A. This is a binding agreement pertaining to your stay at the unit where you would like to reside as a guest as you have indicated on our website: propertiesbypreston.com.
B. In this agreement, that unit is called the “Accommodation” and the apartment complex where the Accommodation is located is called the “Building.”
C. In this agreement, whenever the words “you” or “your” is used, it refers to the person or persons identified in your Reservation as the person or persons for whom the Reservation was made.
D. You are making this agreement with the entity designated on Schedule 1 to this agreement as the contracting party for the location of the Accommodation and the type of Accommodation; however, if you booked your stay pursuant to a corporate rate agreement or group sales agreement that designated a different affiliate of Property by Preston as the contracting party in that agreement, then you are making this agreement with that different affiliate. When the words “we” or “our” are used in this agreement, it refers to the applicable contracting party as determined in accordance with the preceding sentence.
E. This agreement is not a lease; it is a license. As a license, it is only a personal, revocable privilege to use the Accommodation.
By your click on the button on our website marked “Book Now,” (1) we grant you a revocable, nonexclusive, non-assignable, non-sublicensable license to occupy the Accommodation and to use the Furniture, subject to the terms and conditions of this agreement, and (2) you agree to pay, perform and observe the terms and conditions of this agreement.
a. “Accommodation Fee” the total fee for your stay at the Accommodation as indicated in your Reservation or such other amount as we may agree thereafter in writing, together with applicable taxes.
b. “Accommodation Rules” means the rules established by us from time to time and attached to this agreement or posted on our website that pertain to the Accommodation, the occupants of the Accommodation, our staff, visitors and invitees, and other matters. The Accommodation Rules are in addition to the Building Rules.
c. “Accommodation Service Charges” means any and all charges related to the Accommodation for services that (1) are automatically added per our posted fee schedule (such as, but not limited to, a linen fee), (ii) you use or request (such as, but not limited to, telephone charges, internet upgrade charges, or housekeeping) or (3) that we determine are necessary due to the acts or omissions of you, your guests or invitees (such as, but not limited to, the cost of mitigating pest infestation that we determine you, your guests or invitees brought into the Accommodation, or the cost of repairs or special cleaning that we determine you, your guests or invitees caused); together with applicable taxes.
d. “Building Rules” the rules established from time to time by the owner of the Building that pertain to the Building, the units in the Building, the occupants of such units, the Building staff, visitors and invitees, and other matters, including noise, odors and other disturbances, safety, preservation of good order, alterations and decoration, air-conditioners, and use of common areas.
e. “Check-In” means you first receive access to the Accommodation from our staff.
f. “Check-Out” means you vacate the Accommodation, notify our staff through our portal Check-Out function that you’re stay has ended, and leave all key fobs, parking passes, and other access devices provided by our staff, and any tv remotes provided to the Accommodation, on the kitchen counter in the Accommodation.
g. “Furniture” means the furniture, furnishings, fixtures, appliances, tools, televisions, tableware, cookware, artwork, decorations, plants, floorcoverings, linens, and other property belonging to us and provided to the Accommodation, whether at Check-in or thereafter.
h. “Reservation” means the profile for your stay created by you on our website when you clicked the button on our website marked “Book Now.”
i. “Reserved Stay” means the total number of days of your planned stay as indicated in your Reservation.
j. “Stay Period” means, if your Reserved Stay is 30 days or less, the number of days in such Reserved Stay, or, if you Reserved Stay is more than 30 days, each period of 30 days within such Reserved Stay and, if the last period is less than 30 days, the number of days in the last period. For example, if your Reserved Stay is for 75 days, then you will have 3 Stay Periods – the period from day 1 to day 30, the period from day 31 to day 60, and the period from day 61 to day 75.
a. Accommodation Fee. You agree to pay the Accommodation Fee. You must pay the entire Accommodation Fee at the time of the Check-In. However, if your Reserved Stay is for longer than 30 days, then you may pay the Accommodation Fee in installments at Check-In and on the first day of each Stay Period. Each installment must equal the pro rata portion of the Accommodation Fee applicable to such Stay Period. The pro rata portion for each Stay Period is the sum equal to the total Accommodation Fee multiplied by the percentage represented by the fraction in which the number of days in such Stay Period is the numerator and the total number of days in your Reserved Stay is the denominator.
b. Accommodation Service Charges. You agree to pay all Accommodation Service Charges. You must pay all Accommodation Service Charges on the earlier of the last day of the Stay Period to which such Accommodation Service Charges pertain and the date we send you demand for payment, which demand may be made upfront and may be by e-mail or through our website.
c. Security.
i. You agree to deposit with us, and to maintain with us at all times during the Reserved Stay, a deposit equal to $1,000 as security for your payment, performance and observance of this agreement. You must deposit such security deposit at Check-In. We will not be obligated to segregate or hold such deposit in trust and we may commingle such deposit with our monies of ours.
ii. In addition to the deposit referenced above, and as further security for your payment obligations under this agreement, you hereby permit us to pre-authorize your credit card on file with us in connection your Reservation for an amount up to double the Accommodation Fee.
