The Site is used to facilitate the booking of residential and other properties listed on the Site. As stated above, CVP, on behalf of the THE ASHLEY makes available a platform or marketplace with related technology for Guests to arrange for bookings of Accommodations directly with Hosts. You understand and agree that THE ASHLEY is not, and never will be, a party to any agreements entered into between Guests and Hosts, nor does THE ASHLEY have any control over the conduct of Hosts, Guests or other users of the Site. This is true even if the Site allows you to reserve an Accommodation or provides other ancillary products or services, as the Site may facilitate reserving an Accommodation or other tools, services or products, but we are not a party to any rental or other agreement between users. THE ASHLEY’s responsibilities are exclusively limited to: (i) facilitating the availability of the Site and (ii) serving as the Hosts’ collection agent for all payments not collected directly from Guests by Hosts.
Much of the information regarding each Accommodation is provided by its Hosts, including, on occasion, photographs of and information about an Accommodation. Photographs of, and information about, an Accommodation are published on the Site to provide prospective Guests with a reasonable understanding regarding the general quality and character of the Accommodation. Photographs of the Accommodations are not necessarily accurate visual representations of the Accommodation nor its features and décor.
Although THE ASHLEY attempts to verify and update information about the Accommodations published on the Site and to update photographs of the Accommodations, THE ASHLEY in no way endorses any User Content or any Accommodation and shall therefore not be liable to any user or Guest if the published information, User Content, or photographs do not reflect modifications to the condition, decor or other features of the Accommodations made by their respective Hosts. THE ASHLEY does not control the quality, condition, safety, legality or suitability of any Accommodation. THE ASHLEY is in no way responsible for,and disclaims any and all liability related to, any and all listings and Accommodations. Accordingly, any and all Reservations are made at the sole risk of you, the Guest.
The Hosts, and not THE ASHLEY, have sole and exclusive responsibility for honoring any confirmed bookings and making available any and all Accommodations reserved through the Site and Services. If you choose to book and confirm a Reservation through THE ASHLEY or the Site, you hereby agree and understand that you will be required to enter into a binding and enforceable agreement with the Host of the Accommodation, and you agree to accept any terms, conditions, rules, restrictions, or other such terms as may be associated with that Accommodation imposed by the Host. You hereby acknowledge and agree that that you, and not THE ASHLEY, will bear sole responsibility for performing the obligations under any such agreement(s), that THE ASHLEY is not a party to such agreement(s), and that, with the exception of any collection obligations hereunder, THE ASHLEY expressly disclaims any and all liability arising from or related to any such agreements or the Guest’s or Host’s breach thereof.
Upon requesting a Reservation, the Guest is required to inform THE ASHLEY of the number of people who will occupy the Accommodation during such Reservation period. Overnight stays in the Accommodation by persons other than the Guest and previously identified and approved occupants are not permitted, and constitute a breach of these Terms for which the Host and/or THE ASHLEY are entitled to rescind the rental contract and to evict you and all occupants from the Accommodation immediately and without prior written notice. At the check-in phase of a Reservation, the Guest and any and all other individuals occupying the Accommodation are required to provide a photocopy of a valid identification card, driver’s license and/or Passport. THE ASHLEY and the Host of an Accommodation reserve the right to exclude guests and/or any other occupants prior to check-in, and reserve the right to exclude or evict any guest or occupant of the accommodation who violates these Terms or any additional rules, regulations and/or terms associated with the Accommodation.
You agree to the following procedure(s)for making and confirming Reservations:
a) Upon receiving a Reservation request, THE ASHLEY will contact the Host to verify whether the requested Accommodation is available for the requested reservation period.
b) After receiving the Host’s confirmation of availability (if applicable), THE ASHLEY will then contact the prospective Guest at the email address or telephone number provided to inform of the Accommodation’s availability.
c) To confirm a Reservation, a Guest must pay the Initial Reservation Payment (as defined below under the heading “Reservation Confirmation”) within 24hours of THE ASHLEY’s email or telephone call confirming the availability of the Accommodation for the requested dates and sending payment information to Guest (the “Reservation Payment Period”). THE ASHLEY shall hold the requested dates at the Accommodation during the Reservation Payment Period.
d) Once receipt of the Initial Reservation Payment is confirmed, THE ASHLEY will instruct the Host to definitively book the Accommodation for you on the date(s)you have requested. Thereafter, THE ASHLEY will send you an email confirmation of the Reservation.
