These Terms of Use (“Terms”) govern your access to and use of the website located at www.zenstay.com (the “Site”) and the hospitality, lodging, booking, and related services provided by ZenStay Inc. By accessing the Site, making a reservation, or staying at one of our properties, you agree to be bound by these Terms.
Section 01About ZenStay.
ZenStay manages and operates a portfolio of boutique lodging properties across California. Our mission is to deliver seamless, tech-enabled hospitality that combines the character of independent hotels with the consistency and convenience of a modern platform. These Terms apply to all guests, visitors, and users who interact with our Site or services in any capacity.
Section 02Eligibility.
You must be at least 18 years of age to use the Site, create an account, or make a reservation. By using the Site, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into a binding agreement. If you are making a reservation on behalf of others, you also represent that you have the authority to accept these Terms on their behalf.
Section 03Reservations, Bookings and Stays.
3.1 Booking and Who Is Bound
Reservations may be made through the Site, by phone, or through authorized third-party booking channels. All bookings are subject to availability and acceptance by ZenStay. Submitting a reservation request does not guarantee a confirmed booking.
“Guest” means the person in whose name a booking is made. “Guest’s Party” means the Guest and every person the Guest permits at the property at any time during the stay, including family, visitors, agents and employees. “Owner” means the owner of the property, for which ZenStay acts as property manager.
By completing a booking, the Guest accepts these Terms for themselves and on behalf of the Guest’s Party, and is responsible for ensuring every member of the Guest’s Party complies with them.
3.2 Confirmation
A reservation is confirmed only upon receipt of a written confirmation from ZenStay via email. Please review your confirmation details carefully and notify us immediately of any discrepancies.
3.3 Rates and Payment
All rates are displayed in US dollars and are subject to change without notice until a reservation is confirmed. Payment is due at the time of booking unless otherwise stated. Applicable taxes and fees will be displayed at checkout and are the responsibility of the guest.
3.4 Cancellations
Where ZenStay collects payment, including direct bookings, VRBO, and Expedia hotel-collect reservations: cancellations made more than 24 hours before the scheduled check-in time are refunded, less a 3% card-processing fee. Cancellations made within 24 hours of check-in, and no-shows, are non-refundable.
Where the booking platform collects payment, including Airbnb and Booking.com, that platform’s cancellation terms govern rather than this section.
ZenStay reserves the right to apply property-specific cancellation policies, which will be disclosed at the time of booking.
Guests are encouraged to obtain travel insurance to cover non-refundable cancellation fees. Airbnb, VRBO, Expedia and Booking.com each offer additional insurance or protection options at checkout.
3.5 Check-In and Check-Out
Check-in is at 4:00 PM and check-out is at 11:00 AM local time, unless the booking confirmation states otherwise for that property.
Early check-in and late check-out are subject to availability and cannot be guaranteed. If a property is ready before the scheduled arrival time, the Guest will be notified by email and text.
Failure to check out by the stated time may result in a late check-out fee and, where the delay prevents the next arrival from taking occupancy, the cost of accommodating that guest elsewhere.
3.6 Occupancy
A property may be occupied only by the number of guests specified at the time of booking. Unauthorized guests are not permitted.
3.7 Noise and Gatherings
Quiet hours are 10:00 PM to 8:00 AM, unless the booking confirmation states different hours for that property, in which case those hours apply.
Parties and large gatherings are not permitted at any time. The Guest is responsible for any fine incurred for violating a local noise ordinance or community rule.
3.8 Smoking
Smoking of any kind, including vaping and cannabis, is prohibited inside the property and anywhere on the premises, including balconies, patios and shared outdoor areas. Violation results in a cleaning and remediation fee, plus the cost of any remediation exceeding that amount.
3.9 Pets
Pets are permitted only at properties designated pet-friendly, and only with ZenStay’s prior written approval. A pet fee applies and is disclosed at the time of booking. Pets may not be left unattended in the property at any time. Any damage caused by a pet is the Guest’s financial responsibility. Bringing an unapproved pet is a breach of these Terms.
3.10 Damage
The Guest is financially responsible for any damage to the property, its furnishings or its contents occurring during the stay, beyond ordinary wear.
ZenStay does not collect a security deposit. The cost of repair or replacement is charged to the payment method on file for the booking. If that charge cannot be completed, the amount is payable by the Guest promptly on request.
3.11 Termination of a Stay
If any member of the Guest’s Party breaches Sections 3.6 through 3.10 or Section 06, ZenStay may terminate the stay immediately and require the Guest’s Party to vacate the property. No refund is due for a stay terminated under this section, and termination does not limit any fee or damage cost otherwise owed.
3.12 Pools and Hot Tubs
Where a property has a pool or hot tub, a signed liability waiver is required from every member of the Guest’s Party before arrival and is a condition of the booking. The Guest is responsible for informing every member of the Guest’s Party of the applicable rules, policies, and safety information.
Section 04How We Contact You.
4.1 Service Communications
By making a reservation, you consent to receive transactional and service-related communications from ZenStay, including booking confirmations, check-in instructions, and updates relating to your stay. These communications are necessary to fulfill your reservation and cannot be opted out of while a booking is active.
4.2 Post-Stay
Following your stay, we may send a satisfaction survey or request a review of your experience. These messages help us improve our service and are sent no more than twice per completed stay.
