Guest Accommodation Agreement
Last updated on April 6, 2021
Capitalized terms used but not otherwise defined herein shall have the meanings provided to such terms in the Guest Accommodation Agreement signed by the Guest in consideration for their accommodation in a Kasa.
ABSOLUTELY NO SMOKING
We prohibit smoking of any kind. This includes but is not limited to tobacco, marijuana, e-cigarettes, vape pens, and hookahs. This applies to any part of the Property (including hallways, lounges, rooftops, fitness centers, and all amenity areas), any part of your reserved Kasa apartment (including the balcony or patio), and within 30 feet of any public entrance. The Company may operate marijuana and tobacco sensors in order to help enforce this rule.
The registered Guest must be 21 years of age or older, unless otherwise permitted by the booking channel through which the reservation is made. Proof of identity and age is required for check-in.
ARRIVAL / EARLY ARRIVAL
The arrival time is 3:00 p.m. on the first day of your reservation. An earlier arrival may be allowed subject to availability.
DEPARTURE / LATE DEPARTURE
The departure time is 11:00 a.m. on the last day of your reservation. We reserve the right to charge late fees for departures after 11:00 a.m. A later departure may be allowed subject to availability.
To protect against identity theft and fraud, and for the safety of other Guests and neighbors in the community, we ask that the Guest completing the Kasa reservation provide a scanned or photographed copy of their valid, government-issued photo ID (passport or state driver’s license), with the Guest’s face, address, date of birth and photo clearly visible and in focus. Through our virtual front desk, we provide you with a safe, secure method to upload your ID electronically. The reservation billing information must match the information on the government-issued ID of the Guest making the reservation. We reserve the right to refuse service to individuals who do not furnish this information. In the event that a Guest refuses to provide their valid, government-issued ID after making a reservation, the Guest’s reservation will be cancelled in accordance with the section titled “Cancellation” below.
We expect that you, the Guest identified above, will stay at the Kasa during the entire reservation. Anyone else who stays at or visits the Kasa during your reservation shall be deemed a “Visitor” hereunder.
If you are located outside the United Kingdom and European Union, we may, but are not obligated to, obtain background reports from consumer reporting agencies or otherwise review publicly available information about you, including sexual offender registration lists or databases compiling information about criminal convictions. By making a reservation with us, you authorize us to use your personal information (including name, address, date of birth, or other identifying information) to obtain these reports, and agree that we may, in our sole discretion, suspend, cancel, block, restrict or terminate your access to our services or reservations made or contemplated, based on our evaluation of such reports.
RIGHT TO REFUSE SERVICE
The Company may refuse service to, or remove from a Kasa, any individual for any reason(s) that does not violate federal or state laws. Reasons for refusing service to, or removing, a Guest or any other individual include, but are not limited to: refusal or failure to pay for accommodations; being under the influence of alcohol, drugs, or any other intoxicating substance such that the individual is disturbing the peace; seeking to use the Kasa for an unlawful purpose; seeking to bring into the Kasa an unlawfully-possessed firearm or any item, including an explosive or hazardous or toxic substance, that is unlawful to possess and that may be dangerous to other persons; destroying, damaging, or defacing the Property or threatening harm to the Property, other guests, or residents of the Property; causing or permitting persons to exceed the maximum allowable occupancy of the Kasa; or refusing to abide by the reasonable standards or policies established by the Company, including, without limitation, the Kasa Stay Rules.
The Guest may not disturb the quiet enjoyment of any other Guest of the Company, resident of the Property, or surrounding neighbors. At all times, the Guest shall refrain from making loud noises and excessive television and/or radio volume that may disturb others. The Guest shall observe quiet hours from 9:00 p.m. to 8:00 a.m. Parties and large gatherings are prohibited.
Kasa apartments are proactively monitored for compliance with this noise policy. Decibel sensors notify the Company of sounds in the Kasa that exceed 75 decibels (dB). You hereby consent to the use of sound level monitoring. In the event that the Company receives a noise complaint from a community member and/or receives a notification that the noise level in the Kasa has exceeded 75dB, the Company will contact the Guest and issue a first warning to reduce the noise level. If, after the first warning, Company subsequently receives an additional noise complaint and/or notification that the noise level in the Kasa has exceeded 75dB, the Company reserves the right, in its sole discretion, to charge the Guest a penalty of $500 and/or remove the Guest from the Property without a refund.
Visitors must be accompanied by the Guest at all times. The Guest must obtain the Company’s express permission for Visitor use of Property amenities (including the pool, gym, and business center). The Guest is responsible for the actions of all Visitors.
CANCELLATION AND REFUND POLICY
If you reserve the Kasa through the Company website, you must pay the nightly fee(s), cleaning fee, and taxes (the “Reservation Fees”) at the time of booking. If you reserve the Kasa through a third party (each, a “Booking Channel”), we will charge your card in accordance with the terms and conditions of the Booking Channel used to make the reservation.
After the reservation is made, and in addition to charging your card for the Reservation Fees, we may pre-authorize your credit card for an amount up to $500 as a security deposit (“Deposit”) for your stay. Once you have departed the Kasa, the pre-authorization Deposit will be lifted, unless damages were assessed on the Property as a result of your stay. While it can take anywhere from 1 to 20 days for the pre-authorization Deposit to be lifted by your bank, it typically takes fewer than 5 days.