iii. Upon or after Check-Out, we will inspect the Accommodation. If the Accommodation is returned to the Property in identical condition to when you Checked-In (except for ordinary wear and tear) and you are not delinquent in paying any portion of the Accommodation Fee, Accommodation Service Charges or other sums due under this agreement, then we will refund the security deposit within 30 days and request that your credit card issuer remove the pre-authorization; if not, then we will apply the security deposit or charge your credit card against the pre-authorized amount, or both, to the repair, replacement or restoration of the Accommodation (including the mitigation of any pest infestation that we determine you, your guests or invitees brought into the Accommodation) or to the outstanding balance of other sums owed, or both.
iv. You will remain liable for repair, replacement and restoration costs, and all other sums owed, subject to reduction for any amounts actually applied from the security deposit or actually irrevocably paid from your credit card against pre-authorized amount.
d. Late Fee. You agree to pay a late charge of 5% of the delinquent payment. Each payment will be deemed to be late if not paid in full by 2:00 p.m. on the date due.
e. How to Pay. You must pay the Accommodation Fee by the methods approved on our website. No payment will be considered paid unless and until the payment is received by us and the payment clears into our bank account.
f. Corporate Rate Agreement or Group Sales Agreement. If your stay was booked through a corporate rate agreement or group sales agreements, those agreements will control to the extent that they have set rates, fees or payment methods that directly conflict with rates, fees or payment methods set forth above in the preceding paragraphs (a) through (e) of this Section 2. To there extent there is no such direct conflict, then the rates, fees and payment method set forth above will govern.
g. Cancellation Policy. If you cancel this agreement in accordance with our cancellation policy on our website, you will receive a refund in accordance with the refund policy set forth on our website or, to the extent provided in our website for cancellation on short notice, we will have the right to retain the security deposit as liquidated damages. Without limiting the foregoing, neither the security deposit nor any amounts actually paid by you will be refundable with respect to any booking that is cancelled on less than 30 days’ notice to us in accordance with the procedure outlined in our cancellation policy. No exceptions to the cancellation policy will be made for unforeseen circumstances.
h. No-Shows. If you do not Check-In by 4:00 p.m. on the first day set forth in your Reservation for the start of your stay, then you will be considered a “No-Show” and we may cancel your Reservation. You will not be entitled to any refund in the event your are considered a “No-Show.”
i. Reinstatement. If any payment, whether by credit card or otherwise, is refunded, reversed, charged back, disgorged, or otherwise required to be returned to you, any credit card issuer, payment processor, financial institution, trustee, receiver, or other person, entity or governmental authority, then the amount so refunded, reversed, charged back, disgorged, or returned will be reinstated and will remain immediately due and payable by you as though such payment had not been made.
a. Permitted Use. You may occupy the Accommodation for your personal dwelling only.
b. Restrictions.
i. Prohibited Use. You may not occupy or otherwise use the Accommodation for any amount of time for any business purpose or for any other purpose whatsoever other than for your personal dwelling.
ii. Maximum Occupancy. No more than 2 people may occupy a Accommodation with one bedroom and no more than 4 people may occupy a Accommodation with two bedrooms. All occupants must be registered with us as an occupant. Each occupant will be deemed to be your guest for all purposes of this agreement. An occupant means you and any other person that, at your invitation, occupies the Accommodation for more than 5 consecutive days or any 10 days in the aggregate during the Reserved Stay. Occupants other than you are deemed to be your “guest” for purposes of this agreement and have no rights under this agreement.
iii. Rules. You must strictly observe the Accommodation Rules and Building Rules. If any Accommodation Rules, Building Rules, and restrictions set forth in this agreement are in whole or in part duplicative, then you will be bound by the stricter rule or restriction, or part thereof. You should check the Accommodation Rules and Building Rules from time to time because they are subject to change.
iv. Observe the Law. You must strictly comply with all applicable laws, regulations and rules, federal, state, and local.
v. Responsibility for Others. You must ensure that your guests and invitees also observe all of the restrictions and other terms in this agreement (other than payment of the Accommodation Fee and Accommodation Service Charges) and you personally are responsible and liable for the acts and omissions of your guests and invitees, including your children. Without limiting the foregoing, you are responsible for proper supervision and safety of any children staying at or visiting the Accommodation, including ensuring that such children are under your or another responsible adults immediate supervision when accessing or using any Building amenities (including swimming pools, saunas, fitness rooms, playground or play area, and dog parks) and as otherwise required pursuant to the Accommodation Rules or Building Rules.
vi. Pets. Subject to the Building Rules, you may keep up to 2 service animals and documented emotional support animals, and upon paying the non-refundable pet fee posted on our website, up to 2 pets in the Accommodation other than species and breeds prohibited under the Accommodation Rules, or any animal regardless of species or breed that has shown or may reasonably be expected to be, from time to time, aggressive, harmful or dangerous to people, other animals, or property. You personally are responsible and liable for everything that your service animal, support animal, or pet does. Vet records including breed and weight of your pet, and a photo of your pet are required before Checking-In. All pets must weigh 40 pounds or less.
