GuestAgreement

Guest Agreement

This Guest Agreement (the “Agreement”) is entered into by and between _____________________________________ (“Host”) and ______________________________ (“Guest”). This Agreement, Host and Guest agree as follows:

1. Premises

Host grants Guest the right to use the specified property at _________________________________________________________________ (the “Unit”) as a private dwelling only, together with the fixtures and appliances in the Unit, for the below stated Term of occupancy, subject to all of the provisions of this Agreement. The guest will have common access to the kitchen, living room, bathroom and hallways. Guest will have exclusive use of _________________________________________________________ in the unit.

2. Term of Occupancy

The term of Guest’s occupancy of the Unit (the “Term”) will begin on ________________, the “Commencement Date”, and end on the _______________, the “End Date”. In the event of early termination, 30 days notice must be given to Host and Guest remains liable for the remainder of monthly fees due until the sooner of (i) the originally agreed upon End Date or (ii) a replacement Guest is found and payment from them is received following the best efforts of Host. Further information is set out in the terms and conditions. Guest must vacate the Unit on the End Date. No extensions of the Term are permitted without the express written consent of Host.

3. Accommodation Fee and Additional Charges

The Unit is subject to a base monthly fee of _______________ (the “Accommodation Fee”). This fee, in addition with any deposit, cleaning, credit card processing, escrow or management fees shall be payable through HousingPanda.com according to the schedule outlined by the HousingPanda booking associated with this agreement. No payments shall be made outside of HousingPanda.com.

4. Deposit

Prior to the Commencement Date, Guest shall pay a refundable deposit of __________________ (the “Deposit”), to be held against any unpaid Guest Fees and damages to the Unit, as further set forth in the Terms and Conditions. This deposit shall be held in escrow through HousingPanda.com and shall be returned to the guest within ten (10) days after checkout unless host makes a claim against this deposit. Deposit shall not be used for payment of the accommodation fee, unless guest is delinquent on their payments.

5. Payment and Due Dates

5.1 Guest shall pay all fees due according to the booking associated with this guest agreement on HousingPanda.com.

5.3 Guests shall pay all Guest Fees when due, by Credit, Debit, Check, Wire Transfer, or Automated Clearing House (ACH), in accordance with the terms of this Agreement. Certain payment methods may come with an additional charge.

6. Terms and Conditions and Addenda

Guest’s occupancy of the Unit is subject to the terms of this Agreement and the Terms and Conditions. Guest’s occupancy of certain units may also be subject to the terms of additional Addenda, each such Addenda setting forth the circumstances under which it will apply. This Agreement constitutes a legally binding agreement between Host and Guest, and Guest acknowledges that it has read, understands and agrees to all of the terms, conditions, policies and disclosures set forth in the Agreement.

Terms and Conditions

These Terms and Conditions are an integral part of the Agreement between Host and Guest. Please read these Terms and Conditions carefully as they contain important information about your legal rights, remedies and obligations. All other capitalized terms used but not defined in these Terms and Conditions are used as defined in the Agreement.

1. Host Unit

Guest’s use of the Unit during the Term will, at all times, be in accordance with this Agreement. Guest acknowledges that Host may be the owner of some or all of the furniture and furnishings within the Unit, but that the Unit and the building in which the Unit is situated (the “Building”) are owned by a third party (“Owner”).

2. Guest Fees and Canceled Checks

All Guest Fees will be paid by Credit, Debit, Check, Wire Transfer, or Automated Clearing House (ACH) through HousingPanda.com.

3. Additional Charges

Guest shall pay any Additional Charges listed in the Agreement, such as cleaning fees, utility fees, parking fees, and administrative fees, as and when due.

4. Deposit

Deposit shall be paid and held in escrow during the Term as security for Guest’s performance of Guest’s obligations under the Agreement. At the conclusion of Guest’s occupancy of the Unit, Host may, but will have no obligation to, retain and use the Deposit as allowed by applicable law including, to the extent permitted by law, for purposes of (i) the cleaning of the Unit, and (ii) repairing damages to the Unit or to its furnishings or fixtures (including replacement), normal wear and tear excepted. Host is not limited to the Deposit to recoup damages and costs, and Guest remains liable for any amounts not covered by the Deposit. No portion of the Deposit may be applied by Guest toward any Guest Fees, including the last month’s Accommodation Fee. Host shall refund to Guest any balance of the Deposit after making such deductions within twenty-one (21) days or sooner as required by law.

