TERMS OF SERVICE OVERVIEW
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH H.C.H (DEFINED BELOW) MAY APPLY AVAILABLE APARTMENTS (DEFINED BELOW) FOR SUBLETTING SERVICES AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS.
“H.C.H Content” means all Content that H.C.H makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content. “Collective Content” means Member Content and H.C.H Content. “Content” means text, graphics, images, music, software, audio, video, information or other materials. “Guest” means a Member who requests a booking of an Accommodation via the Site or Services, or a Member who stays at an Accommodation. “Listing” means an Accommodation that is listed for rental via the Site and Services. “Member” means a person who completes H.C.H’s account registration process or submits their apartment to the subletting program, including, but not limited to Leaseholders and Guests. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services. Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE Site. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
H.C.H reserves the right, at its sole discretion, to modify the Site, or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, or Services you represent and warrant that you are 18 or older.
HOW THE SITE AND SERVICES WORK
The Site and Services can be used to facilitate the application and booking of residential and other properties (“Accommodations”). Such Accommodations are included in Listings on the Site and Services by H.C.H. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book an Accommodation you must first register to create an H.C.H Account (defined below). As stated above, H.C.H makes available a platform with related technology for Guests for bookings of Accommodations.
In order to access certain features of the Site, and to book an Accommodation, you must register to create an account (“H.C.H Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site, as described below. As part of the functionality of the Site and Services, you may link your H.C.H Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Sonder through the Site, Services or ; or (ii) allowing H.C.H to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to H.C.H and/or grant H.C.H access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating H.C.H to pay any fees or making H.C.H subject to any usage limitations imposed by such third party service providers. By granting H.C.H access to any Third Party Accounts, you understand that H.C.H will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and via your H.C.H Account and H.C.H Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Sonder Account on the Site, Services and . Please note that if a Third Party Account or associated service becomes unavailable or H.C.H’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and . PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. H.C.H makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and H.C.H is not responsible for any SNS Content. We will create your H.C.H Account and your H.C.H Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active H.C.H Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. H.C.H reserves the right to suspend or terminate your H.C.H Account and your access to the Site and Services if you create more than one (1) H.C.H Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your H.C.H Account, whether or not you have authorized such activities or actions. You will immediately notify H.C.H of any unauthorized use of your Sonder Account.
You can submit properties to our subletting program. To this end, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation and pricing and related rules and financial terms.
BOOKINGS AND FINANCIAL TERMS FOR GUESTS
DAMAGE TO ACCOMMODATIONS
As a Guest, you are responsible for leaving the
Accommodation in the condition it was in when you arrived. You
acknowledge and agree that, as a Guest, you are responsible for your
own acts and omissions and are also responsible for the acts and
omissions of any individuals who you invite to, or otherwise provide
access to, the Accommodation. In the event that H.C.H claims other
wise and provides evidence of damage, including but not limited to,
photographs, you agree to pay the cost of replacing the damaged items
with equivalent items. After being notified of the claim and given
forty eight (48) hours to respond, the payment will be charged to and
taken from the credit card on file in your H.C.H Account. H.C.H also
reserves the right to charge the credit card on file in your H.C.H
Account, or otherwise collect payment from you and pursue any avenues
available to H.C.H in this regard, including using Security Deposits,
in situations in which you have been determined, in H.C.H’s sole
discretion, to have damaged any Accommodation, including, but not
limited to, in relation to any payment requests made by H.C.H, and in
relation to any payments made by H.C.H. If we are unable to charge
the credit card on file or otherwise collect payment from you, you
agree to remit payment for any damage to the Accommodation to H.C.H
(if applicable). Guests agree to cooperate with and assist H.C.H in
good faith, and to provide H.C.H with such information and take such
actions as may be reasonably requested by H.C.H, in connection with
any complaints or claims made by Members relating to Accommodations
or any personal or other property located at an Accommodation or with
respect to any investigation undertaken by H.C.H or a representative
of H.C.H regarding use or abuse of the Site, or the Services. If you
are a Guest, upon H.C.H’s reasonable request, and to the extent you
are reasonably able to do so, you agree to participate in mediation
or similar resolution process with a H.C.H, at no cost to you, which
process will be conducted by H.C.H or a third party selected by
H.C.H, with respect to losses for which H.C.H is requesting payment.
