Last Updated: April 21, 2025
These Terms and Conditions (“Terms”) govern your access to and use of the short-term rental housing services provided by LOGSTAYS LLC (“LOGSTAYS LLC”, “we”, “us”, or “our”), which offers fully furnished residential properties (“Properties”) for transient occupancy in Texas. By booking or staying in our Properties, you agree to be bound by these Terms, including any updates or revisions, and our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms, you may not use our services or stay in our Properties.
1. Definitions
- “User” refers to any individual or entity accessing our platform or booking our Properties, including Guests.
- “Guest” refers to an individual booking a Property through our platform, classified as a transient guest as defined in Section 2(b), regardless of the duration of their stay.
- “Booking” refers to a confirmed reservation for a Property made through our platform.
- “Services” refers to all services provided by LOGSTAYS LLC, including but not limited to providing fully furnished Properties, booking management, payment processing, and customer support.
- “Content” refers to all text, images, videos, or other materials uploaded to or displayed on our platform by Users or LOGSTAYS LLC.
- “Platform” refers to the website, mobile application, or other digital interfaces operated by LOGSTAYS LLC to facilitate Bookings and provide Services.
2. Eligibility and Transient Guest Status a. Eligibility
- You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our Services or book our Properties.
- By using our Services, you represent and warrant that you meet these eligibility requirements and that all information you provide is accurate, current, and complete.
- Our Services are not available to individuals or entities previously suspended or removed for violating these Terms.
b. Transient Guest Status
- All Guests booking Properties through LOGSTAYS LLC are classified as transient guests under Texas law (e.g., Texas Property Code § 92.001 et seq. and Texas Tax Code § 156.001 et seq.), regardless of the duration of their stay, including stays exceeding 28 days.
- Guests expressly acknowledge and agree that their stay does not create a tenancy, lease, or landlord-tenant relationship under Texas law (e.g., Texas Property Code § 92.001 et seq.) or the laws of any other state, even for extended stays. Guests have no rights to occupancy beyond the Booking period specified in their confirmed reservation and are not entitled to tenant protections, such as eviction procedures, rent control, or other tenancy rights.
- All Bookings are for transient occupancy only, as defined by Texas law for hotel or short-term rental arrangements (e.g., Texas Tax Code § 156.001 et seq.), and this classification applies regardless of stay duration to prevent Guests from claiming tenancy status.
- This transient guest classification is designed to be enforceable in Texas courts and generally applicable across other U.S. states, subject to local laws. Guests are solely responsible for ensuring compliance with any jurisdiction-specific requirements, such as local ordinances or state-specific tenancy laws, and LOGSTAYS LLC bears no liability for such compliance.
3. Services Provided
- LOGSTAYS LLC provides fully furnished Properties for transient purpose in Texas, directly to Guests.
- We own, manage, or have authority to operate the Properties listed on our Platform. We are responsible for the accuracy of Property descriptions, availability, and compliance with Texas and local laws, including but not limited to hotel occupancy tax requirements (Texas Tax Code § 156.001 et seq.).
- Our Services include providing access to a booking platform, managing reservations, ensuring Properties are furnished and maintained, and offering customer support to Guests.
- We facilitate payments through third-party payment processors. All payment transactions are subject to the terms of the applicable payment processor.
4. Guest Responsibilities
- Guests must provide accurate personal and payment information when making a Booking and warrant that such information is truthful and complete.
- Guests agree to comply with all house rules set by LOGSTAYS LLC as communicated through the listing, booking confirmation, or direct communication, and acknowledge that failure to comply may result in immediate termination of their Booking without refund.
- Guests are responsible for leaving the Property in a reasonably clean and undamaged condition, normal wear and tear excepted, and will be liable for any damages caused by their actions or negligence.
- Guests must promptly report any issues or damages to our customer support team within 24 hours of discovery, providing verifiable evidence (e.g., photos or videos) to support any claims.
- Guests acknowledge their status as transient guests under Texas law and expressly waive any claim to tenancy rights or protections under Texas or any other state’s laws.
- Guests must not use our Properties or Services for any unlawful, fraudulent, or unauthorized purpose, including initiating fraudulent chargebacks or making false allegations against LOGSTAYS LLC.
- Guests must not upload or share Content that is defamatory, obscene, discriminatory, or infringes on third-party rights (e.g., intellectual property or privacy rights).
