Terms of Service

 

LAST MODIFIED: June 10, 2015

 

Introduction

 

Four Blocks LLC (DBA “Silicon Beach Stays”) provides value-added services to hosts and guests who have arranged the use of residential and other property principally through third party booking agents and hosting platforms. These Terms of Service (these “Terms”) constitute an agreement between Silicon Beach Stays and the users (each a “User”) of Silicon Beach Stays' website and services (collectively, the “Site” and the “Services”). Silicon Beach Stays is sometimes referred to herein as “we,” “us,” or “our” and the User is sometimes referred to as “you,” “your,” “host,” or “guest.”

 

Certain areas of the Site and Services (and your access to or use of certain Content (as defined below) 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 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 Content.

 

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR CLICKING “ACCEPT” OR “AGREE” TO THESE TERMS, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES, (1) YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AS PUBLISHED FROM TIME TO TIME AT WWW.SILICONBEACHSTAYS.COM, (2) YOU REPRESENT THAT YOU ARE OF LEGAL AGE AND NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES, (3) YOU AGREE THAT YOU ARE IN COMPLIANCE WITH ALL APPLICABLE TERMS OF SERVICE FOR THIRD PARTY PLATFORMS RELATED TO YOUR USE OF THE SERVICES AND (4) YOU AGREE THAT YOU ARE IN COMPLIANCE WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU.

 

If you accept these Terms, you represent that you have the capacity to be bound by them. 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.

 

Key Terms

 

“Accommodation” means a residential or other property that is rented from a Host by a Guest.

“Authorized Tenant” means a non-owner Host that has the authority to rent an Accommodation.

“Guest” means a Member who uses the Services in connection with its rental of an Accommodation from a Host principally through a Third Party Platform.

“Host” means a Member who is an owner or Authorized Tenant of an Accommodation and who is using the Services in connection with the listing and rental of an Accommodation principally through a Third Party Platform.

“Third Party Platform” means a third party booking agent or hosting platform that connects Hosts who have Accommodations to rent with Guests seeking to rent Accommodations.

 

How the Site and Services Work

 

Silicon Beach Stays provides value-added Services to Hosts and Guests who have arranged the use of Accommodations principally through Third Party Platforms, as well as directly with Silicon Beach Stays.

 

Hosts: Silicon Beach Stays provides Services to Hosts that register with us. Silicon Beach Stays assists Hosts with preparing and properly marketing their Accommodations, including suggesting an optimal price for the listing of an Accommodation. Silicon Beach Stays helps Hosts by interacting with potential guests to answer questions and arrange a stay. Silicon Beach Stays may also arrange professional third party vendors to provide guest management services before, during and after the Guests stay, including scheduling professional cleanings and handling unexpected events such as lockouts. Silicon Beach Stays also may assist Hosts with marketing their listings by publishing listings on multiple Third Party Platforms.

 

Guests: Silicon Beach Stays may provide Services to Guests that have responded to a Host's posting on a Third Party Platform or communicated directly with Silicon Beach Stays. Silicon Beach Stays or its third party vendors may assist guests or potential guests with questions regarding a listing or booking for a Guest's Accommodation, communicate with Guests regarding arrival and departure and provide 24-hour Guest support. Silicon Beach Stays may also offer and arrange value-added services for Guests, such as concierge and ticketing services, from Silicon Beach Stays or third party providers. In addition to these Terms, Guests are subject to the Guest Rules and Guest Services Agreement, which are incorporated into these Terms.

Silicon Beach Stays solely provides services to Hosts and Guests to facilitate a booking transaction between Host and Guest. Unless explicitly stated otherwise herein, Silicon Beach Stays's responsibilities are limited to (1) assisting Hosts with optimizing the listing and booking of Accommodations and (2) providing Guest support services.

 

In accordance with these Terms, you understand and agree that (1) Silicon Beach Stays is not a real estate broker, agent, insurer, booking agent or hosting platform, nor is it an owner or provider of Accommodations, transportation, travel services or other services provided by third parties through the Site or Service; (2) Silicon Beach Stays is not a party to any agreement between a Third Party Platform and a Host or Guest or any agreement between a Host and a Guest; (3) Silicon Beach Stays does not and cannot control the content contained in any listing or the condition, legality or suitability of any Accommodations; (4) Silicon Beach Stays is not responsible for the compliance with any laws by you or any Third Party Platform; (5) Silicon Beach Stays has no control over the conduct of Hosts, Guests and other uses of the Services or any Accommodations; and (6) as set forth in the Section entitled “Liability Limitations”, Silicon Beach Stays is not responsible for and disclaims any and all liability related to any and all listings and Accommodations to the maximum extent permitted by law. Bookings will be made at the Host's and Guest's own risk.

 

Modification

 

Silicon Beach Stays reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or through the Services or provide you with notice of the modification. We will also update the “Last modified” date at the top of these Terms. By continuing to access or use the Site or the Services after we have posted a modification on the Site or through the Services 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 the Services.