If it is determined that there is a covered damage to the unit, Host shall request the deposit be transferred to them from Escrow on HousingPanda.com. In this case, Guest and Host will be presented with the opportunity to prove their claims, and a final decision will be made by a HousingPanda representative as to the amount due.

5. Utilities, Amenities and Other Charges

Utilities Fee for which Guest is responsible for is billed based on the usage of the utilities. In some instances, the Accommodation Fee does not include charges for certain amenities that may be available in the Building. In the event that any additional service packages for amenities are required to be purchased by Guest in connection with the Unit, these will not be considered as part of the Accommodation Fee. Unless otherwise stated by the host, amenity fees charged by the building and utilities (Electricity and WiFi) will not be contained in the amenity fee and will be charged separately.

6. Interest and Late Charges

Guest agrees to pay an administrative late charge of $50.00 or such lesser amount allowed by law for any payment of Guest Fees not received by Host within five (5) calendar days of the payment due date as outlined on the associated booking on HousingPanda.com. In addition, to the extent permitted by law, all payments of Guest Fees not made by Guest when due shall bear interest at the lesser rate of 15% per annum or the maximum rate permitted by law, which interest Guest agrees to pay to Host. The provision for payment of interest and a late charge does not constitute a grace period. Payment of any Guest Fees late on three (3) separate occasions within any twelve (12) month period will constitute “Habitual Late Payment” by Guest. Habitual Late Payment may be treated by Host as a breach of the Agreement by Guest, and Host may, subject to applicable law, and among its other remedies, terminate the Agreement and require Guest to vacate the Unit. Payment of the late charge does not cure the late payment for purposes of establishing Habitual Late Payment.

7. Cancellation Policy

7.1 Guest may cancel the Reservation prior to the Commencement Date in accordance with the cancellation policy on the associated reservation on HousingPanda.com. In the event Guest wishes to cancel outside of the window provided by the cancellation policy, cancellation is at full discretion of Host.

8. Term Extensions

Guest will vacate the Unit on the End Date. No extension of the Term will be allowed without the advance written consent of Host and in each case, only upon re-acceptance and execution of an applicable Agreement by Guest and Host and dependent on availability.

9. Use and Occupancy of the Unit

The Unit shall be used as a private, single family dwelling for residential purposes only and for no other reason. The Unit shall not be utilized for purposes of carrying on any business, profession or trade. Guest shall not place or store any personal property outside of the Unit, and any unauthorized property so placed or stored is subject to removal and disposal by Host or by the Owner without prior notice. During the Term, the Unit will only be occupied by the Guest and other authorized individuals listed on the Agreement, such as partners, spouses, and/or children (“Authorized Occupants”). All rules, limitations, prohibitions or restrictions imposed upon Guest in this Agreement shall also be deemed to apply to Authorized Occupants, regardless of whether or not Authorized Occupants are specifically referenced in the applicable provision. Occupancy of any part of the Unit by any person other than Guest or Authorized Occupants, including third-party guests or visitors, for a period of ten (10) or more consecutive days or for more than a total of fifteen (15) days in any thirty (30) day period shall require Host’s advance written permission. In no event may the number of occupants of the Unit exceed more than two (2) per bedroom at any given time. Guest shall not commit, nor permit, any waste or nuisance upon, in or about the Unit or the Building. Guest shall not take any action, nor permit any action, that interferes with the comfort, safety of enjoyment of the other occupants of the Building.

10. Care of Unit

10.1 Guest shall maintain the Unit, furniture, furnishings and fixtures in a good, clean and tenantable order and condition. Guest also agrees to keep the interior of the Unit in good decorative order, consistent with the original decorative condition of the Unit at the Commencement Date, including all furniture, furnishings and fixtures. Guest shall pay for or reimburse Host for any furniture, furnishings or fixtures that are broken, lost, stolen or damaged during the Term.

10.2 It is Guest’s obligation to report any maintenance issues, pest infestation, or other concerns related to the condition of the Unit to Host as soon as reasonably possible, but in no event later than forty-eight (48) hours after Guest becomes aware of such condition. Guest will be responsible for the cost of any general repairs and maintenance resulting from damage to the Unit, the furniture or furnishings caused by Guest, Authorized Occupants, or any of Guest’s invitees or guests. Without limiting the generality of the foregoing, Guest acknowledges that Guest shall be responsible for the cost of the clearance of stoppages in waste pipes, drains, water pipes or plumbing which are caused by improper use and shall reimburse Host for such costs upon demand.

