Terms and Conditions
1. Agreement; Parties. Each occupant (“Guest”) and the corporate client (“Corporate Client”), to the extent that the Guest’s reservation (“Reservation”) has been facilitated through a corporate relationship with Mainsail Lodging & Development (“Stay Sojo”), agree to the terms and conditions set forth herein (“Terms and Conditions”) which shall apply to the Reservation for the Unit listed above. As used herein, “Client/Guest” shall refer to the Corporate Client, as applicable, and each Guest. As used herein, “Corporate Housing Provider” shall refer to Stay Sojo, as applicable.
2. Term of Reservation. The “Term” of the Reservation (“Initial Term” and “Renewal Term”) will begin on the reservation's start date and will expire on the agreed-upon date of departure, or reservation end date. Subject to the terms hereof, when the Initial Term expires and if no departure notification (“Departure Notice”) has been submitted as provided herein, the Reservation shall automatically renew for successive renewal terms of one month each (“Renewal Terms”), until either party gives the other a valid Departure Notice, which will be effective: (a) not earlier than the end of the Initial Term; and (b) 30 days after notice is provided (“Vacate Date”). Effective at the end of the Initial Term, Corporate Housing Provider may increase the rental fee with thirty (30) days prior written notice of such increase. After a Departure Notice has been provided, any extensions requested must be approved in writing or by electronic mail by Corporate Housing Provider and may be subject to an increase in rent for the extension period.
3. Termination/Breach/Holdover. If Client/Guest terminates this agreement less than seven (7) days prior to the reservation's start date Client/Guest will be charged a Cancellation Fee of $500.00. If Client/Guest fails to occupy the Unit or vacates the Unit prior to the end of the Term, Client/Guest may terminate the Reservation upon written notice to Corporate Housing Provider and payment in full of all amounts outstanding and all rent and other charges due hereunder for the unexpired Term. Following a termination by the Client/Guest, any rent recovered by Corporate Housing Provider for re-letting the Unit during any portion of the unexpired Term shall be refunded to Client/Guest in an amount up to the amount paid by Client/Guest for such unexpired Term less a $500 termination fee, which the parties agree is a reasonable estimate of the costs, damages and/or other expenses incurred by Corporate Housing Provider as a result of such termination (e.g., fees incurred in re-letting the Unit, charges for furniture rental and pick-up). If Client/Guest fails to pay when due any rental fee or other amounts due hereunder or is in material breach of its obligations hereunder, or in violation of any applicable law, regulation, ordinance, statute or community policy with respect to the Unit, building or complex, and such failure, breach, or violation is not cured within five (5) days after written notice of same, then Corporate Housing Provider may (i) immediately terminate Client/Guest’s right to occupy the Unit, (ii) immediately dispossess Client/Guest and deny Client/Guest access to the Unit, to the extent permitted under or otherwise as provided under applicable local law, and (iii) pursue any and all rights and remedies available to it at law or in equity. Upon termination by Corporate Housing Provider, all amounts outstanding and all rent and other charges for the unexpired Term shall become immediately due and payable. Client/Guest agrees to pay to Corporate Housing Provider all costs of collection and enforcement, including but not limited to reasonable attorney’s fees and all charges for services for collection. If Client/Guest remains in the Unit after the end of the Term without the written consent of Corporate Housing Provider, it shall be deemed a holdover tenancy and Corporate Housing Provider may, in addition to other rights and remedies available at law or in equity, recover, as additional rent, damages from Client/Guest in an amount equal to THREE (3) times the then current daily rental rate or monthly rental rate, prorated on a daily basis, or the maximum amount permitted by law for each day Client/Guest remains in possession of the Unit after the end of the Term.
4. Liability/Extraordinary Charges/Unauthorized Pets. Client/Guest agrees to pay Corporate Housing Provider for any and all damages or losses above normal wear and tear, and all claims, liabilities, fees, taxes or other charges arising out of Client/Guest’s use or occupancy of the Unit. Corporate Housing Provider shall not be liable for any personal injury or any damage to or loss of property, unless caused by the sole negligence of Corporate Housing Provider. Personal property of Client/Guest will not be insured by Corporate Housing Provider. Corporate Housing Provider recommends that Client/Guest secure their own insurance to protect against any such personal injury and damage to or loss of property. Client/Guest hereby covenants and agrees to indemnify, hold harmless and defend Corporate Housing Provider, Stay Sojo, and its affiliates, and each of their officers, directors, employees, agents, successors, assigns and all related parties (“Indemnified Parties”) from and against any and all claims, losses, or liabilities for injury or death to any person or for damages to or loss of use of any property arising out of any occurrence in, on or about the Premises or the surrounding area, building, grounds, or facilities, arising out of, incurred or suffered as a result of use or occupancy of the Premises by Client/Guest. Such indemnification shall include, without limitation, attorney’s fees, investigation costs, and other costs actually incurred by any of the Indemnified Parties. If Client/Guest brings a pet into the Unit without the prior knowledge and permission of Corporate Housing Provider, Corporate Housing Provider may, by providing written notice to Client/Guest, require removal of such pet from the Unit and apartment community immediately. Failure to remove any pet after notice will be grounds for termination of the Reservation and any rights Client/Guest has to occupy the Unit.
