TERMS OF USE | Small Stays

Last updated: January 6, 2026

Welcome to the Small Stays website, located at https://small-stays.com (the “Site”). The Site is operated by Small Stays LLC (“Small Stays,” the “Company,” “we,” “us,” or “our”).

These Terms of Use (the “Terms”) govern (i) access to and use of the Site by any visitor or user (“User”) and (ii) any reservation, occupancy, or stay at a property managed or operated by Small Stays by any booking party or occupant (“Guest”).

By accessing or using the Site, making a reservation, or occupying a Small Stays–managed property, you, as a User or Guest (as applicable), acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to access the Site, make a reservation, or occupy any Small Stays property.

These Terms govern a Guest’s stay, conduct during the reservation period, and use of any Small Stays property. Failure by a Guest to comply with these Terms may result in additional charges, penalties, or immediate termination of the reservation without refund, to the extent permitted by law.

ARBITRATION & CLASS ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, BY AGREEING TO THESE TERMS, YOU AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR YOUR STAY AT A SMALL STAYS PROPERTY SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. PLEASE REFER TO SECTION 40 FOR ADDITIONAL INFORMATION.

1. DESCRIPTION OF THE SERVICES

Small Stays LLC provides temporary accommodation services to travelers within the United States by leasing, managing, or otherwise controlling residential properties for short-term occupancy (each, a “Property,” and collectively, the “Properties”).

Small Stays provides access to these Properties solely for temporary lodging purposes. Guests may use the services offered by Small Stays (the “Services”) to make legitimate reservations for short-term stays (each, a “Short-Term Reservation”) or, where expressly offered, longer-duration stays (each, an “Extended Stay Reservation,” and together with a Short-Term Reservation, a “Reservation”).

All Reservations are for temporary accommodation only and do not convey any ownership interest, possessory rights, tenancy, or long-term right of use in any Property beyond the duration of the confirmed Reservation.

2. SCOPE OF SERVICES

The Services provided by Small Stays may include, without limitation, access to the booked Property, check-in support, utilities, Wi-Fi, furnishings, standard turnover cleaning, and other amenities associated with the Property. Such services may be provided directly by Small Stays or through third-party service providers and are available only for the duration of the Reservation.

3. RESERVATION TYPES

For clarity, Small Stays offers two types of Reservations:

Short-Term Reservation: A booking for temporary accommodation, typically lasting fewer than thirty (30) consecutive days, unless otherwise defined by applicable local or state law.

Extended Stay Reservation: A booking for accommodation lasting thirty (30) consecutive days or more, or any stay that otherwise qualifies as an extended stay under applicable law. Extended Stay Reservations may require execution of a separate Extended Stay Agreement governing pricing, duration, payment terms, and additional conditions specific to the extended stay.

Where an Extended Stay Agreement is required, that agreement governs the specific terms of the extended stay. These Terms of Use continue to apply to all matters not expressly addressed in the Extended Stay Agreement. In the event of a conflict, the Extended Stay Agreement shall control to the extent permitted by law.

4. EXTENDED STAY TERMS & CONDITIONS

No Lease or Tenancy Intended. Extended Stay Reservations are intended solely as temporary lodging arrangements. The parties expressly agree that no lease, tenancy, or landlord-tenant relationship is intended or created by these Terms, any Reservation, or any Extended Stay Agreement, except to the limited extent such a relationship is expressly imposed by applicable law and cannot be waived. The characterization of a stay under local law shall not alter the temporary nature of the occupancy or the applicability of these Terms to the fullest extent permitted by law.

Guests booking an Extended Stay Reservation acknowledge and agree that: (a) an Extended Stay Agreement may be required as a condition of occupancy;

(b) the Extended Stay Agreement governs the specific commercial and operational terms of the stay, including payment structure, duration, security deposits, termination rights, and stay-specific obligations; and (c) these Terms of Use continue to apply to all aspects of the stay not expressly addressed in the Extended Stay Agreement.

Small Stays reserves the right to require execution of an Extended Stay Agreement within a specified timeframe following booking. Failure to timely execute a required Extended Stay Agreement may result in cancellation of the Reservation.

Nothing in an Extended Stay Reservation confers permanent occupancy rights or long-term tenancy protections beyond those required by applicable law. Where local law mandates tenant rights after a specific duration, such rights shall be governed by the applicable Extended Stay Agreement to the fullest extent permitted by law, and these Terms of Use shall continue to apply to all matters not inconsistent with such requirements.

Any dispute arising out of or relating to an Extended Stay Reservation or Extended Stay Agreement is subject to the dispute resolution and arbitration provisions set forth in the Dispute Resolution section of these Terms.