vii. Dangerous Objects and Materials. You may not keep or have in the Accommodation any object or material of a dangerous, flammable, or explosive character that might increase the danger of fire in the Accommodation, or that might be considered hazardous under the law or by an insurance company. Without limiting the foregoing, unless expressly permitted to do so by law, you may not carry or store, and you must prevent your guests and invitees from carrying or storing, any firearms or weapons, including without limitation guns, rifles or sports or hunting knives, in the Accommodation.
viii. No Smoking. You may not smoke or vape any substance in the Accommodation and must prevent your guests and invitees from doing so. Without limiting the generality of the indemnification obligations and remedies set forth in this agreement, if you or your guests or invitees smoke or vape any substance in the Accommodation you must pay a deodorizing fee of $500, in addition to such other damages as may be owed under this agreement.
ix. No Parties. You may not host a party in the Accommodation and must prevent your guests and invitees from doing so. A party means the presence in the Accommodation of 4 persons in addition to the you and the other registered occupants of the Accommodation.
x. Sensors in the Accommodation. We reserve the right to install and operate noise sensors, tobacco sensors, marijuana sensors and other substance or smoke sensors in the Accommodation in order to enforce this restriction, and to record and maintain decibel level data and data regarding the chemicals from smoke or vape gathered by such sensors. By staying with in the Accommodation you consent to the presence of the sensors. Tampering with or removal of the sensors is a violation of this agreement.
xi. No Use of the Address. You may not use, claim, or hold out the Accommodation as your residence, domicile, mailing address, billing address, place of business, or address for any governmental, financial, employment, educational, insurance, tax, voter registration, driver’s license, vehicle registration, public benefits, or other purpose. You may not receive, send, forward, or arrange for the delivery of mail, packages, parcels, freight, correspondence, government notices, legal notices, bills, statements, identification documents, or other deliveries at the Accommodation, and you may not file any change-of-address request or mail-forwarding request identifying the Accommodation as your address. You may not establish utilities, cable, internet, telephone service, subscriptions, accounts, licenses, permits, registrations, or other services in your name using the Accommodation address. We or the Building staff may refuse, return, redirect, or hold for pickup any mail, package, parcel, or other delivery addressed to you, your guest or invitee at the Accommodation, and you release us and the Building owner and staff from any liability arising from such refusal, return, redirection, or holding.
xii. Security. You acknowledge that we do not provide any security personnel to the Accommodation or Building. In case of emergency, call 911 immediately.
xiii. Assumption of Risk. You acknowledge that many activities carry risk and we do not provide safety personnel, such as, but not limited to, lifeguards. You, on behalf of yourself, your guests and invitees hereby assume the risk of use of the Accommodation and the Building, including all amenities, apparatus, appliance, and facilities.
a. AS IS. We have made no representations, and hereby expressly disclaim any and all implied representations, of any kind or nature, including, any representations as to the condition of the Accommodation, Furniture, Building or other matter or thing whatsoever. You acknowledge and agree that you are accepting the Accommodation in its AS IS, WHERE IS, WITH ALL FAULTS, condition. You understand that no one has any authority to make any representation or warranty that is not set forth in this agreement and you acknowledge that you have not relied upon any such other representation or warranty.
b. No Alterations. You may not make any alterations to the Accommodation or the Furniture of any kind or nature.
c. Maintenance. You must
i. keep the Accommodation and Furniture clean, sanitary and free of hazards;
ii. take good care of the Accommodation and Furniture;
iii. dispose of all rubbish, garbage, and other waste in a clean, safe and sanitary manner in locations designated by the Building Rules;
iv. use and operate all electrical and plumbing fixtures properly;
v. immediately notify us of any defects or dangerous conditions in and about the Accommodation of which you become aware; and
vi. within 48 hours of Check-In, notify our staff through our portal of any defects or other issues with the condition of the Accommodation. Failure to so notify our staff within such 48 hours will be deemed as an acknowledgement that there are no issues with the condition of the Accommodation.
d. No Removal of Furniture. You may not remove any item of Furniture from the Accommodation for any period of time. You must promptly pay us for all costs and expenses incurred by us to replace any lost or removed item of Furniture, together with a reasonable project fee of 5% of the such costs and expenses. You hereby authorize us to retain your payment method details and charge your payment method for all such amounts as we, in our sole discretion, determine are due under the preceding sentence.
e. Repairs and Replacements. You are responsible for all maintenance, repairs, replacements or restorations, interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Accommodation, Furniture or the Building, including the systems thereof, the need for which arises out of (a) the performance or existence of any work or alterations by you or your guests or invitees, (b) the installation, use or operation of your or your guests or invitees property, (c) the moving of your or your guests or invitee’s property in or out of the Accommodation or Building, or (d) the act, omission, misuse or neglect of you or any of your guests or invitees. You may not conduct any maintenance, repairs, replacements or restorations without our prior written consent and unless conducted by contractors that we approve in writing. You must promptly pay us for all costs and expenses incurred by us to repair or replace any repair or replacement for which you are responsible, together with a reasonable project fee of 10% of the such costs and expenses. You hereby authorize us to retain your payment method details and charge your payment method the full amount that we, in our sole discretion, deem necessary to compensate us for the loss, cost or expenses incurred by us as a result of any such maintenance, repairs, replacements or restorations, including, if the Accommodation becomes un-rentable through any act or omission of you, your guest or invitee, the nightly rate for the Accommodation until the Accommodation may be offered again for booking.
