Terms and Conditions
Terms & Conditions
Last Updated: July 27, 2022
Applicability of and Consent to Terms and Conditions.
BY CLICKING TO INDICATE YOUR ACCEPTANCE OF THESE TERMS OR OTHERWISE USING THE SERVICES OR THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU ARE ACCESSING OR USING OUR SERVICES ON BEHALF OF ANOTHER PERSON (SUCH AS USING THE SERVICES TO BOOK A TOUR FOR MULTIPLE PEOPLE OR GROUPS), YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON THAT PERSON OR GROUP’S BEHALF. IF ANYTHING IN THESE TERMS DOES NOT MAKE SENSE TO YOU, PLEASE LET US KNOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK ACCEPTING THESE TERMS OR ACCESS THE WEBSITE OR USE THE SERVICES.
These terms and conditions (“Terms“) are the only terms and conditions that govern the provision of services by Stay Awhile, LLC (“Stay Awhile“) and use of its Web site (“Site”) to each individual customer (“You”). The accompanying order confirmation (the “Order Confirmation“) and these Terms (collectively, this “Agreement“) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the Order Confirmation, these Terms shall govern.
These terms restrict Your rights and remedies and provide protection to Stay Awhile. These also include warranty disclaimers and liability exclusions. By using this website and/or electing to utilize the Services of Stay Awhile, You acknowledge and agree (a) this is acceptable because this website is accessible by You conveniently and at no charge; and (b) if You do not agree or do not accept the Services described in the Order Confirmation or these Terms and Conditions (the “Agreement”), You can choose to not use this website or the Services of Stay Awhile. No alterations to these terms and conditions may be made by any of Stay Awhile’s Hosts, Suppliers, contractors, employees, authorized representatives or agents, unless in writing and signed by an authorized officer of STAY AWHILE, LLC.
You are at least 21 years of age and possess the legal authority to enter into this Agreement in accordance with all terms and conditions contained herein. You agree to be financially responsible for all of the Services provided. You also warrant that all information supplied is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the Services shall be used only to make legitimate reservations or purchases for You or for another person for whom You are legally authorized to act.
Stay Awhile shall coordinate the purchase of the travel, lodging, services and all activities on the trip provided to You (the “Services“) as described in the Order Confirmation and in accordance with these Terms. All services provided in connection with, before, during or after a trip, including but not limited to housing and transportation are provided, owned and operated by independent third-party providers (“Suppliers”), whose employees, agents, subcontractors, facilities, vehicles or vessels, products and services are not subject to Stay Awhile’s supervision or control and Stay Awhile is not their agent or responsible for their actions or omissions. In such capacity, Stay Awhile acts only as an arranger for any transportation carrier, hotel, hostel, apartment, ground operator, or other suppliers of services connected with specific Stay Awhile programs (“Suppliers”), and the other third-party Suppliers are solely responsible and liable for providing their respective products, provisions and services. The transportation, accommodations and other Services provided by the Suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective Web sites or other documentation. BECAUSE STAY AWHILE ACTS AS AN ARRANGER FOR SUPPLIERS, AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT SUPPLIERS, YOU AGREE STAY AWHILE IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THE SERVICES. STAY AWHILE HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY SUPPLIER, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, COST INCREASES, AND OTHER MATTERS OUTSIDE OF STAY AWHILE’S CONTROL, AND YOU HEREBY EXONERATE STAY AWHILE FROM ANY LIABILITY WITH RESPECT TO THE SAME.
Stay Awhile and/or Suppliers reserve the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as deemed necessary, and to refuse to accept or to retain as a member of any tour any person at any time for any reason at its sole discretion.
Separate Supplier terms and conditions will apply to Your Services, including, but not limited to, payment of all amounts when due and compliance with the Supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such Supplier’s conditions of purchase may result in cancellation of Your reservation and/or purchase, in being denied access to any flights, hotels, cruises, trains, buses, boats, or automobiles, in forfeiting any monies paid for such reservation(s) or purchase, and in Stay Awhile debiting your account for any costs Stay Awhile incurs as a result of such violation. You shall be completely responsible for all additional charges, fees, duties, taxes, and assessments from separate Suppliers.
