BidBookStay Terms & Conditions

Guests can use the BidBookStay platform to search for, book, and bid on property rentals. When a Guest books a rental property through the Platform, they enter into a contract with the Host, referred to as the “Reservation”. All payments will be handled through the Platform according to the terms below, referred to as the “Payment Terms”.

When booking a property, you the Guest, agree to pay all charges for the Reservation including the total stay price and all applicable fees. You also agree that BidBookStay may charge the total amount owed to the payment method provided when the booking is confirmed. Once you receive a booking confirmation, the Reservation is formed. You are responsible for complying with all rules and terms of the Reservation, including but not limited to, the cancellation policy, house rules, and standard policies identified for the property. BidBookStay charges a service fee that allows us to operate our Platform and continue to give our users the best experience possible.

When you place a bid on a property you agree to pay all charges associated therewith, including the total bid (stay) price and all applicable fees should your bid be accepted by the Host. A Host can accept your bid at any time while it is active. You can cancel your bid at any time as long as a Host has not accepted it yet. When a Host accepts a bid, it will immediately be processed into a Reservation. You also agree that if your bid is accepted by the Host, BidBookStay may charge the total bid amount to the payment method provided when the booking is confirmed. Once your bid is accepted, the property will be booked, and you will be held to all terms displayed in above section “1.1. Booking a Stay”.

When a property is booked and the Reservation is confirmed, a limited license to enter, occupy, and use the property is granted to the Guest during the period of the Reservation. During a Guest stay, the Host has the right to enter the property under the following circumstances: it is reasonably necessary, permitted by the reservation details, and consistent with applicable law. A Guest is not permitted to stay past the checkout date and time. If a Guest stays in the property past the checkout time, the Host has the right to make the Guest vacate the property in a manner that is consistent with applicable law and pursue overstay compensation from the Guest. Overstay compensation may include but is not limited to, late checkout fees, additional nightly charges, etc. A Guest is bound by the Reservation contract to not exceed the maximum number of Guests allowed at the property.

In the event where you, the Guest, cancels your reservation, you will be refunded the amount, if any, determined by the cancellation policy set forth under the Reservation for the property. The refund will be issued to the payment method that was provided when the property was booked. In the event where you, the Guest, must cancel a reservation due to an issue outside of your control such as travel delays or emergencies, the cancellation policy set forth under the Reservation for the property will still apply. You will be refunded the amount determined by the cancellation policy

In the rare event where a Host cancels a reservation, the full amount paid will be refunded to the Guest. BidBookStay is not responsible for any money lost due to a Host cancellation, including but not limited to airfare, car rentals, and other travel expenses.

You, the Guest, are responsible for your own acts and for the acts of any individual you invite to or grant access to the property. You are responsible for leaving all properties in the state they were in when you and your party arrived. You are responsible for paying all reasonable damage claim amounts necessary to remedy damages caused by you, your guests, your pets, or anyone who you invite to or grant access to the property. You must comply with all applicable laws at all times and act in a manner in accordance with the BidBookStay Community Guidelines.

You, the Guest, 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 Platform and any Content (as defined in section 3.2), including your stay at any rental property, use of any associated or Host service, or any other interaction you have with other Users whether in person or online. This means it is your responsibility to investigate associated and/or Host services to determine whether they are suitable for you. For example, such services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those services.

Hosts can use the BidBookStay platform to list their property for rent. When a Guest books a Host rental property through the Platform, the Host enters into a contract with the Guest, referred to as the “Reservation”. All payments will be handled through the Platform according to the terms below, referred to as the “Payment Terms”.

You, the Host, are responsible for delivering your services according to the information and pricing specified on your listing page. You agree to pay the BidBookStay service fee that allows us to run our platform and offer you the best experience possible. You as a Host, are responsible for including all applicable taxes and additional fees when creating your listing. You are responsible for knowing and complying with all laws, rules, and regulations for renting your property in your area. You are responsible for providing clear and up to date information on your listing around rules, policies, accessibility, and property features.

When a Host accepts a booking, whether manually or automated through the platform, or accepts a bid, they enter into a contract with Guest to provide occupancy of their property according to all information on the property listing at the time of booking or when the guest submits a bid. Hosts should respond to all Guest inquiries regarding their listing in a clear and timely manner to provide an enjoyable experience.

