HYATUS GUEST ACCOMMODATION AGREEMENT

This Guest Accommodation Agreement (this “Agreement”) governs any reservation, booking, stay, or occupancy of any accommodation arranged, operated, or managed by the Hyatus Parties (defined below), whether booked directly or through a Third-Party Platform. By clicking “Book,” “Confirm,” “Agree,” signing, paying, checking in, receiving access information, entering the Property, or otherwise using the Property or any related common/amenity areas, you agree to this Agreement.

1. CONTRACTING PARTY; DEFINITIONS

1.1 Contracting party

This Agreement is entered into by and between you and OPG MGT1 LLC (the “Company”).

1.2 Hyatus Parties

“Hyatus,” “we,” “us,” or “our” means the Company and, where applicable, its parents, subsidiaries, affiliates, related entities, owners, members, managers, officers, employees, contractors, and service providers (collectively, the “Hyatus Parties”).

1.3 Guest; Occupants; Visitors

• Guest (sometimes referred to in communications as a “Client”) means the person who makes the reservation and is responsible for the stay.
• Occupants means all persons who stay overnight at the Property during the reservation.
• Visitors means all persons who enter the Property, building/community, or any related common areas or amenities during the reservation, whether or not they stay overnight.

1.4 Property; House Rules; Community Rules

• Property means the accommodation/unit reserved, plus any areas and appurtenances made available to you by Hyatus Parties.
• House Rules means the property-specific rules disclosed on the listing/booking page, in your confirmation, pre-arrival messages, signage, and any other written instructions provided by Hyatus Parties.
• Community Rules means any rules of the building, association, landlord, property manager, or community applicable to the Property and any common/amenity areas.

House Rules and Community Rules are incorporated into this Agreement.

1.5 Third-Party Platform

“Third-Party Platform” means any third-party website, marketplace, platform, or intermediary through which a reservation is made (including its payment, cancellation, and dispute processes).

2. AUTHORITY; WHO IS BOUND; RESPONSIBILITY FOR OTHERS

The Guest represents and warrants that they have authority to accept this Agreement on behalf of all Occupants and Visitors in their party. This Agreement applies fully to the Guest, all Occupants, and all Visitors as a condition of entry, use, or presence at the Property, building/community, and any related common/amenity areas. Guest is responsible for ensuring that all Occupants and Visitors comply with this Agreement, House Rules, and Community Rules. Any act or omission by an Occupant or Visitor that would violate this Agreement if done by Guest will be treated as a violation by Guest. Guest is jointly and severally responsible for all charges, fees, damages, and liabilities arising from the actions or omissions of Guest, Occupants, or Visitors.

3. RESERVATION TRANSACTION; TEMPORARY ACCOMMODATION

Your reservation is a temporary accommodation arrangement governed by this Agreement and applicable law. Additional terms may apply depending on the Property and platform used. If you book through a Third-Party Platform, that platform’s payment/cancellation mechanics may also apply.

4. ELIGIBILITY, IDENTITY VERIFICATION, SCREENING, AND AGE REQUIREMENTS (REQUIRED)

4.1 Identity verification is required

Hyatus requires identity verification in connection with reservations and/or check-in. You agree to provide accurate information and, upon request, government-issued identification and any additional information reasonably necessary to confirm identity.

4.2 Screening is required; third-party steps

Hyatus conducts screening as part of its reservation process and uses third-party providers for verification and screening steps. You agree to complete any additional actions requested by Hyatus or its screening providers (including links, forms, confirmations, attestations, and related requirements) within the timeframe we specify.

4.3 Minimum age (varies by Property)

Hyatus enforces a minimum booking age for all stays. The minimum booking age may vary by Property and will be disclosed at booking and/or during verification. Proof of age is collected through our verification process. If the booking guest does not meet the minimum age requirement for the applicable Property, or cannot reasonably verify age upon request, the reservation will be cancelled and access will be denied.