Cancellation, refund eligibility, and early termination of an Extended Stay Reservation are governed by Small Stays’ Cancellation Policy and, where applicable, the executed Extended Stay Agreement. Once an Extended Stay Agreement is executed, its terms control cancellation rights, refund eligibility, and early termination to the fullest extent permitted by law and supersede any general cancellation or refund provisions.

5. ELIGIBILITY

Access to the Site is available to the general public; however, only individuals who are at least twenty-one (21) years of age are eligible to make a Reservation, occupy, or stay at any Small Stays–managed property.

By making a Reservation or staying at a Small Stays property, you represent and warrant that:

you are at least twenty-one (21) years of age and legally capable of entering into binding agreements;
you have not previously been suspended, removed, or prohibited from using the Services or occupying any Small Stays property; and
your use of the Site, Services, and any Property complies with all applicable laws, rules, and regulations.

All Guests must provide truthful, accurate, and complete identification and personal information during the booking process. Small Stays reserves the right to verify a Guest’s identity and may refuse service, cancel a Reservation, or deny occupancy if identification is insufficient, inaccurate, or fraudulent.

Reservations may not be made on behalf of another individual unless expressly authorized by Small Stays. The individual making the Reservation must be the primary Guest and must remain an occupant at the Property for the duration of the stay, unless otherwise approved in writing.

If a Reservation is made on behalf of an organization (such as a company or institution), the individual completing the booking represents and warrants that they have the authority to bind the organization to these Terms, and the organization agrees to be bound by them.

Individuals under the age of twenty-one (21) are not authorized to make Reservations, occupy, or stay at any Small Stays property. In accordance with our Privacy Policy, Small Stays does not knowingly collect personal information from individuals under the age of eighteen (18). If such information is inadvertently collected, it will be promptly deleted.

Parents or guardians who believe a minor has provided personal information to Small Stays may contact us at info@small-stays.com for assistance.

6. BOOKING CONFIRMATION & REQUIRED AGREEMENTS

A Reservation is considered confirmed only after all required booking conditions are satisfied, which may include, without limitation:

(a) submission of valid identification for verification purposes; and
(b) execution of any required Short-Term Rental Agreement or other stay-specific agreement provided by Small Stays.

Guests must complete all required verification steps and execute any required agreement within twenty-four (24) hours of booking confirmation, or at least two (2) hours prior to the scheduled check-in time, whichever occurs first, unless a different timeframe is expressly stated. Failure to timely satisfy these requirements may result in cancellation of the Reservation without refund, to the fullest extent permitted by law.

All Guests are required to execute the applicable Short-Term Rental Agreement prior to receiving property access or check-in instructions. The Short-Term Rental Agreement sets forth additional terms governing the Guest’s stay, including responsibilities, property use restrictions, and operational rules.

By making a Reservation with Small Stays, the Guest consents to receive, complete, and execute any required Short-Term Rental Agreement within the specified timeframe and represents that all information provided is accurate, complete, and truthful.

In the event of any conflict between these Terms of Use and a Short-Term Rental Agreement, the Short-Term Rental Agreement shall control solely with respect to stay-specific obligations, and these Terms of Use shall continue to govern all other matters.

Any dispute arising out of or relating to a Short-Term Rental Agreement is subject to the dispute resolution and arbitration provisions set forth in Section 40 of these Terms of Use.

7. IDENTITY VERIFICATION & GUEST SCREENING

To support safety, fraud prevention, and trust across our properties, Small Stays may require Guests to complete identity verification and guest screening prior to confirming a Reservation or being permitted to occupy a Property. These processes may be facilitated through third-party service providers, including Truvi.

Identity verification and screening may include submission of government-issued identification, facial matching or liveness verification, and automated fraud or risk-based screening signals. These processes are intended to verify identity and assess booking risk and do not constitute criminal background checks, credit checks, or consumer reports.

Completion of required identity verification or screening is a condition of booking and occupancy. Failure to successfully complete verification, refusal to participate, or submission of inaccurate or misleading information may result in cancellation of a Reservation, denial of occupancy, or restriction from future bookings.

Personal data collected in connection with identity verification or screening is processed in accordance with our Privacy Policy and, where applicable, the privacy policies of our service providers. Small Stays may receive verification results or risk indicators necessary to make booking or occupancy decisions but does not receive or rely upon criminal history records or credit reports.

Any disputes related to identity verification or guest screening are subject to the dispute resolution provisions set forth in Section 40.