f. Condition Upon Check-Out; Property Left Behind. Upon Check-Out, you must leave the Accommodation “broom clean” and the Accommodation and Furniture in good order, condition and repair, except for ordinary wear and tear, and free of all of your personal property. Any items of yours, your guests or your invitees that remain in the Accommodation after Check-Out, at our option, will be deemed to have been abandoned, and in such case such items may be retained by us as our property or, at your expense, stored and/or disposed of by us, without accountability, in such manner as we will determine. You must also return all items provided to you in connection with access to all or any portion of the Accommodation or Building (including any amenity areas), including access cards, key fobs, and garage door openers. If you fail to return any such items at Check-Out, then you will be charged the greater of $100 and the actual cost to replace such items.
a. Provided by Building Owner. The utilities furnished to the Accommodation may be provided by or through the owner of the Building, but we lease the Accommodation from the owner of the Building. You do not have any rights against the owner of the Building, but we will make commercially reasonable efforts to enforce our lease of the Accommodation against the owner of the Building for your benefit in order to procure such utilities from or through the owner of the Building; however we will not be obligated to provide any of the services or utilities that the owner of the Building has agreed in our lease to provide to the Accommodation.
b. Electric, Gas and Water. We or the owner of the Building, subject to subsection a above, will be obligated to furnish the Accommodation with the electric energy and hot and cold water that would be reasonably required for the purposes permitted under this agreement. We or the owner of the Building may also furnish the Accommodation with cooking gas.
c. HVAC. The owner of the Building may furnish the Accommodation with heating, ventilating or air-conditioning through central Building systems (and the availability and amount of heat, ventilation and air-conditioning may be controlled by the owner of the Building and not by you), or the Accommodation may be served by a heating, ventilating and air-conditioning unit that serves only the Accommodation and is not part of the Building systems. We will make commercially reasonable efforts to enforce our lease of the Accommodation against the owner of the Building for the maintenance and repair of such systems or unit.
d. Restriction on Excessive Use. You are not permitted to make excessive use of the utilities beyond the consumption ordinary and customarily consumed for basic lodging purposes in similar units, and such excessive use will be an Event of Default under this agreement. In addition to any damages that may be caused by excessive use of utilities, if you make excessive use of the utilities, you will be liable to us for a surcharge of 15% of the cost of all utilities you utilize.
e. Stoppages of Utilities. Without liability to you, and without affecting your covenants and obligations under this agreement, the electric, water, HVAC or other building systems may be stopped or interrupted or service reduced for so long as may be necessary, by reason of (1) accidents, emergencies, strikes or the occurrence other disruptive events, (2) the making of repairs or changes, (3) difficulty in securing any such utilities or other supplies, or (4) any cause beyond the owner of the Building’s reasonable control or, if we are responsible for providing any such utility, our reasonable control.
f. Limitation on Liability. We will have no liability to you, nor will your covenants and obligations under this agreement be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury arising from making any repairs or changes to any heating, ventilating and air-conditioning system.
g. Internet. Most of our accommodations are equipped with internet access, but we do not guaranty that the Accommodation is equipped with internet access. We will have no liability to you, nor will your covenants and obligations under this agreement be reduced or abated in any manner whatsoever, by reason of any unavailability, unreliability or interruption of internet access or service. You may not use such internet access in furtherance of any illegal activity or in violation of this agreement or any other agreement between you and us, including our Terms of Use.
We retain a right of access to the Accommodation and the right to move you to another accommodation in the same Building of comparable size. Without limiting the foregoing, we have the right to enter the Accommodation from time to time to make inspections and provide necessary services, regardless of signage indicating you do not wish to be disturbed, provided that we will limit such entry the hours of 9:00 am and 5:00 pm unless you have consented otherwise. In the case of an emergency, we will not have to obtain for your consent at any time.
a. Indemnification. You must indemnify, defend and hold harmless each Indemnitee from any and every Claim and Liability of any kind or nature that arises from, is connected with, or is related to (in each case, in whole or in part, directly or indirectly) Harms, actual or alleged, sustained by any person or property (including the Accommodation and Furniture) and actually or allegedly arising from, connected with, or related to your or your guests or invitees occupancy or use of the Accommodation, the acts and omissions of you, your guests and your invitees in or about the Accommodation or the Building, your, your guests or invitees violation of applicable law, regulations or rules or any breach of this Lease by or caused by you, your guests or your invitees or the exercise of our rights under Section 8(d) below. As used in this agreement:
i. “Harm” means death, illness, or injury (including, without limitation, slip and fall, assault, battery, intentional tort, invasion of privacy and emotional distress), loss (including, without limitation, theft), damage or destruction;
ii. “Claim” means a demand, claim, cause of action (including without limitation product liability action and tort action), suit (including, without limitation, suits in equity), proceeding, or judgment;
iii. “Liability” means any damages, liability, loss, cost, interest, penalties, reasonable attorneys’ fees, disbursements and third party fees (including, without limitation, the reasonable attorneys’ fees, disbursements and third party fees incurred in enforcing this Section 6 or in investigating, defending, or settling any Claim), and other expense of any kind or nature; and
iv. “Indemnitee” means each of (i) us, our successors and assigns, (ii) the owner of the Building, its successors and assigns, (iii) each affiliate or related entity of any of the foregoing, (iv) the stockholders, members, partners, trustees, directors, managers, officers, agents, employees and independent contractors of the entities or organizations described in the preceding clause (i), (ii) and (iii), and (v) the heirs, executors, administrators and legal representatives of each natural person described in the preceding clauses.
