total Price for processing. Cancellations are not permitted within 45 days of check in; any cancellation in this window will result in the Guest being responsible for 100% of the Total Price (no refund).

2.2                  Collection. 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. If collection or court action is necessary to compel payment of the Total Price, any fees, or damages, you also agree to pay all attorney’s fees, court costs and fees, and collection costs and fees. 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.

2.3                  Payment by Regular Check. In the event that you pay by regular check, and the check is drawn on insufficient funds, or “bounces,” you agree to be responsible for all late fees, returned-check fees, and consequential damages that stem from this bounced check. If court action is necessary to compel payment of these fees or damages, you also agree to pay all attorney’s fees, court costs and fees, and collection costs and fees.

2.4      Reservation Modifications. Guests and Hosts are responsible for any Reservation Modifications they agree to make via the Guestay Platform, and agree to pay any additional amounts, fees, or taxes associated with any Reservation Modification.

3. Your Responsibilities and Assumption of Risk.

3.1      Smoking Policy. Smoking is strictly prohibited inside all Guestay properties. This includes all interior areas of the accommodation. Violating this rule will result in a $500 penalty, in addition to the cost of professional deep cleaning required to restore the property to its original condition.

If any damage occurs as a result of smoking, you will be charged for the full cost of repairs or replacement, plus an additional 100% surcharge. Guestay reserves the right to charge the payment method on file for any such penalties, cleaning fees, or damage-related costs without further notice.

Guests are fully responsible for ensuring that all members of their party comply with this policy.

3.2        Kosher Policy. All Guests are required to maintain full kosher standards on the property, in accordance with traditional Orthodox Jewish law as interpreted by Guestay’s supervising authority (kosher supervisor designated by Guestay). This includes, but is not limited to, not bringing non-kosher food or utensils into the property.

Failure to comply with this Kosher Policy will result in a $1,000 penalty, plus the full cost of koshering (ritually cleaning to restore kosher status) the kitchen and appliances, and replacing any pots, pans, or utensils as needed to restore the property to its original kosher condition.

Guestay shall have sole discretion to determine whether a Guest, their invitees, or any third party has violated the Kosher Policy, including whether any action, food item, utensil, or behavior compromises the kosher status of the Accommodation. Guestay’s assessment of damages, including any required koshering, disposal, or replacement of affected items, shall be final and binding.

Any material breach of this Kosher Policy, as determined by Guestay in its sole discretion, shall constitute a default under these Terms and may result in immediate termination of the Reservation and eviction from the Accommodation without refund. Guestay further reserves the right to charge the Guest’s payment method on file for all associated damages, penalties, and costs incurred as a result of the violation.

3.3      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, but not limited to, 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, or your guest(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. Pets are not permitted in any of the Accommodations.

3.4      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 including, but not limited to,  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 Listing 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.

3.5      Accessibility Disclaimer. Guestay does not guarantee that any Accommodation listed on the Guestay Platform is compliant with the Americans with Disabilities Act (ADA) or any other accessibility standards or requirements. Guests are responsible for independently determining whether a Listing meets their individual accessibility needs before booking.

Hosts are solely responsible for ensuring that their Listings and Host Services  comply with all applicable laws, including but not limited to the Americans with Disabilities Act (“ADA”), the Fair Housing Act, anti-discrimination laws, and local building, safety, and health codes.

Listings may include representations regarding religious accommodations or observances, such as kosher certification, Sabbath-friendly amenities, or proximity to synagogues. Guestay does not guarantee or warrant the accuracy of any Listing’s claim regarding religious accommodations, including but not limited to kosher status. Guests are solely responsible for verifying such claims with the Host directly. Guestay is not liable for any misrepresentations, misunderstandings, or disputes arising from such claims.

3.6         Off-Platform Booking – Guest Prohibition. To maintain the security and integrity of the Guestay Platform, you agree not to solicit, request, or engage in any transaction for Host Services outside the Guestay Platform. This includes, but is not limited to:

• Attempting to book or rebook a stay directly with a Host without using the Guestay Platform;

• Offering to pay a Host directly or through any method not supported by Guestay;

• Requesting or using a Host’s personal contact information for the purpose of arranging an off-platform transaction;

• Circumventing or attempting to circumvent the payment, messaging, or booking features of the Guestay Platform.

3.7      Consequences of Violation. Any attempt to bypass the Guestay Platform, whether successful or not, is a material breach of these Terms. Guestay reserves the right to cancel existing Reservations, suspend or terminate the violating Guest’s account, and pursue recovery of any fees or damages incurred as a result of such conduct.