4.4 Consumer reports and public information (where permitted)

For U.S. reservations and where permitted by law, screening may include review of publicly available information and/or consumer reports obtained from consumer reporting agencies for fraud prevention and safety purposes. Where required by law, Hyatus will provide disclosures/notices and will handle consumer-report related actions in accordance with applicable requirements.

4.5 Refusal, cancellation, termination

Hyatus may decline, suspend, cancel, or terminate a reservation (including after check-in) if:

• (a) required verification/screening steps are not completed on time;
• (b) information provided is inaccurate or inconsistent;
• (c) screening indicates elevated fraud/safety risk; or
• (d) Hyatus reasonably determines the stay violates this Agreement, House Rules, Community Rules, or applicable law.

4.6 Refunds tied to screening outcomes

If Hyatus cancels solely because required screening/verification is not completed or is not satisfied, Hyatus will refund amounts paid to Hyatus for the reservation, except to the extent (i) applicable law permits withholding; (ii) fees/damages are owed; or (iii) amounts were retained by a Third-Party Platform under that platform’s policies.

5. PAYMENTS; CANCELLATIONS; NO EXCEPTIONS

Rates, taxes, and fees are disclosed at booking. You authorize Hyatus to charge the payment method on file for amounts due under the reservation and for authorized additional charges under this Agreement. Refunds (if any) are governed strictly by the cancellation/refund policy presented at booking (or by the Third-Party Platform’s policy if you booked through one). No exceptions will be made unless required by law.

6. CHECK-IN; CHECK-OUT; NO-SHOW; OVERSTAY

6.1 Check-in/check-out

Check-in/check-out times are provided at booking and/or in pre-arrival instructions. Early check-in or late check-out requires written approval and may incur a fee.

6.2 No-show

If you do not check in by the deadline provided in pre-arrival instructions (or, if none, by 4:00 p.m. the day after the scheduled check-in date) and do not notify Hyatus of delayed arrival, the reservation may be treated as a no-show, cancelled, and you will forfeit all payments made to Hyatus for the reservation to the extent permitted by law.

6.3 Overstay

If you fail to check out on time without written approval, you may be charged (a) a late check-out fee, (b) the nightly rate (or a reasonable equivalent) for each day or partial day of overstay, and (c) any costs, penalties, or damages caused by the overstay. Overstay is a material breach and may result in removal as permitted by law.

7. SECURITY DEPOSIT; INCIDENTALS HOLD; ADDITIONAL CHARGES

Hyatus may require a security deposit and/or place a pre-authorization (incidentals hold) on the payment method on file. The amount may vary by Property. Pre-authorizations are temporary holds controlled by your bank/payment processor. You authorize Hyatus to charge the payment method on file for damages, missing items, excessive cleaning, smoking/noise violations, unauthorized occupancy/visitors, unreturned access items, fines or charges imposed by building/community due to your conduct, and any other amounts owed under this Agreement.

8. ABSOLUTE NO PARTIES / NO EVENTS POLICY (ZERO TOLERANCE)

8.1 No parties or events

Parties, events, large gatherings, and any similar activity are strictly prohibited at all Hyatus Properties and in all building/community common and amenity areas, unless Hyatus provides express written authorization in advance.

8.2 Automatic termination and forfeiture

If Hyatus determines, in its reasonable discretion, that a party/event/gathering is occurring or is intended to occur (including based on neighbor/building complaints, sensor alerts where disclosed, security reports, or other credible evidence), Hyatus may immediately:

• terminate the reservation;
• deny further access to the Property and amenities;
• remove Guest/Occupants/Visitors as permitted by law;
• forfeit all amounts paid (including any deposit) to the extent permitted by law; and
• charge for any damages, excessive cleaning, fines, penalties, or costs imposed by the building/community or incurred by Hyatus.

8.3 No warning required

Hyatus is not required to provide warnings before enforcing this section.

