Terms of Use.

Section 01About ZenStay.

ZenStay manages and operates a portfolio of boutique lodging properties. Through the Site and our team, we provide reservation services, guest support before, during, and after your stay, and information about our properties and offerings.

Section 02Eligibility.

You must be at least 18 years of age and able to form a legally binding contract to make a reservation or use our services. By using the Site, you represent that you meet these requirements and that all information you provide is accurate and complete.

Section 03Reservations and bookings.

3.1 Booking

When you make a reservation through the Site, by phone, or through an authorized booking channel, you agree to provide accurate guest information, including your name, email address, and phone number, and to pay all applicable rates, taxes, and fees.

3.2 Confirmation

A reservation is confirmed only when you receive a confirmation from us. We reserve the right to decline or cancel a reservation in our reasonable discretion, including in cases of suspected fraud, error, or unavailability.

3.3 Rates and Payment

All rates are quoted in U.S. Dollars and are subject to applicable taxes and fees. Payment terms, deposits, and authorization holds are described at the time of booking.

3.4 Cancellations and Changes

The cancellation, modification, and refund terms that apply to your reservation are presented to you at the time of booking and form part of these Terms for that reservation. In general, reservations at our hotels may be canceled up to 24 hours before the scheduled arrival; for direct bookings, a processing fee of 5% of the reservation total may be retained from any refund to cover non-recoverable credit card processing costs. Certain vacation rentals are subject to more stringent, property-specific cancellation terms. The specific terms shown to you at the time of booking control in the event of any conflict with this summary.

3.5 Check-In / Check-Out

Standard check-in and check-out times, identification requirements, and any property-specific house rules apply to your stay and will be communicated to you.

Section 04How we contact you.

This section explains how and why we contact you. By making a reservation or providing your contact information, you consent to receive the communications described below.

4.1 Service Communications (Before and During Your Stay)

We use the email address and phone number you provide to communicate with you about your reservation and stay. These are transactional, service-related communications necessary to deliver the services you have booked, and may include:

• Reservation confirmations, modifications, and cancellations
• Pre-arrival instructions, check-in details, and access information
• Time-sensitive updates regarding your stay, the property, or your safety
• Responses to your questions and requests
• Billing, receipts, and payment-related messages

These service communications are part of the services we provide. Because they are necessary to administer your reservation, they are not promotional messages, and you may continue to receive them while you have an active or upcoming reservation with us.

4.2 Post-Stay Communications (Reviews and Feedback)

After your stay, we may contact you by email to thank you, request feedback, and invite you to leave a review of your experience. Your feedback helps us improve our properties and service. You may decline or opt out of post-stay review requests using the unsubscribe option included in those emails.

4.3 Marketing Communications (New Properties and Offerings)

From time to time, we may send you email communications about upcoming openings of new ZenStay properties, special offers, and news that may interest you. You may opt out of these marketing emails at any time by clicking the unsubscribe link included in each such email, or by contacting us at admin@zenstay.com. Once you opt out, we will stop sending you marketing emails, though we may still send you service communications related to any active reservation as described in Section 4.1.

4.4 How to Manage Your Communication Preferences

• Marketing emails - Use the unsubscribe link in any marketing email, or email us at admin@zenstay.com.
• Service communications - These relate to your active reservations and stays and are necessary to provide our services; you may not be able to opt out of essential service messages while you have an upcoming or active reservation.
• We will honor opt-out requests within a reasonable time as required by applicable law.

4.5 Text Messages

If we send you text (SMS) messages, those messages will relate to your reservation and stay (for example, check-in details or time-sensitive updates). We will obtain any consent required by applicable law before sending you promotional text messages, and you may opt out of text messages by replying STOP or following the instructions provided. Message and data rates may apply.

We do not currently send promotional or marketing communications by text message. Any marketing about new properties or offers will be sent by email, subject to the opt-out described in Section 4.3.

Section 05Privacy.

Your privacy matters to us. Our collection, use, and disclosure of your personal information including your email address and phone number is described in our Privacy Policy, available at iubenda.com/privacy-policy/77758292, which is incorporated into these Terms by reference. Please review it to understand your rights and choices, including those available to California residents under applicable privacy laws.