This restriction remains in effect during your use of the Guestay Platform and for a period of twelve (12) months following your most recent Reservation with the affected Host.

4. Payment

4.1                  Payment. Guestay provides an online Payment Platform, which Members must use. 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.

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.

All payments must be made through the Guestay Platform in accordance with these Terms and Conditions. Direct payments or off-platform bookings are strictly prohibited

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

4.3                  Security Deposits. We may choose to include Security Deposits in the Listings. 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.

4.4                  Overstaying Without our consent. You agree that a confirmed Reservation constitutes a limited license granted by the Host to you to enter and use the Accommodation only for the duration stated in the Reservation and subject to these Terms. You further agree to vacate the Accommodation no later than the designated checkout time in your Reservation, or as otherwise agreed in writing by Guestay or the Host.

If you remain in the Accommodation beyond the authorized checkout time without such written consent, you will no longer have a valid license to occupy the premises, and Guestay or the Host may remove you in accordance with applicable law.

In the event of such an unauthorized overstay, you agree to pay liquidated damages equal to two times the average nightly rate you originally paid, for each 24-hour period (or any part thereof) of your unauthorized stay, plus applicable taxes and any legal or administrative costs incurred in enforcing this provision.

You acknowledge and agree that this amount is a reasonable estimate of the actual damages Guestay and the Host would suffer as a result of your failure to timely vacate, including but not limited to: lost opportunity to rebook, disruption of operations, and reputational harm. This is not a penalty.

You further authorize Guestay to charge any payment method on file to satisfy such liquidated damages without additional notice.

4.5                  Scheduled Payments. We may ask you to make Scheduled Payments toward the total amount owed for a confirmed rental of the applicable Listing. 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 change your payment method of a Scheduled Payment by notifying us in writing (email acceptable) at least three (3) business days before the scheduled date of the payment. we may require you to give written confirmation of a such change 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 such change any future Scheduled Payments. If you have any questions regarding your Scheduled Payments, please contact us.

4.6                  Payment Dispute Resolution Through Guestay. You agree that any disputes related to payments, charges, fees, refunds, or other amounts associated with a Reservation shall be resolved directly through Guestay in accordance with these Terms, and not through your credit card issuer, bank, or payment provider.

Initiating a chargeback or other payment dispute with your card issuer or payment provider without first attempting to resolve the issue in good faith through Guestay shall be considered a material breach of these Terms. In such cases, Guestay reserves the right to suspend or terminate your access to the Guestay Platform, cancel any pending or confirmed Reservations, and/or pursue collection or legal action.

You further agree that Guestay may provide evidence and information related to your transaction to the applicable payment provider to contest any chargeback or dispute initiated in violation of this Section.

5. Indemnification, Insurance and Inspection

5.1                  Indemnification. 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.

5.2                  Inspection, Insurance and Reviews. Inspection upon Arrival. Upon arrival, you are responsible for verifying 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 you 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 [email protected]. 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 be moved from their location, even from one room to another

5.3                  Inspection Prior to Departure. You must leave the Accommodation in the same condition in which you found it on the arrival date and in good repair. You are responsible to inspect the Accommodation for any forgotten personal belongings. Any items left behind after the your departure will be considered legally abandoned (“hefker”) and become Guestay’s property.

5.4                  Accidental Damage Waiver. Every reservation requires a “Rental Damage Plan.” The cost of this plan is $20 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. You authorize the insurance company to remit any amounts payable under the Rental Damage Plan directly to Guestay. Additionally, you acknowledge and agree that Guestay may charge your credit card, without prior notice, for any uncovered or non-reimbursable damages caused by you, any member of your party, or any visitors to the Accommodation during the covered period.. Examples of such are, but not limited to: undue cleaning, eviction, service calls, fines, repairs or replacements plus any applicable taxes.

5.5                  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.

5.6      Host Legal Compliance and Indemnification. Hosts shall comply with all applicable federal, state, and local laws, rules, regulations, ordinances, and industry standards, including but not limited to those relating to data protection and privacy (e.g., CCPA, GDPR where applicable), consumer protection, housing, anti-discrimination, accessibility, taxation, and health and safety.

Hosts shall further indemnify, defend, and hold harmless Guestay and its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, fines, penalties, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(i) any actual or alleged violation by Host of any such laws or regulations; or

(ii) any unauthorized access to, disclosure of, or misuse of Guest personal information by Host or any person acting on Host’s behalf.