10.3 The Unit is equipped with a functioning smoke detection device(s) and, in some cases, with a functioning carbon monoxide detection device(s) (collectively, “Devices”). If the Devices are battery operated, Guest is responsible for replacing the Devices’ batteries as necessary to maintain functionality; upon request, Host may assist with the replacement of batteries during Guest stay. Host shall have a right to enter the Unit to check and maintain the Devices as provided by law. Guest shall not, at any time, disable or remove an installed Device, and to do so will be considered a material breach of this Agreement.

10.4 Guest shall not remodel, renovate, paint, refinish floors, or otherwise alter the Unit, common areas, or any other parts of the Building. By way of example of prohibited alterations, but without limitation, Guest shall not (i) apply adhesive paper to any cabinets, walls, or doors, (ii) hang planters, lighting or other fixtures from ceilings or walls, (iii) attach any coverings to floors or walls, or (iv) install any appliances or outside antennae in or on the Unit.

10.5 Guest shall maintain the Unit in a manner that prevents the occurrence and infestation of mold or mildew in the Unit, including the use of equipped bathroom exhaust fans where applicable and/or opening windows as necessary to avoid excess moisture build-up.

11. Repairs & Maintenance

11.1 Subject to applicable law, Host and the Building property managers have the right to enter the Unit to perform repairs and inspections upon 24 hours’ notice, or upon no notice in the event of an emergency.

11.2 Guest acknowledges that the Unit and the Building may, from time to time, require renovations or repairs to keep them in good condition and that such work may result in temporary loss of use of portions of the Building or the Unit. Such portion may include, by way of example but without limitation, swimming pools, fitness centers, laundry facilities, and other amenities. Guest agrees that any such loss or resulting inconvenience will not constitute a reduction in housing services or otherwise warrant a reduction in Guest Fees other than the pro-rated portion of any Additional Fee charged specifically for the impacted amenity.

12. Termination

Circumstances may arise from time to time that render a Unit unavailable for all or part of the Term; such circumstances include (but are not limited to) significant building maintenance or natural disaster. In the event that Host notifies Guest of its intention to terminate and Guest does not desire to be accept, or if the Unit otherwise becomes unavailable during the Term, Guest has the right to appeal at HousingPanda.com and to receive a refund or remediation.

13. Check-in/ Check-out Times

Check-in time on the Commencement Date is outlined on the associated booking on HousingPanda.com. Alternate check-in times may be possible by prior arrangement, subject to availability. If Guest fails to vacate the Unit by the check-out time on the End Date, Host may charge Guest an additional one day’s Accommodation Fee for each day Guest occupies the Unit. This provision is intended to address a late out check-out by Guest on the End Date, and does not limit Host’s rights or remedies under this Agreement or at law should Guest fail to vacate the Unit.

14. Background Checks

Guest certifies that all information provided is true and correct to the best of their knowledge. All Guests and Authorized Occupants listed on the Agreement may be subject to background checks. If a background check is required by Host, Guest acknowledges that Guest and/or any Authorize Occupants may be required to authorize such background check as a condition of securing Guest’s Agreement.

15. Building Rules and Regulations

Guest, the Authorized Occupants, Guest’s invitees and visitors shall comply fully and at all times with all rules and regulations of the Building, as well as any restrictions imposed by the Owner and provided by Host to Guest. Building rules are available upon request. Guest is responsible for ensuring that its invitees and visitors comply with all such rules, regulations and restrictions. Any failure by Guest, the Authorized Occupants, or Guest’s invitees or visitors to comply with the rules and regulations of the Building will be a material breach of this Agreement, and Host will be entitled to terminate the Agreement and require Guest to vacate the Unit.

16. No Assignment, Subleasing or Short-Term Rental

Guest may not assign its rights under this Agreement. Guest may not sublet or transfer possession of all or any part of the Unit to any third party. Guest may not list the Unit on any short-term rental site such as AirBNB, VRBO or other such service. Any advertising or on-line postings as well as actual rentals of the Unit to vacation or short-term guests by Guest constitutes a material breach of this Agreement and, subject to applicable law, Host will be entitled to terminate this Agreement and require Guest to vacate the Unit. Any person who is not the Guest or an Authorized Occupant who occupies any portion of the Unit, for any period of time for any consideration whatsoever (including, without limitation, the payment of money and/or barter of other goods, services, or other property occupancy rights) is not deemed to be a guest or visitor hereunder, and such occupancy shall constitute an unauthorized subletting or assignment under the terms of this section.

