Table of Contents
Guest Accommodation Agreement
Welcome and thanks for booking your rental with Hyatus CT LLC.
Please be sure to read this rental policy.
By clicking “Book Now” or “Instant Booking” you are acknowledging and agreeing to the following for this specific property:
You are entering into a rental agreement directly with Hyatus CT LLC. (“Hyatus”).
PAYMENT TERMS & CANCELLATION
The non-refundable down payment and balance due terms are explained in the Payment Terms section on the checkout web page for the rental. Please review these terms carefully. You may cancel your booking at any time, however, all refunds are subject to the refund policy listed for your rental. Hyatus is not authorized to make exceptions to these terms.
The rental may have general and/or specific rules regarding large groups, parties, pets, smoking, and/or any other rental related rules and regulations. These rules are detailed in the description or other applicable section(s) of the rental listing, and are incorporated into this rental policy. Please review these terms carefully, as any violation may result in additional fees or eviction without refund. Hyatus is not authorized to make exceptions to these rules.
- ARRIVAL DETAILS & CHECK-IN/CHECK-OUT
Once your booking has been paid in full, you will receive contact information for the primary contact for your stay (your “Contact”). Your Contact can help you arrange your arrival and check-in, coordinate any maintenance needs, etc. Check-in and check-out times will be confirmed with your Contact and communicated in a pre-stay communication prior to your arrival. Please also communicate your expected arrival time to your Contact.
DAMAGE & INSURANCE
Hyatus reserves the right to collect a deposit (the “Security Deposit”) to protect against damages. If applicable, the Security Deposit will be detailed on the booking details section of the checkout web page and shall be refunded within 15 days of your departure date provided no deductions are made due to A) damage to property or furnishings, B) dirt or other mess requiring excessive cleaning, or C) any other costs incurred by your Hyatus as a result of your stay. Any damage to the rental must be reported to Hyatus and the Contact before check-out. You grant Hyatus the right to charge the credit card number used to book the rental for any such damages, and any remaining outstanding reservation related balances, as listed in the booking details section of the checkout web page, including, but not limited to, additional cleaning fees. To ensure that the proper party is held responsible, please notify your Contact of any damages found at check-in.
FEES & ADDITIONAL SERVICES
In some cases, Hyatus may have optional fees and services (e.g., to heat a swimming pool in the winter). Should you opt into any of these services and related fees Hyatus will provide payment details and all applicable charges will apply.
The maximum number of people that may occupy the rental is indicated in the listing. This rule applies to day visitors and children as well. Unless otherwise approved by your Contact, occupancy over the indicated capacity may result in eviction and forfeiture of amounts paid. Hyatus is not authorized to make exceptions to these terms.
Hyatus cares very much about their rental and strives to keep it in excellent shape. If you notice any problems or maintenance issues, please notify your Contact immediately.
CANCELLATIONS BY HYATUS
In the event that your Haytus has to cancel your booking for any reason you will be notified as quickly as possible and refunded 100% of any amounts paid. We highly recommend that you purchase trip insurance to protect against certain types of cancellations, among other risks, Hyatus is not responsible or liable for cancellations for any reason.
You are expected to treat the rental with respect, keeping in mind that this is a home, not a hotel room. Even in cases where a cleaning fee is charged, you are expected to leave the rental in a clean, neat and orderly condition.
INDEMNIFICATION & HOLD HARMLESS
You agree to indemnify and hold harmless your Hyatus, for any liabilities, damage, cost or expense whatsoever arising from or related to any claim in connection with your use and/or occupancy of the rental, including, but not limited to, any claim or liability for personal injury, damage, loss of personal belongings or theft of property which is made, incurred or sustained by you and/or anyone you invite to use the rental as your guest.
ATTORNEY’S FEES & COSTS
If Hyatus employs the services of an attorney or attorneys to enforce any conditions of this policy, you shall be liable to your Hyatus for reasonable attorney’s fees and costs incurred by your Hyatust.
If your booking was made under false pretense, including, but not limited to, a falsified name, age or size of party, you will be subject to immediate eviction and forfeiture of all amounts paid.
Substitute Comparable Property
Substitution of Property. On rare occasions, due to ownership changes, properties being removed from rental use, or a need for extensive repairs or maintenance, the Property may not be available for rental on the dates of your reservation. In this unlikely event, Hyatus reserves the right to substitute a comparable property. If comparable accommodations are not available, you will have the option of (1) selecting from other available properties (in which case you are responsible for, or will receive the benefit of, any difference in cost) or (2) receiving a complete refund of your reservation payment. In the event of a substitution of rental properties, all Terms in this Agreement, plus any Unit-Specific Terms specific to the substituted property, shall apply to your stay in the substituted property.