6. Content.

6.1      Parts of the Guestay Platform enable you to provide Content. By submitting Content in any form or through any means, you grant Guestay a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to use, copy, modify, create derivative works of, distribute, publish, and otherwise exploit that Content for the purpose of operating, promoting, and improving the Guestay Platform. You retain ownership of your Content; this license simply allows Guestay to facilitate platform functionality and marketing.

This license does not permit Guestay to sell your Content (such as photographs or personal materials) to unrelated third parties for commercial purposes outside the scope of the Guestay Platform. Guestay’s use of your Content is limited to purposes such as displaying Listings, advertising on or off the platform, enhancing search or discovery features, and sharing user reviews or images in Guestay communications and promotions. All such use remains subject to our Privacy Policy where personal information is involved.

 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.

6.2      Guestay’S Review. Guestay reserves the right, but does not assume the obligation, to review, moderate, edit, or remove any Content submitted by Members that violates these Terms, our policies, or applicable law, or that Guestay otherwise deems misleading, inappropriate, or harmful in its sole discretion. This includes the right to disable access to Listings, Reviews, messages, photographs, or any other Member-submitted materials at any time, without notice, where Guestay reasonably believes such Content may pose a legal or reputational risk.

6.3      Members responsibility. Members are solely responsible for the accuracy, legality, and non-infringement of the Content they post. Guestay does not endorse any Content and disclaims all liability related to it.

7. Charges.

7.1                        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 14.2.

Host Terms

8. Hosting on Guestay.

8.1                        Host. As a Host, Guestay offers you the right to use the Guestay Platform in accordance with these Terms to share your Accommodation, or Host Services  with our community of Guests - and earn money doing it. Hosts can create Listings and

have control over setting the price, availability, and house rules for each Listing.

8.2                  Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Guestay Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Guestay’s service fee (and/or applicable taxes) for each booking. Guestay Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms,  and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

8.3                        Independence of Hosts. Your relationship with Guestay is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Guestay, except that Guestay Payments acts as a payment collection agent. Guestay does not direct or control your Host Service, and you understand that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.

9. Managing Your Listing.

9.1                  Creating and Managing Your Listing. The Guestay Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price (including any additional charges), and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts or omissions as well as keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Host Services  and we suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay. Any offer of a Host Service is subject to these Terms.

9.2                  Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services.

For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services  (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts.

For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations.

You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. Hosts agree to comply with all applicable privacy and data protection laws in connection with their handling of Guest personal information. If you have questions about how local laws apply you should always seek legal advice.

9.3                  Search Results. The ranking of Listings in search results on the Guestay Platform depends on a variety of factors, including these main parameters:

• Guest search parameters (e.g. number of Guests, destination, time and duration of the trip, price range),
• Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, Host status, length of time the Listing has been live on the Guestay Platform, Guest engagement and popularity),
• Guest experience (e.g. customer service and cancellation history of the Host, ease of booking),
• Host and Listing requirements (e.g. minimum or maximum nights, booking cut-off time), and
• Guest preferences and history (e.g. previous trips, viewed and saved Listings, location from where the Guest is searching).

Search results may be different on our mobile application than on our website, and may also differ in the map view. Guestay may allow Hosts to promote their Listings in search or elsewhere on the Guestay Platform by paying an additional fee.

9.4                  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 allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all additional fees and charges in your Listing description. You are also responsible for ensuring that all mandatory fees and charges applicable to your Listing are included in your price breakdown. You may not collect any fees or charges outside the Guestay Platform except as expressly authorized by these Terms and Conditions. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Guestay Platform in violation of these Terms and Conditions.

9.5                  Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Guestay Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Guestay Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Guestay.

9.6                  Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business, or other organization, you are responsible and liable as a Host under these Terms for the acts and omissions of each entity and individual who participates in providing your Host Services (and you are responsible for informing personnel engaged by you to deliver any Host Services of your obligations under these Terms. If you accept terms or enter into contracts with third parties, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Guestay to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

9.7                  Accessibility Disclosures. Hosts are solely responsible for accurately describing the accessibility features of their Accommodation, if any. Guestay does not independently verify such features and makes no representations regarding ADA compliance. Hosts shall not state or imply that any Accommodation is ADA-compliant unless they have verified such compliance under applicable laws and standards. Guestay disclaims all liability arising from inaccurate or incomplete accessibility information provided by Hosts.

