MiniStays Terms of Service

Section 22 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against MiniStays in the United States. Please read them carefully.

Thank you for using MiniStays!

These Terms of Service (“Terms”) are a binding legal agreement between you and MiniStays that govern the right to use the websites, applications, and other offerings from MiniStays (collectively, the “MiniStays Platform”). When used in these Terms, “MiniStays,” “we,” “us,” or “our” refers to the MiniStays entity.

The MiniStays Platform enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), also referred to as a “Listing”. As the provider of the MiniStays Platform, MiniStays does not own, control, offer or manage any Listings. MiniStays is not a party to the contracts entered into directly between Hosts and Guests, nor is MiniStays a real estate broker, travel agency, or insurer. MiniStays is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about MiniStays’s role see Section 15.

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the MiniStays payment entities (collectively “MiniStays Payments“).

Table of Contents

Guest Terms

1. Searching and Booking on MiniStays.

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

3. Your Responsibilities and Assumption of Risk.

Host Terms

4. Hosting on MiniStays.

5. Managing Your Listing.

6. Cancellations, Reservation Issues, and Booking Modifications.

7. Taxes.

General Terms

8. Reviews.

9. Content.

10. Fees.

11. MiniStays Platform Rules.

12. Termination, Suspension and other Measures.

13. Modification.

14. Resolving Complaints and Damage Claims.

15. MiniStays’s Role.

16. Member Accounts.

17. Disclaimer of Warranties.

18. Limitations on Liability.

19. Indemnification.

20. United States Governing Law and Venue.

21. United States Dispute Resolution and Arbitration Agreement.

22. Miscellaneous.

Guest Terms

1. Searching and Booking on MiniStays.

1.1 Searching. You can search for Accommodations by using criteria like the type of type of listing, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, popularity, previous trips and saved listings.

1.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like MiniStays service fee, Security Deposit, and any other items identified during checkout (collectively, “Total Due Today”). You will only be charged the Security Deposit and the MiniStays service fee upfront to reserve your stay. Your next payment will be automatically charged on your move in date using your payment method on file. If your stay exceeds 30 days, you will be charged every 30 days after the initial start date until your end date.

When you receive the booking confirmation, a contract for Host Services (a “Reservation“) is formed directly between you and the Host. By making a Reservation you are agreeing to the terms of the contract. The terms of the contract include these Terms, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of the Reservation including all rules, standards, policies, and requirements prior to booking a Listing.

1.3 Accommodation Reservations. An Accommodation Reservation is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) permitted by applicable law. If you stay past checkout, the Host has the right to make you leave in a manner permitted with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.

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

2.1 Cancellations, Reservation Issues, and Refunds. In general, if you cancel a Reservation, the amount refunded to you is determined by the Host’s cancellation policy that applies to that Reservation.

In regards to the MiniStays Security Deposit Policy, the Host shall retain the security deposit for the entire term of this reservation, including any extensions. Owner may use the security deposit as permitted by state law where the property is located, and shall, to extent required by state law, return any remaining portion of the security deposit to the Guest within 10 days of the reservation’s end date.

In the event the reservation is cancelled prior to the start date, MiniStays will charge back the Host and return the security deposit back to the Guest less any service fees.

In the event the reservation is cancelled during the reservation, make sure to clarify with the Host how the deposit is handled in conjunction with the Host’s Cancellation Policy.

MiniStays does not hold, nor is MiniStays responsible for returning the Security Deposit once the rental period has started. It is between the Host and Guest to coordinate the return of the Security Deposit.

2.2 Booking Modifications. Guests and Hosts are responsible for any booking modifications they agree to make via the MiniStays Platform or direct MiniStays customer service to make on their behalf (“Booking Modifications“), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

3. Your Responsibilities and Assumption of Risk.

3.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, all areas and facilities where the Accommodation is located that the Host and Guest are legally entitled to use in connection with the Accommodation (“Common Areas”). For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

3.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the MiniStays Platform and any Content (as defined in Section 9), including your stay at any Accommodation or any interaction you have with other Members whether in person or online. This means it is your responsibility to investigate an Accommodation to determine whether it is suitable for you. For example, Accommodations may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Accommodations.

Host Terms

4. Hosting on MiniStays.

4.1 Host. As a Host, MiniStays offers you the right to use the MiniStays Platform in accordance with these Terms to share your Accommodation with our vibrant community of Guests – and earn money doing it. It’s easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing.

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

4.3 Independence of Hosts. Your relationship with MiniStays is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of MiniStays. MiniStays does not direct or control your Accommodation, and you understand that you have complete discretion whether and when to provide Accommodations, and at what price and on what terms to offer them.