b. Insurance.
i. Policies. We recommend that you obtain appropriate travel or rental insurance to cover your personal property and potential liability during your stay. We maintain property insurance covering the Accommodation but that insurance does not cover your, or your guest’s or invitee’s property.
ii. Waivers of Subrogation. You, on behalf of yourself and, to the greatest extent permitted by law, on behalf of each of your guests and invitees, irrevocably release us and each other Indemnitee from, and irrevocably waive, any and all Claims and Losses that are covered by any policy of insurance required under this agreement or that would have been covered had You obtained and maintained such policy or, would have been covered but for your or your guest’s or invitee’s acts or omissions, including any failure to pay premiums or renew any policy (“Insured Claims”). You waive any right of recovery of Insured Claims by anyone claiming through it, by way of subrogation or otherwise, including insurers.
c. Release. In consideration and as a condition for the access or use, or both, of the Accommodation or Building, including any Accommodation or Building amenities, apparatus, appliance, facility, privilege or service in, on or related to the Accommodation or Building, you, on behalf of yourself and your guests and invitees, hereby forever releases, to the fullest extent permitted by law, each and every Indemnitee from any and all loss, cost, claim, injury, damage or liability (including any damage or loss to personal property, bodily injury or personal injury) sustained or incurred resulting from, in whole or in part, such access or use, or both, irrespective of whether the loss, cost, claim, injury, damage or liability was the result of negligence or carelessness of the Indemnitee and, to the fullest extent permitted by applicable law, hereby waives any and all rights of action which it would otherwise have against each and every Indemnitee on account thereof.
d. Casualty.
i. Notice of Casualty. You must give prompt notice to us of any fire or other casualty in the Accommodation, including any damage to or defect in the Accommodation, the Furniture, or the portions of the Building systems in the Accommodation.
ii. Limitation on Liability. We will not be liable to you for any loss (including, but not limited to theft), injury or damage to you or to any other person, or to its or their property, irrespective of the cause of such injury, damage or loss, unless caused by or resulting from our gross negligence or willful misconduct in the operation or maintenance of the Accommodation without contributory negligence on the part of you, or your guests or invitees. You, your guests and invitees assume all liability for any injury or damages to yourself and themselves, or your or their personal property and injury or damages to you, your guests and invitees and your or their personal property occurring on the Property. We are not responsible for damage to vehicles parked or located in the parking lot or for loss of personal property from vehicles parked or located in the parking lot. Without limiting the foregoing, we will not be liable if your vehicle is towed, including for failure to register your vehicle as required under any Building Rules or Accommodation Rules or the payment of any parking charge pursuant to any Building Rules, Accommodation Rules or otherwise.
iii. Safety. Without limiting any of your other obligations, you must take reasonable precautions for safety of, and must provide reasonable protection to, prevent accidents, injuries, loss, theft or damage to the Accommodation, the Building (including other accommodations in the Building) and any individual or property in or about the Accommodation or Building, parking lots, driveways, walkways and adjacent sidewalks. You must immediately report to us any accidents, injuries or damage occurring in or about the Accommodation or Building.
e. Force Majeure. We will not be liable for any delay or failure to make the Accommodation available to you or to perform any of our obligations under this agreement if such delay or failure is due to circumstances beyond our reasonable control.
a. Events of Default. You will be deemed to be in default of this agreement upon the occurrence of any one or more of the following events (each, an “Event of Default”):
i. You fail to pay any portion of the Accommodation Fee, Accommodation Service Charges or other sums due from you under this agreement when due;
ii. You attempt to assign or sublicense your rights under this agreement;
iii. You attempt to record or file in the public records this agreement, or a memorandum hereof, or you record or file, or voluntarily or involuntarily cause to be recorded or filed, in the public records any lien or encumbrance against the Building;
iv. You fail to perform or observe any provision of this agreement, including the obligation to observe the Building Rules and Accommodation Rules. For the avoidance of doubt, you are responsible for your guests and invitees and if any of their acts or omissions result, in whole or in part, in any fact or circumstance that would be a breach of this agreement if done by you, then the same will be deemed to be your failure to perform or observe this agreement;
v. Your, or your guest’s or invitee’s, actions result in the police or other law enforcement being called to the Accommodation or the Building;
vi. You abandon the Accommodation. In addition to any legal definition of abandonment, you will be deemed to have abandoned the Accommodation if you are absent for 7 consecutive days or more without prior notice to us; or
vii. You are the subject of petition, whether voluntarily or involuntarily, for protection under the Federal Bankruptcy Code or any similar state or federal law for protection against creditors.
b. All Available Remedies. Upon an Event of Default we may take any actions permitted by applicable law or in equity, including without limitation, utilizing self-help measures to immediately eject you, your guests and/or your invitees and/or locking the Accommodation to prevent your access to the Accommodation or terminating your access to the Building.