 

Liability Limitations

 

YOU SPECIFICALLY 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 AND SERVICES REMAINS WITH YOU. WE AND THE Silicon Beach Stays PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, INCLUDING WITHOUT LIMITATION THIRD PARTY PLATFORMS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL WE, THE Silicon Beach Stays PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER WE NOR THE Silicon Beach Stays PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.

NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF WE AND THE Silicon Beach Stays PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU SHOULD CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

 

Indemnity

 

You agree to defend, indemnify, hold harmless Silicon Beach Stays, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your access to or use of the Site and Services, (2) any Member Content submitted by you and (3) any breach or alleged breach by you of these Terms.

 

Term and Termination

 

This Agreement is effective from the first date you use the Site and Services. On receipt of an email by you to us cancelling your registration then we will terminate your registration within 30 days. Silicon Beach Stays may terminate or revise these terms at any time with or without notice. The provisions and all obligations of and restrictions on you and any User with respect to the Services shall survive any termination of these Terms.

 

You agree that Silicon Beach Stays, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of the Service, for any reason, including for lack of use or if Silicon Beach Stays believes that you have violated or acted inconsistently with the spirit of these Terms. Silicon Beach Stays may, also, in its sole and absolute discretion, and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Silicon Beach Stays may immediately deactivate or delete your account and all related information and files in your account and prohibit any further access to all files or the Services by you; however, we do not guarantee that any information posted by you will be deleted from the Site. Further, you agree that Silicon Beach Stays shall not be liable to you or any third party for any termination of your access to the Services.

 

Notice

 

Any notices or other communications permitted or required hereunder by Silicon Beach Stays, including those regarding modification of these Terms, will be in writing and given by Silicon Beach Stays (1) via email (in each case to the address that you provide) or (2) by posting to the Site. Any notices or other communications permitted or required hereunder by the User will be in writing and given by the User via email to hello@siliconbeachstays.com. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. For notices made by posting, the date of receipt will be deemed the date on which such notice is posted.

 

Governing Law and Compliance with Law

 

These Terms shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

 

Your use of the Services may also be subject to other local, state, national and international laws. For example, some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single family residences, condominiums and apartments. In certain jurisdictions, Hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling. Hosts may also be subject to CC&Rs, bylaws and other agreements that apply to single family residences in some neighborhoods, condominiums and apartment buildings. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are encouraged to review local, state and Federal laws and regulations applicable to you and consult with an attorney prior to listing an Accommodation on a Third Party Platform or using the Services.

 

Dispute Resolution

 

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) (“Disputes”) between you and Silicon Beach Stays or their successors or assigns shall exclusively be settled through binding and confidential arbitration, except that each party retains the right to bring an individual action in small claims court and 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. You acknowledge and agree that you and Silicon Beach Stays are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Silicon Beach Stays otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

 

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section and not any state arbitration law.

Notwithstanding anything to the contrary herein, if Silicon Beach Stays changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to hello@siliconbeachstays.com) within 30 days of the date such change became effective, as indicated in the “Last modified” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Silicon Beach Stays in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

General

 

Waiver. If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

Severability. If any of the provisions, or portions thereof, of these Terms are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, these Terms shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

Assignment. These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Silicon Beach Stays.

Contact

If you have any questions about these Terms, please contact Silicon Beach Stays at hello@siliconbeachstays.com.

 

 

Silicon Beach Stays - Host Services Agreement

 

This Agreement is entered into between you (the “Host”, “you” or “your”) and Silicon Beach Stays Inc., a Delaware corporation (“Silicon Beach Stays”, “we”, “us” or “our”), under which Silicon Beach Stays will provide certain services to you with respect to the listing and rental of your Accommodation.

 

By accepting the terms hereof, you acknowledge that you have read, understand and agree to comply with and be bound by Silicon Beach Stays's Terms of Service (the “Terms”), as published from time to time at WWW.SILICONBEACHSTAYS.COM, into which this Agreement is incorporated. Capitalized terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.

 

As set forth in the Terms, Silicon Beach Stays reserves the right, at its sole discretion, to modify, discontinue or terminate any Host Services, at any time and without prior notice. If we modify the Host Services or this Agreement, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last modified” date at the top of this Agreement. By continuing to use Host 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 of this Agreement. If the modified terms of this Agreement are not acceptable to you, your only recourse is to cease using the Site and Host Services.

 

Silicon Beach Stays Host Services

 

The following services (“Host Services”) will be provided by Silicon Beach Stays to a Host that registers on the Site:

Listing Assistance. Silicon Beach Stays will assist the Host with creating and optimizing the listing of an Accommodation on one or more Third Party Platforms (“Listing”). Silicon Beach Stays's Listing services may include a recommendation regarding the optimal price for a listing. Host acknowledges and agrees that Host is responsible for the accuracy of all Listing information.

Guest Selection. Silicon Beach Stays will assist the Host with screening and selecting potential guests. Host acknowledges and agrees that the Host is solely responsible for selecting Guests. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement that you enter into with a Guest is between you and the Guest. Host acknowledges and agrees that Silicon Beach Stays is not your agent and will not negotiate or execute agreements with Guests on behalf of the Host. Silicon Beach Stays will not be a party to any agreement between Hosts and Guests.