8. PERSONAL DATA & PRIVACY

Use of the Site and Services may require the provision of certain personal information, including but not limited to name, email address, phone number, payment information, and identification data (“Personal Data”). While Users may browse the Site without submitting Personal Data, access to certain features, reservations, communications, or Services may require submission of Personal Data.

By accessing or using the Site or Services, Users and Guests consent to the collection, use, processing, and disclosure of Personal Data in accordance with Small Stays’ Privacy Policy, which is incorporated into these Terms by reference.

Personal Data may be used for purposes including, without limitation, processing Reservations, identity verification, fraud prevention, customer support, communications regarding Services, compliance with legal obligations, and improving platform functionality and user experience.

For information regarding data practices, rights, consent management, and requests for access, correction, or deletion of Personal Data, please refer to the Privacy Policy. Requests regarding Personal Data will be handled in accordance with applicable law and the Privacy Policy.

By making a Reservation, accessing the Site, or occupying a Property, the User or Guest expressly consents to the collection, processing, storage, and disclosure of Personal Data as necessary to provide the Services, verify identity, prevent fraud, ensure safety, comply with legal obligations, enforce these Terms, and manage Reservations, in accordance with the Privacy Policy and applicable law.

9. FEES

All fees and charges related to a Reservation are charged upfront at the time of booking. Prior to submitting payment, Guests will have the opportunity to review and accept all applicable charges. Except as expressly stated in the applicable Cancellation Policy, all payments are non-refundable.

Reservations are confirmed only after full payment has been successfully processed. The total price of a Reservation may include the nightly rate, applicable taxes, and any disclosed fees, such as cleaning fees, pet fees (if applicable), or additional service charges.

10. PRICING

Small Stays reserves the right to determine and adjust pricing for Reservations and Services, including applicable taxes, fees, surcharges, or other charges, at any time prior to booking. Pricing may vary based on location, length of stay, demand, seasonality, availability, or other operational factors.

While Small Stays makes reasonable efforts to keep pricing information accurate and current, pricing is not guaranteed until a Reservation is confirmed and payment is successfully processed. Prices displayed on the Site or affiliated platforms may change without prior notice before booking.

Small Stays may, in its sole discretion, offer promotional pricing, discounts, or special offers from time to time. Unless expressly stated otherwise, promotional offers do not apply retroactively, are not transferable, and do not apply to existing or previously confirmed Reservations.

All pricing changes apply prospectively only and do not affect confirmed Reservations, except where required by applicable law.

11. TAXES

Certain local governmental authorities may require Small Stays to collect and remit occupancy taxes. These taxes may be calculated based on a percentage of the prices set by Small Stays, a fixed daily amount, or another method as prescribed by local regulations.

Sales and use tax, VAT, local hotel occupancy tax, tourist tax, city tax, lodging tax, and any other applicable indirect taxes (collectively referred to as "Taxes") may apply to the amounts charged for our Services and/or Properties. The total tax amount charged may vary based on location, length of stay, and applicable law. Taxes are charged upfront and incorporated into the total reservation cost.

Guests are responsible for all applicable taxes associated with their Reservation unless expressly stated otherwise.

12. CURRENCY

All fees and charges are processed in U.S. dollars (USD) unless otherwise stated. If a currency conversion is displayed for convenience, such conversion is indicative only and not binding. Exchange rates may be updated periodically and may include processing margins or fees imposed by payment processors. Small Stays is not responsible for differences between indicative exchange rates and the final rate applied by a Guest’s bank or card issuer.

13. PAYMENT DISPUTES & CHARGEBACKS

Guests agree to contact Small Stays directly to attempt to resolve any billing questions or concerns before initiating a chargeback or payment dispute with a payment provider.

Unauthorized or unjustified chargebacks may result in cancellation of current or future Reservations, restriction from future bookings, and recovery of costs or fees incurred by Small Stays in connection with the dispute, to the extent permitted by law.

14. CANCELLATIONS

All Reservations are subject to Small Stays’ Cancellation Policy, which is incorporated into these Terms by reference and forms a binding part of the agreement between Small Stays and the Guest.

15. OPERATIONAL CANCELLATIONS

Small Stays reserves the right to cancel or modify any Reservation due to operational, maintenance, safety, or availability issues, or other circumstances beyond its reasonable control. Where a Reservation is canceled for reasons unrelated to Guest conduct, eligibility, or compliance, Small Stays will issue a refund of applicable reservation charges. Cancellations, removals, or denials of service arising from violations of these Terms, House Rules, or eligibility requirements are governed by Section 29 and may not be eligible for a refund except where required by law.