c. Additional Contractual Remedies. Without limiting Section 7(b) above, upon an Event of Default we may terminate this agreement or collect legal damages, or both, including the balance of all sums owed (including, at our option, accelerating the entire amount of the Accommodation Fee for your Reserved Stay), with interest, and the cost of cleaning the Accommodation, repairing, restoring or replacing the Accommodation or Furniture, and storing or disposing of your personal property. In addition, if you remain in occupancy beyond the earlier of the expiration of your Reserved Stay and the termination of this agreement, then you will owe legal damages for occupancy on a per diem basis in an amount equal to twice the Accommodation Fee charged during your stay, on a per diem basis.
d. You hereby agree that we will not have a duty to seek a court order or to provide due process before evicting you from the Accommodation and removing you and your guests, invitees, pets, service animals, support animals, and property therefrom.
e. Liens and Code Violations.
i. You, at your expense, must promptly procure the cancellation or discharge of all notices of violation issued by any governmental authority arising from or otherwise connected with Your or your guests or invitee’s acts or omissions, or any work, labor, services or materials done for or supplied to you or any of your guests or invitees.
ii. You must promptly discharge of record all mechanics’ and other liens and encumbrances filed in connection with any other work, labor, services or materials done for or supplied to you, your guests or invitees.
iii. We may cause to be discharged of record any such lien or encumbrance, in which event you must promptly reimburse us for all cost and expenses incurred, including with related attorneys’ fees and disbursements.
f. Cumulative Rights. Our remedies under this agreement are cumulative and not exclusive.
g. Failure to Insist on Strict Performance. Our failure to insist in any one or more instances upon the strict performance of any of your obligations or exercise any available remedy will not be construed as a waiver, or a relinquishment for the future of the performance of such obligations. The receipt by us of any Accommodation Fee, Accommodation Service Charge or other sum with knowledge of your breach will not be deemed a waiver of such breach.
a. Arbitration. Any dispute related to this agreement (including the determination of the scope or applicability of this agreement to arbitrate), must be determined by arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, before one (1) arbitrator selected in accordance with such rules, to be conducted virtually (i.e. remotely). The arbitration must be conducted on an individualized basis only, solely between the parties to this agreement, and may not be consolidated with any other arbitration or conducted on any type of class-wide, class-action, collective or other representative basis. Each party submits to the exclusive jurisdiction of the state and federal courts located in in the county in which the Building is located for the purpose of (A) confirming or enforcing any award or decision rendered in arbitration; (B) enforcing the dispute resolution provisions of this agreement; (C) seeking any emergency or injunctive relief; or (D) resolving any dispute relating to patents, trademarks, trade dress, copyrights, trade secrets, false advertising, false representation, unfair competition and/or infringement of intellectual property rights. All arbitral proceedings must be kept strictly confidential and may not be disclosed by the parties, either in public or in any other proceedings, except to the extent reasonably necessary for the parties to obtain injunctive relief or to challenge an award made in arbitration, or unless otherwise required by law. If any suit or arbitration is brought to enforce or interpret this agreement, the substantially prevailing party will be entitled to recover from the other party reasonable attorneys’ fees and other out-of-pocket costs (including expert fees), in addition to any other award to which the substantially prevailing party may be entitled.
b. Governing Law. This agreement will be governed by, and construed and enforced in accordance with, the substantive laws of the State of Delaware, notwithstanding any rules of conflicts of laws to the contrary.
c. Jurisdiction and Venue. Subject to the above agreement to arbitrate, the parties hereby irrevocably submit to the personal jurisdiction of any state or federal court sitting in New Castle County, Delaware, in any legal proceeding related to this Agreement, and agree that any such legal proceeding must be heard and determined in a state or federal court sitting in New Castle County, Delaware.
d. WAIVER OF TRIAL BY JURY. EACH OF THE PARTIES IRREVOCABLY, AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LITIGATION, ACTION, CLAIM, SUIT OR PROCEEDING, AT LAW OR IN EQUITY, ARISING OUT OF, CONNECTED WITH OR RELATED TO THIS AGREEMENT, THE ACCOMMODATION, THE BUILDING, THE RELATIONSHIP OF THE PARTIES, OR THE ACT AND OMISSIONS OF THE PARTIES OR THE GUESTS AND INVITEES.
e. WAIVER OF DAMAGES. Notwithstanding any law, regulation rule or provision of this agreement to the contrary, we will not be liable to you for any indirect, incidental, special, exemplary, consequential, or punitive damages arising out of, connected with or relating to this agreement (or any other agreement or understand related to this agreement or delivered in connection with this agreement), the transaction contemplated hereby, the Accommodation or the use thereof, the Building, the services to be provided under this agreement, or the relationship of the parties hereto, whether based in contract, tort, strict liability, statute, or any other legal or equitable theory, even if we have been advised of the possibility of such damages. This waiver will not limit any damages that cannot be excluded or limited under applicable law.