17. Scheduled Unit Visitation

Without limiting Host’s right to access the Unit for repair and maintenance, Host has the right to conduct non-emergency visits to the Unit, upon forty-eight (48) hours’ notice, so as to examine the condition of the Unit or to inspect, maintain, repair or replace the furniture and furnishings, or for the purpose of complying with any obligations imposed by the Owner or by law.

18. Non-Smoking Policy

The Unit is non-smoking. Smoking of any substance is not allowed in the Unit or any adjacent outdoor areas, including on any balcony or patio and all other common areas of the Building. Host will charge, and Guest agrees to pay, a damages fee of US $500 for each violation of this policy, in addition to the actual costs for replacement of furniture, additional deep cleaning services, repainting, and other remedial services required to return the Unit, its furniture, and furnishings to its prior condition. Guest shall inform his or her guests or invitees of the Unit of this smoking prohibition and shall be responsible for their adherence to it. Any breach of this section or violation of this non-smoking policy by Guest shall be deemed a material breach of the Agreement and grounds for termination thereof. Guest acknowledges and agrees that there may be other units in the Building where smoking is permitted, that Host has no ability to prevent such smoking, and that Host shall not be liable for any damages or injury to Guest’s health or personal property in connection with the use of tobacco or tobacco products by any other occupant in the Building. Guest shall promptly notify Host in writing of any incident where smoke is migrating into the Unit from sources outside of the Unit.

19. Furniture Removal

Guest may not remove any of the furniture or furnishings from the Unit. Removal of furniture may be accommodated by Host upon specific request, in Host’s sole discretion and at an additional charge.

20. Freight Elevator Charge

Use of freight elevators in the Building will be subject to availability. Guest will be responsible for any freight elevator charge imposed by the Building.

21. Pet Policy

No pets or animals (including, without limitation, dogs, cats, birds, fish, reptiles, rodents or insects) are allowed in or about the Unit or the Building, including on a temporary basis or with an accompanying visitor, except as required by law or by the express written consent of Host. In the event that Host permits Guest to keep a pet in the Unit, a pet deposit or fee may be required as set forth in the Agreement, and Guest assumes full responsibility for any additional damages caused by the pet. Guest acknowledges and agrees that there may be other units in the Building where pets are permitted, that Host has no ability to prevent other occupants from keeping pets, and that Host shall not be liable for any damages or injury to Guest’s health or personal property in connection with the presence of animals in or around the Building.

22. Keys & Premises Access Cards

Guest will receive keys or electronic access cards and may receive parking controls for the Unit and/or the building. Guest is responsible for the security of the Unit until all keys, access cards and/or parking controls have been returned to Host. Guest may not change, rekey the locks or add additional locks or security devices to Unit. Lost keys, access cards and parking controls will incur an additional fee of $150 per lost item or as set forth in Host’s currently posted schedule of additional fees, as that schedule may be updated from time to time in Host’s sole discretion.

23. Lockout Policy

In the event that Guest becomes locked out of the Unit or the Building, Host9 or the Building may charge an additional fee for lockout services in the amount of up to $150 per lockout.

24. No Criminal Activity

The Unit may only be used as a residential dwelling. No use of the Unit or the Building by Guest or Guest’s visitors for activities of an illegal nature will be tolerated, whatsoever. Violation of this policy constitutes a material breach of this Agreement, and Host reserves the right to immediately terminate this Agreement in connection with any violation of this policy.

25. Subordination

This Agreement shall be subject to and subordinate to the terms of the master lease between Host and Owner (the “Lease”).

26. Vacation of Unit

Guest must vacate the Premises on or before the End Date. Upon termination of the Agreement, whether occurring on the End Date or by early termination, Guest shall completely vacate the Premises and any parking or storage areas; and deliver all keys, furnishings, if any, and the Unit to Host in the same condition as received excepting normal wear and tear. It is agreed by the parties to this Agreement that delivery of possession shall be deemed to occur when Guest delivers the keys to the Unit to Host or Host’s agent. If Guest fails to vacate the Unit by the specified End Date or earlier termination date of this Agreement, Host reserves the right to enter the Unit and remove all remaining personal belongings, subject to any legal restrictions. In addition, if Guest fails to vacate the Unit by the specified End Date or earlier termination date of this Agreement, Host may recover from Guest, in addition to possession, (i) two times the monthly Guest Fees during Guest’s holdover, plus (ii) damages sustained by Host, plus (iii) Host’s costs of recovering said amounts and possession, including reasonable attorney’s fees.