16. RESERVATION MODIFICATIONS

Requests to modify a Reservation, including changes to dates, length of stay, guest details, or other booking information, are subject to availability and approval by Small Stays.

Approved modifications may result in changes to pricing, fees, taxes, or other charges based on the modified Reservation details. Any additional amounts due must be paid in full at the time the modification is confirmed.

Modification requests made within timeframes governed by the Cancellation Policy may be treated as cancellations, in whole or in part, and applicable cancellation terms may apply. Approval of a modification does not alter or waive the Cancellation Policy unless expressly stated by Small Stays in writing.

Small Stays does not guarantee that modification requests can be accommodated. Failure to approve or complete a requested modification does not entitle a Guest to a refund except as expressly provided in the applicable Cancellation Policy.

17. SECURITY DEPOSIT

All Reservations require a refundable security deposit. The security deposit amount will be disclosed prior to booking and may be collected separately from the reservation total.

If a Guest cancels a Reservation prior to check-in and does not take possession of the Property, any security deposit collected will be refunded in full to the original payment method. The security deposit is separate from reservation charges and is not applied toward cancellation fees, forfeited amounts, or other non-refundable charges unless expressly agreed to in writing.

Guests are responsible for the care, condition, and proper use of the Property during the Reservation period. Any damage, theft, loss, or destruction of the Property or its contents occurring during the stay must be reported promptly. Failure to report damage may result in additional charges or penalties.

Security deposits are intended to cover, without limitation, property damage, missing or stolen items, excessive wear, violations of these Terms or applicable House Rules, unauthorized occupancy, non-standard cleaning, or other costs incurred as a result of the Guest’s stay.

Following checkout and completion of a standard post-stay inspection, any unused portion of the security deposit will be refunded to the original payment method within twenty-four (24) to forty-eight (48) hours, unless additional time is reasonably required to assess damage or obtain repair or replacement estimates.

Small Stays may deduct all or a portion of the security deposit to cover applicable costs. If the total cost of damage, loss, or remediation exceeds the amount of the security deposit, the Guest remains responsible for the balance and authorizes Small Stays to charge the payment method on file or pursue recovery through other lawful means.

The assessment or return of a security deposit does not limit Small Stays’ right to pursue additional remedies or recover additional damages as permitted by law.

18. CHECK-IN / CHECK-OUT / HOLDOVER

Standard check-in and check-out times are disclosed at booking or in check-in instructions. Early check-in or late check-out may be permitted only with prior written approval and may be subject to additional fees.

Failure to vacate a Property by the designated check-out time without authorization may result in additional charges, including, without limitation, an hourly holdover fee disclosed at booking or in check-in instructions, and does not create any right to continued occupancy. Unauthorized holdover occupancy may be treated as trespass to the extent permitted by law.

19. PROPERTY USE & GUEST CONDUCT

Properties managed by Small Stays are provided for temporary lodging purposes only. Guests may not use any Property for commercial purposes, events, parties, or any unlawful activity.

Each Property is subject to property-specific rules, policies, instructions, and restrictions provided by Small Stays prior to or during the Reservation, including but not limited to rules regarding noise, occupancy, pets, smoking, parking, trash, safety, and use of Amenities (collectively, the “House Rules”).

The House Rules are incorporated into these Terms by reference and form a binding part of the agreement between Small Stays and the Guest. Guests agree to review, comply with, and ensure compliance with all House Rules throughout the Reservation period.

Only the Guest(s) disclosed at the time of booking may occupy or access the Property. Guests are responsible for the conduct of all occupants, visitors, and invitees during the Reservation period.

Guests may not sublease the Property, create duplicate listings, or otherwise offer the Property to third parties. Any such activity is strictly prohibited.

Guests must comply with all applicable laws, these Terms, and the applicable House Rules throughout the Reservation period.

Excessive noise, disturbances, unauthorized gatherings, damage to the Property, or violations of these Terms or the House Rules may result in additional charges, immediate termination of the Reservation, removal from the Property, and/or forfeiture of any applicable security deposit, to the extent permitted by law.

20. CLEANING & HOUSEKEEPING

Small Stays LLC and/or its authorized representatives may perform cleaning services at a Property as reasonably required before, during, or after a Reservation.

A standard cleaning fee is charged upfront and included in the total reservation cost. This fee covers standard turnover cleaning following checkout and does not include cleaning required as a result of conditions exceeding ordinary and reasonable use of the Property during the Reservation period.

Guests are responsible for maintaining and returning the Property in good condition at checkout.