Dashboard Reporting. Silicon Beach Stays will provide a dashboard to Hosts on its Site to review certain information relating to its Accommodation, such as a calendar of selected and available dates, Guest information and Listing revenue.

Guest Communication.Silicon Beach Stays will receive and attempt to communicate with potential guests to provide information about a Listing and resolve questions and complaints. Silicon Beach Stays will also attempt to communicate with Guests prior to, during and after their stay to assist Hosts and Guests with a smooth stay. As reasonably necessary, Silicon Beach Stays will assist Hosts and Guests with unexpected events such as lockouts.

 

Routine Maintenance Silicon Beach Stays will perform routine maintenance on the property as it sees fit. Silicon Beach Stays will automatically resolve all maintenance issues that are quoted below the Host’s maintenance preapproval limit. By default the maintenance preapproval limit is set at $250, Hosts have the ability to set this as high as $1500.

Routine Cleaning.Silicon Beach Stays will provide cleaning services for Accommodations after the completion of a stay.

Remittance of Funds. It is not expected that Silicon Beach Stays will collect or receive funds on behalf of Hosts. If Silicon Beach Stays receives any funds from Guests, to which a Host is entitled under its agreement with a Guest, as soon as practicable after receipt, Silicon Beach Stays will remit the funds to the Host, minus any fees payable by Host to Silicon Beach Stays.

Airbnb Resolution HandlingFrom time to time Silicon Beach Stays may add itself on the Host’s listing platform account as a trusted contact to resolve issues, on behalf of the owner, where Silicon Beach Stays is at fault. It is at Silicon Beach Stays’s full discretion to decide participation in the event of a resolution on the Host’s listing platform.

 

Guaranty Offering. Silicon Beach Stays may offer the Host a Reservation Guaranty. For the purposes of this Agreement, a “Reservation Guaranty” is a guaranty by Silicon Beach Stays that an Accommodation will generate a certain amount of revenue during a certain period of time. If the Host selects the Reservation Guaranty, the Host hereby agrees to accept any Listing price or Listing terms required by Silicon Beach Stays. The Reservation Guaranty program may have different terms and conditions for which you may be required to agree in order to accept the Reservation Guaranty

 

Host acknowledges and agrees that Silicon Beach Stays may provide the Services through one or more third party vendors in its sole discretion. Silicon Beach Stays agrees to provide the Services is timely and professional manner in accordance with this Agreement, but Silicon Beach Stays makes no warranties of any kind, express or implied, with respect to the Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.

 

You acknowledge and agree that you are responsible for any and all Listings. Silicon Beach Stays assumes no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.

Some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single family residences, condominiums and apartments. In certain jurisdictions, Hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling. Hosts may also be subject to CC&Rs, bylaws and other agreements that apply to single family residences in some neighborhoods, condominiums and apartment buildings. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are encouraged to review local, state and federal laws and regulations applicable to you and consult with an attorney prior to listing an Accommodation on a Third Party Platform or using the Services.

 

Duties of Host

 

In connection with the Services, you agree that you will do the following:

 

Compliance with Law. You are solely responsible for compliance with all applicable laws and regulations.

Compliance with Agreements. You agree that you will not breach any agreements you have entered into with any third parties, such as Third Party Platforms, homeowners association, condominium, lease or rental agreements.

Third Party Platform. You will use a Third Party Platform for Listings of your Accommodations.

Eviction. Silicon Beach Stays will not be responsible for evicting Guests. If any Guest stays beyond the period agreed upon between the Host and the Guest, Host will have the sole responsibility with regards to evicting the guest and any expenses, losses, or damages associated with the guest’s stay beyond the contracted period or any eviction process.

Insurance. Host agrees to carry at his/her own expense property and liability insurance, each in an amount not less than $500,000, naming Silicon Beach Stays, in form and substance reasonably satisfactory to Silicon Beach Stays. Host agrees to furnish Silicon Beach Stays with certificates evidencing the existence of such insurance upon request. Host may be required to obtain and maintain additional insurance in compliance with applicable laws and regulations or under other agreements.

Taxes. Host will be solely responsible for preparing and paying Guest’s own income tax return. Silicon Beach Stays is not responsible for advising Host with respect to taxes owed with regards to the Accommodation or any transactions contemplated by or facilitated by this Agreement.

 

Routine Maintenance. You are responsible for routine maintenance to the Accommodation. Silicon Beach Stays will have no obligation to notify Host of, or provide any routine maintenance. Host may request that Silicon Beach Stays complete any routine maintenance subject to a separate agreement between the parties regarding the maintenance to be performed and the compensation to be paid in connection therewith. If Silicon Beach Stays notifies Host of maintenance that needs to be performed, Host agrees that it will timely complete such routine maintenance at its sole cost.

