BokinStay Terms and Conditions:
1. RENTAL TERM: BokinStay Accommodation and Vacation Rentals agrees to provide the Unit for rental to the Guest through the varieties of different channels of hosts around the world , and the Guest agrees to rent the Unit from BokinStay Accommodation and Vacation Rentals, as defined below (the “Term”) as well as all information listed on our website description for said rental or channels.
2. RENTAL PRICE: Guests agree to pay the rental price including cleaning fee, sales tax, and tourist tax.
3. RESERVATION DEPOSIT: Guests will pay 50% at the time of booking before check-in.
4. CANCELLATION AND REFUND POLICY:
Guests and hosts must notify BokinStay of its intent to cancel the Reservation no less than 30 days in advance of the Start Date of the Reservation.
Original payment method refund policy:
If BokinStay should need to cancel the booking, the guest will receive a 90% refund. If the guest requests cancellation before 30 days before arrival, the guest receives an 80% refund for the amount paid (20% transaction fee will be deducted),. Canceling within 30 days, 50% will be refunded to the original payment method . cancel Within 7 days, it is nonrefundable . Service fees are nonrefundable.
BokinStay wallet refund policy:
If BokinStay should need to cancel the booking, the full refund will be made to the guest BokinStay wallet. If the guest requests cancellation before 30 days before arrival, the guest receives a full refund into their BokinStay wallet,. Canceling within 30 days, guest will receive a full refund into their BokinStay wallet. cancel Within 7 days, guest will receive a 50% refund into their BokinStay wallet . Service fees are Refundable.
Guest can use their wallet balance at anytime to pay for another booking from any BokinStay host or transfer their wallet balance to their family and friends BokinStay wallet which they can use to pay for their own booking on our site. the balance on Guest BokinStay wallet does not expire and can be used for future booking, renting on our site.
Hosts that cancel booking at any time are subjected to $43 cancellation fees per booking that is canceled which will be deducted from the host account before payment is made to the host.
. 5. GUEST DOCUMENTS:
As a security protocol, we ask all our customers to provide a selfie with their photo ID or upload your photo ID or show your photo ID during check-in
6. DAMAGES:
Upon Guest’s check out, the Unit will be inspected by a member of the staff or your host. If damages are found to the Unit, the cost to fix or replace the damages shall be assessed to the Guest’s credit card, which shall be charged for the full amount for fixing or replacing the damaged items. Guest agrees that Guest’s credit card on file may be charged to cover any such damage or the damage cost will be deducted from the customer’s deposit then the remaining balance after the damage cost will be refunded to the customer’s BSWallet.
7. CONFIRMATION NOTICE:
The customer will receive the confirmation along with arrival instructions via email. Sometimes the confirmation will go to the junk or spam mailbox. Please check this before contacting us. You will need to look over your confirmation to make sure all the information is correct. Please pay special attention to the property, check-in and check-out dates, and rate.
8. LOST ITEMS OR LEFT ITEMS:
BokinStay assumes no responsibility for lost, stolen, or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $50.00 handling charge plus shipping costs for any found items returned at the Guest’s request. BokinStay shall not be held liable for the condition of said items. Any items not claimed for longer than 30 days may be donated or sold.
9. NO PARTIES:
All of our rentals are in residential areas and may NOT be used for weddings, receptions, parties, or or large gatherings. Any disruptive events could result in the eviction and forfeiture of the entire rental amount. The Guest agrees to abide by all house rules and regulations set forth by the Host, including but not limited to noise restrictions, smoking policies, and pet regulations.
10. ILLEGAL SUBSTANCES:
No illegal substances are allowed in the rental, and minors should not have alcohol. Violations will result in eviction from the property and no refunds will be issued.
11. Security Deposit: The Guest shall provide a security deposit of $100 to cover any damages or losses, dirty rental incurred during the rental period. The security deposit will be refunded within 30 days after the end of the rental period if no damage or losses or dirt occur. All deposits will be refunded into customer’s BSWallet, which the balance in customer’s BSWallet can be used for future reservation from any host in BokinStay.