If the Property requires cleaning or remediation beyond standard turnover due to conditions exceeding normal use, Small Stays may assess additional cleaning or remediation charges. Any such charges may be deducted from the applicable security deposit or invoiced separately. To the extent such charges exceed the amount of the security deposit, the Guest remains fully responsible for the outstanding balance.

If, upon check-in, a Property is found to be materially unclean, the Guest must notify Small Stays immediately upon discovery so that the issue may be addressed in a timely manner. Failure to provide prompt notice may limit or waive any claim related to cleanliness or condition.

21. MAINTENANCE

Small Stays LLC and/or its authorized representatives may perform maintenance, repairs, inspections, or servicing at a Property as reasonably required before, during, or after a Reservation, including to address safety, operational, or compliance concerns.

If, upon check-in, any essential items or systems at a Property (including utilities or building systems) are not functioning properly, the Guest must notify Small Stays immediately upon discovery so the issue may be addressed in a timely manner. Failure to provide prompt notice may limit or waive any claim related to condition or functionality.

Small Stays does not guarantee uninterrupted operation of utilities, building systems, or services that may be provided or controlled by third parties, including but not limited to Wi-Fi, HVAC, elevators, or water and power service. Temporary interruptions, delays, or reduced functionality resulting from maintenance, repairs, safety considerations, weather events, or third-party service outages do not constitute a breach of these Terms and do not entitle the Guest to a refund, discount, or credit, except where required by applicable law.

22. RIGHT OF ENTRY & EMERGENCIES

Small Stays LLC and/or its authorized representatives may enter a Property without prior notice in the event of an emergency or other urgently necessary situation, including but not limited to circumstances involving safety risks, damage prevention, required maintenance or repairs, suspected violations of these Terms, or compliance with applicable local, state, or federal laws.

In non-emergency situations, Small Stays will make reasonable efforts to notify the Guest in advance and, where practicable, obtain consent prior to entering the Property. Such entry may include access for maintenance, repairs, inspections, cleaning, compliance checks, or to address issues reported by the Guest or reasonably suspected by Small Stays.

Nothing in this section limits Small Stays’ right to access a Property as required by law or to protect the safety, property, or rights of Small Stays, Guests, neighbors, or third parties.

23. SECURITY, MONITORING & SMART DEVICES

To promote safety, prevent unauthorized activity, and protect Properties, Small Stays may utilize security and monitoring technologies at certain Properties.

Such technologies may include, without limitation, smart locks, exterior security cameras, noise monitoring devices, and property management or building security systems. These devices are used solely for safety, security, operational integrity, and compliance purposes.

No recording devices are installed inside the living spaces of any Property. Interior areas such as bedrooms, bathrooms, and living areas are not monitored or recorded under any circumstances.

Exterior cameras, where present, are positioned only in publicly visible areas (such as building entrances or exterior walkways) and are not intended to monitor private activity.

Noise monitoring devices, where used, do not record audio and are designed solely to measure sound levels to detect excessive noise or potential disturbances. Such devices do not capture conversations or personally identifiable audio content.

By making a Reservation and occupying a Property, the Guest acknowledges and consents to the presence and use of such devices, where applicable, in accordance with these Terms, applicable law, and Small Stays’ Privacy Policy.

Tampering with, disabling, covering, or interfering with any security or monitoring device is strictly prohibited and may result in immediate termination of the Reservation, forfeiture of the security deposit, additional charges, and/or removal from the Property.

24. PETS

Pets are permitted only where expressly authorized and subject to all disclosed pet policies and House Rules applicable to the Property.

Guests are fully responsible for any damage, cleaning, remediation, or additional costs arising from pets during the Reservation period. Unauthorized pets may result in additional charges, forfeiture of the security deposit, or termination of the Reservation.

25. MAXIMUM OCCUPANCY & VISITORS

Guests must comply with all maximum occupancy limits and visitor policies disclosed at booking or in the applicable House Rules.

The Guest is responsible for the conduct of all occupants, visitors, and invitees during the Reservation period. Failure to disclose additional occupants or comply with occupancy limits may result in additional charges or termination of the Reservation.

The Guest remains fully responsible and liable for the conduct, actions, and omissions of all occupants, visitors, and invitees as if they were the Guest.

26. AMENITIES & COMMON AREAS

Certain Properties may provide access to shared or on-site amenities, which may include, without limitation, pools, hot tubs, fitness centers, gyms, on-site laundry facilities, parking areas, or other common areas (“Amenities”).

Amenities are provided solely for Guest convenience. Availability, functionality, and access are not guaranteed and may be limited, suspended, restricted, or unavailable due to maintenance, repairs, safety concerns, building rules, operational needs, or circumstances beyond Small Stays’ control.