If you are a Guest, you understand and agree that H.C.H reserves the
right, in its sole discretion, to make a claim under your
homeowner’s, renter’s or other insurance policy related to any
damage or loss that you may have caused or been responsible for to an
Accommodation or any personal or other property located at an
Accommodation. You agree to cooperate with and assist H.C.H in good
faith, and to provide H.C.H with such information as may be
reasonably requested by H.C.H in order to make a claim under your
homeowner’s, renter’s or other insurance policy, including, but
not limited to, executing documents and taking such further acts as
H.C.H may reasonably request to assist H.C.H in accomplishing the
Damaged or Lost Keys/Door Openers – Guest(s) shall be responsible for the costs of replacing lost keys, door openers or for any damage caused by abuse or neglect. There will be a minimum charge of $75 for lost keys and minimum $100 for each of the following lost items; remote fob’s, security/parking passes, and garage door remote controls. A lock out charge of minimum $100 will be billed to the Guest(s) account for any required re-access to their Suite.
You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations, that may apply to your use of the Site, Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not: * use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, , Services or Content; * use the Site, or Services for any commercial or other purposes that are not expressly permitted by these Terms; * copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms; * infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; * interfere with or damage our Site, or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; * use our Site, or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; * use our Site, or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence; * “stalk” or harass any other user of our Site, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an H.C.H Guest; * register for more than one H.C.H Account or register for an H.C.H. Account on behalf of an individual other than yourself; * impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; * use automated scripts to collect information or otherwise interact with the Site, or Services; * or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; * systematically retrieve data or other content from our Site, or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; * use, display, mirror or frame the Site, or any individual element within the Site, Services, or H.C.H’s name, any H.C.H trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without H.C.H’s express written consent; * access, tamper with, or use non-public areas of the Site, Sonder’s computer systems, or the technical delivery systems of H.C.H’s providers; * attempt to probe, scan, or test the vulnerability of any H.C.H system or network or breach any security or authentication measures; * avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by H.C.H or any of H.C.H’s providers or any other third party (including another user) to protect the Site, Services, or Collective Content; * forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, or Collective Content to send altered, deceptive or false source-identifying information; * attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, or Collective Content; or * advocate, encourage, or assist any third party in doing any of the foregoing. H.C.H will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. H.C.H may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that H.C.H has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. H.C.H reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that H.C.H, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, or Services.
Site, Services, and Collective Content are protected by copyright,
trademark, and other laws of U.S.A. You acknowledge and agree that
the Site, Services and Collective Content, including all associated
intellectual property rights is the exclusive property of H.C.H
and its licensors. You will not remove, alter or obscure any
copyright, trademark, service mark or other proprietary rights
notices incorporated in or accompanying the Site, Services, or
H.C.H CONTENT AND MEMBER CONTENT LICENSE
Subject to your compliance with the terms and conditions of these Terms, H.C.H grants you a limited, non-exclusive, non-transferable license, to (i) access and view any H.C.H Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by H.C.H or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to H.C.H a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services. H.C.H does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Sonder the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or H.C.H’s use of the Member Content (or any portion thereof) on, through or by means of the Site, and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of H.C.H used herein are trademarks or registered trademarks of H.C.H. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com or through the contact section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of H.C.H and you hereby irrevocably assign to H.C.H and agree to irrevocably assign to H.C.H all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At H.C.H’s request and expense, you will execute documents and take such further acts as Sonder may reasonably request to assist H.C.H to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
H.C.H respects copyright law and expects its users to do the same. It is H.C.H’s policy to terminate in appropriate circumstances the H.C.H Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
TERMINATION AND H.C.H ACCOUNT CANCELLATION
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your H.C.H Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event H.C.H terminates these Terms, or your access to our Site and Services or deactivates or cancels your H.C.H Account you will remain liable for all amounts due hereunder. You may cancel your H.C.H Account at any time by sending an email to firstname.lastname@example.org. Please note that if your H.C.H Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT H.C.H DOES HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO ALL GUESTES, VISITORS,RESIDENTS,OCCUPANTS, WILL CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION AND BY AGREEING TO THE TERMS YOU HEREBY CONSENT THERETO. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, H.C.H EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. H.C.H MAKES NO WARRANTY THAT THE SITE, SERVICES AND COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. H.C.H MAKES NO WARRANTY REGARDING THE QUALITY OF ANY ACCOMMODATIONS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM H.C.H OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, BOOKING OF ANY ACCOMMODATIONS VIA THE SITE AND SERVICES. NEITHER H.C.H NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, , OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES,OR FROM YOUR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT H.C.H HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL H.C.H’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE , SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ACCOMMODATION, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN H.C.H AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold H.C.H and its affiliates and subsidiaries, and their officers, directors, employees and agents, 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 (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, (iii) the use, condition or rental of an Accommodation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation.