- Guests agree to communicate respectfully and professionally with our support team and are prohibited from making false or malicious allegations, including but not limited to claims that damage the reputation, financial standing, or operations of LOGSTAYS LLC or its affiliates.
- Any violation of these responsibilities may result in immediate account termination, financial penalties, and legal action, at LOGSTAYS LLC’s sole discretion.
5. Booking and Payment Terms
- Bookings are subject to availability. A Booking is confirmed only when the Guest receives a confirmation email from LOGSTAYS LLC.
- Guests must pay the total amount specified at the time of Booking, including rental fees, taxes (including Texas hotel occupancy tax under Texas Tax Code § 156.001 et seq.), cleaning fees, and any additional charges disclosed in the listing.
- Payments are processed through our third-party payment processor. Guests agree to provide valid payment information and authorize charges for Bookings, including any damages or additional fees incurred during their stay.
- All prices are in U.S. dollars unless otherwise specified. Guests are responsible for any currency conversion fees or taxes imposed by their financial institutions.
- Guests agree not to initiate fraudulent chargebacks or disputes with their payment provider. Any chargeback deemed fraudulent by us or the payment processor will result in the Guest being liable for the full amount of the chargeback, plus associated fees, legal costs, and any additional damages.
6. No Refunds Policy
- All Bookings are final, and no refunds will be issued under any circumstances, including but not limited to Guest cancellations, extenuating circumstances (e.g., natural disasters, government travel restrictions), dissatisfaction with the Property, or termination of a Booking due to Guest misconduct.
- Guests are encouraged to review Property details, house rules, and policies carefully before making a Booking, as all payments are non-refundable.
- In the event LOGSTAYS LLC cannot fulfill a Booking due to exceptional circumstances (e.g., Property damage rendering it uninhabitable), we may, at our sole discretion, offer to rebook the Guest in an alternative Property, but no refunds will be provided.
7. Fees
- Guests may be charged a service fee, which will be clearly disclosed at the time of Booking.
- Additional fees, such as cleaning fees, damage fees, or security deposits, will be disclosed in the listing or Booking confirmation.
- All fees are non-refundable, and Guests are liable for any additional fees incurred due to damages or violations of house rules.
8. User Content
- Guests may upload Content to our Platform, such as reviews or feedback, subject to our approval.
- By uploading Content, you grant LOGSTAYS LLC a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, distribute, and display the Content in connection with operating and promoting our Services.
- You represent and warrant that you own or have the necessary rights to upload and share your Content and that it does not violate any third-party rights or applicable laws, including Texas law.
- Content that is false, defamatory, or damaging to the reputation of LOGSTAYS LLC is strictly prohibited. We reserve the right to remove or modify any Content that violates these Terms or is otherwise objectionable, at our sole discretion, and Guests posting such Content will be liable for any resulting damages.
9. Reviews and Ratings
- Guests may submit reviews and ratings for their stay after a Booking is completed, subject to our Review Policy.
- Reviews must be honest, accurate, and based on your actual experience. Reviews must not contain defamatory, false, malicious, or discriminatory content intended to harm the reputation or financial standing of LOGSTAYS LLC.
- We may remove reviews that violate these Terms or our Review Policy, and Guests who post false or damaging reviews will face immediate account suspension, financial penalties, and potential legal action.
- Guests agree to indemnify LOGSTAYS LLC for any damages arising from false or defamatory reviews, including legal fees and reputational harm.
10. Protection Against False Allegations and Damages
- Guests are strictly prohibited from making false, malicious, or unfounded allegations against LOGSTAYS LLC, its affiliates, or employees that could damage reputation, cause financial harm, or disrupt operations. Such actions include but are not limited to false claims of misconduct, fraud, or Property issues.
- If a Guest makes false allegations, they will be liable for all resulting damages, including reputational harm, financial losses, legal fees, and any other costs incurred by LOGSTAYS LLC or affected parties.
- LOGSTAYS LLC reserves the right to investigate any allegations made by Guests. Guests must provide verifiable evidence (e.g., photos, videos, or written documentation) within 24 hours of making a claim. Failure to provide such evidence will result in the claim being deemed baseless, and the Guest will be liable for all associated damages, including legal fees and costs.