10. Cancellations, Reservation Issues, and Reservation Modifications.

10.1               Cancellations and Reservation Issues. In general, if a Guest cancels a Reservation, the amount payable to you will be determined by the applicable cancellation policy for that Reservation. As a Host, you are expected not to cancel a Reservation except for a valid reason. Guestay reserves the right, in its sole discretion, to determine whether a Host’s reason for cancellation qualifies as valid under its policies. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Reservation Issue (as defined by the Rebooking and Refund Policy), (ii) a Major Disruptive Event arises, or (iii) a Reservation is canceled under Section 14 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Guestay exceeds your payout, Guestay (via Guestay Payments) may recover that amount from you, including by deducting the refund against your future payouts. You agree that Guestay’s Rebooking and Refund Policy and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. If you Host a Service please note that cancellation policy, Refund Policy for Services and different cancellation fees and consequences apply to your Reservations. See each Policy for details about what is covered, and what your payout will be in each situation.

10.2               Reservation Modifications. Hosts and Guests are responsible for any Reservation Modifications they agree to make via the Guestay Platform or direct Guestay customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Reservation Modifications.

11. Taxes.

11.1               Host Taxes.  As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any Taxes.

11.2               Collection and Remittance by Guestay. In jurisdictions where Guestay facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Guestay to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Guestay are identified to Members on their transaction records, as applicable. Guestay may seek additional amounts from Members (including by deducting such amounts from future payouts) when the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Guestay is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

11.3                    Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Guestay may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services  to facilitate accurate tax reporting.

12. Listing a Service. 

12.1               Creating and Managing Your Listing. To list a Host Service, you must create a Listing and submit the Host Service to Guestay. Host Services must at all times meet the standards and requirements for Host Services. When listing a Host Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent or incidental to the Host Service, (ii) any requirements for participation, such as the minimum age, related skills, or level of fitness, (iii) the location(s) where the Host Service may lawfully be performed, and (iv) any applicable licenses, permits, certifications, and registrations you hold to perform the Host Service in those locations, and (v) anything else they may need to know to safely participate in the Host Service (including dress codes, equipment, special certifications or licenses, etc.). Guestay reserves the right to decide, in its sole discretion, whether a submitted Host Service will be published on the Guestay Platform.

The Guestay Platform provides tools and services that make it easy for you to set up and manage a Listing. You are solely responsible for reviewing, approving, and ensuring the completeness and accuracy of all information and Content included in your Listing at all times, regardless of whether you make use of the Guestay Platform tools and services, or any other third-party tools or services, to assist in creating or updating your Listing.

12.2               Content. If the Content you provide or approve for inclusion on your listing includes your or a third party’s name, image, likeness, or voice, by providing Content, you authorize Guestay to use all such names, images, likenesses or voices to promote, market or provide information about the Guestay Platform, in any media or on any platform, known or unknown to date and in particular on the Internet and social networks. If any third party’s name, image, likeness, or voice is contained in Content included on your Listing pages, you represent and warrant that you have obtained or will obtain a written release from all such third parties granting Guestay the rights and permissions outlined in this paragraph before providing or approving such Content through the Guestay Platform. You agree to provide Guestay, upon request, with a copy of any such written release. You are responsible and liable if any of your Content violates or infringes the intellectual property, privacy rights, or publicity rights of any third party.

12.3               Hosting Guestay Guests. Once your Host Service is published on the Guestay Platform, you will have the ability to add dates and times when you offer your Host Service through the Guestay Platform (an "Instance"). By making an Instance of your Host Service available on the Guestay Platform, you agree that only people who book through Guestay can attend that Instance of the Host Service. You further agree that you will not allow people to attend any Instance of your Host Service available on the Guestay Platform unless that person booked through Guestay (or was added as an additional Guest for a spot booked through the Guestay Platform).

12.4                   Equipment.  You are responsible for providing all equipment, including supplies, vehicles, venues and other materials ("Equipment") necessary to host your Host Service. You are solely responsible for ensuring that the Equipment used in your Host Service is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment. This Section shall not apply to Equipment ordinarily made available for your use by the guest (for example, a stove made available by a guest for a private meal) or as otherwise expressly agreed by you and the guest.

