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Term and Conditions

Welcome to www.loftyvacationrentals.com (the “Site”). Lofty Vacation Rentals Terms & Conditions below apply to all users and/or visitors of the Site as well as all guest reservations.

Lofty Vacation Rentals, Inc. (hereinafter “Lofty Vacation Rentals”, “We”, “Us”, or “Our”) provides an online venue that enables users (“You”, the “Guests” or “Members”) to search for and book Accommodations (as defined below) and other services described herein (collectively, the “Services”). 

These Terms and Conditions contain important information regarding your legal rights and obligations, and include various limitations and exclusions of Our liability. These Terms and Conditions, Privacy Policy, Guest and Booking Terms, and Concierge Services Policy (collectively with any terms, conditions, and/or policies incorporated herein by reference or provided to you by Lofty Vacation Rentals Customer Support, are referred to collectively as the “Terms”) are a binding legal agreement between you and Lofty Vacation Rental that govern your access to and use of the website, applications and other offerings from Lofty Vacation Rentals, whether or not you use any Services or make any Reservations (as defined below). These Terms also govern your reservations, guest stay, and any concierge service bookings with Lofty Vacation Rentals. (“Agreement”)

Scope Of Services

Lofty Vacation rentals was born out of a passion for hospitality. We pride ourselves upon delivering high quality experiences for guests which extend above and beyond what you would expect from a typical hotel or short term rental. We emphasize on the small details, going above and beyond, to truly care about our guests. Your experience is our main priority which is why we are proud to offer concierge tailored services throughout your stay making sure each experience is meaningful. Founded in 2019 we currently offer high quality vacation rentals, apartments and homes in Seattle and Scottsdale. Our years of experience in hospitality and customer service quickly translated well to short term rentals allowing us to delight thousands of guests from across the globe over the past few years. Whether you book through Our Site or with a third-party provider (e.g. Airbnb, and VRBO), you are booking an Accommodation maintained and operated by Lofty Vacation Rentals.

User Requirements. Id Verification. Background Screening

To use Our Site or book a Property using Our Site, you must be 25 years or older. Lofty Vacation Rentals reserves the right to raise the minimum age to rent specific properties. When booking a stay, you must provide accurate, current, and complete information for you and your reservation party. If you choose to register an account with Lofty Vacation Rentals, you must also provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to anyone else. By registering an account with Lofty Vacation Rentals, you agree to comply with all of the Terms set forth herein.

You are responsible for maintaining the confidentiality and security of account credentials and may not share your credentials with any third-party. You are responsible and liable for activities and transactions conducted through your account or your use of the Site. You must immediately notify Lofty Vacation Rentals if your registered account is compromised.

As permitted by applicable law, Lofty Vacation Rentals may, but has no obligation to (i) ask you to provide and verify identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. You hereby consent to background checks and screenings and identity verification by Lofty Vacation Rentals. By booking with Lofty Vacation Rentals, you authorize Lofty Vacation Rentals to use your personal information (including name, address, date of birth, or other identifying information) to obtain these screenings, and you agree that Lofty Vacation Rentals may, in our sole discretion, suspend or terminate your reservations, based on our evaluation of such screening.

By agreeing to this Agreement, you represent and warrant to Us that: (1) you are 25 years or older; (2) fully able and competent to enter into this Agreement; (3) you have not previously been suspended or removed from the Services or any of our Properties; and (4) your registration and your use of the Services and Our Properties is and will be in compliance with any and all applicable laws, rules and regulations. If you are an organization (i.e.- company), the individual accepting this Agreement on your behalf represents and warrants that he or she has the authority to bind you to this Agreement and you agree to be bound by this Agreement.

Non-US Users

The Services are controlled and offered by us from our offices in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own will and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.

No Use Of Avantstay Trademarks

“Lofty Vacation Rentals,” the Lofty Vacation Rentals logos are trademarks of Lofty Vacation Rentals, Inc. These and any other logos, trademarks and service marks of Lofty Vacation Rentals, Inc. may not be used, copied, or modified without prior written consent of Lofty Vacation Rentals. Additionally, the photographs, logos, designs, page headers and icons used on Our Site are trade dress of Lofty Vacation Rentals. Lofty Vacation Rentals trademarks and trade dress may not be used in connection with any product or service that is not Lofty Vacation Rentals and may not be used in any manner that discredits or disparages Lofty Vacation Rentals. Lofty Vacation Rentals prohibits use of any logo of Lofty Vacation Rentals or any of its affiliates as part of a link to or from any website unless Lofty Vacation Rentals approves such link in advance and in writing. You shall not use or register any domain name, social media handle, trade name, trademark, branding, logo or any other source identifier that may be confused with Lofty Vacation Rentals branding.

You acknowledge that Our Site contains information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material (collectively, “Lofty Vacation Rentals Content”) that are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All rights, title and interest in and to Our Site along with any content or technology thereon are the exclusive property of Lofty Vacation Rentals, Inc.