27. Personal Property

Host will use reasonable efforts to assist Guest in recovering items of personal property that Guest inadvertently leaves behind upon vacating the Unit. Notwithstanding the foregoing, neither Host nor the Owner assumes any obligation or liability for loss or damage to items of personal property during the Term or thereafter. This includes but is not limited to damage or loss arising from fire, water, theft, flooding, or similar occurrences.

28. Tenant Legal Liability

For all bookings you are strongly encouraged to obtain Tenant Legal Liability.

29. Applicable Law

This Agreement is subject to the law of the jurisdiction where the Unit is located.

30. Disclaimer

Host will not be held responsible for any claims which result from any of the following: (i) the fault of the person(s) affected or any member(s) of their party, or (ii) the fault of a third party not connected with provision of accommodation by Host which could not have been predicted or avoided, or (iii) an event or circumstance which could not have been predicted or avoided even after taking reasonable care.

31. Additional Services

Host does not accept responsibility for any services that are not part of the agreed service package specified in the Agreement. This includes any additional services or facilities that other suppliers have been instructed by Guest to provide.

32. Use of Facilities at Own Risk

Operating instructions for various appliances available within the Unit may be provided upon Guest’s request. Guest is responsible for following all safety instructions when using the appliances. For further assistance, Guest should seek immediate assistance from Host. In cases where facilities or amenities such as swimming pools, fitness equipment, garden equipment, boats etc. are available, their use is strictly at Guest’s own risk and in Guest’s own discretion, and must be in accordance with the Building’s rules and regulations.

33. Force Majeure

Host does not accept liability nor pay any compensation for any unforeseen events that may take place in the Unit or the Building outside of Host’s control. Any such events will be considered events of “Force Majeure” and NOT as negligence. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, swimming pool closure, power outages, air-conditioning failure, elevator shut downs, TV telephone or internet service interruptions, water shortages, construction noise, evacuation by authorities, and all similar events. Any delays in the performance of any obligation of Host under this Agreement shall be excused to the extent that such delays are caused by events of Force Majeure, and any time periods for performance will be extended accordingly.

34. Indemnification and Hold Harmless

Guest shall be liable for, and shall, to the fullest extent permitted by law, indemnify and hold harmless Host and the Owner from any and all damages to any property or physical injury to any person arising as a result of any act or omission by Guest, Guest’s visitors, or any person occupying the Unit or visiting Guest on the premises. Any damage or loss caused by Guest or any of Guest’s visitors throughout the duration of the Term must be reimbursed by Guest at the time of any incident and prior to the end of the Term.

35. Notices

All written notices required to be sent to Host are to be sent by direct message through HousingPanda.com. Written notices required to be sent to you shall be sent by registered mail or courier, and by email, to the addresses listed in your Agreement or, if none are provided, to your address at the Unit.

36. Miscellaneous

The waiver of one breach of any term, condition, covenant or obligation of this Agreement by us shall not be considered to be a waiver of that or any other term, condition, covenant or obligation or of any subsequent breach thereof. If any provision of this Agreement, or portion of such provision, or the application thereof to any person or circumstance, is held invalid, the remainder of the Agreement or the remainder of such provision and the application thereof to other persons or circumstances shall not be affected thereby. This Agreement may not be changed, modified, or canceled except in writing signed by both parties and shall be binding on and inure to the benefit of the Guest or to Host or its successors and assignees.

39. Confidentiality

Guest shall keep the terms of this Agreement confidential and will not disclose the same to any other person or entity, except as may be required by the order of a court of competent jurisdiction or as otherwise allowed by law.

By signing this Agreement, you acknowledge each of the addenda that are attached to this Agreement and are therefore made a part of the Agreement. You further acknowledge that you have read and that you agree to all of the provisions set forth in the Agreement.

Guest:

_____________________ Print

_____________________ Signature

_____________________ Date

Additional Guest(s):

Name: ________________________

Host:

_____________________ Print

_____________________ Signature

_____________________ Date