Any delay or failure by you to make the Initial Reservation Payment within the Reservation Payment Period will result in the forfeiture of your hold on the requested date(s)at the Accommodation, and THE ASHLEY will no longer be able to guarantee the Accommodation’s availability for the requested date(s). If you make the Reservation Payment outside of the Initial Reservation Payment Period and the Accommodation is no longer available, THE ASHLEY will reject the payment, in which case you will receive a refund of the entire amount of the payment less any non-refundable credit card charges, bank transaction fees or similar charges.
In connection with your requested Reservation, you will be asked to provide standard billing information such as your name, billing address and credit card information either to THE ASHLEY or its third-party payment processor. You hereby agree to pay THE ASHLEY for any confirmed Reservations in strict accordance with these Terms by one of the methods described on the Site –e.g. by bank transfer, PayPal or credit card. You hereby authorize THE ASHLEY to collect the required amount for your Reservation by charging the credit card, PayPal account, or bank account provided by you to THE ASHLEY, either directly by THE ASHLEY or by a third-party payment processor. You also expressly authorize THE ASHLEY to charge your credit card or other payment method in the event of damage caused at an Accommodation as contemplated under “Damage to Accommodations” below and for the Security Deposit, if applicable under the circumstances. If you are directed to a third-party payment process or for payment, you may be subject to additional terms and conditions governing use of that service, including but not limited to the personal data collection practices of such third-party payment processor. You are advised to review the terms and conditions and privacy policies of any such third-party before using their services.
e) Special Notice Regarding Residential Leases Required under Certain Circumstances: Under certain circumstances, a lease agreement may be required for your specific property based on its location and recent changes in applicable zoning laws. We seek to comply with all applicable local regulations and homeowner association rules regarding rental terms, licenses, taxes, noise and parking. If you rent an Accommodation that requires a residential lease for a certain minimum rental term, e.g., thirty days(as indicated by us or by the Host), or where a lease for a minimum rental term for this property is required by applicable laws, regulations, homeowner’s association rules or THE ASHLEY, then you agree to the required lease agreement provided to you prior to the start of your rental (and which can also be accessed via the link below prior to the start of your rental period) and the lease terms apply in addition to these Terms. To the extent the terms of the lease conflict in any way with these Terms, these Terms shall take precedence. For example, should you be required by the Host to sign a thirty day or morel ease, the reservation shall terminate upon a Guest’s providing notice to THE ASHLEY of checkout via email to THE ASHLEY at firstname.lastname@example.org or call to (833) 623-7826. Prior to the beginning of your stay, we will email a copy of the applicable lease to your email address. If you have any questions regarding the terms of the lease, please contact us at (833) 623-7826. No rental of this property is accepted or final unless you agree to a residential lease with a minimum rental term and house rules, if required, to comply with the applicable local regulations or homeowners’ association rules, including providing such additional identification information which may be required from Guest to comply with such regulations and rules as determined by THE ASHLEY. By indicating your agreement online, accessing the rental for your rental period or using the Services, you agree to the terms of the lease in the substantially the forms provided here [link]. If you elect to enter into a lease agreement, a form lease agreement is also provided as follows.
In connection with your stay in an Accommodation, you agree that:(i) You and all authorized occupants will comply with any and all of the Accommodation’s house rules;
These Rules apply in addition to, and regardless of, any and all rules, policies, or procedures provided by the Host to the Guest(s) relating specifically to the reserved Accommodation.
Hosts may choose to require security deposits for the reservation of their Accommodation to cover the cost of missing items and damages or losses in excess of normal wear and tear (the “Security Deposit”). The amount of the Security Deposit varies by Accommodation and is set by the Host. THE ASHLEY will inform you of any Security Deposit required before you confirm your Reservation. THE ASHLEY will either
(i) use commercially reasonable efforts to obtain a pre-authorization of the Guest’s debit or credit card in the amount of the Security Deposit or
(ii) collect a U.S. bank transfer from the Guest in the amount of the Security Deposit prior to check-in or at check-in. You hereby expressly authorize THE ASHLEY to obtain an authorization hold on your debit or credit card in an amount equal to the Security Deposit as required by the Host. These funds will be held for the duration of your Reservation and will not be available for your use until the hold is released. If damages or losses are discovered upon inspection, either by THE ASHLEY or the Host, during or after check-out, the cost to repair or replace such damages or losses shall be charged to the Guest’s debit or credit card pending receipt of documentation from the Host duly evidencing the repair costs as a result of such damage or loss. You here by waive any and all rights to contest THE ASHLEY’s right to charge your debit or credit card upon our receipt of duly documented repair costs. Once the total cost of damages or losses are determined, and costs of repair are charged to the Guest’s debit or credit card, the remaining amount of the Security Deposit will be returned to the Guest.