12.5               Additional Host Responsibilities. You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Host Service, ii) obtaining and maintaining any required licenses, permits, certifications, authorizations or registrations prior to providing your Host Service; (iii) retaining, keeping up to date, and preserving the documentation needed to verify these licenses, permits, and registrations, (iv) providing evidence of such compliance to Guestay or its designated agent upon request, or as required on the Guestay Platform, and notifying Guestay if you are no longer in compliance, and (v) ensuring that your Listing and/or Hosting of a Host Service will not breach any agreement you may have with any third party. In addition, to the maximum extent permitted by law, you are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you provide access to any Accommodation, all areas and facilities where the Accommodation is located that the Host and Guest are legally entitled to use in connection with the Accommodation (“Common Areas”). For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable damage amounts reported, and (iii) you must act with integrity, treat others with respect and comply with applicable laws at all times.

12.6               Timing of Payouts. Subject to and conditional upon successful receipt of the payments from Guest, Guestay Payments will initiate Payouts for Host Services, (i) 8 days after the start of any photography Host Service; (ii) by the end of the business day after the start of the any other Host Service; or (iii) at the time specified by the Guestay platform.

12.7               Proprietary Rights and No Publicity. You will not use, distribute, or modify any Guestay trademarks, text, images, videos, documents, or other content of Guestay except as permitted in these Terms and Conditions. You may not issue a press release in connection with these Terms and Conditions or otherwise utilize Guestay's aforementioned intellectual property, without the prior written consent of Guestay.

12.8               Termination. As a Host, you may terminate this agreement for any reason and at any time by sending us an email or by removing all of your Host Services  from the Guestay Platform. Guestay may terminate this agreement, stop providing access to the Guestay Platform, deactivate your account, remove your Listing(s), or any combination thereof, for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. Guestay may also terminate this agreement, stop providing access to the Guestay Platform, deactivate your account, remove your Listing(s), or any combination thereof, immediately and without notice if: (i) you materially breach this agreement and/or our other Terms or Policies, (ii) you materially fail to comply with the standards and requirements for Host Services, (iii) any required licenses, permits, or registrations to perform your Host Service expired or were revoked and are not renewed or reinstated within 7 days of expiration or revocation, (iv) you violate applicable laws, or (v) we reasonably believe termination is advisable to protect Guestay, its Members or third parties. If your Listing has been inactive for 120 or more days, we may remove it from Guestay.

12.9               Hosting as a Team or Organization. You must provide your Host Service in person and may not allow any third party to provide the Host Service on your behalf, unless authorized by Guestay. Any member of a team, business, or organization that interacts with Guests must be added to a Host Service via the method designated by the Guestay Platform. Contact Guestay for information about hosting as part of a team, business or organization.

12.10             Insurance. You agree to obtain and maintain at your expense any insurance required by law in addition to liability insurance with limits appropriate and customary for your business and providing primary coverage for your liability and the liability of any of your employees or agents working with you or on your behalf for third party bodily injury and property damage arising from your Host Service. If your Host Service involves the use of a motor vehicle(s), you are responsible for obtaining and maintaining at your expense primary motor vehicle liability insurance with limits required by law and covering you and others while the motor vehicle(s) is operated in the course of carrying out the Host Service. We may also, acting reasonably and with reasonable advance notice, require that you obtain other types and limits of insurance at your expense and/or name Guestay as an additional insured under any policy you are obligated to maintain under this Section in order to publish or continue Listing a Host Service on the Guestay Platform. We will provide you with reasonable notice of any changes to these insurance requirements that apply to your Host Service. In such cases, you agree to obtain and maintain insurance at your expense for you, any employees or agents working with you or on your behalf, and/or your Host Service with the coverages and limits reasonably determined by us for any and all activities that take place on your Accommodation. You agree to cooperate with Guestay and our third-party insurance partners to verify all insurance you are required to maintain, including promptly providing proof of such insurance upon request. If any insurance you are required to maintain under this Section lapses or is cancelled, you agree to notify Guestay of this immediately. In the event that Guestay has obtained its own liability insurance that covers your Host Service, insurance maintained by you will be the primary source of coverage for any third-party claims and our liability insurance will apply only as excess coverage, providing secondary coverage for claims exceeding the limits of insurance you maintain or in cases where your insurance does not respond. Our procurement of such secondary insurance coverage does not relieve you of your obligation to obtain and maintain insurance with limits required by us. You agree to reasonably cooperate with us and our third-party insurance partners in the event of a claim under such secondary insurance for purposes of assisting us with our compliance with insurance obligations. This includes, but is not limited to timely and accurately providing information to both us and our third-party insurance partners, assisting in the claim investigation, and complying with reasonable requests relating to the claim. You further agree to promptly notify us and the insurer of any insurance policies you maintain under this Section of any incident or accident giving rise to third party bodily injury or property damage arising from your Host Service.