Travel Plan Changes/Alterations
Alterations in itinerary may be necessitated for any number of reasons, including but not limited to severe weather at the sole discretion of Stay Awhile and/or Supplier and are subject to Supplier terms and conditions. If a property, supplier, activity, or area is deleted for any reason, it may be replaced with a comparable one.
Stay Awhile shall not assume any responsibility for any air and/or ground schedule changes.
Dates for tour Services. Stay Awhile shall use reasonable efforts to be accurate in describing any tour performance dates specified in the Order Confirmation, but any such dates shall be estimates only and are ultimately set, modified, and under the control of each separate Supplier.
Payment Schedule and Deposit
You agree to the following payment schedule:
- Date of booking — $1,000 deposit
- 120 days before the trip start date — 100% of total amount due
Cancellation, Refund, and Transfer/Travel Credit
Deposit- A minimum $1,000 deposit for Stay Awhile’s Services is due at the time of booking. If You book more than 120 days before the program, You have 48 hours to cancel the deposit and receive a refund. $500 of the deposit thereafter becomes non-refundable. If You book within 120 days of the program, the deposit is non-refundable.
Payment- Failure to timely pay on the schedule set forth above will be considered a cancellation and you will be subject to Stay Awhile’s cancellation policy. Final payment is due 120 days prior to the first day of the program. No exceptions will be made to the cancellation/refund policy due to anything out of Stay Awhile’s control (including but not limited to flights, weather, medical emergencies, sickness, etc.). You will not receive a refund if you do not show up, if you are late, or if you leave early from a trip. If You cancel within 119-61 days prior to the first day of the program, You will receive a 50% refund of the amount paid, and 50% is non-refundable. If You cancel within 60 days or less before the first day of the program, You will receive no refund and no travel credit.
Cancellation fees (before the trip start date)-
- >120 days – $500 is non-refundable
- 119 – 61 days – 50% is non-refundable
- <60 days – 100% is non-refundable
Credits- Travel Credits can be transferred to another future trip by December 31 of the following year. Travel credit cannot be refunded for cash. Any amounts refunded (or not refunded, as the case may be) will be net of Supplier/third-party deposits/costs incurred by Stay Awhile.
Transfers- Services may be transferred or exchanged for other Services up to 120 days prior to the date of Services at the sole discretion of Stay Awhile and/or Suppliers.
Credit card payments
Only valid credit cards and other payment methods acceptable to Stay Awhile may be used to
purchase products through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Site, You represent and warrant that You are authorized to use the designated credit card or other payment method and authorize us, or our third-party payment processor, to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Site). When You provide your payment information, You authorize us, or our third-party payment processor, to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.
Your booking is not confirmed until Stay Awhile has reached its minimum number of participants, and You have received an email from Stay Awhile saying that you can book your flights. Stay Awhile reserves the right to cancel, alter, or postpone a trip without prior notice at any time before trip commences if we do not have the minimum number of required participants or if it is not financially viable for Stay Awhile to run the program.
Stay Awhile’s pricing is based on foreign exchange rates, and if exchange rates significantly increase or if supplier prices significantly increase due to this, Stay Awhile reserves the right to cancel the trip or make changes to the price of the tour up until the final payment is due.
If You are on a waiting list, You will be emailed if an opening occurs, at which time You shall have 24 hours to reserve the Services by booking a program and generating an Order Confirmation. After 24 hours, the spot will be offered to the next person on the waiting list.
- cooperate with Stay Awhile in all matters relating to the Services;
- respond promptly to any Stay Awhile request to provide information, approvals, and/or authorizations, that are reasonably necessary for Stay Awhile to perform Services in accordance with the requirements of this Agreement;
- provide such materials or information as Stay Awhile may request to carry out the Services in a timely manner and ensure that such materials or information are complete and accurate in all material respects; and
- obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services before the date on which the Services are to start.
You shall be 21 years of age or older by the start date of the program.
Guests are not allowed to join You during your stay.
No pets are allowed on the trip.