 

Emergency Maintenance. If Silicon Beach Stays believes that emergency maintenance is required to protect or preserve the Accommodation from damage or to maintain services to a Guest, Silicon Beach Stays may, as soon as practicable, arrange for such maintenance to be performed. Any costs incurred by Silicon Beach Stays in connection with providing emergency maintenance will be reimbursed by the Host. Silicon Beach Stays will attempt to communicate with Host regarding the need for emergency maintenance and steps being taken, but in no case will Host be relieved of liabilities incurred pursuant to the performance of emergency maintenance.

 

Platform Access If host chooses to maintain their owner AirBnB account, for the duration of Silicon Beach Stays management, Homeowner is not permitted access to their Airbnb account to perform any management functions. These management functions include but not limited to; reviewing guest messaging, messaging guests directly, modifying settings, modifying listing details, extending offers, or extending refunds.

 

Guest Relocation Silicon Beach Stays is not responsible for relocating guests. If Silicon Beach Stays is at fault for the need to relocate guests due to a problem that is making the property uninhabitable Silicon Beach Stays will attempt to rectify the problem to avoid relocation. In the event that relocation is necessary, as determined by Silicon Beach Stays, Silicon Beach Stays will communicate with the guest via email to give them an option between an immediate refund on behalf of the owner or additional hotel options.

Host Cancellation Host agrees to honor all Guest reservations booked during the term of the agreement between Host and Silicon Beach Stays, including those extending past the termination of agreement. If an Host cancels a Guest reservation, Host Agrees to pay a cancellation fee to Silicon Beach Stays of fifty percent (50%) of the full Listing price up to a maximum of $250.00.

 

Host’s Representations and Warranties

 

In addition to the other representations and warranties set forth in this Agreement and in the Terms, Host represents and warrants that:

  • Host is a legal owner or Authorized Tenant of the Accommodation and has full authority to enter into this Agreement and to use Silicon Beach Stays for the Host Services under the terms of this Agreement.

  • If Host is an Authorized Tenant, there are no written or oral restrictions on further leasing or subletting the Accommodation that would interfere with the Listing of the Accommodation on a Third Party Platform or otherwise temporarily leasing the Accommodation to Guests, or any other actions contemplated by this Agreement.

  • To the best of the Host’s knowledge the Accommodation, its construction and operation do not violate any applicable statues, laws, ordinances, rules, regulations, orders, or the like including, but not limited to, those relating to hazardous or toxic substances.

 

To the best of the Host’s knowledge the building does not contain any toxic substances such as, but not limited to: lead based paint, asbestos, urea, formaldehyde, radon, or other hazardous substances and that no unsafe condition exists except as disclosed in writing at the time of this Agreement.

 

Host has disclosed the existence of any default of foreclosure notices affecting the property as of the date of this agreement and further agrees to disclose any such notices received hereafter, within five days of the receipt of any such notices.

GUEST HEREBY ACKNOWLEDGES THAT Silicon Beach Stays IS NOT A REAL ESTATE BROKER, AGENT, OR INSURER. Silicon Beach Stays HAS NO CONTROL OVER THE CONDUCT OF GUESTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

 

Indemnification

 

Host agrees to defend, indemnify and hold harmless Silicon Beach Stays, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (“Indemnitees”) from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) the Host Services performed by Silicon Beach Stays under this Agreement other than those arising because of gross negligence or intentional misconduct by Silicon Beach Stays or any of its officers, agents, directors or employees; (2) any damage to or destruction of any property by Guests, any third party, or any terrorism, acts of nature, or acts of God; (3) any injury to or death of any person from any cause whatsoever; (3) any error of judgment by Indemnitees or any mistake of law or fact by Indemnitees; and (4) to the extent not covered by insurance, any alleged violation of any law (statutory, common or otherwise) pertaining to the actions contemplated by this Agreement, including but not limited to environmental protection, rent control, taxes, short-term rental, fair housing, or any other such laws.

 

Term and Termination

Term. This Agreement is effective from the first date you use the Host Services and will continue until terminated by either party in accordance with this Agreement.

Termination by Cancellation of Registration. The cancellation of your registration on the Site for any reason will automatically terminate this Agreement.

 

Termination by Notice. Either party to this Agreement may elect to cancel or terminate this Agreement with or without cause by giving seven (30) days’ prior written notice to the other party. If no termination date is specified in the notice, this Agreement shall terminate as of the date which is seven (30) days after the notice is delivered.

Upon Termination. Upon termination of this Agreement by Silicon Beach Stays, Silicon Beach Stays will cease providing any Host Services to the Host on the date of termination. Upon termination of this Agreement by Host, Silicon Beach Stays may continue providing Host Services to the Host for any stays that were booked on or prior to the date of Termination.

 

Miscellaneous

 

Successors and Assigns. This Agreement shall benefit Silicon Beach Stays, its successors and any permitted assigns. This Agreement shall not be assignable by Host without the express Silicon Beach Stays, but may be freely transferred, assigned, or delegated by Silicon Beach Stays.

 

Entire Agreement. This Agreement, and the Terms into which this Agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information and understandings.