- Guests found to have made false or malicious allegations will face immediate account termination, financial penalties, and legal action to recover damages, at LOGSTAYS LLC’s sole discretion.
11. Fraud and Chargeback Protection
Guests engaging in fraudulent activities, including but not limited to initiating fraudulent chargebacks, misrepresenting payment information, or attempting to deceive LOGSTAYS LLC, will be liable for all resulting damages, including the full amount of the transaction, associated fees, legal costs, a capped $500 penalty for LOGSTAYS LLC’s time, and any additional damages.
LOGSTAYS LLC reserves the right to pursue legal action through arbitration against Guests who initiate fraudulent chargebacks or engage in deceptive practices, including recovering the disputed amount, associated fees, and any additional damages.
Guests agree that all payment disputes, including those related to chargebacks, must be submitted to our internal pre-dispute resolution process (Section 14) at least 30 days before initiating a chargeback or arbitration, requiring submission of verifiable evidence (e.g., photos, videos, or written documentation) within 30 days of the incident. Initiating a chargeback or arbitration without complying with this 30-day prior submission requirement is a violation of these Terms and will result in the Guest’s liability for the full transaction amount, all associated costs, legal fees, a capped $500 penalty for LOGSTAYS LLC’s time, and any additional damages. This contractual obligation may be presented as evidence to credit card providers to contest fraudulent chargebacks.
12. Limitation of Liability
- To the maximum extent permitted by Texas law, LOGSTAYS LLC is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our Services or Properties, including but not limited to property damage, personal injury, reputational harm, or financial loss caused by false allegations, fraudulent chargebacks, or other Guest misconduct.
- We are not responsible for Guest conduct or damages beyond normal wear and tear. All Bookings are made at the Guest’s own risk.
- Our total liability for any claim arising from these Terms or your use of our Services will not exceed the amount paid by you for the Booking giving rise to the claim.
13. Indemnification
- You agree to indemnify, defend, and hold harmless LOGSTAYS LLC, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from your use of our Services, violation of these Terms, infringement of third-party rights, false or malicious allegations, fraudulent chargebacks, or any other actions that cause reputational or financial harm to LOGSTAYS LLC or other parties.
- This indemnification obligation includes, but is not limited to, costs incurred due to defending against false allegations, recovering fraudulent chargebacks, or addressing damages caused by your Content or conduct.
14. Pre-Dispute Resolution and Arbitration Clause
a. Mandatory Pre-Dispute Resolution Process
- Before initiating arbitration, Guests must submit any dispute, claim, or controversy (“Dispute”) to LOGSTAYS LLC’s internal pre-dispute resolution process by emailing support@logstays.com within 30 days of the incident giving rise to the Dispute.
- Guests must provide a detailed written description of the Dispute and verifiable evidence (e.g., photos, videos, or written documentation) to support their claim. LOGSTAYS LLC will review the submission and respond within 30 days, offering a resolution or denying the claim.
- Failure to comply with this pre-dispute resolution process, including providing verifiable evidence, will bar the Guest from pursuing arbitration or any other remedy, and the Dispute will be deemed resolved in favor of LOGSTAYS LLC.
- This process is designed to resolve Disputes efficiently and deter frivolous or malicious claims. Guests who submit false or unsupported claims will be liable for LOGSTAYS LLC’s costs, including a capped $500 fee for time spent reviewing the claim.
b. Agreement to Arbitrate
- Any Dispute not resolved through the pre-dispute resolution process, including claims that would otherwise qualify for small claims court, must be initiated within 30 days of the incident giving rise to the Dispute and will be resolved exclusively by binding arbitration conducted remotely, in accordance with Texas law (e.g., Texas Civil Practice and Remedies Code § 171.001 et seq.) and the Federal Arbitration Act (9 U.S.C. § 1 et seq.). No lawsuits or court proceedings are permitted under any circumstances, except as provided herein.
c. Arbitration Rules
- The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. d. Arbitration Process
- A single arbitrator will be appointed by mutual agreement or by the AAA. The arbitration will be conducted in English exclusively via remote means (e.g., email, web video, phone, or electronic submissions through the AAA’s portal), with no physical or in-person processes permitted, ensuring efficiency and compliance with your preference for fully remote dispute resolution.