You, the Host are responsible for creating and managing your listing on the Platform. All information provided must be accurate and up to date. Your listing must include accurate pricing, taxes, and all related fees as well as up to date information on property rules, policies, and property features. You are responsible for keeping your calendar availability and property photos up to date. BidBookStay strongly recommends that Hosts acquire sufficient property insurance to protect themselves further from any potential issues during a stay. Hosts are not allowed to have multiple listings for the same property on the platform.

In the rare event where a Guest cancels their Reservation, you the Host, will be paid the Reservation amount associated with the cancellation policy of your listing. BidBookStay is not liable for any lost revenue or potential revenue due to a Guest cancellation.
The cancellation policies that Hosts can select for their properties are as follows:

“24 Hour Cancellation Policy (Lenient)”

• If the reservation is cancelled at least 24 hours before check-in time/date, the full reservation amount will be refunded, minus the service fee.
• If the reservation is cancelled less than 24 hours before check-in time/date, the first night and service fee will not be refunded. The remainder of the reservation will be refunded.

“7 Day Cancellation Policy (Moderate)”

• If the reservation is cancelled within 24 hours of making the reservation or at least 7 days before check-in time/date, the full reservation amount will be refunded, minus the service fee.
• If the reservation is cancelled after 24 hours of making the reservation and less than 7 days before check-in time/date, 50% of the reservation amount will be refunded, minus the service fee.

“14 Day Cancellation Policy (Moderate)”

• If the reservation is cancelled at least 14 days prior to check-in date/time, the full reservation amount will be refunded, minus the service fee.
• If the reservation is cancelled less than 14 days and at least 7 days before check-in time/date, 50% of the reservation amount will be refunded, minus the service fee.
• If the reservation is cancelled less than 7 days before check-in date/time, no refund will be issued.

“30 Day Cancellation Policy (Strict)”

• If the reservation is cancelled at least 30 days prior to check-in date/time, the full reservation amount will be refunded, minus the service fee.
• If the reservation is cancelled less than 30 days and at least 14 days before check-in time/date, 50% of the reservation amount will be refunded, minus the service fee.
• If the reservation is cancelled less than 14 days before check-in date/time, no refund will be issued.

“Non-Refundable”

• The reservation is non-refundable.

Hosts should do everything in their power to not cancel any Reservation and honor their commitment to provide their Host services to the Guest. If a Host must cancel a Reservation, the full amount of the booking will be refunded to the Guest. Hosts will also be subject to a cancellation penalty and potential review and/or suspension from the Platform. The Host cancellation penalties are as follows:

• If host cancellation occurs less than 7 days before Guest check in, the penalty fee = 50% of the reservation amount
• If host cancellation occurs between 7 to 14 days before Guest check in, the penalty fee = 30% of the reservation amount
• If host cancellation occurs more than 14 days before Guest check in, the penalty fee =10% of the reservation amount

Penalty fees are subject to a minimum amount of $50 and a maximum amount of $500.

You, the Host, are responsible for knowing and fulfilling your obligations to report and collect all applicable taxes. You are also responsible for including in your listing the correct tax fee associated with your region.

BidBookStay uses a third-party provider, Stripe.com, to manage all payments and transfer of funds between parties. During the registration process, a Stripe.com account will be created for the Host. This account is where all Host payouts from Reservations will be sent. Hosts generally will be paid out 48 hours after the completion of a Guest stay if there are no pending issues or claims submitted by the Guest or delays with the payment processor or otherwise beyond our control. BidBookStay is not liable for any delays in Host payouts due to these issues or claims submitted. BidBookStay also is not liable for any chargebacks to your account with the credit card company. In case of chargebacks, the credit card company, not BidBookStay, makes all decisions. If the credit card company reverses or refuses to make a payout, we have no power to overturn the credit card company’s decision. Although we may make an effort to assist you as we deem reasonable, disputing the chargeback is the Host’s responsibility.

You, the Host, are responsible for your own acts and are also responsible for the acts of anyone you include in delivering your hosting service. You are responsible for complying with any laws, regulations, and ordinances that apply to your property and renting out your property in your area. This includes but is not limited to homeowner association rules, city zoning rules, jurisdiction regulations around property rentals, and all eviction laws. Any information on hosting provided by BidBookStay is for informational purposes only and it is the responsibility of the Host to acknowledge, understand, and comply with all rental laws of their area. You are responsible for the proper handling and use of any personal information a Guest might share and to comply with all applicable privacy laws and BidBookStay Terms around privacy (see section 2.8). You must always comply with all laws at all times and act in a manner of that according to the BidBookStay community guidelines.