 

Waiver. If Host breaches any term of this Agreement and Silicon Beach Stays decides to take no action or neglects to do so, then Silicon Beach Stays will still be entitled to take action and enforce our rights and remedies for any other breach.

 

Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

 

Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.

 

Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.

 

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

 

Dispute Resolution. Silicon Beach Stays and Host agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the terms of this Agreement, such dispute shall be resolved as set forth in the Terms.

 

Silicon Beach Stays - Guest Rules and Services Agreement

 

This Agreement is entered into between you (the “Guest”, “you” or “your”) and Silicon Beach Stays Inc., a Delaware corporation (“Silicon Beach Stays”, “we”, “us” or “our”). This Agreement sets forth certain rules that you must follow in connection with your booking of an Accommodation from a Host (a “Booking”). This Agreement also sets forth certain services that we may provide you in connection with your booking of an Accommodation from a Host.

 

You acknowledge and agree that by using Silicon Beach Stays in connection with your Booking and accepting the terms hereof, you have read, understand and agree to comply with and be bound by the Silicon Beach Stays’s Terms of Service (the “Terms”), as published from time to time at WWWSILICONBEACHSTAYS.COM, into which this Agreement is incorporated. Capitalized terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.

 

Guest Rules

 

Guests acknowledge and agree that the Host and Third Party Platform may require you to accept or otherwise agree to terms of service and other agreements in connection with your Booking. In addition to those agreements, Guests must comply with our Guest Rules in connection with a Booking. If there is conflict or discrepancy between any agreement with the Host or a Third Party Platform and these Guest Rules, the Guest Rules will supersede to the extent of such conflict or discrepancy.

 

You agree to comply with all applicable laws and regulations, and that you will not breach any agreements you have entered into with any third parties, such as Hosts and Third Party Platforms.

 

Booking Summary

 

You have received a Booking Summary as a result of your Booking of an Accommodation from a Host that uses the Site. The Host is also subject to the Host Services Agreement, which is part of the Terms.

 

You and the Host have separately entered into an agreement, under which the Host has issued you a license to occupy the Accommodation during the agreed period (“Booking Period”) set out in the Booking Summary. YOU HAVE NOT ENTERED INTO A LEASE. THE LICENSE DOES NOT CONVEY ANY PROPERTY RIGHTS OR INTEREST IN REAL ESTATE AND YOU ARE NOT A TENANT OF THE ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE ACCOMMODATION. This means that you have no right to stay in the Accommodation or to otherwise use or occupy all or any part of such Accommodation after the term set forth in your Booking Summary and have no rights to renewal or recurring usage.

Silicon Beach Stays is not an agent of either the Host or the Guest.

 

You cannot make any changes to the Accommodation nor can you move or remove any furnishings or other items in or on the Accommodation.

 

You agree to abide by any rules and restrictions placed on the Accommodation by the Host or Silicon Beach Stays (“House Rules”), which may be modified or supplemented at any time in accordance with this Agreement and the Terms. By refraining from terminating this Agreement and your Booking after modification, Guest agrees to be bound by any such rules and restrictions.

 

The Booking Summary and House Rules may set forth certain restrictions, including without limitation the maximum number of occupants allowed during your use of the Accommodation, any areas of the Accommodation or items in or on the Accommodation that have been designated “no access” , noise restrictions, or limitations on pets, smoking or other activities at, on or from the Accommodation. Your license to occupy the Accommodation will be subject to immediate termination if you or any parties that occupy the Accommodation during the term of your stay violate any terms of this Agreement, the Guest Rules or any other agreement between you and the Host or Silicon Beach Stays.

 

Booking and Cancellation

 

The Booking Summary which you have accepted is not a booking confirmation. The Accommodation will be booked for the Booking Period set forth in the Booking Summary upon your receipt of a confirmation of Booking (“Confirmation of Booking”). The Host is not obliged to make the Accommodation available until such time as the Confirmation of Booking has been sent to you by email.

 

Unless otherwise specified in the Confirmation of Booking the following cancellation policy will apply. If you cancel 45 days or more before the commencement of the Booking Period you will receive a full refund. If you cancel a booking more than 7 days prior to commencement of the Booking Period then you will be responsible for 50% of the full accommodation fees as set out in the Confirmation of Booking (“Accommodation Fees”) for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking.

 

If you cancel a booking 7 days or less prior to the commencement of the Booking Period then you will be responsible for the full Accommodation Fees for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking.

 

In extenuating circumstances the Host may approve a full refund.

 

The Host has the right to cancel a booking at any time. Under the circumstance that the host cancels your reservation you may contact Silicon Beach Stays to see if they can assist, however the Host is solely responsible for arranging for suitable alternative accommodations during the Booking Period (which will, if possible, be of comparable quality and character and may be a 4 star hotel within 2 miles of the location of the Accommodation). In the event Silicon Beach Stays is unable to assist in finding suitable alternative accommodations during the Booking Period, Silicon Beach Stays will assist you obtaining a full refund. Silicon Beach Stays shall have no responsibility or liability as a result of a cancellation of a booking.