4.3 Marketing
With your express consent, we may send you promotional offers, new property announcements, and curated travel content. You may withdraw this consent at any time by using the unsubscribe link in any marketing email or by contacting us directly.
4.4 Preferences
You may update your communication preferences at any time by contacting us at ···. We will process your request within a reasonable time.
4.5 Text Messages
If you provide a mobile number, you may receive SMS notifications related to your reservation, such as check-in codes and concierge updates. Standard messaging rates may apply. Reply STOP at any time to opt out of text messages.
Section 05Privacy.
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and protect your personal information. You can review the full Privacy Policy on our site. By using the Site, you consent to the collection and use of your information as described therein.
Section 06Guest Conduct.
All guests are expected to conduct themselves in a manner consistent with the comfort, safety, and enjoyment of other guests and ZenStay staff. By making a reservation or staying at a ZenStay property, you agree to the following:
- Provide accurate and truthful information when creating a reservation or account.
- Comply with all property-specific house rules, including quiet hours, pet policies, and occupancy limits.
- Treat ZenStay properties, staff, and fellow guests with respect at all times.
- Accept full financial responsibility for any damage to property, furnishings, or equipment caused during your stay, whether by you or your guests.
ZenStay reserves the right to remove any guest who violates these conduct standards without refund.
Section 07Use of the Site.
You agree to use the Site only for lawful purposes and in a manner that does not infringe on the rights of others or restrict their use of the Site. Prohibited activities include but are not limited to: automated scraping or harvesting of content, using bots or scripts to interact with the Site, attempting to gain unauthorized access to any system or account, transmitting malicious code or interfering with Site infrastructure, and using the Site to facilitate fraudulent transactions or impersonate another person or entity.
ZenStay reserves the right to suspend or terminate access for any user who violates these restrictions.
Section 08Intellectual Property.
All content on the Site, including text, photographs, graphics, logos, icons, and software, is the exclusive property of ZenStay Inc. or its licensors and is protected by applicable copyright, trademark, and intellectual property laws. You may not reproduce, distribute, modify, publicly display, or create derivative works from any Site content without prior written permission from ZenStay.
Limited, personal, non-commercial use of the Site for the purpose of making a reservation is permitted. Any other use requires explicit written consent.
Section 09Third-Party Links.
The Site may contain links to third-party websites, services, or resources. These links are provided for your convenience only and do not constitute an endorsement of those sites or their content. ZenStay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party site. You access linked sites entirely at your own risk and should review their terms and privacy policies independently.
Section 10Disclaimers.
The Site and all services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. ZenStay expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. ZenStay does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
Information displayed on the Site, including pricing, availability, and property descriptions, is subject to change without notice. ZenStay makes no representations about the accuracy or completeness of any content on the Site.
Section 11Limitation of Liability.
Neither the Owner nor ZenStay is liable for personal injury, illness, loss, or damage to personal property sustained by the Guest’s Party during the rental period, except to the extent such liability cannot be limited under California law.
To the fullest extent permitted by applicable law, ZenStay Inc. and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of, or inability to use, the Site or services, including but not limited to loss of profits, loss of data, or loss of goodwill.
In no event shall ZenStay’s total aggregate liability to you for any claim arising from these Terms or your use of the Site exceed the total amount you paid to ZenStay in the twelve months preceding the claim.
Section 12Indemnification.
You agree to indemnify, defend, and hold harmless ZenStay Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your breach of these Terms, your violation of any applicable law or regulation, your use of the Site or services, or your infringement of any third-party rights.
Section 13Changes to Terms.
ZenStay reserves the right to modify or update these Terms at any time at its sole discretion. When we make material changes, we will update the “Last updated” date at the top of this page and, where appropriate, notify you by email. Your continued use of the Site or services following any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Site immediately.
Section 14Governing Law.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Subject to the arbitration clause in Section 15, any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Santa Barbara County, California, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.
Section 15Arbitration and Class Action Waiver.
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial. By agreeing to these Terms, you and ZenStay are each waiving the right to a trial by jury or to participate in a class action.
15.1 Agreement to Arbitrate
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Site or services, shall be determined by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of a party’s intellectual property rights.
15.2 Class Action Waiver
Any arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action. You and ZenStay each waive the right to have any dispute heard as a class action, private attorney general action, or in any other representative capacity.
15.3 Arbitration Location and Procedure
Unless you and ZenStay agree otherwise, arbitration shall take place in Santa Barbara County, California. Each party shall bear its own costs and attorneys’ fees unless the arbitrator determines the claim was frivolous or brought in bad faith.
15.4 Small Claims Exception
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court’s jurisdiction, as an alternative to arbitration.
15.5 Opt-Out Right
You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to ··· with the subject line “Arbitration Opt-Out.” Your notice must include your full name, mailing address, and email address. Opting out will not affect any other provisions of these Terms.
Section 16Miscellaneous.
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms disclosed at the time of a specific transaction, constitute the entire agreement between you and ZenStay with respect to the subject matter hereof, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.
16.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.
16.3 Waiver
ZenStay’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of ZenStay to be effective.
16.4 Assignment
You may not assign or transfer these Terms, or any rights or obligations hereunder, without ZenStay’s prior written consent. ZenStay may freely assign these Terms in connection with a merger, acquisition, or sale of assets without restriction.
Section 17Contact Us.
If you have any questions about these Terms or need assistance with a reservation, please reach out through any of the channels below.