You agree that, with respect to Guests’ or other Users’ personal information that you obtain directly or indirectly from or through the Platform, we have granted to you a license to use such information only for: (i) Platform-related communications that are not unsolicited commercial messages, (ii) using services offered through the Platform, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Platform (such as inquiring about or booking a property or charging a personal credit card). Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.

In all cases, you must give Users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without the consent of the other User. You agree that other Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other Users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Platform User, even a User who has rented a short-term property from you or to you, to your mailing list (email or physical mail) without the User's express consent. You may not use any tool or service on the Platform to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.

In certain jurisdictions, regulations may require BidBookStay to collect and/or report tax information about you, the Host, to the appropriate agencies.

You, the Host, acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Platform and any interaction you have with other Users whether in person or online. You agree that you have had the opportunity to investigate the Platform and any laws, rules, regulations, or obligations that may be applicable to your rental properties and that you are not relying upon any statement of law made by us

After each stay, Guests and Hosts will have the option to submit a review of their overall experience with one another and the property the Guest stayed in. Reviews must be accurate and not contain any inappropriate, offensive, or discriminatory language. Reviews must not have any content that violates the language set forth in our Community Guidelines. BidBookStay is not responsible for any misuse or inappropriate language that appears in reviews. BidBookStay reserves the right to remove any review we deem inaccurate or containing language that violates our community guidelines.

Users are responsible for all content they provide on the Platform, including but not limited to feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content you grant BidBookStay a non-exclusive royalty-free, irrevocable, perpetual, worldwide, transferable, sublicensable license to copy, modify, distribute, and publish your Content on our website. If your Content includes personal information, please review our Privacy Policy to understand how that Content will be used and maintained. You are fully liable if any of your provided Content violates any intellectual property or privacy rights of a third party.

BidBookStay cannot ensure the accuracy of any Content provided by Users and is not responsible for false information provided by Users. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform may include Content provided by third parties, including materials provided by other Users, third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all responses to questions and other Content, other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

To allow us to operate our platform and continue to give our users the best experience possible, BidBookStay will charge fees to the Hosts and Guests. Service fees are collected when the payment is processed for a stay and are non-refundable. These fees will be specifically stated during the booking and/or bidding process. BidBookStay reserves the right to change service fees at any time. Hosts will be subject to a payment processing fee of 2.99% of the total reservation amount paid by a Guest.

BidBookStay uses the third-party payment service provider Stripe.com to process all payments and movement of funds on the Platform. All payments and transactions must be handled through the Platform. Users must be at least 18 years old and be in good standing with the Terms of Service to use our payment processor. Users must keep all personal information and payment information up to date in order to use the Platform. A failure to keep information up to date may result in errors or delays in transactions. BidBookStay is not liable for any payment issues or delays in payment due to extenuating circumstances. This includes but is not limited to: Inaccurate or outdated account information provided by Users, loss of account credentials by user, Stripe.com platform system crashes or downtime, etc.

Users must follow the rules listed below as well as act in accordance with our community guidelines:

• Treat others with respect.
• Do not lie about your identity or attempt to misrepresent yourself.
• Do not provide any false or misleading information.
• Do not misuse, hack, or attempt to damage the BidBookStay Platform and its functionality.
• Do not use any outside payment services or accept any payments outside of the Platform.
• Do not use others personal information for anything outside facilitating a transaction on the Platform.
• Do not use, copy, or mirror any Content related to BidBookStay or Content on the Platform without the consent of BidBookStay.
• Do not use the Platform for anything other than its intended purpose.
• Understand and follow all applicable the laws when using the Platform and during a stay.
• Read and follow our Terms of Service, Privacy Policy, and Community Guidelines.
• Do not organize or facilitate unauthorized parties or events. Unauthorized parties or events include but are not limited to; a party/event/gathering where the number of individuals in the property exceeds the max number of guests as defined by in the property listing, a party or event that violates property specific rules called out in the property listing, etc.
• Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with BidBookStay branding.
• Do not send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (defined below) set out in these Terms.
• Do not transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation through the Platform.
• Do not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• Do not engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.

Additionally, you agree not to:

• State any discriminatory preference based on race, age, national origin, religion, sex, sexual orientation, gender identification or expression, familial status or disability, or based on any other characteristic prohibited by federal, state, or local law.
• Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
• Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Platform.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform.

BidBookStay reserves the right to remove or suspend any user from the Platform we feel has violated our Terms or another User’s rights. All complaints are to be submitted to BidBookStay through the Help Center on the Platform.