THIS AGREEMENT, WHETHER IN WHOLE OR PART, IS NOT A LEASE OR RESIDENTIAL TENANCY AGREEMENT, AND DOES NOT CONVEY OR OTHERWISE TRANSFER OR PROVIDE ANY PROPERTY, LEGAL, OR BENEFICIAL RIGHTS OR INTEREST IN REAL ESTATE TO YOU. YOU ARE NOT A TENANT OF, AND HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF, THE Hyatus OR PROPERTY. YOU AGREE THAT THE Hyatus IS NOT YOUR PERMANENT RESIDENCE.
RIGHT TO REFUSE SERVICE
Hyatus may refuse service to, or remove from a unit, any individual for any reason(s) that does not violate federal or state laws. Reasons for refusing service to, or removing, a Guest or any other individual include, but are not limited to: refusal or failure to pay for accommodations; being under the influence of alcohol, drugs, or any other intoxicating substance such that the individual is disturbing the peace; seeking to use the Hyatus for an unlawful purpose; seeking to bring into the Hyatus an unlawfully-possessed firearm or any item, including an explosive or hazardous or toxic substance, that is unlawful to possess and that may be dangerous to other persons; destroying, damaging, or defacing the Property or threatening harm to the Property, other guests, or residents of the Property; causing or permitting persons to exceed the maximum allowable occupancy of the Hyatus; or refusing to abide by the reasonable standards or policies established by the Company, including, without limitation, the Hyatus House Rules and any published rules and regulations imposed by the apartment community.
ACCESS TO APARTMENTS
You acknowledge that your reservation of the Hyatus does not confer exclusive possession or exclusive access to the Hyatus. We retain the right to access and enter the Hyatus at any time as needed, however, we will attempt to notify you before entering the Hyatus as a courtesy to you except in the event of an emergency. If called upon, law enforcement will be granted immediate access.
Use of In-Unit Storage Space
Hyatus retains the right to exclusive access to a storage space within the property or unit during the duration of the stay. Hyatus further retains the right to store, refill, and retrieve items within the storage space.
REMOVAL FROM THE PREMISES
THE GUEST AGREES THAT THE COMPANY OR OTHER LAWFUL AUTHORITY MAY REMOVE THE GUEST OR ANY VISITORS, WITHOUT NOTICE, FOR ANY REASONS SUCH AS, BUT NOT LIMITED TO: FAILURE TO LEAVE THE Hyatus AT THE DESIGNATED DEPARTURE DATE AND TIME (UNLESS EXTENDED ACCORDING TO THE TERMS OF THE Hyatus STAY RULES AND AUTHORIZED IN ADVANCE BY THE COMPANY); NONPAYMENT OF RESERVATION FEES OR OTHER CHARGES; VIOLATION OF ANY RULE IN THE Hyatus STAY RULES; VIOLATION OF ANY RULES OF THE HOUSING DEVELOPMENT, CONDOMINIUM ASSOCIATION, OR APARTMENT COMPLEX IN WHICH THE Hyatus IS LOCATED; ANY UNLAWFUL ACT OF THE GUEST OR VISITORS. THE GUEST AGREES TO HOLD THE COMPANY HARMLESS FOR ANY INCIDENT NECESSITATING THE REMOVAL OF GUEST OR VISITORS FROM THE PROPERTY.
Any dispute arising out of or related to this Agreement, including, but not limited to, disputes arising out of your stay at the Hyatus, will be submitted for and resolved by binding arbitration before the American Arbitration Association (AAA). The Company shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in San Francisco, California and in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You and the Company waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You and the Company waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in this Agreement, as a court would.
In reaching his or her decision, the arbitrator shall follow this Agreement, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.
Confidential. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.
Limitations Period. Any and all claims and actions arising out of or relating to the Agreement shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
Class Action Waiver. You agree that you will not file a class action against the Company or participate in a class action against the Company. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against the Company.
Acknowledgment & Disclaimer; Limitation of Liability.
You acknowledge the Property may have features, amenities, and conditions that are unfamiliar to you and other Occupants you invite to the Property. You further acknowledge that your use of the Property and its amenities may carry inherent risk, including risk of bodily injury, illness or disease, disability, or death. For example, some Properties include natural habitats for wildlife, insects, and pests that may expose you to injury or disease; or docks, stairways, porches, ledges, cliffs, hot tubs, and other unmarked natural or manmade features, amenities, and conditions that carry inherent risk. You agree that, by using the Property or its amenities, you voluntarily and willfully assume those risks and assume full responsibility for the choices you make before, during and after your use of the Property and its amenities. You also acknowledge and agree that you and any other adult Occupants are solely responsible for closely supervising and protecting the health and safety of any and all Occupants that are minors, throughout the duration of your stay.
If any section, clause, paragraph or term of the Rental Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect. This Agreement is taken in full compliance with federal, state and local laws, without regard to race, color, religion, sex, country of origin, handicap or familial status