Section 06Guest responsibilities and conduct.

You agree to:

• Provide accurate and current information
• Comply with all property house rules, posted policies, and applicable laws during your stay
• Treat property, staff, and other guests with respect
• Be responsible for any damage to a property caused by you or members of your party

We reserve the right to refuse service, cancel a reservation, or require a guest to leave a property for violations of these Terms, house rules, or applicable law, or for conduct that threatens the safety or comfort of others.

Section 07Use of the Site.

You agree not to misuse the Site, including by attempting to gain unauthorized access, interfering with its operation, scraping or harvesting data, or using it for any unlawful purpose. We may suspend or terminate access to the Site for any user who violates these Terms.

Section 08Intellectual property.

The Site and its contents including text, graphics, logos, the ZenStay name and brand, photographs, and software are owned by or licensed to ZenStay and are protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any part of the Site without our prior written permission.

Section 09Third-party links and services.

The Site may contain links to third-party websites or services (for example, payment processors or booking platforms). We are not responsible for the content, policies, or practices of any third party, and your use of those services is subject to their own terms.

Section 10Disclaimers.

To the fullest extent permitted by law, the Site and our services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or secure.

Section 11Limitation of liability.

To the fullest extent permitted by applicable law, ZenStay and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, arising out of or related to your use of the Site or our services. In no event will the total aggregate liability of ZenStay arising out of or related to a reservation or stay exceed the total amount you actually paid to ZenStay for the reservation giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

Section 12Indemnification.

You agree to indemnify and hold harmless ZenStay and its affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your violation of any law, or your misuse of the Site or our services.

Section 13Changes to these Terms.

We may update these Terms from time to time. The "Last Updated" date above reflects the most recent version. Material changes will be posted on the Site and, where appropriate, communicated to you. Your continued use of the Site or our services after changes take effect constitutes acceptance of the revised Terms.

Section 14Governing law and venue.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to the arbitration agreement in Section 15, any dispute arising out of or relating to these Terms or our services that is not subject to arbitration will be brought exclusively in the state or federal courts located in the City of Santa Barbara, County of Santa Barbara, California, and you consent to the personal jurisdiction of those courts.

Section 15Arbitration agreement and class-action waiver.

15.1 Agreement to Arbitrate

You and ZenStay agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, your reservation, or your stay (a "Dispute") will be resolved by binding individual arbitration, rather than in court, except as set out in Section 15.5. This agreement is governed by the Federal Arbitration Act.

15.2 Arbitration Procedure

The arbitration will be administered by a nationally recognized arbitration provider mutually agreed upon by the parties, under that provider's applicable consumer arbitration rules then in effect, as modified by these Terms. The arbitration will take place in Santa Barbara County, California, or, at your election, by telephone, videoconference, or on the basis of written submissions. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

15.3 Class Action Waiver

You and ZenStay agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. If this Class Action Waiver is found to be unenforceable as to a particular claim, then that claim (and only that claim) will be severed and may proceed in court, while all other claims remain in arbitration.

15.4 30-Day Right to Opt Out

You may opt out of this Arbitration Agreement and Class Action Waiver by sending written notice to ZenStay at admin@zenstay.com or the mailing address in Section 17 within 30 days of first accepting these Terms. Your notice must include your name, the email or phone number associated with your account or reservation, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor ZenStay will be bound by Sections 15.1-15.3, and disputes will be resolved in court as provided in Section 14.

15.5 Exceptions

Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect its intellectual property rights or to address unauthorized access to or misuse of the Site. These exceptions are not subject to the arbitration requirement.

Section 16Miscellaneous.

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any reservation-specific terms, constitute the entire agreement between you and ZenStay regarding the Site and our services.

16.2 Severability

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any provision is not a waiver of our right to do so later.

16.4 Assignment

You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Section 17Contact us.

If you have questions about these Terms or wish to manage your communication preferences, please contact us using the details below. For arbitration opt-out notices under Section 15.4, please use the same contact details.