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide mobile or other applications for download, you may download a single copy to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• Access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any Content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

MAADA Corporation, BidBookStay, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

In the event where you, the Guest, or any individual you invite to or grant access to the property, or your pet(s) cause damage to the property, you are responsible for paying all reasonable claim amounts necessary to remedy all damages. If a Host provides valid evidence that damage occurred during your stay, you will be notified of a damage claim (the “Damage Claim”) by BidBookStay and given the opportunity to respond. If you agree to pay the damage within the time limit identified in the Damage Claim, BidBookStay may charge the Damage Claim amount to the provided payment method. If you do not agree to pay the damage claim, or the payment does not process, the host may take legal action against you, the Guest.

BidBookStay is not responsible for the mediation or resolution of any Damage Claims

All Content on the BidBookStay Platform, including but not limited to text, images, graphics, logos, icons, software, and listings, is the property of BidBookStay or its Content suppliers and is protected by international copyright laws.

The reproduction, modification, distribution, transmission, republication, or display of the Content on BidBookStay without our prior written permission is strictly prohibited.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• the URL of the listing or page on our website where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner&aposs behalf.

Our designated copyright agent to receive DMCA Notices is:

Matthew Grachen
8878 Covenant Ave. #169
support@bidbookstay.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

In case of any copyright infringement, we reserve the right to remove the infringing content from our Platform without prior notice and take any other action we deem appropriate.

You must register an account to use and perform transactions on the BidBookStay Platform. You must be 18 years old and provide a valid government issued ID to register your account. If you are registering an account on behalf of another company or entity, then the registering individual is the representative of the company or entity and is liable as such. You represent and warrant that you are not a person or entity barred from using the BidBookStay Platform. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or 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 liable and responsible for all activities that occur on your account and must notify BidBookStay immediately if you suspect that your account has been compromised or your credentials have been lost or stolen

The Platform may contain forums, bulletin boards, and other interactive features (collectively,"Interactive Services") that allow Users to post, submit, publish, display, or transmit to other Users or other persons (hereinafter, "post") Content (collectively, "User Contributions") on or through the Platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the Content or accuracy of any User Contributions posted by you or any other User of the Platform.

These content standards (the "Content Standards") apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, and local laws, rules, and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identification or expression, familial status, or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Platform or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
• Terminate or suspend your account and/or access to all or part of the Platform for any violation of these Terms.
• Suspend or delete your listings
• Suspend or delete any Content you have provided
• Cancel your pending or confirmed reservations

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

We may take any or all of the foregoing actions with or without notice at our discretion. For minor violations resulting in any suspension(s), you may appeal the suspension(s) by contacting BidBookStay through our Help Center. BidBookStay is not liable for any loss of funds or fees incurred during this period.

Your account may be terminated at any time by you, the user, by deleting your account or notifying BidBookStay. BidBookStay reserves the right to terminate or suspend your account or a specific listing for any reason by notifying you 30 days in advance of termination. If your account is terminated, you may not attempt to create and register another account. Any account or listing that is terminated will have any open bookings or bids cancelled and may be responsible for any associated cancellation fees. If an account or listing is suspended or terminated, these Terms will still apply.

BidBookStay offers Users a platform that allows you to list, book, and bid on property rentals. BidBookStay has the right, but not obligation, to monitor all use of the Platform. We cannot control the conduct of Guests and Hosts and do not ensure the accuracy of any Content provided by Guests or Hosts on the Platform. BidBookStay is not in any way liable for any actions of Guests or Hosts conducted on the Platform. BidBookStay at its sole discretion may take any action it deems reasonable for the betterment of the Platform.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the BidBookStay Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BIDBOOKSTAY NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER BIDBOOKSTAY NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

BIDBOOKSTAY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

BidBookStay acts as a venue to connect property Hosts and Guests. We are not a party to any agreements entered into between Hosts and Guests and we are not an agent or representative of either party.

We are not responsible for the actions or inactions of Hosts or Guests or any other third parties.

We will not be liable for any damages arising from any transaction between a Host and a Guest. We will not be liable for any damages arising from any unauthorized access to or alteration of our Platform or any data or personal information that is stored on our website.