Certain Amenities may be owned, operated, maintained, or controlled by third parties, including property owners, homeowners’ associations, or building management. Small Stays does not control such Amenities and is not responsible for their operation, availability, or condition. Guests are not entitled to refunds, discounts, or credits due to the unavailability or limited availability of any Amenities.

Use of Amenities is at the Guest’s own risk. Guests are responsible for complying with all posted rules, safety instructions, and applicable laws, and for supervising minors at all times while using any Amenity.

To the fullest extent permitted by law, Guests voluntarily assume all risks associated with the use of any Amenities, including risks arising from conditions, maintenance, third-party operation, or the actions of other users. Small Stays disclaims all liability arising from the use of Amenities except where liability cannot be excluded under applicable law.

27. LOST & FOUND

Small Stays is not responsible for personal property left behind at a Property. Any recovery, storage, or shipment of items is undertaken solely as a courtesy and at the Guest’s expense and risk. Small Stays is not liable for loss, damage, or delay in returning personal items.

28. RIGHT TO REFUSE SERVICE

Small Stays reserves the right, in its sole discretion and to the extent permitted by law, to refuse service, deny occupancy, limit availability, or cancel any Reservation at any time for reasons including, but not limited to, eligibility concerns, payment issues, suspected misuse, non-compliance with these Terms, or safety considerations.

Nothing in these Terms obligates Small Stays to provide accommodations to any particular individual or party.

29. TERMINATION / REMOVAL / EVICTION

Small Stays may terminate access to the Site, cancel a Reservation, or require immediate removal from a Property, with or without notice, if a Guest violates these Terms, House Rules, applicable law, or creates a safety or security risk.

Upon termination or eviction, the Guest’s right to occupy the Property immediately ceases. No refund will be provided except where required by law. Obligations accrued prior to termination—including payment obligations, indemnification, and dispute resolution—survive termination.

30. PLATFORM & LISTING ACCURACY

Small Stays makes reasonable efforts to ensure that information displayed on the Site and any affiliated booking platforms is accurate and current. However, Small Stays does not guarantee the accuracy, completeness, or timeliness of any content, including without limitation property descriptions, availability, pricing, amenities, images, layouts, furnishings, or specifications.

Certain details are approximate and provided for convenience only. Availability, pricing, and features may change due to operational, technical, or third-party factors.

Small Stays reserves the right to correct errors, omissions, inaccuracies, or outdated information at any time, including after a Reservation is made, to the extent permitted by law. Guests are responsible for reviewing all Reservation details prior to confirmation.

31. THIRD-PARTY SERVICES & LINKS

The Site may contain links to, integrate with, or reference third-party websites, platforms, tools, or services that are not owned or controlled by Small Stays, including but not limited to payment processors, identity verification providers, booking platforms, website hosting services, analytics providers, or customer communication tools (“Third-Party Services”).

These Third-Party Services are provided solely for convenience. Small Stays does not control, endorse, or assume responsibility for the content, policies, availability, security, functionality, or practices of any Third-Party Services.

Your use of Third-Party Services is subject to the terms, conditions, and privacy policies of the applicable third party. Small Stays is not responsible or liable for any loss, damage, interruption, error, or issue arising out of or related to your use of or reliance on any Third-Party Services, including outages, data handling practices, or service failures, to the fullest extent permitted by law.

Links to Third-Party Services do not constitute an endorsement or recommendation by Small Stays.

32. SITE AVAILABILITY & CHANGES TO SERVICES

Small Stays may modify, suspend, discontinue, or restrict access to the Site or any portion of the Services at any time, with or without notice, including for maintenance, updates, operational reasons, security concerns, or circumstances beyond our control.

The Site and Services may be unavailable, interrupted, delayed, or limited from time to time due to maintenance, technical issues, third-party service outages, telecommunications failures, internet service disruptions, or other causes.

To the fullest extent permitted by law, Small Stays is not liable for any unavailability, interruption, or inability to access the Site or Services, or for any resulting loss, damage, or inconvenience. This section does not limit any rights or remedies that cannot be disclaimed under applicable law.

33. INTELLECTUAL PROPERTY & PLATFORM RIGHTS

The Site, Services, and all related content, including text, images, graphics, branding, logos, layout, and design elements (collectively, “Platform Content”), are owned by or licensed to Small Stays or its third-party providers and are protected by applicable intellectual property laws.

Subject to these Terms, Small Stays grants Users and Guests a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Platform Content solely for personal, non-commercial use related to making or managing a Reservation.