These Terms constitute the entire and exclusive understanding and agreement between H.C.H and you regarding the Site, Services, Collective Content, and any bookings of Accommodations made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between H.C.H and you regarding bookings or listings of Accommodations, the Site, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without H.C.H’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. H.C.H may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by H.C.H (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the . For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
CONTROLLING LAW AND JURISDICTION
These Terms will be interpreted in accordance with the laws of State of Texas in the u.s.a in Harris county in Houston. For any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
By proceeding with booking with H.C.H you authorizes HCH Houston Corporate Housing (dba’s:
hostingzak, pleasant stay) to: (1) obtain a copy of Applicant’s credit report; (2) obtain a criminal background check related to Applicant and any occupant; and (3) verify any rental, employment, or criminal history or verify any other information.
These Terms & Conditions are applicable on all Reservation between HCH Houston Corporate Housing (dba’s pleasant stay, hostingzak) (or we, us) and our clients (Guest(s) or them, their) for the rental of fully furnished long or short-term accommodations (Suite).
1. PAYMENT – All prices are quoted in US Dollars including prices shown in our brochures, emails, or on our website. Guest(s) agree to pay the rental of the Suite/s for the duration of the Reservation & any reservation extension and any/all applicable fees for additional services requested by the Guest(s). Payment can be made to HCH Houston Corporate Housing by Company Check, Money Order, Wire transfer, MasterCard, VISA, and American Express. Cash is not accepted. For the duration of the reservation and any extension of it, the Guest(s) agrees to pay fees for the rental of the Suite and any additional chargeable services utilized. Unless otherwise arranged or agreed, any balances owing will be charged to the credit card account on file without further notice. All new reservations of one month or less must be paid in full prior check in. Any reservation longer than one month will be billed on a monthly basis (every 30 days from the original move in date), initial payment is made any time prior check in and include the first month rent cleaning/process fee, refundable deposit and any other fees such as pet fees etc ). We reserve the right to terminate any reservation if payment does not reach us within 1 days after the invoice has been sent to the guest. A Security/cancellation Deposit of $500 (or other amount specified in the reservation & invoice) will be required by HCH Houston Corporate Housing at the time of Booking and this deposit will be returned to the Guest(s), within 30 days following departure (minus any damages to the property).
If we do not receive a monthly payment in the full amount 1 day after due date by 11:59am, a late payment of $100, will be assessed and the total balance due will be charged to the credit card used by the Guest to secure/pay for the accommodation, without further notice to the credit card holder. In addition, a 3.7% penalty fee of the amount due will be applied to the charge as well. If we won’t be able to charge the card for full or partial payment, additional late fess in the amount of $50 per day will be assessed until the full outstanding balance has been paid by the Guest. Postmark date is not considered when administering late fees so please make sure that all payments are made in a timely manner. Any unpaid charges are reportable to credit reporting agencies.
2. LIABILITY & INSURANCE – The Guest(s) agree to indemnify HCH Houston Corporate Housing against loss, injury, damage, cost, action or cause of action of any nature whatsoever caused by any of the Guest(s), Permitted Occupant(s) or of any person they invite into the Suite. HCH Houston Corporate Housing is not liable in any way for any lost, damaged or stolen items of the Guest(s) used or contained in the Suite during the Guest(s) stay or left in the Suite once the Guest(s) has vacated. The Guest(s) hereby releases, remises, and forever discharges HCH Houston Corporate Housing, its Officers, Directors, Managers, Employees, Agents and Contractors, from any and all liability, injury, loss and damages, including personal injury and death that may arise from or in relation to the Guest(s) exclusive possession of the Suite and use the Suite until the Departure Date, whenever or however they occur. The Guest(s) are also responsible for maintaining all practical care of the Suite and its contents. Except in the case of normal wear and tear, the Guest(s) are responsible for any damage to the Suite or its contents during their stay which has occurred due to the negligence, willful default or irresponsible behavior on the part of the Guest(s) or those occupying the Suite or their guests. Any damage must be reported to HCH Houston Corporate Housing by the Guest(s), without delay. Guest(s) will ensure that nothing is done which may jeopardize HCH Houston Corporate Housing insurance policy or any part of it in respect of the Suite and its contents. The Guest(s) and occupants are advised to maintain appropriate liability insurance and homeowners and/or tenants insurance for their own personal possessions. Without prejudice to any other right the Guest(s) may forfeit their security deposit (or an appropriate proportion of it) if they do not comply with the Terms and Conditions set forth herein.