9. MAXIMUM OCCUPANCY (DISCLOSED AT BOOKING)

The maximum occupancy is disclosed on the booking page/listing and may also be limited by fire code, building rules, and safety restrictions. This limit applies to Occupants, day Visitors, and children. Occupancy above the stated maximum is a material breach and may result in immediate termination, eviction/removal as permitted by law, and forfeiture of amounts paid to the extent permitted by law (in addition to any damages/fees/costs).

10. NOISE; QUIET ENJOYMENT; DECIBEL MONITORING; TAMPERING

You must comply with applicable noise laws and Community Rules and avoid disturbances. Some Properties use devices that measure sound levels (decibel monitoring) and do not record conversations. Where disclosed in the listing or pre-arrival materials, you consent to the presence and use of such devices for rule enforcement and safety. Tampering with, disabling, covering, moving, or removing any monitoring or safety device is a material breach and may result in fees, termination, and removal without refund to the extent permitted by law.

11. NO SMOKING; SMOKE DETECTION; TAMPERING

Smoking is prohibited except where a listing expressly designates a permitted area. Smoking includes cigarettes, cigars, marijuana, vaping, e-cigarettes, hookahs, and similar products. Some Properties use non-audio sensors designed to detect smoking indicators. Where disclosed in the listing or pre-arrival materials, you consent to such sensors. Evidence of smoking or device tampering may result in significant fees and/or termination without refund to the extent permitted by law.

12. MAINTENANCE; REPAIRS; REPORTING

Notify Hyatus promptly of maintenance issues. Do not attempt repairs or alterations without written authorization. Guest is responsible for damages caused by failure to timely report issues or by unauthorized repairs.

13. CLEANLINESS; EXCESSIVE CLEANING

Leave the Property in a neat condition. Hyatus may charge additional cleaning fees for conditions beyond normal turnover, including stains, smoke odor remediation, trash removal beyond normal turnover, or biohazards.

14. ACCESS ITEMS; REPLACEMENT FEES

Where physical access items are provided (keys, fobs, parking remotes, garage openers, amenity keys), Guest is responsible for all issued items and must return them as instructed. Missing or unreturned access items will result in a replacement/administrative fee per item, including any costs imposed by the building or vendors.

15. ACCESS TO PROPERTY; EMERGENCIES

Your reservation does not confer exclusive access or exclusive possession. Hyatus and/or building/community personnel may access the Property for maintenance, safety, compliance, or emergencies. Hyatus will attempt to provide notice when reasonable except in emergencies. In an emergency, call 911 first, then notify Hyatus as soon as practicable.

16. PACKAGES/MAIL; LOST & FOUND

Do not ship mail or packages to the Property unless Hyatus expressly approves in writing. Hyatus assumes no liability for lost, stolen, or mishandled deliveries. Hyatus is not responsible for lost, misplaced, stolen, or damaged personal property. If items are left behind, Hyatus may attempt recovery as a courtesy; Guest is responsible for shipping/handling costs and assumes all risk of loss in transit.

17. PARKING AND INTERNET (IF PROVIDED)

Parking and internet availability (if any) are disclosed at booking and/or in pre-arrival materials and are subject to Community Rules. Vehicles are parked at the owner’s risk. Internet is provided “as available” and may be interrupted or unavailable; Hyatus assumes no liability for interruption.

18. PESTS

If Hyatus determines you, your party, your luggage, or your Visitors introduced pests, you are responsible for mitigation costs, and may also be responsible for loss-of-use/loss-of-revenue costs if the unit is taken out of service, to the extent permitted by law.

19. PETS AND ANIMALS

Pet rules are disclosed at booking. Unauthorized pets may result in fees and/or termination. Service animals are permitted as required by law. Guest is responsible for damage or injury caused by any animal.

20. PROHIBITED ITEMS AND CONDUCT

You must comply with all laws and Community Rules. Illegal activity, threats, harassment, or dangerous conduct is a material breach and may result in termination and removal. Where permitted by law and building rules, Hyatus may prohibit firearms and hazardous materials at certain Properties and/or in common areas.