If the Security Deposit is charged to your debit or credit card or otherwise collected via other payment method and if no damages or losses were caused, the Security Deposit shall be reimbursed upon completion of the Guest’s stay or within ten (10) business days of check-out, without interest or reimbursement of any currency or transaction fee of any kind.
If the cost of the damage or loss exceeds the amount of the any Security Deposit, THE ASHLEY and/or the Host will send you an invoice or receipt duly evidencing the cost of repairing or remedying the damage or loss, and you hereby agree to pay THE ASHLEY the necessary amount by an authorized payment method within five (5) business days. If you fail to pay the cost of the damage or loss within the specified time, you hereby expressly agree that THE ASHLEY shall be authorized to charge these costs to your debit or credit card previously provided to THE ASHLEY.
If, for any unforeseeable reason, the Accommodation becomes unavailable between the date of booking and the date of the Reservation, or if any unanticipated defect or condition arises or occurs during check-in or during the Guest’s Reservation, other than one affecting health or human safety, which would frustrate the Guest’s reasonable use and enjoyment of the Accommodation prior to completion of his or her stay, please notify THE ASHLEY by phone at (833) 623-7826. Please allow up to 12 hours for a THE ASHLEY representative to address and attempt to resolve the issue. Thereafter, THE ASHLEY will immediately notify the Guest whether or not the issue is resolved. Should the issue not be resolved, THE ASHLEY will make all commercially reasonable efforts to provide an alternative Accommodation for the Reservation period that is comparable in location, quality and character in accordance with terms herein.
Should an unanticipated condition affecting health or human safety occur at the Accommodation, please immediately call us at (833) 623-7826 and leave a voicemail with a return number. THE ASHLEY will work with you to resolve the issue as soon as possible including THE ASHLEY making all commercially
reasonable efforts to provide an alternative Accommodation for the Reservation period that is comparable in location, quality and character. Please be advised that the Guest must report the issue and give THE ASHLEY sufficient time to identify and attempt to resolve the problem prior to moving the Guest to another Accommodation. If THE ASHLEY is unable to locate a suitable and comparable Accommodation for the Reservation period, THE ASHLEY will immediately notify the Guest and inform the Guest of available alternative Accommodations and inform the Guest of the ways in which the alternative accommodation differs from the reserved Accommodation with respect to both quality and rate.
Neither THE ASHLEY nor the Host will relocate Guests, reimburse reservation payments or cancel a Reservation in response to requests or complaints resulting from or related to: causes that are reasonably beyond THE ASHLEY or the Host’s control; causes unrelated to the Accommodation or due to acts of God or other force majeure event(s); causes such as general street noise, disturbance(s)caused by construction, maintenance or repair; the condition of amenities, temporary malfunctioning of elevators, maintenance or repairs of common areas ordered by the building management; repairs to neighboring properties; interruption of the Internet, television or other services; and any similar events affecting the Guest’s stay in the Accommodation.
However, THE ASHLEY is committed to ensuring that every Guest has an enjoyable Reservation and stay, and will therefore exercise commercially reasonable efforts to resolve or minimize the effects of any unforeseeable occurrence related to the Accommodation. THE ASHLEY cannot and does not guarantee that the eventual resolution of the situation will not increase expenses for the Guest, including increased Reservation payments or other expenditures. A Guest’s exclusive and sole remedies in any of the above-described events are to: (i) accept THE ASHLEY’s offered alternative Accommodation arrangements, or (ii) cancel the remaining portion of the rental contract and receive a pro rata reimbursement dependent on the length of time remaining in the Reservation period at the time the unforeseeable condition or defect was discovered.