3. CHECK-IN & CHECK-OUT – The Guest(s) are requested to vacate their Suite by 11:00am and arriving guests to check-in after 3:00 P.M. Guest must present his ID and Credit card( if cc was used for payment) upon check in to HCH agent, the agent will document it by taking a picture of it & have the guest sign on our check in form. Instruction on the return of the keys, passes and remotes will be given one day prior move out if you didn’t receive them please contact us via phone, email, sms to ask for check out instructions. If there is any delay in vacating the Suite beyond the agreed time, the Guest will be charge $100 for every extra hour stayed in the Suite. The Guest must vacate all his belongings at checkout time, HCH Houston Corporate Housing will not be responsible for any left behind items, charges will be applied to the guest in cases where third party movers will be required in order to remove the guest belongings.
4. CONFIRMATION CHANGES – RESERVATION CHANGES
Early check-out dates modifications for reservations of 30 and more days require a thirty (30) day notice in writing (Email is acceptable as far as there is a response from HCH agents) and will be subject to a standard cancellation penalty of one month rent amount.
Reservations of less than 30 days cancelled by the guest or in case the guest notified HCH on an earlier check out date and that after the guest checked in, will not be refunded and the current reservation will be fully charged on the day of the cancellation notification.
Any confirmed extension cancelled by the guest will not be refunded and will be fully charged. You authorize HCH Houston corporate housing LLC to charge the credit card on file – the credit card that is associated with the deposit/cancellation payment to cover any balance owe.
Acceptance of changes in check-in dates remains at the sole discretion of HCH Houston Corporate Housing.
Any changes modified in a confirmed reservation may be subject to an administration charge of $40.00 per reservation.
In extreme circumstances, HCH Houston Corporate Housing may find it necessary to cancel a reservation and if so, HCH Houston Corporate Housing shall make all practical efforts to offer a comparable alternative. If the alternative is not acceptable, HCH Houston Corporate Housing will refund any sum paid in advance; which shall constitute full and final settlement of any liability HCH Houston Corporate Housing may have as a result of such cancellation.
5. CANCELLATION PRIOR TO MOVE-IN – HCH Houston Corporate Housing must be notified of any reservation cancellation in writing (email is acceptable as long as there is a response from one of HCH Agents) earlier than fourteen (14) days prior to the start date of the reservation, and the Guest(s) will forfeit his/her Security Deposit as a cancellation penalty. Any reservation of 30 and more days cancelled after the 14-days mark prior check in will be subjected to a month rent amount and will require a notice in writing (email is acceptable as long as there is a response from one of HCH Agents). Cancelling reservation of 30 and more days that was booked less than 14 days prior the reservation start date will require a notice in writing and are subject to a standard cancellation penalty of one month rent amount. Any reservation of less than 30 days cancelled any time prior move in will not be refunded and will be fully charged (if still not paid) on the day the cancellation was accepted by HCH Houston Corporate Housing. You authorize HCH Houston corporate housing to charge the credit card on file – the credit card that is associated with the deposit/cancellation payment to cover any balance owe
6. RATE CHANGES – HCH Houston Corporate Housing rates are subject to possibly change any time a Reservation Contract is renewed. Rates do not change during the term of an existing Reservation Contract.
7. CUSTOMER DISSATISFACTION – If the Guest(s) should find accommodations to be other than as represented, HCH Houston Corporate Housing will make every effort to remedy the problem, and in extreme situations will attempt to move the Guest(s) to another Suite if available. In the event a substitute Suite is found which rents at a higher rate than originally booked, the Guest(s) may be asked to pay the difference. While HCH Houston Corporate Housing will do everything possible to accommodate the Guest(s) needs, HCH Houston Corporate Housing is not responsible for situations and conditions which are beyond our control such as: bad weather; airline delays; labor strikes; or the failure of a previous Guest to vacate the Suite.