Any unauthorized use, reproduction, distribution, modification, or exploitation of the Platform Content is strictly prohibited and may result in termination of access and legal action.

34. PROHIBITED CONDUCT

You agree to use the Site, Services, and Properties only for lawful purposes and in compliance with these Terms, applicable law, and any applicable House Rules.

Without limitation, Users and Guests agree not to:

Use the Site, Services, or Properties for any unlawful, fraudulent, deceptive, or unauthorized purpose
Interfere with, disrupt, damage, or impair the operation, security, or integrity of the Site, Services, or any Property
Attempt to gain unauthorized access to systems, networks, accounts, data, or devices
Introduce malware, viruses, malicious code, or other harmful software
Misrepresent identity, booking details, occupancy information, or payment information
Use the Services or Properties for commercial purposes other than permitted Reservations
Sublease, re-list, duplicate listings, or otherwise offer any Property to third parties
Circumvent or attempt to bypass fees, screening, identity verification, occupancy limits, security measures, or monitoring systems
Engage in conduct that violates applicable law, these Terms, or the House Rules

Violation of this Section may result, to the fullest extent permitted by law, in one or more of the following actions:

Suspension or termination of access to the Site or Services
Cancellation of current or future Reservations without refund
Removal from a Property
Forfeiture of security deposits
Assessment and collection of additional charges, damages, costs, or fees
Enforcement of available legal remedies

Nothing in this Section limits Small Stays’ rights under Sections relating to termination, limitation of liability, indemnification, dispute resolution, or recovery of damages.

35. DISCLAIMERS

The Site, Services, Properties, and Amenities are provided on an “AS IS” and “AS AVAILABLE” basis, to the fullest extent permitted by applicable law.

Small Stays makes no representations or warranties of any kind, express or implied, regarding the Site, Services, Properties, or Amenities, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, accuracy, reliability, or availability.

Without limiting the foregoing, Small Stays does not warrant that:

the Site or Services will be uninterrupted, timely, secure, or error-free;
access to any Property, Amenity, utility, system, or service will be continuous or available at all times;
any content, descriptions, images, pricing, or information provided on the Site or affiliated platforms will be accurate, complete, or current; or
defects, errors, or interruptions will be corrected.

Use of the Site, Services, Properties, and Amenities is at the Guest’s own risk, except to the extent such risk cannot be disclaimed under applicable law.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

36. EXTERNAL CONDITIONS

Small Stays is not responsible for conditions beyond its reasonable control, including but not limited to weather events, construction noise, neighboring activity, pests, wildlife, or the presence of third parties in surrounding areas.

To the fullest extent permitted by law, no refunds or credits are provided for issues arising from such external conditions.

37. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Small Stays shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, loss of use, loss of data, or loss of enjoyment, arising out of or relating to the use of the Site, Services, Properties, or Amenities, even if Small Stays has been advised of the possibility of such damages.

Use of any Property or Amenity is at the Guest’s own risk. To the fullest extent permitted by law, Small Stays’ total cumulative liability for any claim arising out of or relating to a Reservation, the Services, or a Guest’s stay shall not exceed the total amount paid by the Guest for the applicable Reservation.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the foregoing limitations shall apply only to the extent permitted by applicable law.

38. INDEMNIFICATION

To the fullest extent permitted by applicable law, the Guest agrees to indemnify, defend, and hold harmless Small Stays, its members, managers, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

the Guest’s Reservation, occupancy, use of a Property, or conduct during the Reservation period;
any violation of these Terms, the House Rules, or any applicable law or regulation;
any act or omission of the Guest or the Guest’s occupants, visitors, or invitees; or
any damage to persons or property caused in connection with the Guest’s stay.

This indemnification obligation does not apply to the extent a claim arises directly from Small Stays’ gross negligence or willful misconduct, where such limitation is not prohibited by law.

The obligations under this Section shall survive the completion or termination of the Reservation and these Terms.

39. FORCE MAJEURE

Small Stays shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including without limitation acts of God, natural disasters, severe weather, fires, floods, earthquakes, governmental actions, public health emergencies, pandemics, utility or service interruptions, labor disputes, building emergencies, or other force majeure events.

To the fullest extent permitted by law, such events shall not entitle the Guest to refunds, credits, or compensation, except where expressly required by applicable law.