Although issues are rare, should an unforeseeable circumstance arise that impacts your Reservation at an Accommodation, please immediately contact THE ASHLEY. Your failure or delay in notifying us of any such circumstances that arise may not only hamper THE ASHLEY’s ability to timely and effectively address the situation and improve upon your stay, it may also constitute a waiver of your rights under these Terms and may subject you to liability to either THE ASHLEY, your Host, or both depending on the nature of the unforeseen occurrence. Please remember that response times from technicians and service men can vary, and it can be difficult to arrange for repairs at night or on the weekends and holidays. THE ASHLEY will use all commercially reasonable efforts to remedy any situation as quickly as possible.
You will also be provided with an emergency number to call. This number should only be used in the case of a true emergency affecting life, safety or serious conditions that occur at an Accommodation.
To the maximum extent permitted by law, you accept all risk related to your use of the site and services. Neither THE ASHLEY nor any party involved in creating, producing or delivering the site or services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the costs of substitute products or services, damages for personal or bodily injury or emotional distress associated with use of the site or services or in any way in connection with these terms, or for any damages for which you are held liable in connection with your stay in an accommodation even if a limited remedy set forth herein is 11found to have failed its essential purpose.
Your exclusive remedy against THE ASHLEY in any way connected to your use of the site or services is to discontinue your use of the site or the services. You hereby waive and release any and all statutory, equitable or common law remedies for monetary damages you may have against THE ASHLEY in connection with any damage related to these terms, the site, the services, your stay in an accommodation, or your dealings with a host or other user of the site. All limitations on liability in these terms and the exclusive remedies described herein are fundamental bases of the bargain between you and THE ASHLEY.
You agree to fully release, defend, indemnify and hold harmless THE ASHLEY and its affiliates, partners, subsidiaries and contractors, and their respective officers, representatives, directors, employees and agents, from and against any claims, liabilities, damages, injuries, losses, and expenses (compensatory, direct, incidental, consequential or otherwise),including, without limitation, reasonable legal and accounting fees and expenses, arising out of or in any way connected with
(a) your access to or use of the Site, Services, or Content or your violation of these Terms;
(b) your User Content;
(c) your interaction with any Guest, Host or other user of the Site or Services;
(d) booking of an Accommodation; and (e) your use or reservation of an Accommodation
You hereby understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to your access and use of the Site, Content or Services. In connection with your use of our Site and Services, you may not and you hereby agree that you will not:
(i) Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
(ii) Use manual or automated software, devices, script robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site or Content;
(iii) Use the Site, Content or Services for any commercial or other purposes that are not expressly permitted by these Terms;
(iv) Copy, use, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
(v) Infringe upon the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or any other legal or contractual rights;
(vi) Interfere with or damage our Site, Content or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(vii) use our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements; when acting as a Guest or otherwise, recruit or otherwise solicit any Host or other Guest to join third-party services or websites that are competitive to THE ASHLEY, without THE ASHLEY’s prior written consent;
(viii) Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(ix) Use automated scripts to collect information or otherwise interact with the Site, Content or Services;(x) Post, upload, publish, submit or transmit any Content that:
(i) infringes upon, misappropriates or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or
(vii) promotes unlawful or harmful activities or substances;
(viii) Systematically retrieve data or other content from our Site, Content or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(ix) Use, display, mirror or frame the Site or the Content, or any individual element within the Site, Content or Services, THE ASHLEY’s name, any THE ASHLEY trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without THE ASHLEY’s 13express written consent;
(x) Access, tamper with, or use non-public areas of the Site, the Content, the Services or THE ASHLEY computer or other systems;
(xi) Attempt to probe, scan, or test the vulnerability of any THE ASHLEY system or network or breach any security or authentication measures; or
(xii) Attempt to decipher, decompile, disassemble or reverse-engineer any of the software used to provide the Site, Services or Content; or advocate, encourage, or assist any third-party in doing any of the foregoing.