Physical Ability and Health
You confirm not to have any known illnesses or medical conditions that would affect Your ability to participate in any or all Services provided. Unknown illnesses or medical conditions are the responsibility and risk of Yourself. Stay Awhile cannot guarantee availability of medical facilities, and You are responsible for providing necessary medications. Stay Awhile cannot guarantee that dietary needs or restrictions can be accommodated. You must be physically able to walk, climb stairs, lift luggage, stand, and walk for long periods of time.
tay Awhile and/or Suppliers are not responsible or liable for any result or damage from the provision of any such emergency medical services.
PROOF OF TRAVEL INSURANCE IS REQUIRED AT LEAST TEN (10) DAYS PRIOR TO THE BEGINNING DATE OF THE SERVICES PROVIDED. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF SERVICES FROM STAY AWHILE TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTIONS, CANCELLATIONS, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES.
Your travel insurance must include and cover medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, death, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to you. In the absence of this medical insurance coverage, you agree to pay all costs of rescue and/or medical services as may be incurred on your behalf. Stay Awhile recommends a minimum coverage of $200,000. Without appropriate travel insurance, you understand and agree that if you, Stay Awhile, or Suppliers cancel or interrupt your travel for any reason, portions of the Services may not be refunded and Stay Awhile and/or Suppliers cancellation penalties will apply resulting in the loss of monies up to the full cost of your Services.
Stay Awhile is not responsible if you lose your job, are terminated from your employment, and/or lose a sale, commission, promotion, employment offer, etc. while on a trip, because of your booking a trip, or because of having been on a trip.
Required information that must be provided within 30 days prior to the start of your trip
In order for Stay Awhile to confirm your travel arrangements, You must provide all requested details at the time of booking. Necessary details include full name as printed on your passport, date of birth, nationality, emergency contact information, and any pre-existing medical conditions or allergies You have which may affect your ability to complete your travel arrangements, without limitation or restriction. We may also request to see a copy of your passport before or during the trip. The information required from each traveler will vary by trip, which will be communicated during the booking process. If all requested information is not provided within 30 days of the trip start date (or at the time of booking if purchased less than 30 days prior to the trip start date), Stay Awhile maintains the right to cancel your trip and assign your spot to the next eligible traveler on the Waitlist without any refund owed to you. Stay Awhile reserves the right to contact your emergency contact if necessary.
It is important that You carefully read all trip-related documents that You receive from Stay Awhile as soon as You receive them. It is your responsibility to contact Stay Awhile if any information is incorrect. Stay Awhile will not accept any liability if You do not notify Stay Awhile of any inaccuracies within 10 days of your receipt of those documents. If separately required by Stay Awhile at their sole discretion, this Agreement and a medical statement or certification must be separately signed and submitted by You. If You fail to submit these and other necessary documentation prior to departure, we reserve the right to treat your booking as canceled by You and impose the cancellation fees described in this agreement.
Customer Travel Documents
Stay Awhile is not a professional advisor on visa/travel services. It is the responsibility of each person to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. If you are late due to incorrect or invalid visas, documents, passports, etc, you are responsible for all related costs. You will not get a refund for any unused portion of trip. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are DHS-designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. Stay Awhile strongly recommends that you take into account that certain countries will not admit a passenger, if their passport expires within six (6) months of the date of entry. Non-United States citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities; please see https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel for forms. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing You to miss flight(s), and subsequent scheduled travel bookings or events. Check each supplier’s website to ensure you and all members in your travel group or party obtain and carry travel documentation required. When you receive any and all travel documents, it is your sole responsibility to review and verify all information.
Health and Immunization Requirements
You are responsible to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodation for security and other rules imposed by government authorities. Stay Awhile is not responsible for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. Prior to travel, required inoculations, if any, must be recorded by Your health practitioner on a valid vaccination certificate, which You must carry for proof of inoculation where required. If You are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the USA State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the USA Centers for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues. Stay Awhile neither controls nor warrants the issuance of visas related to applicable travel. Should a visa not be issued, Stay Awhile is not responsible for lost payments made toward the contemplated trip. Please note that rules regarding entry and exit change on a daily basis.