IN NO EVENT WILL BIDBOOKSTAY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, FROM ANY OTHER MATTER RELATING TO OUR PLATFORM OR ANY LISTINGS OR CONTENT ON OUR WEBSITE, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

In no event shall our total liability to you for all claims, liabilities, judgments, awards, costs, settlements, expenses, fees, damages, losses, and causes of action exceed the amount paid by you, if any, in accessing and using our Platform

You agree to indemnify, defend, and hold harmless BidBookStay, our affiliates, and our respective officers, directors, employees, agents licensors, and successors and assigns from and against all claims, damages, losses, judgments, awards, costs, expenses, fees, and liabilities (including but not limited to attorney's fees and expenses) arising from or in connection with:

a. Your use of our Platform (even if such use was in compliance with these Terms), including, but not limited to, your User Contributions, any use of the Platform’s Content, services and products, or your use of any information obtained from the Platform;

b. Your violation of these Terms and Conditions;

c. Your violation of any rights of another person or entity;

d. Your breach of any representation or warranty made by you;

e. Your transaction with any other user of our Platform;

f. Any Content or information submitted, posted, or transmitted by you through our Platform;

g. Any unauthorized access to or use of our servers or third party servers, and/or any and all personal information and/or financial information stored therein.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim and pay all costs, fees, and expenses (including but not limited to attorneys’ fees and expenses) of such defense. Otherwise, we may participate, at our own expense, in such defense and in any settlement discussions directly or through counsel of our choice on a monitoring, non-controlling basis.

All matters relating to the Platform and these Terms, as well as the Privacy Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction). Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 4 must be brought in state or federal court in Pittsburgh, Pennsylvania, unless we both agree to another location. You and we both consent to venue and personal jurisdiction in Pittsburgh, Pennsylvania.

The owner of the Platform is based in the United States. We make no claims that the Platform or any of its Content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

We may update the Content on this Platform from time to time, but its Content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent

This Platform may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain Content on this Platform.
• Send e-mails or other communications with certain Content, or links to certain Content, on this Platform.
• Cause limited portions of Content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Platform other than the homepage.
• Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice in our sole and absolute discretion.

We may disable all or any social media features and any links at any time without notice in our sole and absolute discretion.

The following applies to all claims and other disputes (collectively, "Disputes") between you and the Company arising out of, under, or related to the Platform, these Terms and Conditions and/or the Company’s privacy practices (including any action the Company may take or authorize with respect to information about or provided by you):

(a) All Disputes will be settled exclusively through binding arbitration. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA") and will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively "Rules and Procedures"). You are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof

(b) You and the Company must abide by the following rules: (i) for any claim that could otherwise be brought in small claims court, the arbitration will be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic or video hearing; (ii) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic or video hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one will be held in Allegheny County, Pennsylvania; (iii) the arbitrator’s ruling is binding and not merely advisory; (iv) ANY CLAIMS BROUGHT BY YOU OR THE COMPANY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (v) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING; (vi) if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company shall pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (vii) a decision by the arbitrator (including any finding of fact or conclusion of law) against either you or the Company will be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of you or the Company in existing or subsequent litigation or arbitration involving any other person; and (viii) each side pays his, her or its own attorneys’ fees and expenses.

(c) Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret are not subject to this arbitration provision. Such claims shall be exclusively brought in the state or federal courts located in Allegheny County, Pennsylvania and each party hereby consents to the jurisdiction of those courts.

(d) As an exception to this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures will not be deemed a waiver of the right to arbitrate.

(e) With the exception of subparts (iv) and (v) in subsection (b) of this arbitration provision (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subsection (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor the Company shall be entitled to arbitration. If this arbitration provision is held unenforceable by a court, or AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and the Company shall be exclusively brought in the state or federal courts specified in subsection (b) above.

For more information on AAA, its rules and procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. Either party may enforce any provision of this Agreement by seeking to obtain equitable relief in addition to all other remedies at law or under this Agreement.

No waiver by BidBookStay of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BidBookStay to enforce any provision of these Terms shall not be construed as a waiver of such provision or the right to enforce such provision in the future.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

All users acknowledge and are subject to the terms and conditions of all third-party services utilized throughout the Platform. If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for, and privacy policies of, such websites.

In the event where any delay or failure to perform occurs due to causes outside of our reasonable control, BidBookStay will not be held liable. Causes outside our reasonable control include, but are not limited to natural disasters, acts of God, accidents, pandemics, epidemics, riots, acts of war, earthquakes, fire, and explosions.

You will receive administrative communications from us that are sent to the email address you provided during your account registration. Enrollment in additional email communication subscriptions will not change the frequency of administrative emails received. You may also at times receive promotional emails from us. No fee will be charge for promotional emails. If you elect to receive SMS text message updates from BidBookStay, standard message and data rates may apply.

These Terms constitute the sole and entire agreement between you and the Company with respect to the Platform and any activities ancillary to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform and such ancillary activities.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Arbitration will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.