f. Limitations Period. Notwithstanding any statute of limitations to the contrary, any and all Claims arising out of, connection with or related to this agreement (or any other agreement or understand related to this agreement or delivered in connection with this agreement), the transaction contemplated hereby, the Accommodation or the use thereof, the Building, the services to be provided under this agreement, or the relationship of the parties hereto, must be commenced, if at all, on or before the first anniversary of the earlier of the last day of the Reserved Stay with respect to which the Claim pertains and the termination or cancellation of this agreement.
g. No Recourse. You will have recourse under or with respect to Claims arising out of, connection with or related to this agreement (or any other agreement or understand related to this agreement or delivered in connection with this agreement) , the transaction contemplated hereby, the Accommodation or the use thereof, the Building, the services to be provided under this agreement, or the relationship of the parties hereto, against any past, present, or future direct or indirect stockholder, member or partner of Properties by Preston or any of its affiliates or related entities, or its or their respective directors, managers, officers, employees, agents, or representative, by any legal or equitable proceeding, or by virtue of any statute, regulation, or other applicable law, or otherwise, it being expressly agreed and acknowledged that no personal liability whatsoever will attach to, be imposed on, or otherwise incurred by any such person or entity for any obligation, covenant, representation, warranty, or liability of Properties by Preston arising from, connection with or related to this agreement or any such other document, and that your sole recourse for any such obligation or liability will be against Properties by Preston itself.
h. Interpretation. This Agreement must be interpreted and construed without the aid of any canon, custom or rule of law permitting or requiring construction against the draftsman.
i. Attorneys’ Fees. You must pay, or reimburse us for, all reasonably attorneys’ fees and disbursements incurred by us in enforcing this agreement, including, all costs of collection and court costs, within 5 days of demand. We will be entitled to deduct all such amounts from the security deposit.
a. Not a Tenant. You acknowledge and agree that (1) you are not a tenant, you are a licensee; (2) no landlord-tenant relationship is intended to be created by this agreement; and (3) regardless of the length of your stay, you will be deemed to occupy the Accommodation on a transient basis.
b. Waiver of Rights of Tenant. You expressly waive any substantive or procedural rights that you may have that are predicated upon the rights of a tenant of real property.
c. Subordination. We do not own the Building, but we lease the Accommodation from the owner of the Building. You acknowledge that this agreement is subject and subordinate to our lease of the Accommodation with the owner of the Building.
All notices, demands, and services of process or other legal communications (each, a “Notice”) will be deemed validly delivered to you if either (i) personally served, (ii) delivered to the physical address provided in your Reservation by FedEx or other reputable overnight courier, (iii) conspicuously posted on the front door of the Accommodation, (iv) sent by e-mail to the e-mail address set forth in your Reservation (and deemed received upon receipt by us of (A) a computer generated delivery receipt or (B) a computer generated receipt indicating that the e-mail was non-deliverable notwithstanding that it was addressed to the e-mail address set forth in your Reservation, or (v) sent to the WhatsApp address provided in your Reservation (and deemed received when two checks appear on the screen). Notices to us must be sent to us at 400 Boulevard of the Americas, Lakewood, New Jersey 08701. Any Notice given by a party may be given by such party’s attorney.
You represent and warrant to us that:
a. You have the assets, liquidity and overall financial wherewithal to pay and perform all of your obligations under this agreement;
b. neither you nor any legal or natural person directly or indirectly associated in any way with you, (A) is listed on any watch list maintained by any governmental authority to guard against terrorism, money laundering, trafficking in narcotics, or other crimes, or (B) has been indicted or convicted a felony, a crime of fraud or similar malfeasance or any other criminal offense for which incarceration for a period of one year or longer is a potential penalty under the applicable statute;
c. All identification provided pursuant to this agreement is authentic, unaltered, and currently valid, and that all information contained therein is true, accurate, and complete; and
d. You meet the minimum age requirement posted on our website for booking the Accommodation.
a. Photo ID. As part of your Reservation, you must upload where indicated on our website a valid, government-issued photographic identification document, which may include a current driver’s license, passport, state-issued identification card, or other equivalent legal identification document issued by a governmental authority. You must notify us of any change in the information reflected in such identification during the term of this agreement. We will be entitled to make and retain copies of such identification for our records, subject to applicable law.
b. Background Searches. You hereby provide full, voluntary, knowing, and informed consent to us (and our designated agents, employees, contractors, and third-party screening providers) to conduct comprehensive background checks and investigations on you, which may include, without limitation, the following: (a) criminal history searches at the local, state, and federal levels, including searches of sex offender registries; (b) credit history and financial background checks, including inquiries with one or more consumer reporting agencies; (c) verification of identity and Social Security number or other taxpayer identification number; (d) eviction history searches; (e) terrorist watch list and sanctions list screenings, including, without limitation, the Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals List; and (f) any other searches or investigations that we, in our sole and reasonable discretion, deems necessary or appropriate to evaluate you suitability for lodging at the Accommodation (collectively, the “Background Screening”). You acknowledge and agree that the Background Screening may be conducted at any time prior to or during the term of this agreement. You hereby authorize any law enforcement agency, financial institution, consumer reporting agency, employer, landlord, personal reference, or other person or entity to release to us (or our designated agent or third-party screening provider) any and all information in its possession pertaining to you that is requested in connection with the Background Screening. You agree to execute any additional authorization forms, releases, or consents that may be reasonably required by us or by any third-party screening provider to facilitate the Background Screening.