5. Unit Sublet. Client/Guest may not sublet the Unit without the prior written consent of Corporate Housing Provider. Any sublet or assignment will not release Client/Guest from liability.
6. Unit Condition. It shall be conclusively presumed that the Premises were in good condition and repair and clean at the time of occupancy, unless Client/Guest notifies Corporate Housing Provider to the contrary within two (2) days of occupancy of the Premises. Client/Guest agrees not to make any alterations, installations, repairs, or re-decorations of any kind, whether permitted by law or otherwise, to the Premises without the written permission of Corporate Housing Provider.
7. Unit Security. Corporate Housing Provider does not represent or warrant that the Premises, the building or the complex is secure from theft or any other criminal activity.
8. Access to Unit. Client/Guest hereby grants Corporate Housing Provider and its agents authorization to enter the Premises for the purpose of providing housekeeping, maintenance services, verifying residency or any other business purposes.
9. Arrival /Departure Time. The arrival time on the first day of the Term is specified above. The departure time on the final day of the Term is specified above. After such time, furniture and housewares are subject to pick up and utilities are subject to disconnect and Client/Guest will be deemed a holdover tenant.
10. Fire Protection Devices. If any fire protection device, including without limitation, a smoke detector or fire extinguisher, is located within the Premises, then upon taking occupancy, Client/Guest assumes responsibility for the maintenance of any such device. Client/Guest assumes liability for the testing of such devices and periodically inspecting pressure gauges, if any, and promptly reporting any deficiencies to Corporate Housing Provider.
11. Long Distance and Dial Around Charges. Client/Guest may use a calling card to place long distance calls, and if the access number for use of the card is toll-free, Client/Guest will not incur an additional charge when making long distance calls with the card. Should Client/Guest incur charges, Client/Guest agrees to pay for all calls, and will be charged a $25.00 per month processing fee, plus a 25% surcharge.
12. Internet Service. Client/Guest expressly agrees that Internet service, if any, is provided on an “AS IS” and “AS AVAILABLE” basis and that Corporate Housing Provider disclaims all liabilities arising from the use thereof. In the event that Client/Guest is provided with Internet service during the Term, Client/Guest may not use the Internet service for any illegal purposes. If Client/Guest is found to be in breach of this Section, Corporate Housing Provider may, in addition to all other remedies it may have and at its sole discretion, immediately terminate Internet access of the Client/Guest without notice. Client/Guest agrees to defend, indemnify and hold harmless the Indemnified Parties from and against any claim or demand asserted by any third party due to or arising out of the use of the Internet service by Client/Guest.
13. General/Notices. Client/Guest shall be deemed to have knowledge of and to have consented to these Terms and Conditions, the rental policies and procedures of Corporate Housing Provider, and the rules of the applicable Unit community. All Addenda and other documents agreed to in connection with the Reservation are hereby made a part of these Terms and Conditions. The Reservation may be executed in two or more counterparts, each of which will be deemed an original, but all of which together shall constitute one and the same Reservation. Typed and/or facsimile signatures shall have the same force and effect as an original signature. These Terms and Conditions will be construed under the laws of the State in which the Unit is located, regardless of principles of conflicts of law. Any notices that may be given from time to time by Corporate Housing Provider to Corporate Client or Guest(s) may be served at the address of the Unit, or by nationally recognized overnight courier service or facsimile, whose transmission has been confirmed, to the business address of Corporate Client, as indicated above. Any notices that may be given from time to time by Corporate Client or any Guest to Corporate Housing Provider may be served by nationally recognized overnight courier service or facsimile, whose transmission has been confirmed, to the following address, as applicable: Stay Sojo, 711 Moorefield Park Drive, Suite L, Richmond, VA 23236; Facsimile: (804) 560-4099. Any such notice shall be deemed received one (1) business day after it is sent, if sent by overnight courier service, or on the day sent, if by confirmed facsimile. Client/Guest waives all rights to trial by jury in any cause of action directly or indirectly involving these Terms or Conditions of the Reservation or occupancy of the Premises.
14. Master Corporate Housing. Corporate Client or Guest’s employer may have a Master Corporate Housing Agreement (“MCHA”) with Stay Sojo. To the extent any of the terms and conditions of such MCHA conflict with these Terms and Conditions, the terms and conditions of the MCHA and any documents related thereto shall control.