40. GOVERNING LAW DISPUTE RESOLUTION & ARBITRATION

Governing Law – The laws of the State of Florida and applicable federal law, without regard to any conflict of law provisions, shall govern the interpretation and enforcement of these Terms of Use. Any controversy, dispute, demand, count, claim, or cause of action (including the interpretation and scope of this clause, and the arbitrability of the dispute) arising out of or related to these Terms of Use shall be exclusively resolved through binding arbitration, following the pre-arbitration dispute resolution process set forth in this Section. Notwithstanding the foregoing, if arbitration is unavailable or unenforceable, the parties agree that exclusive jurisdiction and venue for any dispute shall lie in the state or federal courts located in Miami, Florida.

Pre-Arbitration Dispute Resolution – In the event of a controversy, dispute, demand, claim, or cause of action (a “Dispute”), the party initiating the Dispute must send a written notice (“Notice”) to the other party describing the nature and basis of the Dispute and the specific relief sought (“Demand”). The Notice must be sent by email with a delivery receipt requested to the Company at info@small-stays.com. Upon receipt of the Notice, the parties agree to meet and confer, using a mutually agreed method, to attempt to resolve the Dispute. Both parties agree to work together in good faith to resolve the Dispute within thirty (30) days of the Notice (or such longer period as may be mutually agreed). If the Dispute is not resolved within the thirty-day period (or extended period), either party may initiate arbitration as described below.

Arbitration – If the parties are unable to resolve a Dispute through the pre-arbitration dispute resolution process described in this Section, then the Dispute will be resolved through binding arbitration. Arbitration is a more informal process than court litigation, utilizing a neutral arbitrator rather than a judge or jury. The arbitration may involve more limited discovery than court proceedings and is subject to very limited judicial review. Arbitrators are authorized to award the same damages and relief as a court of law. This agreement to arbitrate includes all disputes arising from or related to these Terms of Use, or communications between you and the Company, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. You acknowledge and agree that by agreeing to these Terms of Use, you and the Company are waiving the right to a trial by jury and to participate in a class action. This includes waiving the right to bring or participate in any class or representative action, whether in arbitration or court.

Exceptions – Notwithstanding the foregoing, nothing in this Section will limit or waive the right of either party to: (i) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (ii) file an individual claim in small claims court, provided such claims are within the jurisdiction and scope of small claims court. If a claim is filed in small claims court, the class action waiver set forth in this Section shall continue to apply.

Arbitration Process – Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator in Miami, Florida, or by video conference (at the claimant’s election). The arbitration will be governed by National Arbitration and Mediation’s (“NAM”) Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”), as modified by these Terms of Use. The NAM Rules and filing forms are available online at www.namadr.com, by calling NAM at 1-800-358-2550, or by contacting the Company directly.

The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. In the event that any Dispute is held not to be arbitrable in accordance with this Section 40, each party consents to the exclusive jurisdiction of the state or federal courts, as applicable, located in Miami, Florida.

Fees – If you commence arbitration in accordance with this Section 40, you will pay the Initial Administrative Fee in accordance with NAM’s then-applicable fee schedule. If the claim is for $15,000 or less, you agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, as determined under applicable law and the NAM Rules, then the payment of fees will be governed by the NAM Rules. In that case, you agree to reimburse us for any fees we previously paid to NAM to the extent permitted by the NAM Rules.

Cost Allocation – Unless otherwise required by law or agreed by the parties, the costs of arbitration shall be shared equally by the parties. Each party shall be responsible for its own attorneys’ fees and expenses, except as otherwise provided by law or arbitration rules.

Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except as may be required by law or to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or us, which is made within 14 days of the arbitrator’s ruling on the merits. In addition, the arbitrator may award any individual relief or individual remedies that are permitted by applicable law.

To the fullest extent permitted by applicable law, you and Company agree that ANY CLAIMS BROUGHT BY YOU AGAINST COMPANY MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.

Enforceability – In the event that the class action waiver in Section 40 is found to be unenforceable for any reason, the remainder of this Section 40 shall also be unenforceable.

41. TERMS OF USE MODIFICATIONS

Changes to these Terms apply prospectively only and will not retroactively alter the terms governing a confirmed Reservation, except where required by applicable law. Continued use of the Site, Services, or occupancy of a Property after the effective date of updated Terms constitutes acceptance of the revised Terms with respect to future use and Reservations.

42. MISCELLANEOUS

These Terms, together with the Privacy Policy and any incorporated policies or House Rules, constitute the entire agreement between the parties and supersede all prior agreements.

Failure to enforce any provision shall not constitute a waiver. Any ambiguity shall not be construed against Small Stays. Sections relating to arbitration, limitation of liability, indemnification, and dispute resolution survive termination.

43. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

For questions or notices regarding these Terms, contact Small Stays at: info@small-stays.com (Subject: “Terms of Use”)