All Lofty Vacation Rentals Content is copyrighted as a collective work under the U.S. copyright laws, and Lofty Vacation Rentals, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such Lofty Vacation Rentals Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as provided by the fair use privilege under the U.S. copyright laws, you may not upload, post, reproduce, or distribute in any way Lofty Vacation Rentals Content protected by copyright, or other proprietary right, without first obtaining our written permission.

Software

In connection with your use of Our website, you agree that you will not (i) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; (ii) use, display, mirror or frame any aspect of the Service (including any layout or design of any webpage or form contained therein), our name, or any of our trademarks, logos or other proprietary information, without our express written consent; (iii) copy, store or otherwise access any information accessible through the Service or any Property for any purpose not expressly permitted under this Agreement; (iv) Use manual or automated software, devices, scripts, robots or other means or processes to access or “hack” any web page or other services contained in the Service or to otherwise collect information or interact with the Service; (v) infringe, misappropriate or violate the rights of any individual or organization, including their intellectual property rights (including rights to trade secrets and moral rights), or their privacy, publicity, confidentiality, contractual, property or other rights; and (vi) use the Service or any Property to transmit, distribute, post or submit any information concerning any other individual or organization without such individual’s or organization’s permission including photographs, personal contact information or credit, debit, calling card or other account numbers.

Limitations Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL LOFTY VACATION RENTALS, INC., OR OUR AFFILIATES (INCLUDING BUT NOT LIMITED TO OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE TO GUESTS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY OF THE SERVICES PROVIDED BY LOFTY VACATION RENTALS, WHETHER BASED ON A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF LOFTY VACATION RENTALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL LOFTY VACATION RENTALS LIABILITY TO GUESTS FOR BREACH OF CONTRACT OR NEGLIGENCE, IN THE AGGREGATE, EXCEED THE TOTAL AMOUNT OF ONE HUNDRED DOLLARS ($100).

Mediation; Litigation

Lofty Vacation Rentals commitment to customer satisfaction has been strongly embedded in our company culture and values. It is important to Us that Our homes and the services provided meet customer expectations in all respects. Thus, if a problem should arise, please contact Lofty Vacation Rentals Customer Support at hello@loftyvr.com, and we will try to resolve your concerns or claims relating in any way to the Site, any dealings with our customer support agents, stays or Services provided by Lofty Vacation Rentals. If we are unable to resolve your concerns or claims, you may pursue claims as set forth in this Section.

You agree to mediate any dispute or claim arising out of these Terms, or any resulting transaction, before resorting to arbitration or court action with an experienced mediator, with a strong preference given to former state or federal judges. Mediation fees, if any, shall be divided equally among the parties involved. If the dispute or claim is not resolved within sixty (60) days of the commencement of mediation, either party may proceed by litigation or, if mutually agreed, arbitration. Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive your right to participate in or be represented in any class or representative action regarding any claim or dispute. If for any reason a claim proceeds in court rather than in mediation, you waive any right to a jury trial

To begin mediation proceedings, you must send a letter requesting mediation and describing your claims to “Attn: Lofty Vacation Rentals Legal” at Lofty Vacation Rentals Inc., Seattle, Washington 98107. If we request mediation against you, we will give you notice at the email address or street address you have provided.

Applicable Law And Jurisdiction

The laws of the State of Washington, without regard to Washington rules regarding conflict of laws, shall apply to any disputes arising out of or relating to these Terms and your use of the Site. Any claims arising out of or relating to these Terms and/or your use of the Site shall be litigated exclusively in the state or federal courts of Washington State, and you and Lofty Vacation Rentals waive any and all rights to a trial by jury and consent to personal jurisdiction in those courts. Any disputes arising or related to Our Properties shall be governed by the law of the State in which the Property is located.

Termination

You acknowledge and agree that Lofty Vacation Rentals, in its sole discretion, may temporarily or permanently suspend or terminate your access to Our Services or registered account for any reasons, including but not limited to repeated cancellations or attempts to cancel confirmed reservations, without notice to you. Lofty Vacation Rentals shall not be liable as a result of any such temporary or permanent suspension or termination of your registered account or use of Our Services.

Indemnification

Guest and registered guests agree to defend, indemnify, and hold harmless Lofty Vacation Rentals, its trustees, directors, officers, employees and agents from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage, or injury to you, your guests and any personal property in connection with the use of our website and Accommodation. This indemnity obligation shall survive termination of this Agreement until satisfied.

No Waiver; No Binding Effect

The failure of Lofty Vacation Rentals to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of AvantStay’s rights or deprive AvantStay of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Modification To Terms

Lofty Vacation Rentals reserves the right to modify these Terms at any time and for any reason. Any modifications, amendment, or cancellation of these Terms that occurs prior to your stay is hereby effective immediately and deemed incorporated into the Terms governing the reservation. You should check our website regularly for updates to these Terms. Your continued use of Our Site and/or any Services provided by AvantStay will constitute your acceptance of the revised Terms.

Severability

In case any provision in this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.

It is understood and agreed that by using Our Site, whether or not you use any Services or make any Reservations, you shall have acknowledged and consented to Lofty Vacation Rental Terms, on behalf of yourself and those in your party.

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