 

It is a condition of your Booking that all of the House Rules are complied with in full by both parties. Any failure by either you or Host to comply with the House Rules including any failure to allow Silicon Beach Stays to supply services will permit the other party to terminate your Booking and this Agreement without liability (and without prejudice to any other rights and remedies pursuant to this Agreement).

 

In the event that the Accommodation becomes unavailable for the whole or any part of the Booking Period and you do not accept a suitable alternative accommodation which is offered to you, then you are entitled to cancel the Booking, and the pre-payment will be refunded to you, but neither the Host nor Silicon Beach Stays will be liable to you for any further amounts in respect of the cancellation of the Booking.

 

Fees and Charges

 

You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction or offset. You also agree to pay the cost of any damage to the Accommodation or its contents and to pay any fees, costs and expenses incurred by the Host or Silicon Beach Stays as a result of your failure to vacate the Accommodation on a timely basis at the end of your Booking Period, including, without limitation, as a result of loss of a subsequent booking for the Accommodation for the period following your Booking Period.

 

The Accommodation Fees set out in the Confirmation of Booking will include the fees payable with respect to the Accommodation only and all taxes payable with respect thereto. No additional concierge or other services which you book through Silicon Beach Stays are included.

 

By accepting these terms you agree to pay the Accommodation Fees in full and the Host or Third Party Platform will collect such amount as set forth in the Booking Summary by charging your provided credit or debit card. You acknowledge and agree that the Host may authorize Silicon Beach Stays to collect and remit Accommodation Fees and other fees and charges paid by you in connection with your stay at an Accommodation. Silicon Beach Stays may also charge you fees for certain services provided by Silicon Beach Stays as agreed by you under this Agreement.

 

Your prepayment will be collected and paid as set forth above under Booking and Cancellation. On commencement of the Booking Period, the remainder of the Accommodation Fees (if any) will be taken by check-in staff provided by Silicon Beach Stays or will be automatically charged to your credit or debit card. If you fail to check-in to an Accommodation on the date of commencement of your booking, then for the avoidance of doubt you will be responsible for payment of the entire Accommodation Fees for the booking (and all taxes due with respect thereto) and you will be charged such sums to the credit or debit card which you supplied when making the Booking.

 

In addition to the fees and charges for the Accommodation, all applicable governmental authorities all taxes applicable to your purchase of the Booking from the Host and use and occupancy of the Accommodation may be collected and remitted. Silicon Beach Stays is not responsible for any taxes as a result of any Accommodation.

 

Credit Card Authorization

 

When you commence your stay at the Accommodation, you will have to provide a pre-authorize amount from a credit or debit card account supplied by you (which may be different from the card/account you supplied when booking) and the Host will be entitled to make charges against this credit or debit card in the event of any damage to the Accommodation or its contents, or in the event of late check-out or overstaying.

 

Check-In / Check-Out

 

The check-in and check-out time at the Accommodation is as stated in the Booking Summary. Unless your Host has agreed to a late check-out as part of your Booking Summary or has expressly agreed in writing to an extension or a further period of occupancy which has been confirmed by a subsequent Confirmation of Booking, then you will be responsible for a full day’s Accommodation Fee for any overstaying past the check-out time on the day of your departure. If you overstay by more than 2 hours then Host reserves the right to enter, or cause Silicon Beach Stays or other authorized agent to enter, the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary or appropriate (and you will be charged for the costs of any such action which will be charged against the debit or credit card account that you provided at check-in). In addition, you will be responsible for an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that you overstay, as well as any other damages, fees, costs or expenses incurred by the Host or Silicon Beach Stays, including without limitation, as a result of loss of a subsequent booking for the Accommodation or finding alternative accommodations for any subsequent guest who had a booking for the Accommodation for all or any part of the time that you overstayed.

 

Safety and Conduct

 

You have primary responsibility for your own safety and for the safety of anyone that you allow on to the Accommodation during your stay. You must read any fire or health & safety guidance which is provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the Accommodation to the attention of the Silicon Beach Stays and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.

 

If you become aware of anything during your stay which you believe is a health & safety risk, you must inform Silicon Beach Stays immediately. Your Host and Silicon Beach Stays will have access to the Accommodation at all times during your stay to address any such issues.

 

You must comply with the Terms, this Agreement and you must also comply with any building regulations and House Rules and any reasonable directions of the Host or Silicon Beach Stays.

 

You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time, except such number of additional guests as may be specified in the Booking Summary. This agreement is personal to you and may not be transferred to any other person. The Host will not allow any person other than the persons named in the Booking Summary to access or occupy the Accommodation.

 

The Booking Summary may specify the maximum permitted number of guests who are authorized to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation, you will be liable to pay a supplement of up to 100% of your effective daily rate in respect of each unauthorized guest and the booking may be terminated immediately.