- Guests must file their arbitration claim within 60 days of the incident, as determined by the date of the event or checkout, whichever is later. Failure to file within this period will bar the Guest from pursuing the Dispute, and the claim will be deemed waived.
- The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court with jurisdiction in Texas.
e. Costs
- The party that does not prevail in the arbitration, as determined by the arbitrator, will be liable for all expenses incurred, including but not limited to arbitration filing fees, arbitrator costs, and both parties’ reasonable attorneys’ fees, except as otherwise required by Texas law or the AAA Rules.
- If the arbitrator determines a Guest’s claim is frivolous, false, or malicious, the Guest will be solely responsible for all such costs, regardless of the outcome, and may be liable for additional damages awarded to LOGSTAYS LLC, including a capped $500 fee for LOGSTAYS LLC’s time.
f. Evidence Requirements
- Guests initiating arbitration must submit verifiable evidence (e.g., photos, videos, or written documentation) with their claim, consistent with the pre-dispute resolution process. Failure to provide such evidence will result in the claim being deemed frivolous, subjecting the Guest to full cost liability and potential damages.
g. No Class Actions
- Arbitration will be conducted solely on an individual basis. Neither party may bring a class, collective, or representative action in arbitration or court.
h. Exceptions
- This arbitration clause does not preclude LOGSTAYS LLC from seeking injunctive relief in a court of competent jurisdiction in Texas to prevent irreparable harm (e.g., intellectual property infringement or reputational harm caused by false allegations). Guests are barred from seeking such relief or filing lawsuits, and all Guest Disputes must proceed through the pre-dispute resolution process and arbitration.
i. No Opt-Out
- This arbitration clause is mandatory, and there is no option to opt out.
j. Frivolous or Malicious Claims
- If the arbitrator determines that a Guest’s claim, including allegations against LOGSTAYS LLC, is frivolous, false, or malicious, the Guest will be liable for all arbitration costs, including LOGSTAYS LLC’s legal fees, a capped $500 fee for LOGSTAYS LLC’s time, and any damages awarded to LOGSTAYS LLC.
15. Governing Law and Jurisdiction
- These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles, to ensure maximum enforceability in Texas courts and broad applicability across the United States.
- Subject to the mandatory pre-dispute resolution and arbitration clause, any legal action arising from these Terms, including actions to address false allegations or fraudulent chargebacks, will be brought exclusively in the state or federal courts located in Texas, and you consent to the jurisdiction and venue of such courts. Guests are prohibited from initiating lawsuits under any circumstances.
- Guests acknowledge that local laws outside Texas may vary, and it is their sole responsibility to ensure compliance with state-specific regulations, including those related to transient occupancy. LOGSTAYS LLC bears no liability for such compliance.
16. Termination
- LOGSTAYS LLC may suspend or terminate your access to our Services or Properties at our sole discretion, with or without notice, for any reason, including violation of these Terms, making false or malicious allegations, initiating fraudulent chargebacks, or engaging in conduct that harms LOGSTAYS LLC.
- Upon termination, your right to use our Services or stay in our Properties will cease, but any obligations (e.g., payment, indemnification, or liability for damages) incurred prior to termination will survive.
17. Modifications to Terms
- LOGSTAYS LLC may update these Terms at any time by posting the revised version on our Platform. The updated Terms will be effective as of the “Last Updated” date.
- Your continued use of our Services or Properties after the effective date constitutes your acceptance of the updated Terms.
- If you do not agree with the updated Terms, you must stop using our Services.
18. Force Majeure
- LOGSTAYS LLC is not liable for any failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, wars, government actions, or internet outages.
19. Miscellaneous
- Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and LOGSTAYS LLC regarding our Services and Properties.
- Severability: If any provision of these Terms is found to be invalid or unenforceable under Texas law, the remaining provisions will remain in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. LOGSTAYS LLC may assign these Terms at our discretion.
- Notices: All notices to LOGSTAYS LLC must be sent electronically to support@logstays.com. Notices to Guests shall be sent to their individual email address provided.
20. Contact Information
- If you have questions about these Terms or our Services, please contact us at support@logstays.com.
By using our Services or booking our Properties, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, and you consent to the mandatory pre-dispute resolution process and exclusive resolution of all Disputes through binding, remote arbitration within 30 days, with no lawsuits permitted, as outlined herein.