Stay Awhile and/or Suppliers reserve the right to conduct health screenings and refuse travel to symptomatic persons. Stay Awhile requires that all travelers are vaccinated and boosted against COVID 19. You are required to provide proof of a negative PCR test before the provision of Services. If You test positive for an infection, disease, or virus (including COVID 19), Stay Awhile cannot provide a refund to the unused portion of Services. If a Supplier refuses services or if You are unable to board a plane and/or denied entry due to not being able to provide proof of vaccination or a negative test, then You will be deemed a no-show. No refunds will be available if you get COVID 19 before the date of Services.
Travel Safety and Risks
Travel to certain destinations may involve greater risk than others. Stay Awhile requires You to remain reasonably informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government or others prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/.
STAY AWHILE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY DESTINATION IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. YOUR ENTERING INTO THIS AGREEMENT AND PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH UNCERTAINTIES AND POTENTIAL DANGER AT YOUR OWN RISK.
You may not travel with any hazardous materials or weapons of any kind.
Consent to Emergency Medical Services
You hereby consent to any and all emergency medical services deemed appropriate under the circumstances.
Removal of Participant
Stay Awhile reserves the right to perform a background check on You at any time, and may cancel any reservation at any time for any reason. Stay Awhile may remove any person that is harmful to themselves or other participants. People who harass another individual may be removed. You shall observe and abide by any and all laws of the countries and principalities visited. People that engage in illegal activity may be removed. You will not be entitled to any refund, payment, credit, or compensation of any kind for unused services. You will be responsible for any and all return fares, travel arrangements, etc.
Customer’s Acts or Omissions
If Stay Awhile’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of You or your agents, subcontractors, consultants, or employees, Stay Awhile shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by You, in each case, to the extent arising directly or indirectly from such prevention or delay.
Damages Caused by Customer During Program
Any damage to personal property or real property (i.e. at an apartment) shall be the sole responsibility of You to repair and/or replace.
Stay Awhile may charge for the time it spends assessing and documenting a change request from You on a time and materials basis in accordance with the Order Confirmation.
Fees and Expenses; Payment Terms; Interest on Late Payments
In consideration of the provision of the Services by Stay Awhile and the rights granted to You under this Agreement, You shall pay the fees set forth in the Order Confirmation. You shall pay all other invoiced amounts due to Stay Awhile immediately on receipt of Stay Awhile’s invoice. You shall make all payments hereunder in US dollars by electronic payment. In the event payments are not received by Stay Awhile after becoming due, Stay Awhile may suspend performance for all Services until payment has been made in full.
You shall be responsible for paying, withholding, filing, and reporting all sales, use and excise taxes, and any other similar taxes, duties, governmental assessments, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by You hereunder in their home country or in countries or principalities traveled to in the provision of the Services.
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights“) in and to all documents, work product, and other materials that are delivered to You under this Agreement or prepared by or on behalf of Stay Awhile in the course of performing the Services, including any items identified as such in the Order Confirmation (collectively, the “Deliverables“) shall be owned by Stay Awhile.
All non-public, confidential or proprietary information of Stay Awhile, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to pricing and marketing (collectively, “Confidential Information“), disclosed by Stay Awhile to You, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the provision of the Services and this Agreement is confidential, and shall not be disclosed or copied by You without the prior written consent of Stay Awhile. Confidential Information does not include information that is: in the public domain; known to You at the time of disclosure; or rightfully obtained by You on a non-confidential basis from a third party. You agrees to use the Confidential Information only to make use of the Services and Deliverables. Stay Awhile shall be entitled to injunctive relief for any violation of this Section.
You consents, and Stay Awhile reserves the right, to use any photograph/video taken at any event or during any travel activity, without the express written permission of those included within the photograph/video. Stay Awhile may use the photograph/video in publications or other media material produced, used or contracted by Stay Awhile, including but not limited to: social media, brochures, invitations, books, newspapers, magazines, television, websites, etc.