 

In addition to complying with the Terms, this Agreement and the House Rules and all reasonable directions you also agree that you will:

 

  • keep the Accommodation clean, tidy and clear of trash and leave the Accommodation in the same condition as you find it;

  • not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us and specified as pet-friendly in the Booking Summary);

  • not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach (in whole or in part) of any insurance in effect with respect of the Accommodation from time to time;

  • if the Accommodation is part of a building or complex with common areas, not obstruct or leave any objects or waste in any common areas;

  • not leave any obstruction outside of the Accommodation;

  • not do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighboring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;

  • not conduct any illegal activity from the Accommodation;

  • not conduct any business or commercial activity whatsoever from the Accommodation;

  • not make any alteration or addition whatsoever to the Accommodation or its contents;

  • not use the Accommodation for any purpose other than for personal accommodation; and

  • not invade the privacy of the Host or publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Host or any personal information regarding the Host or the Accommodation (even if such information is already in the public domain).

 

You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which have been sealed with tamper tape. You may be subject to a charge for any breach of any tamper tape.

 

You hereby indemnify the Host and Silicon Beach Stays in respect of any and all costs, claims, damages, liabilities, and expenses, including, without limitation, reasonable attorneys’ fees and costs) suffered or incurred by the Host or any of the foregoing parties arising out of or relating to a breach by you of this Agreement, including, without limitation this paragraph. In the event of breach, your membership in Silicon Beach Stays may be terminated in accordance with the Terms and this Agreement.

 

Property Damage

 

A written or video inventory will have been taken prior to the commencement of your stay. You must notify Silicon Beach Stays of any damage to the Accommodation, contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.

 

If you do not notify your Silicon Beach Stays of any such damage you will be fully responsible for such damage on a full replacement cost basis.

 

If you do declare any damage, then you are responsible for full replacement cost, but the first US$8 per night of such damage will not be charged to you.

 

You have authorized Silicon Beach Stays to charge any property damage for which you are responsible to the credit or debit card account supplied by you. Any charges for property damage will be charged to such credit or debit card account which you have supplied. You acknowledge that pursuant to the provisions of this Agreement relating to Credit Card Authorization above, Silicon Beach Stays has obtained a pre-authorization for such charges as noted above.

 

Liability and Claims

 

Any claims made by you under this agreement must be made initially through Silicon Beach Stays and in accordance with the Terms. If you notify Silicon Beach Stays within 14 days after making such a claim through Silicon Beach Stays that, in your opinion, the dispute has not been satisfactorily resolved, then Silicon Beach Stays is authorized to provide you with the Host’s details so that you may thereafter pursue the claim directly with the Host.

 

The Host will not have any liability for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement, the Accommodation or the booking (whether such loss arises as a result of negligence, breach of contract, tort or otherwise by the Host or any agent or third party providing services on behalf of the Host). The limitation of liability in favor of Silicon Beach Stays in the Terms applies hereto.

 

Subject to any exceptions set forth in applicable law, the Host’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the amount of the Accommodation Fees and charges payable by you. The Accommodation is a private residence and Hosts are not responsible for any accidents, injuries or illness that occurs on the Accommodation or for any loss of personal belongings or valuables of the Guest. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.

 

Nothing in this clause limits or excludes the liability of the Host for death or personal injury arising as a result of their gross negligence or willful misconduct or the gross negligence of willful misconduct of the Host, Silicon Beach Stays and their respective agents or employees.

 

You agree to indemnify and hold Host and Silicon Beach Stays harmless from any and all liability, claims, loss, property damage or expenses arising by reason of any injury, death or damages sustained by any person, or to the property of any person, including you or the Host or any visitors or invitees whom you permit to enter the Accommodation or the premises of which the Accommodation is a part, where such injury death or damage is caused by your negligent or intentional act or omission, or by any such visitors or invitees.

 

If Host or Silicon Beach Stays is required to engage any attorney to enforce the conditions of this Agreement, the Terms or the House Rules, to collect any amounts due, to remove you or your belongings from the Accommodation, Guest shall be responsible for all reasonable attorneys’ fees and costs incurred in connection with the foregoing,

 

General

 

You agree that you have the power to enter into this agreement.

 

You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to the Host against any amounts that may be owed to you.

 

The Host will be entitled to assign or sub-contract their obligations under this Agreement.

 

The Host will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest or similar occurrences.

 

This Agreement represents the entire agreement between the parties hereto and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise.

 

The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.

 

These conditions are governed by and construed in accordance with the laws of the State of California. You agree to submit to the exclusive jurisdiction of the courts of the state of California and the federal courts situated in the State of California for all disputes between Host and Guest arising out of this Agreement or the Accommodation.

 

If you breach these terms and conditions and the Host decides to take no action or fails to take action on a timely basis, the foregoing shall not be deemed a waiver by the Host of the Host’s rights hereunder and the Host will still be entitled to take action and enforce their rights and remedies for any other breach.

 

Silicon Beach Stays is a third party beneficiary of this Agreement and may rely upon this Agreement and enforce this Agreement to the extent necessary to enforce their respective rights and perform their respective obligations under the Terms and any agreements between the Guest and such parties.