5. Managing Your Listing.

5.1 Creating and Managing Your Listing. The MiniStays Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Accommodation, your price, other charges like cleaning fees, pet fees, Security Deposits, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts or omissions as well as keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Accommodations and we suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay.

5.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Accommodations you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Accommodations you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.

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

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

Search results may be different on our mobile application than on our website. This may also differ in the map view. MiniStays may allow Hosts to promote their Listings in search or elsewhere on the MiniStays Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Center.

5.4 Your Responsibilities. You are responsible and liable for your own acts and omissions. You’re also responsible for the acts and omissions of anyone you allow to participate in providing your Accommodations. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the MiniStays Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the MiniStays Platform in violation of our Off-Platform Policy.

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

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

6. Cancellations, Reservation Issues, and Booking Modifications.

6.1 Cancellations and Reservation Issues. In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. You agree that MiniStays’s Rebooking and Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made.

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

7. Taxes.

7.1 Host Taxes. As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes“).

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

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

General Terms

8. Reviews.

After each Accommodation, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms, applicable law, or our Content Policy or Review Policy. Reviews are not verified by MiniStays for accuracy and may be incorrect or misleading.

9. Content.

Parts of the MiniStays Platform enable you to provide feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant MiniStays a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the MiniStays Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where MiniStays pays for the creation of Content or facilitates its creation, MiniStays may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant MiniStays the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that MiniStays may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. MiniStays does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

10. Fees.

MiniStays may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the MiniStays Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Any applicable fees are disclosed to Guests before making a Booking. Except as otherwise provided on the MiniStays Platform, service fees are non-refundable. MiniStays reserves the right to change the service fees at any time. However, MiniStays will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2.

11. MiniStays Platform Rules.

11.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.

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

11.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting MiniStays. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to MiniStays. If you reported an issue to local authorities, MiniStays may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

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

12. Termination, Suspension and other Measures.

12.1 Term. The agreement between you and MiniStays reflected by these Terms is effective when you access the MiniStays Platform, (for example to create an account). This remains in effect until either you or we terminate the agreement in accordance with these Terms.

12.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. MiniStays may terminate this agreement and your account for any reason by providing you 30 days’ notice via email. Or by using any other contact information you have provided for your account. MiniStays may also terminate this agreement immediately and without notice and stop providing access to the MiniStays Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect MiniStays, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

12.3 Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards. (ii) You violate applicable laws, regulations, or third-party rights. Or, (iii) MiniStays believes it is reasonably necessary to protect MiniStays, its Members, or third parties; MiniStays may, with or without prior notice:

• suspend or limit your access to or use of the MiniStays Platform and/or your account;
• suspend, remove, disable access to, or restrict visibility of Listings, Reviews, or other Content;
• cancel pending or confirmed bookings; or
• suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as MiniStays determines in its sole discretion, you will be given notice of any intended measure by MiniStays and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is canceled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.

12.4 Legal Mandates. MiniStays may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 12.3.

12.5 Effect of Termination. If you are a Host and terminate your MiniStays account, any confirmed booking(s) will be automatically canceled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the MiniStays Platform has been limited, or your MiniStays account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the MiniStays Platform through an account of another Member.

12.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 1 through 25.

13. Modification.

MiniStays may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the MiniStays Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the MiniStays Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the MiniStays Platform will constitute acceptance of the revised Terms.

14. Resolving Complaints and Damage Claims.

If a Member provides valid evidence that you, your guest(s), or your pet(s) have:

(i) damaged the complaining Member’s, or the Accommodation owner’s (where the Accommodation owner is not also the Host), real or personal property, or real or personal property the complaining Member is responsible for, or has an economic interest in; or 

(ii) caused loss of booking income for bookings via the MiniStays Platform or other consequential damages which result directly from the damage caused under (i) above; or

(iii) otherwise caused the complaining Member to incur cleaning costs in excess of the Member’s cleaning fee

The complaining Member can notify MiniStays and/or the Host may use the security deposit as permitted by state law where the property is located.

If the Damage Claim is escalated to MiniStays and MiniStays determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, MiniStays via MiniStays Payments can collect the amount of the Damage Claim from you. You agree that MiniStays may seek to recover from you under any insurance policies you maintain and that MiniStays may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information MiniStays requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.

15. MiniStays Role.

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Accommodations. While we work hard to ensure our Members have great experiences using MiniStays, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that MiniStays has the right, but does not have any obligation, to monitor the use of the MiniStays Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the MiniStays Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that MiniStays administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist MiniStays in good faith, and to provide MiniStays with such information and take such actions as may be reasonably requested by MiniStays with respect to any investigation undertaken by MiniStays regarding the use or abuse of the MiniStays Platform. MiniStays is not acting as an agent for any Member except for where MiniStays Payments acts as a collection agent as provided in the Payments Terms.