12.11             Severability. If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

12.12             Modifications to these Terms. Guestay reserves the right to modify these Terms at any time.

12.13             Guestay Intellectual Property and Branding. All rights, title, and interest in and to the Guestay name, logo, branding, platform design, website content, proprietary tools, documentation, software, and all other intellectual property (collectively, “Guestay IP”) are and shall remain the exclusive property of Guestay or its licensors. This includes any Content created or commissioned by Guestay and all derivatives thereof.

Except as expressly authorized in writing by Guestay or as permitted through normal use of the Guestay Platform, you may not use, reproduce, display, distribute, modify, or create derivative works based on any Guestay IP. Without limiting the foregoing, you agree that:

• You will not use the Guestay name, logo, or branding in any domain name, website, social media handle, marketing material, or listing description outside of the Guestay Platform without Guestay’s prior written consent.

• You will not imply any partnership, endorsement, sponsorship, or affiliation with Guestay unless expressly authorized in writing.

• You will not use Guestay IP in any manner likely to cause confusion about source or ownership.

User-generated Content is governed by Section 6 of these Terms. By submitting any Content to the Guestay Platform, you grant Guestay a broad license to use, reproduce, adapt, and exploit such Content. However, this license does not confer any ownership rights to you in Guestay IP. You are solely responsible for ensuring that your submitted Content does not infringe upon any intellectual property, privacy, or publicity rights of any third party.

Guestay reserves the right to remove or restrict any Content or use of its IP that violates these Terms or applicable law, and to pursue any available legal remedies for unauthorized use.

12.14   Off-Platform Transactions Prohibited. To preserve the integrity of the Guestay Platform and ensure the safety and trust of all Members, Hosts and Guests agree not to circumvent Guestay by initiating or accepting bookings, payments, or communications for Host Services outside of the Guestay Platform. This includes, but is not limited to:

• Soliciting or accepting direct payment from a Guest or prospective Guest outside of the Guestay Platform;

• Sharing personal contact information (e.g., phone number, email, website, social media handles) for the purpose of facilitating an off-platform transaction;

• Redirecting a Guest or potential Guest to book through another website or platform;

• Offering discounted pricing or other incentives for booking outside of Guestay.

Any such conduct is a material breach of these Terms and may result in immediate suspension or termination of the Member’s account, removal of Listings, and other legal or administrative action. Guestay reserves the right to seek reimbursement for any lost fees or damages arising from such activity.

This provision applies during the term of any Listing and for a period of twelve (12) months thereafter.

General

13. Guestay Platform Rules.

13.1               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 lie, misrepresent something or someone, or pretend to be someone else.
• Be polite and respectful when you communicate or interact with others.
• Follow our policies and do not discriminate against or harass others.
• Do not scrape, hack, reverse engineer, compromise or impair the Guestay Platform
• Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Guestay Platform.
• Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Guestay Platform or Content.
• Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Guestay Platform.
• Do not take any action that could damage or adversely affect the performance or proper functioning of the Guestay Platform.
• Only use the Guestay Platform as authorized by these Terms or another agreement with us
• You may only use another Member’s personal information as necessary to facilitate a transaction using the Guestay Platform as authorized by these Terms.
• Do not use the Guestay Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
• You may use Content made available through the Guestay Platform solely as necessary to enable your use of the Guestay Platform as a Guest or Host.
• Do not use Content unless you have permission from the Content owner, or the use is authorized by us in these Terms or another agreement you have with us.
• Do not request, make, or accept a booking or any payment outside of the Guestay Platform to avoid paying fees, taxes or for any other reason.
• Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third-party website, application or service before, during or after a Reservation, unless authorized by Guestay.
• Do not engage in any practices that are intended to manipulate our search algorithm.
• Do not book A Listing unless you are actually using the Listing.
• Do not use, copy, display, mirror or frame the Guestay Platform, any Content, any Guestay branding, or any page layout or design without our consent.
• Honor your legal obligations
• Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
• If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
• Read and follow our Terms and Privacy Policy.
• Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events, as incorporated by reference herein.
• Do not use the name, logo, branding, or trademarks of Guestay or others without permission.
• Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Guestay branding.
• Do not offer or solicit prostitution or participate in or facilitate human trafficking.

13.2               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.

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

14. Termination, Suspension and other Measures.

14.1               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.

14.2               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 10 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 Guestay determines there is an emergency, you breach these Terms, you violate our policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Guestay, its, Hosts