 

Host and Guest Services

 

Silicon Beach Stays may offer certain goods and services to Guests with respect to a Booking that are included in the Booking (“Host Services”) and goods and services that are separate and distinct from the Booking and any agreement that Guest may have with the Host or Third Party Platform (“Guest Services”). This Agreement sets forth the terms and conditions of the Guest Services.

 

Silicon Beach Stays is not an agent of the Host or you, we are not booking agent or hosting platform and we are not a real estate broker, real estate agent, property manager, travel agent, travel seller or reseller or travel promoter. We do not have authority to form a binding agreement between you and the Host for the Booking of an Accommodation. We are solely responsible for the Host Services and Guest Services we provide, subject to the Terms, into which this Agreement is incorporated.

 

In accordance with the Terms, you will contract directly with a Host for the use and occupancy of the Accommodation, principally through a Third Party Platform. We are not responsible for any element of the Accommodation or any part of your agreement with the Host.

 

As set forth in the Terms, Silicon Beach Stays reserves the right, at its sole discretion, to modify, discontinue or terminate any Host or Guest Services, at any time and without prior notice. By continuing to use Host or Guest Services after modification, you are indicating that you agree to be bound by the modified terms of this Agreement. If the modified terms of this Agreement are not acceptable to you, your only recourse is to cease using the Site and Host and Guest Services.

Host Services

 

Silicon Beach Stays provides Host Services in connection with Bookings under the Host Services Agreement. We provide Host Services to and on behalf of Hosts and some of these services may be provided directly to you as set forth below. You must accept the receipt of Host Services as part of your Booking. The cost of Host Services is included in the Accommodation Fee set forth in your Booking Summary and will be paid by the Host.

 

The following are Host Services that may be provided to you:

Welcome to the Accommodation and key hand over;

Cleaning of the accommodation before and during the stay;

Helpdesk services for inquiries regarding the Accommodation;

Housekeeping (changing of linens); and

Check-out and collection of keys.

 

Guest acknowledges and agrees that Silicon Beach Stays may provide the Host Services through one or more third party vendors in its sole discretion. Silicon Beach Stays agrees to provide the Host Services in a timely and professional manner in accordance with this Agreement, but Silicon Beach Stays makes no warranties of any kind, express or implied, with respect to the Host Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.

 

Guest Services

 

We may offer you Guest Services set forth below from time to time in accordance with this Agreement.

The following are Guest Services that we may offer you and for which an additional charge will be payable as set out below:

Concierge services (advice on the area, booking of third party events, reservations etc.);

Equipment hire (hire of audio visual equipment, tablets etc.);

Food ordering;

Stocking of refrigerator;

Any other services requested by a Guest which we agree to provide from time to time.

 

Guest acknowledges and agrees that Silicon Beach Stays may provide the Guest Services through one or more third party vendors in its sole discretion. Silicon Beach Stays agrees to provide the Guest Services in a timely and professional manner in accordance with this Agreement, but Silicon Beach Stays makes no warranties of any kind, express or implied, with respect to the Guest Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.

 

Term and Termination

 

Term. This Agreement is effective from the first date you use the Serices.

Termination. This contract is specific and exclusive to members of Silicon Beach Stays. If your membership in Silicon Beach Stays is terminated for any reason whatsoever, this Agreement shall be terminated.

 

Liability

 

You acknowledge and agree that we are not liable for the provision of goods or services by third parties nor will we be liable if any goods or services requested by you are unavailable during your stay. We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as shortages, unavailability, overbooking, severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar circumstances.

 

This Agreement is subject to the limitations of liability set forth in the Terms.

 

Indemnification

 

Guest agrees to defend, indemnify and hold harmless Silicon Beach Stays, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (“Indemnitees”) from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) the Guest Services performed by Silicon Beach Stays under this Agreement other than those arising because of gross negligence or intentional misconduct by Silicon Beach Stays or any of its officers, agents, directors or employees; (2) any damage to or destruction of any property by Guests, any third party, or any terrorism, acts of nature, or acts of God; (3) any injury to or death of any person from any cause whatsoever; and (3) any error of judgment by Indemnitees or any mistake of law or fact by Indemnitees.

 

Miscellaneous

 

Successors and Assigns. This Agreement shall benefit Silicon Beach Stays, its successors and any permitted assigns. This Agreement shall not be assignable by Host without the express written consent of Silicon Beach Stays, but may be freely transferred, assigned, or delegated by Silicon Beach Stays.

 

Entire Agreement. This Agreement, and the Terms into which this Agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information and understandings.

 

Waiver. If Guest breaches any term of this Agreement and Silicon Beach Stays decides to take no action or neglects to do so, then Silicon Beach Stays will still be entitled to take action and enforce our rights and remedies for any other breach.

Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

 

Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.

 

Notice. All notices and other communications under this Agreement shall be provided as set forth in the Terms.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

 

Dispute Resolution. Silicon Beach Stays and Guest agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the terms of this Agreement, such dispute shall be resolved as set forth in the Terms.