Terms of Use

    Effective Date: February 6, 2025

    1. Acceptance of Terms

    By accessing or using the HelotStays website, mobile application, or any services provided by HelotStays (collectively, the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not access or use the Platform.

    Your use of the Platform constitutes electronic acceptance of these Terms. You consent to receive communications from HelotStays electronically, including notices, agreements, and disclosures.

    2. Platform Description

    HelotStays is a short-term rental management and booking platform. HelotStays acts as a booking and management agent for property owners. HelotStays is not a property owner, hotel, or lodging establishment.

    HelotStays facilitates the connection between property owners ("Owners" or "Hosts") and guests ("Guests") seeking short-term accommodations. HelotStays does not own, operate, manage, or control any properties listed on the Platform.

    3. Lodge Compliance Exception

    Some users may be introduced to HelotStays through Lodge Compliance, a separate and independent entity. If you are a customer (guest or owner) introduced through Lodge Compliance:

    • Lodge Compliance's terms and conditions govern your relationship with Lodge Compliance.
    • Lodge Compliance's privacy policy governs data handling by Lodge Compliance.
    • Lodge Compliance's cancellation and refund policies apply to transactions facilitated by Lodge Compliance.
    • HelotStays defers to Lodge Compliance's legal terms for Lodge Compliance-introduced customers.

    Lodge Compliance does not own HelotStays, and HelotStays does not own Lodge Compliance. HelotStays may provide operational services to Lodge Compliance customers under separate arrangements.

    4. User Eligibility

    You must be at least 18 years of age and capable of entering into a binding legal agreement to use the Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements.

    5. Account Registration

    To access certain features of the Platform, you may be required to create an account. You agree to:

    • Provide accurate, current, and complete information during registration.
    • Maintain the security and confidentiality of your account credentials.
    • Notify HelotStays immediately of any unauthorized access or use of your account.
    • Accept responsibility for all activities that occur under your account.

    6. Fees and Payments

    HelotStays charges a management fee on bookings it manages. Payment terms, fee structures, and payout schedules are detailed in the Payments, Fees & Payouts Policy.

    All fees are subject to change with reasonable notice. You are responsible for any applicable taxes associated with your use of the Platform.

    7. Cancellation and Termination

    Cancellation terms for bookings are defined per listing and displayed before booking confirmation. By completing a booking, you accept the applicable cancellation terms. Full cancellation policies are available in the Guest Rental Agreement and Owner Management Agreement.

    8. Prohibited Conduct

    You agree not to:

    • Violate any applicable laws, regulations, or third-party rights.
    • Provide false, misleading, or inaccurate information.
    • Engage in fraud, misrepresentation, or deceptive practices.
    • Interfere with or disrupt the Platform or its infrastructure.
    • Circumvent, disable, or interfere with security features.
    • Use the Platform for any unauthorized commercial purpose.
    • Harass, threaten, or discriminate against other users.
    • Post content that is unlawful, defamatory, or offensive.

    9. Intellectual Property

    All content, features, and functionality on the Platform, including text, graphics, logos, icons, images, and software, are the exclusive property of HelotStays or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without prior written consent.

    10. Disclaimer of Warranties

    THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. HELOT STAYS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

    HELOT STAYS DOES NOT GUARANTEE OCCUPANCY, REVENUE, RANKING, OR PERFORMANCE FOR ANY PROPERTY. HELOT STAYS DOES NOT PROVIDE LEGAL OR TAX ADVICE.

    11. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, HELOT STAYS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE PLATFORM.

    IN NO EVENT SHALL HELOT STAYS' TOTAL LIABILITY EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO HELOT STAYS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

    12. Indemnification

    You agree to indemnify, defend, and hold harmless HelotStays, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

    • Your use of the Platform or violation of these Terms.
    • Your violation of any applicable laws or third-party rights.
    • Any content you submit or transmit through the Platform.
    • Your interactions with other users of the Platform.

    13. Dispute Resolution and Arbitration

    Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the United States, and the arbitrator's decision shall be final and binding.

    CLASS ACTION WAIVER: YOU AGREE TO RESOLVE DISPUTES WITH HELOT STAYS ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION.

    For complete dispute resolution procedures, see our Dispute Resolution & Chargebacks Policy.

    14. Governing Law

    These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles.

    15. Modifications to Terms

    HelotStays reserves the right to modify these Terms at any time. Changes will be effective upon posting to the Platform. Your continued use of the Platform after changes constitutes acceptance of the modified Terms. We will notify users of material changes through the Platform or via email.

    16. Severability

    If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

    17. Entire Agreement

    These Terms, together with the Privacy Policy, applicable agreements, and all policies referenced herein, constitute the entire agreement between you and HelotStays regarding your use of the Platform.

    18. Contact Information

    For questions about these Terms, please contact us through the contact form on our website.