c. Fair Credit Reporting Act. To the extent that any Background Screening constitutes a “consumer report” or “investigative consumer report” under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (the “FCRA”), or any applicable state equivalent, you acknowledge that you have been informed in a clear and conspicuous manner, and in a document consisting solely of this disclosure, that a consumer report and/or investigative consumer report may be obtained for purposes of evaluating you suitability for accommodation at the Accommodation. You authorize us to obtain such report(s) and acknowledge your rights under the FCRA, including the right to request, upon written request to us, a complete and accurate disclosure of the nature and scope of any investigative consumer report requested by us, if any, as well as the right to dispute the accuracy or completeness of any information contained therein directly with the consumer reporting agency. In the event that we take any adverse action against you pursuant to the next paragraph based in whole or in part upon information contained in a consumer report, we will provide you with the notices and disclosures required by the FCRA and any applicable state law, including a copy of the consumer report and a summary of your rights under the FCRA, prior to taking final adverse action.
d. Right to Terminate Booking. You acknowledge and agree that we reserve the right, in our sole and absolute discretion, to deny you lodging at the Accommodation or services in connection with such lodging (including rescinding approval of your booking or such services), to terminate this agreement, or to decline to renew or extend Reserved Stay, based upon the results of any Background Screening, upon your failure or refusal to provide legal identification required above or to consent to any portion of the Background Screening, or any other reason or no reason in our sole and absolute discretion, to the extent permitted by applicable law.
If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement will nonetheless remain in full force and effect. If some part of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties specifically empower the court to amend this agreement to come as closely as possible to meet the parties’ intent as the then current law will allow. You may not assign this agreement without our prior written consent. Without your consent, we may assign this agreement to a subsequent tenant or subtenant of the Accommodation, or as collateral to anyone providing us with financing. This agreement will bind and inure to the benefit of the successors and assigns of the parties hereto, and the heirs, executors, and administrators of each Indemnitee that is a natural person. There are no third-party beneficiaries of this agreement; provided, however, the Indemnitees will be third party beneficiaries to the extent necessary to enforce the promises to indemnify, defend and hold harmless set forth above. The parties are independent of one another, and nothing herein creates any principal-agent, partnership, or joint-venture relationship between them. All prior understandings and agreements between us and you with respect to the subject matter of this agreement are merged in this agreement which alone fully and completely expresses the agreement between you and us. No agreement will be effective to change, modify, waive, release, discharge, terminate or effect an abandonment of this agreement, in whole or in part, unless such agreement is in writing, refers expressly to this agreement and is signed (including signed electronically) by the party against whom enforcement of the change, modification, waiver, release, discharge, termination or effectuation of the abandonment is sought. The Exhibits and Schedules, if any, annexed to this agreement will be deemed part of this agreement with the same force and effect as if such Exhibits and Schedules were numbered Sections of this agreement. The table of contents, captions, headings and titles in this agreement are solely for convenience of reference and must not affect its interpretation. Time is of the essence with respect to the time periods set forth in this agreement. All terms and words used in this agreement, regardless of the number or gender in which they are used, must be deemed to include any other number and any other gender as the context may require. As used in this agreement, the term (i) “include,” “includes” and “including” will be understood as if it is followed by the words “without limitation” or “but not limited to”; (ii) “and/or” when applied to two or more matters or things will be construed to apply to any one or more or all such matters or things as the circumstances warrant; and (iii) “herein” and “hereunder” and words of similar import will be construed to refer to this agreement as a whole and not to any particular Section or sub-section unless expressly so stated. The following Sections of this agreement will survive the cancellation, termination and expiration of this agreement: 6(a), 6(b)(ii), 7 and 8.
By clicking the “Book Now” button on our website, you agree that such action will constitute your execution and delivery of this agreement with the same legal force and effect as if you had manually executed and physically delivered a paper counterpart of this agreement bearing your original signature. Each party acknowledges and agrees that: (a) clicking the “Book Now” button on our website will be deemed an “electronic signature” within the meaning of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) (the “E-SIGN Act”) and the Uniform Electronic Transactions Act (“UETA”) as adopted by the applicable jurisdiction, and any other applicable law governing electronic signatures and transactions; (b) such electronic signature will be attributable to the party whose authorized representative clicked the acceptance button; and (c) the electronic record of such acceptance, as maintained by us or our designee, will constitute the original executed copy of this agreement for all purposes. You further acknowledge that, prior to clicking the acceptance button, you had a reasonable opportunity to review the terms and conditions of this agreement, and that clicking the acceptance button constitutes such your affirmative assent to be bound by all terms and conditions set forth herein. We will maintain, or cause to be maintained, a log or other electronic record of each acceptance event, including the date, time, and internet protocol (IP) address associated with each click of the “Book Now” button, and such record will be admissible in any proceeding as evidence of the execution and delivery of this agreement by you. You may not contest the validity or enforceability of this agreement solely on the basis that it was executed and delivered by means of an electronic acceptance through our website.
If you have any questions or comments, please use the form below or give us a call.