12. SYSTEM(S) FAILURES:
In the event, the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub, or other system or structural systems, neither the property owner nor BokinStay shall be liable to Guest for damages, and no refunds will be given for such failures. However,the host will make an effort to promptly repair or replace the failed system or equipment, and in such event, the Guest agrees to permit the Manager or its service provider to have reasonable access to the property to inspect and make such repairs.
13. UNFORESEEN OCCURRENCES:
BokinStay will not assume liability for any loss, damage, or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of the Management company. It is highly recommended that the Guest considers travel and/or rental insurance. We cannot be held responsible for circumstances beyond our control. This includes excessive noise from construction or public/private events, wildfire/smoke, weather-related interruptions, road closures, lack of snow, frozen pipes, interruption of services and utilities, or unexpected appliance breakdown.
14. RULES; REGULATIONS:
NO COMMERCIAL USE. Guest agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Guest. Guest shall not, and shall ensure that Guest and licensees of Guest shall not: (i) disturb, annoy, endanger, or interfere with other Guests of the building in which Premises is located or its neighbors; (ii) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.
15. MAINTENANCE & REPORTING:
Guest shall properly use, operate, and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances, and all mechanical, electrical, gas, and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify the host of any problem, malfunction, or damage. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction, or damage promptly.
16. TERMINATION OF OCCUPANCY:
Upon termination of occupancy, Guest shall: (i) return all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to host empty of all persons at agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to the host in the same condition less ordinary wear and tear as received upon arrival.
17. PERSONAL PROPERTY AND INJURY:
(i) Owner Insurance: Guest personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/ BokinStay does not insure against personal injury to guests, guests, or licensees due to any reason other than the condition of the Premises. (ii) Guest Insurance: BokinStay recommends that Guests carry or obtain insurance to protect guests and licensees and their personal property from any loss or damage. (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend and hold harmless host and BokinStay from all claims, disputes, litigation, judgments, costs, and attorney fees resulting from loss, damage, or injury to Guest or licensees or their personal property.
18. PETS:
Pets are NOT allowed. If any unauthorized pet is discovered on Premises, the Guest will be asked to leave without refund as the Guest will be in breach of this Agreement.
19. ZERO-TOLERANCE POLICY
Guest will be immediately asked to vacate the property if the following rules are broken:
A. Maximum Occupancy. Please make sure you do not have more guests at the property than the property accommodates. At no time can there be more guests at the home than the maximum occupancy. This includes friends and family visiting.
B. Unless paperwork is provided for a service dog before arrival, we have a zero-pet policy.
C. We have a non-smoking policy. If evidence of smoking is found by our cleaning staff or host a charge of $ 25 will be due on the Guest’s credit card on file.
D. Careless action and known damage that has occurred during the stay. Please note the individual owner of the property can pursue legal action for damages that occur in the home that is larger than the deposit taken.
E. Underage Drinking or use of illegal substances
F. Noise Disturbances that are affects guests in other homes around the house you are staying in
G. The lead guest on the reservation must be staying in the home for the entire stay.
20. Check-in and Check-out:
The Guest agrees to check in on host date after host time specified during booking and check out on Short-Term or long term Rental Agreement. Late check-in or check-out is subject to prior arrangement and an extra fee. Delayed vacating of the property will result in a full day’s rental charge to the Guest
21. Liability:
The Guest agrees to abide by all house rules and regulations set forth by the Host, including but not limited to noise restrictions, smoking policies, and pet regulations.
22. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (
1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms and Conditions;
(4) you are not under the age of 13;
(5) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(7) you will not use the Site for any illegal or unauthorized purpose;
(8) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any portion
23. DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Miami Dade county, Florida, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose. Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Miami Dade County, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Miami Dade County, Florida, and the Parties hereby
consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. Option 3: Binding Arbitration To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Miami Dade County, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Miami Dade, Florida, and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. Option 2/Option 3: Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Option 2/Option 3: Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. CORRECTIONS There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
24. CORRECTIONS;
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
25. DISCLAIMER:
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