THE ASHLEY reserves the right to investigate and prosecute any and all violations of the Site Rules above to the fullest extent of the law. THE ASHLEY may involve and cooperate with appropriate law enforcement authorities in prosecuting users who violate these Site Rules or these Terms generally, if applicable. THE ASHLEY has the right to access, preserve and/or disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to:
(i) respond to claims asserted against THE ASHLEY or to comply with legal process (e.g., subpoenas, search warrants, etc.);
(ii) enforce or administer our agreements with users, such as these Terms;
(iii) for fraud prevention, risk assessment, investigation, customer support, product development and/or de-bugging purposes; or
(iv) protect the rights, property or safety of THE ASHLEY, its users, or members of the public. You hereby acknowledge that THE ASHLEY has no obligation whatsoever to monitor your access to or use of the Site, Services or Content, but reserves the right to do so for the purpose of operating and improving upon the Site and Services, (including, without limitation, for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with all applicable laws or the order of a court, administrative agency or other governmental body, or to respond to content that it determines is otherwise objectionable or as set forth in these Terms. THE ASHLEY reserves the right, at any time and without prior notice, to remove or disable access to any Content that THE ASHLEY, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site.
These Terms will be interpreted in accordance with the laws of the State of South Carolina, United States of America, without regard to its conflict-of-law provisions. You hereby agree, pursuant to these Terms, that this section will survive termination of these Terms.
Any dispute or controversy arising under or in connection with these Terms shall be submitted to binding arbitration in accordance with the requirements of the South Carolina Uniform Arbitration Act (SCUAA) as then in effect. All arbitration proceedings shall be conducted in Charleston County, South Carolina. The arbitrators shall be selected as provided in the SCUAA, and the arbitrators shall render a decision on any dispute within ninety (90) days after the last of the arbitrators has been selected. If any party to this Agreement fails to select an arbitrator with regard to any dispute submitted to arbitration under this Section within thirty (30) days after receiving 15notice of the submission to arbitration of such dispute, then the other party or parties shall select an arbitrator for such non-selecting party, and the decision of the arbitrators shall be final and binding upon all the parties to the dispute, their personal representatives, legal representatives, heirs, successors and assigns. The prevailing party in any such proceeding shall be entitled to reimbursement by the losing party, in addition to any damages awarded, for all reasonable costs and expenses, including attorney’s fees, incurred in any such proceeding, including all trial and appellate levels. Nothing contained in this Section shall preclude either party from seeking injunctive relief through a court of competent jurisdiction in conjunction with the Arbitration, and the prevailing party shall also be entitled to reimbursement by the losing party for all reasonable fees and costs, including attorney’s fees, incurred in the proceedings seeking injunctive relief.
You here by understand and acknowledge that the jurisdiction where your Accommodation is locatedmay require Hosts to collect taxes from Guests on the amount paid for the right to use and/or occupy anAccommodation, and otherwise empower governmental agencies, departments or authorities to collect and enforce these tax obligations and liabilities (each such agency, department or authority, a “Tax Authority”). These taxes are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (collectively referred to hereinafter as “Occupancy Taxes”). Occupancy Taxes vary between jurisdictions but, if applicable, are generally calculated as a percentage of the rental or occupancy charge or a set daily amount. If a Tax Authority asserts that THE ASHLEY or Hosts with an Accommodation in that jurisdiction have Occupancy Tax liabilities and obligations, THE ASHLEY reserves the right, in its sole discretion, to facilitate collection and remittance of Occupancy Taxes from Guests on behalf of Hosts. In any jurisdiction in which we decide to do so, you hereby instruct and authorize THE ASHLEY to collect Occupancy Taxes on behalf of Hosts at the time reservation payments are collected, and to remit such Occupancy Taxes to the appropriate Tax Authority. The amount of Occupancy Taxes collected and remitted through THE ASHLEY, if any, will be clearly designated to Guests and separately stated their respective transaction documents. If THE ASHLEY facilitates collection and remittance of Occupancy Taxes on behalf of any Hosts, those Hosts should not collect any Occupancy Taxes from you. Guests hereby acknowledge and agree that in some jurisdictions, THE ASHLEY may not be able to facilitate collection and remittance of Occupancy Taxes and that if THE ASHLEY has not provided notice that it will collect and remit Occupancy Taxes to the Tax Authority on behalf of a Host with an Accommodation in that jurisdiction, Hosts and Guests remain solely responsible and liable for collection and remitting of any and all Occupancy Taxes that may apply to the Accommodation. In any jurisdiction in which we collect and remit Occupancy Taxes on behalf of the Hosts, Guests hereby expressly grant us permission to transfer necessary data and other information relating to the relevant Occupancy Taxes collected and remitted relating to your transactions.
Coastal Vacation Properties LLC
1000 Johnnie Dodds Blvd
Suite 103, #276
Mt. Pleasant, SC 29464