To the extent You engage in any activities in connection with the program or any other Services, You acknowledge that You have voluntarily elected to participate in such activities. You further acknowledge and agree that the activities are voluntary recreational activities and that no officer, supervisor or other employee of Stay Awhile is requiring you to engage in the activity. You are aware that there are risks and hazards associated with the activities and voluntarily assume all risk of loss, damage or injury to person or property which may arise from or is related to your engaging in the activities, whether such risk is known or unknown to You. You are agreeing to this release in lieu of executing additional waivers on behalf of Stay Awhile in connection with such activities, but agree that you may be required by other third parties to execute additional written waivers. The benefits of such waivers shall apply equally to Stay Awhile and shall not limit the waivers or releases herein. You hereby release Stay Awhile and all entities associated with Stay Awhile and agree not to sue or bring any proceeding against any of the same for any actions, claims or demands that You, your assignees, heirs, distributees, guardians and legal representatives now have or may hereafter have for injury or damages resulting from your engaging in the activities.
Termination, Cancellation, or Price Changes by Stay Awhile
In addition to any remedies that may be provided under this Agreement, Stay Awhile may terminate this Agreement with immediate effect upon written notice to You, if You fail to pay any amount when due under this Agreement or You do not otherwise perform or comply with any of the terms of this Agreement.
LIMITATION OF WARRANTIES
STAY AWHILE MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES OR SUPPLIERS CONTRACTED HEREIN, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL STAY AWHILE BE LIABLE TO YOU OR TO SUPPLIER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT STAY AWHILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL STAY AWHILE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO STAY AWHILE PURSUANT TO THIS AGREEMENT.
Stay Awhile will not provide or re-sell your information to any party other than third-party suppliers as needed. Third-party supplier privacy policies apply thereafter. You may receive communications from Stay Awhile, including messages that we send you (for example, via email, phone call, SMS, and/or text message). BY SIGNING UP FOR THE PROGRAM OR USING THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM STAY AWHILE, AND YOU REPRESENT AND WARRANT THAT EACH PERSON FOR WHOM YOU PROVIDE A WIRELESS PHONE NUMBER AND/OR EMAIL ADDRESS HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM STAY AWHILE. By providing us with your wireless phone number, you confirm that you want Stay Awhile to send you information we think may be of interest to you, which may include Stay Awhile using automated dialing technology to text or call you at the wireless number you provided. You agree to indemnify and hold Stay Awhile harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to the foregoing.
No waiver by Stay Awhile of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Stay Awhile. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Stay Awhile shall not be liable or responsible to You, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the Stay Awhile’s control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosions, epidemics, quarantine, wildlife, or any other adverse weather condition, natural or unnatural phenomenon, or potential catastrophes; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond the control of the Stay Awhile. Stay Awhile shall give reasonable notice of the Force Majeure Event to You, and if capable of determination, stating the period of time the Services expected to continue. You shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
If Stay Awhile and/or any of its Suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the Service. Payment of any refund by Stay Awhile to you as a result of the non-performance of any obligations as the result of Force Majure shall remain in its sole and absolute discretion, although Stay Awhile shall use its reasonable efforts to reimburse you where possible. However, Stay Awhile shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Stay Awhile of the Force Majeure and applicable cancellation fees.
You shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Stay Awhile. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves You of any of its obligations under this Agreement.
Relationship of the Parties
The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
No Third-Party Beneficiaries
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Utah in the United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Utah.
Submission to Jurisdiction
Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America for the State of Utah, or the courts of the State of UTAH in each case located in Salt Lake County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice“) shall be in writing and addressed to the parties at the addresses set forth in the Order Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission), email (, or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Confidentiality, Governing Law, Insurance, Submission to Jurisdiction, and Survival.
Amendment and Modification
The Services may be amended or modified at any time by Stay Awhile and/or Suppliers in a writing which specifically states that it amends the Services as more specifically set forth above. The Terms may be modified at any time in Stay Awhile’s sole discretion. Updated versions of the Terms will be made in this document and posted on this website and are effective immediately on posting. Please check frequently, especially before you use this website or Stay Awhile’s Services, to see if these Terms have changed. Use of the website after any changes to the Terms constitutes your consent to the change