8. TERMINATION OF RESERVATION CONTRACT – HCH Houston Corporate Housing has the right to terminate a Reservation Contract at any time on the grounds of abuse to staff or other guests, mistreatment of the Suite, or criminal activity, refusal to pay rent, pet disturbance, on the part of those occupying the Suite or their guests. In such circumstances HCH Houston Corporate Housing is not obliged to provide or attempt to locate alternative accommodation. The period of notice and the refund applicable are entirely at the discretion of HCH Houston Corporate Housing
9. RULES & REGULATIONS – Guest(s) and all other occupants acknowledge and agree to comply with By-Laws and Rules & Regulations of the building and/or condominium association during the term of the contract. If Guest(s) fails to follow these rules HCH Houston Corporate Housing has the right to terminate the contract for misconduct without refund. Guest(s) and all other occupants must keep their personal belongings inside the Suite (bicycles, shoes, door mats, carriages, umbrellas cloths etc. are not permitted to be left in the hallways or passageways or balconies/patio).
It is forbidden for the Guest(s) to:
• Cause a disturbance or interference of comfort to other residents of the building;
• Cook outside of the kitchen area;
• Block toilets, sinks, tubs or other water fixtures with garbage or other substances;
• Barbeque on the balconies or terraces;
• Hang clothes, towels or bathing suits on balconies, windows or terraces;
• Post any ads, notices or any other signs anywhere in the buildings;
• Remove dishes, cookware or any other equipment or furnishings from the Suite;
• Use Roller Blades, bicycles or skateboards in all areas of the building;
• Leave windows open when Suite is not inhabited;
• Install additional locking devices on any doors;
• Leave garbage or debris in any common area not designated for waste disposal
• Leave children under the age of twelve (12) unattended in any common areas of the building;
• Tamper with Smoke Detectors or Fire Extinguisher
• Any modification to the apartment interior or exterior
Any moved furniture must be returned to its original location prior to the Guest(s) Departure; any damages caused by such movement will result in additional fees.
may not solicit or peddle, nor use their Suite for other than
An excessive level of noise will not be tolerated at any time.
10. OCCUPANCY – Only persons notified to HCH Houston Corporate Housing in advance may occupy the Suite overnight. Guest(s) are not permitted to sublet the Suite to any other third party. The number of persons permitted to occupy the Suite is limited to the number indicated on the Online Reservation including children and overnight guests. HCH Houston Corporate Housing reserves the right to refuse admittance to the Suite if this condition is not complied with.
SMOKING – In accordance with
Provincial law, and for the comfort of all its guests, HCH Houston
Corporate Housing offers a smoke-free environment. There will be No
Smoking or burning of candles or incense permitted in any property
managed by HCH Houston Corporate Housing. Individuals smoking in the
Suites will be subject to eviction and responsible for complete
sanitation and restoration costs.
12A. Authorized Pets – Some, but not all, of the properties where HCH Houston Corporate Housing has Suites permit pets. For any Suite where pets are permitted, a Pet fee & pet deposit specified in the reservation will be charged prior check in, in case of Complaints from the property management on pet disturbance the guest must resolve the disturbance within 24hr or vacate the pet from the suite.
12B. Unauthorized Pets – If Guest is found to have an unauthorized pet in the Suite, HCH Houston Corporate Housing may take any of the following actions: 1) Declare the Guest to be in default of this online reservation, 2) charge the Guest an initial penalty of $500 and an additional $100 per day for each day that the pet remains in the Suite, 3) remove (or cause to be removed) any unauthorized pet by local authorities by providing 24 hour written notice to the Guest of our intention to remove the unauthorized pet(s) and 4) charge the Guest for – the pet removal, any extermination for fleas or other insects, any cleaning or deodorizing, and any repairs to the Suite or its contents.
13. RIGHTS OF ACCESS
13A. HCH Houston Corporate Housing, or our authorized agents, may at any time access the Suite for the purpose of inspection of the Suite. To carry out repair or maintenance work. HCH Houston Corporate Housing will make reasonable effort to give advance notice to the Guest(s).In case we don’t hear or receive a call back or email after several attempts to reach out to the guest within 24hr our authorized agents will access the suite for safety inspection.