21. CANCELLATION BY HYATUS; SUBSTITUTION

Hyatus may cancel a reservation if required due to safety issues, emergency repairs, unit unavailability, rule violations, fraud concerns, or other operational reasons. Where feasible, Hyatus may offer a comparable substitute Property. If no substitute is available, Hyatus will refund amounts paid to Hyatus for the cancelled reservation, except as otherwise required or limited by law or Third-Party Platform policies.

22. NO TENANCY; NO LEASE; NO EXCLUSIVE POSSESSION

THIS AGREEMENT IS NOT A LEASE OR RESIDENTIAL TENANCY AGREEMENT AND DOES NOT CONVEY ANY PROPERTY, LEGAL, OR BENEFICIAL INTEREST IN REAL ESTATE. YOU ARE NOT A TENANT OF, AND HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF, ANY PROPERTY OR UNIT. YOU AGREE THAT THE PROPERTY IS NOT YOUR PERMANENT RESIDENCE. THIS SECTION APPLIES REGARDLESS OF THE LENGTH OF YOUR STAY, EXCEPT TO THE EXTENT THAT APPLICABLE, NON-WAIVABLE LOCAL LAW EXPRESSLY PROVIDES OTHERWISE. IF ANY SUCH LAW APPLIES, IT WILL APPLY ONLY TO THE MINIMUM EXTENT REQUIRED, AND ALL OTHER TERMS OF THIS AGREEMENT REMAIN IN FULL FORCE.

23. REFUSAL OF SERVICE; TERMINATION; REMOVAL

Hyatus may refuse service to, terminate, or remove any individual for any reason not prohibited by law, including nonpayment, disturbances, unlawful activity, dangerous items, property damage, threats, occupancy violations, party/event activity, or refusal to follow House Rules/Community Rules. Guest agrees that Hyatus and/or lawful authorities may remove Guest, Occupants, or Visitors from the Property to the extent permitted by law in the event of material breach, including overstaying, nonpayment, party/event activity, or dangerous/unlawful conduct.

24. DAMAGES; MISSING ITEMS; LOSS-OF-USE

Guest is responsible for all damage, theft, missing items, and excessive cleaning caused by Guest, Occupants, Visitors, or animals. Hyatus may charge the payment method on file for repair, replacement, cleaning, and reasonable administrative costs. If Guest-caused damage renders the Property partially or fully unavailable for future stays, Guest may be responsible for reasonable loss-of-use or loss-of-revenue costs to the extent permitted by law.

25. INDEMNIFICATION; ATTORNEYS’ FEES

To the extent permitted by law, Guest agrees to defend, indemnify, and hold harmless the Hyatus Parties from claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• (a) breach of this Agreement;
• (b) use of the Property;
• (c) actions or omissions of Guest, Occupants, Visitors, or animals; or
• (d) damage to the Property or common areas.

To the extent permitted by law, if Hyatus uses counsel or a collection process to enforce this Agreement or collect amounts owed, Guest agrees to pay reasonable attorneys’ fees, costs, and expenses.

26. DISCLAIMER OF WARRANTIES; ASSUMPTION OF RISK; LIMITATION OF LIABILITY

To the fullest extent permitted by law, the Property, amenities, and any services are provided “as is” and “as available.” Hyatus disclaims all warranties, express or implied, except where prohibited by law. Guest assumes all risks associated with occupancy and use of the Property and any amenities or common areas, including inherent risks related to building features, stairs, decks, weather, and local conditions. To the fullest extent permitted by law, Hyatus Parties will not be liable for indirect, incidental, special, consequential, or punitive damages. Total liability of the Hyatus Parties will not exceed the amounts paid to Hyatus for the reservation giving rise to the claim during the twelve (12) months preceding the event, or $100 if no such payments were made, except where prohibited by law.

27. THIRD-PARTY PLATFORMS; RELEASE

If you book through a Third-Party Platform, you acknowledge that platform controls certain payment, cancellation, and dispute processes. To the extent permitted by law, you release the Hyatus Parties from claims arising from disputes with a Third-Party Platform relating to that platform’s services, policies, or actions (including platform fees, platform refunds, or platform chargebacks), provided this does not waive non-waivable legal rights.