16. Member Accounts.

You must register an account to access and use many features of the MiniStays Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the MiniStays Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify MiniStays if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

17. Disclaimer of Warranties.

We provide the MiniStays Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the MiniStays Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or MiniStays has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties MiniStays cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

18. Limitations on Liability.

Neither MiniStays (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the MiniStays Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the MiniStays Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the MiniStays Platform, or (iv) publishing or booking of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not MiniStays has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments to Hosts under these Terms, or make payments under the MiniStays Host Damage Protection, in no event will MiniStays’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the MiniStays Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).

These limitations of liability and damages are fundamental elements of the agreement between you and MiniStays. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

19. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at MiniStays’s option), indemnify, and hold MiniStays (including MiniStays Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms,  Policies or Standards, (ii) your improper use of the MiniStays Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

20. United States Governing Law and Venue.

If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 22 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.

21. United States Dispute Resolution and Arbitration Agreement.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND MINISTAYS AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.

21.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against MiniStays in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 22 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

21.2 Overview of Dispute Resolution Process. MiniStays is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 22 applies: (1) an informal negotiation directly with MiniStays customer service team (described in paragraph 22.3, below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and MiniStays each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

21.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and MiniStays each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice“) and attempt in good faith to negotiate an informal resolution of the individual claim. MiniStays will send its Pre-Dispute Notice to the email address associated with your MiniStays account. A Pre-Dispute Notice must include: the date, your name, mailing address, your MiniStays username, the email address you used to set up your MiniStays account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 22.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.

21.4 Agreement to Arbitrate. You and MiniStays mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the MiniStays Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and MiniStays agree that an arbitrator will decide that issue. For the avoidance of doubt, you and MiniStays agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 22, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.

21.5 Exceptions to Arbitration Agreement. You and MiniStays each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the MiniStays Platform or Host Services. You and MiniStays agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

21.6 Arbitration Forum Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules“) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and MiniStays shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or MiniStays may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.

21.7 Modification of Arbitration Rules – Arbitration Hearing/Location. In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.

21.8 Modification of Arbitration Rules – Arbitration Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide MiniStays with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, MiniStays will pay your share of any arbitrator fees.

21.9 Modification of Arbitration Rules – Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement. Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.

21.10 Arbitrator’s Decision. The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the ADR Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

21.11 Jury Trial Waiver. You and MiniStays acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.

21.12 No Class Actions or Representative Proceedings. You and MiniStays acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

21.13 Mass Action Waiver. You and MiniStays acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and MiniStays agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 21 and 22.12 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or MiniStays from participating in a mass settlement of claims.

21.14 Modification of Arbitration Rules – Mass Action Batching Requirements. If for any reason, notwithstanding Section 22.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 21 and 22.12 of these Terms.

21.15 Modifications of Arbitration Rules – Offers of Judgment. At least 10 days before the date set for the arbitration hearing, you or MiniStays may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.

21.16 Severability. Except as provided in Section 22.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

21.17 Amendment to Agreement to Arbitrate. If MiniStays amends this Section 22 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your MiniStays username, the email address you used to set up your MiniStays account, your signature, and an unequivocal statement that you want to opt out of the amended Section 22. You must email the opt-out notice to support@MiniStays.com. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and MiniStays (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and MiniStays.

21.18 Survival. Except as provided in Section 22.12 and subject to Section 12.6, this Section 22 will survive any termination of these Terms and will continue to apply even if you stop using the MiniStays Platform or terminate your MiniStays account.

22. Miscellaneous.

22.1 Other Terms Incorporated by Reference. Our Rebooking and Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Additional Legal Terms, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the MiniStays Platform, are incorporated by reference into this policy, and form part of your agreement with MiniStays.

22.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between MiniStays and you pertaining to your access to or use of the MiniStays Platform and supersede any and all prior oral or written understandings or agreements between MiniStays and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and MiniStays. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 22.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

22.3 No Waiver. MiniStays failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

22.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without MiniStays prior written consent. MiniStays may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

22.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by MiniStays via email, MiniStays Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide.

22.6 Third-Party Services. The MiniStays Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. MiniStays is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

22.7 Google Terms. Some translations on the MiniStays Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the MiniStays Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

22.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

22.9 Platform Content. Content made available through the MiniStays Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of MiniStays and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the MiniStays Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, MiniStays grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Platform Content made available on or through the MiniStays Platform and accessible to you, solely for your personal and non-commercial use.

22.10 Force Majeure. MiniStays shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

22.11 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your MiniStays account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an MiniStays account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.

22.12 Contact Us. If you have any questions about these Terms please email us.