13B. Trip Charges – If HCH Houston Corporate Housing has made prior arrangements to access the Suite and are denied access by the Guest upon arrival for any reason, a trip charge of $100 will be assessed to the Guest.
14. FACILITIES & SERVICES – All Suites are fully furnished and include a kitchen fully operational with appliances, cutlery, and kitchen utensils. No food is provided. Suites are equipped with entertainment centers, linen and towels. A full inventory of equipment and utensils will be in the Suites. No items may be removed from the Suite. Unless otherwise specified, the prices quoted include heating, electricity, gas (if applicable), water, secure wireless internet connection, and basic cable television or smart TV option or both. Any extra facilities and charges are solely at HCH Houston Corporate Housing Housing’s discretion.
15A. Damaged or Lost Keys/Door Openers – Guest(s) shall be responsible for the costs of replacing lost keys, door openers or for any damage caused by abuse or neglect. There will be a minimum charge of $75 for lost keys and minimum $100 for each of the following lost items; remote fob’s, security/parking passes, and garage door remote controls. A lock out charge of minimum $100 will be billed to the Guest(s) account for any required re-access to their Suite.
15B. Television & Internet – Basic cable and/or digital television/fire sticks are provided in each Suite. Any additional services, such as movie rentals or additional channels will incur fees and administration fees. Each Suite has been equipped with HCH Houston Corporate Housing a modem for wireless Internet. Upon departure, all equipment must remain in the Suite or the guest will be responsible for a charge of $250.00 each for replacement of the modem and/or the receiver. Because cable service, internet service, water service, electric service, and gas service (if applicable) are provided through 3rd party providers, HCH Houston Corporate Housing is not responsible for any outages of service that may occur during the guests stay.
15C. Housekeeping & Utilities – Guest(s) are responsible for maintaining the overall cleanliness and condition of the interior of the Suites. Upon departure, Guest(s) are expected to leave the Suite in the same condition that we have provided or be billed a minimum of $90 for additional cleaning costs associated with the state of the Suite such as waste removal. Extra housekeeping charges will apply for any Suite which requires more time than normally allocated for a clean out to return the Suite to HCH Houston Corporate Housing standards. HCH conducts a final cleaning and inspection of each Suite upon Guest(s) departure. Basic utilities (electricity, hot-water, heating, air-conditioning, etc) are included in the rental rate. However, the Guest(s) must ensure that all lights and small appliances are turned off, and air-conditioning & heating units should be turned down to save energy when the Suite is unoccupied. Extra charges may apply if any utilities bill rises above and beyond the standard usage costs for the specific Suite rented. Approximate standard usage costs are $125 per month for a 1 bedroom, $150 per month for a 2 bedroom, and $175 per month for a 3 bedroom.
16. Parking – Guest may permit vehicles to be parked only in designated common parking areas and in any parking, spaces reserved specifically for the Guest, or in the street if not prohibited by law, on-site management company, or an owners’ association. In most cases, an on-site management company, HOA, or other 3rd party that has authority over the parking areas affiliated with the parking area where the Suite is located and may have its own specific parking rules that may be enforced by itself or another 3rd party at any time and it is the Guest’s responsibility to personally verify what areas and parking spaces that he or she is authorized to park in before attempting to park in them. It is also the Guest’s responsibility to verify (before attempting to park in an area) with any on-site management company HOA, or any other 3rd party who has authority over the parking areas affiliated with the Property as to whether a parking sticker, parking pass, or any or verification mechanism is required to park in any areas or parking spaces. If any such parking pass, parking sticker, or other mechanism is required it is the Guest’s responsibility to display them or utilize them in the specific method required by any on-site management company, HOA, or 3rd party requires. HCH Houston Corporate Housing is not responsible for any financial costs that the Tenant may incur from committing any parking violations during their stay in the Suite including (but not limited to) towing and/or parking tickets.
17. Damages – Guest should Report damages within 48 hours of move-in to the Suite. This can be done by email to email@example.com. If Guest fails to report any damage found in the apartment within 48 hours of move-in, the Suite will be deemed to be free of damages. Any damages that are found by HCH Houston Corporate Housing upon Guest’s move-out will be charged to the Guest and subtracted from their Security Deposit. If the cost exceeds the deposit it will be charged from the back up credit card on file.