28. BUILDING PARTIES (NO PRIVITY; THIRD-PARTY BENEFICIARIES; RELEASE; CLAIMS)

28.1 No privity / no contractual relationship

Certain Properties are located in buildings, communities, or developments that are owned, operated, or managed by third parties. Those parties (including the building owner, landlord or master landlord, homeowners’/condominium association, property manager, building manager, and their respective affiliates and personnel) are referred to collectively as “Building Parties.” Building Parties are not parties to your reservation and do not provide accommodations to you under this Agreement. You acknowledge that you do not have a separate contract with any Building Party arising solely from your reservation or stay.

28.2 Third-party beneficiary; limited enforcement

Building Parties are intended third-party beneficiaries of this Agreement for purposes of the protections in this Section 28 and may enforce those protections to the fullest extent permitted by law.

28.3 Release; covenant not to sue; claims channel

To the fullest extent permitted by law, you agree that Building Parties have no responsibility to you arising from or related to your stay, the Property, the building/community, or any amenities/common areas. You release and agree not to file, pursue, or participate in any claim, action, or proceeding against any Building Party in connection with any aspect of your reservation, stay, the Property, the building/community, or any amenities/common areas, except to the extent such release is prohibited by applicable law. Any claim you may have relating to your reservation or stay must be brought only against OPG MGT1 LLC and only in the manner required by this Agreement.

29. DISPUTE RESOLUTION WITH HYATUS; ARBITRATION (PENNSYLVANIA); CLASS WAIVER; LIMITATIONS PERIOD

29.1 Arbitration required

Any dispute arising out of or related to this Agreement or your stay that you may have against the Company or any Hyatus Party will be resolved by binding arbitration administered by the American Arbitration Association (AAA), except where a court action is permitted under Section 29.4.

29.2 Seat, rules, and procedure

The seat/locale of arbitration will be Philadelphia County, Pennsylvania. Arbitration will be before one neutral arbitrator who is an attorney or retired judge. The AAA rules in effect at the time will apply. The Federal Arbitration Act governs enforceability. Hearings may be conducted remotely by video/phone if Hyatus reasonably requires.

29.3 No class actions

Arbitration will proceed only on an individual basis. You and Hyatus waive the right to a jury trial and waive any right to participate in a class, collective, representative, or consolidated action or class arbitration.

29.4 Injunctive relief carve-out

Hyatus may seek temporary restraining orders, preliminary injunctive relief, or similar equitable relief in a court of competent jurisdiction to protect safety, prevent ongoing harm, address trespass/overstay, or preserve the status quo pending arbitration.

29.5 One-year limitations period

To the extent permitted by law, any claim must be brought within one (1) year after the events giving rise to the claim.

30. GOVERNING LAW; VENUE FOR NON-ARBITRABLE MATTERS (PENNSYLVANIA) + FALLBACK

This Agreement is governed by Pennsylvania law, without regard to conflict-of-law principles, except that non-waivable local law applicable to the Property location will control to the minimum extent required. For any dispute not subject to arbitration (or for actions to enforce/support arbitration or seek permitted injunctive relief), exclusive venue will be the state or federal courts located in Philadelphia County, Pennsylvania, and you consent to personal jurisdiction there. Fallback: If a court determines the Pennsylvania venue/jurisdiction provision is unenforceable for a particular dispute or Property location, venue will lie in the state/county where the Property is located, but arbitration will still apply to the fullest extent permitted by law.

31. SEVERABILITY; WAIVER; ENTIRE AGREEMENT

If any provision is held invalid or unenforceable, the remainder remains in effect. Any waiver must be in writing and applies only to the specific instance. This Agreement, together with the reservation confirmation, House Rules, Community Rules, and any written property disclosures or instructions provided by Hyatus, constitutes the entire agreement regarding the stay and supersedes prior discussions.