If you reserve the Kasa directly through the Company website and your reservation is under 28 nights long, you may cancel your reservation up to 6 days prior to the Arrival Date, and, within 20 days of the cancellation, the Company will refund the full Reservation Fee back to the payment method used at the time of booking. Reservations cancelled 5 or fewer days prior to the Arrival Date are non-refundable.
If you reserve the Kasa directly through the Company website and your reservation is 28 or more nights long, the following policies apply:
Cancellation prior to check-in date: The first 30 days of your reservation are non-refundable. The remainder of the reservation is fully refundable. The refundable portion of the Reservation Fee will be returned to the payment method used at the time of booking within 20 days of cancellation.
Cancellation after check-in date: All days of your reservation prior to and including the day of cancellation are nonrefundable. In addition, the first 30 days of your reservation subsequent to your cancellation are nonrefundable. The remainder of the reservation is fully refundable. The refundable portion of the Reservation Fee will be returned to the payment method used at the time of booking within 20 days of cancellation.
If you reserve the Kasa through a Booking Channel, the Company strictly adheres to the cancellation policy posted on the Booking Channel used to make the reservation. No exceptions to the posted cancellation policy will be made for unforeseen circumstances, including but not limited to weather, personal emergencies, or schedule changes.
NO SHOW CHARGES
Your reserved Kasa will be held for you until 3:00 pm the day following the Arrival Date. If you do not check in by that time and have not otherwise notified the Company that your arrival will be delayed, your reservation will be considered a “No Show” and will be cancelled. You will forfeit all payments made to the Company related to the reservation and will not be entitled to a refund.
If you are aware that your arrival will be delayed past 3:00 pm the day following the Arrival Date, please contact us as soon as possible to avoid your reservation being deemed a No Show.
ACCESS TO APARTMENTS
You acknowledge that your reservation of the Kasa does not confer exclusive possession or exclusive access to the Kasa. We retain the right to access and enter the Kasa at any time as needed, however, we will attempt to notify you before entering the Kasa as a courtesy to you except in the event of an emergency. If called upon, law enforcement will be granted immediate access.
LOST & FOUND POLICY
The Company assumes no liability for lost, misplaced, stolen, or damaged belongings, including any belongings which are left in the Kasa after your departure time has passed. If you discover that you have left something, please contact our team immediately and we will do our best to retrieve it for you. However, you will be responsible for any shipping and personnel charges associated with the return of your belongings.
The following policy does not apply to service animals. Please see the “Service Animal Policy” section of this Agreement for the Company’s policies on service animals. The Company happily welcomes pets at many of our properties, but is unable to accommodate them at others. To determine if pets are allowed at a specific Kasa property, please visit the property’s individual booking page.
If a Kasa property allows pets, the following restrictions apply:
The Company is unable to accommodate pets other than cats and dogs.
The Company is unable to accommodate Pit Bulls, German Shepherds, Chow Chows, Boxers, Rottweilers, Bull Mastiffs, Presa Canarios, American Bulldogs, wolf hybrids, Huskies, Malamutes, Dobermans, St. Bernards, Great Danes, Akitas, Staffordshire Terriers, or any hybrid or mixed breed of the aforementioned breeds at any of our properties.
Only one pet may stay in a Kasa.
The Company is also unable to accommodate any pets who have ever behaved violently or aggressively towards a person or another pet.
You must never leave your pet unattended in the Kasa.
You must keep your pet on a leash or in a carrier in the common areas of the property.
You must keep your pet off of all furniture in the Kasa and common areas.
Your pet must be up to date with all licensing and vaccination requirements of the state and local jurisdiction where you permanently reside.
You must furnish copies of your pet's current licensing and vaccination records should the Company request documentation thereof.
You must in all cases notify the Company that you will be bringing a pet as part of your reservation, and confirm that you are following all pet-related rules and fees as described on the Booking Channel and the Company website.
Service animals may accompany our guests to any Kasa property, under the following conditions:
The Company is unable to accommodate any service animals who have ever behaved violently or aggressively towards a person or another pet.
Your service animal must be up to date with all licensing* and vaccination requirements of the state and local jurisdiction where the guest permanently resides.
You must furnish copies of your service animal’s current licensing* and vaccination records should the Company request documentation thereof.
You must never leave your service animal unattended in the Kasa.
You must in all cases notify the Company that you will be bringing a service animal as part of your reservation, and confirm that you are following all service animal related rules as described on the Booking Channel and the Company website.
*Please note that Kasa does NOT request information or documentation concerning the licensing and/or certification of your animals as qualified service animals. The terms “licensed” and “licensing” as used above refer only to the basic licensing and registration of an animal’s ownership that is typically required in most states and local jurisdictions.
EMOTIONAL SUPPORT ANIMALS
Emotional support animals may accompany our guests to any Kasa property, under the following conditions:
The Company is unable to accommodate any emotional support animals who have ever behaved violently or aggressively towards a person or another pet.
Your emotional support animal must be up to date with all licensing and vaccination requirements of the state and local jurisdiction where you permanently reside.
You must furnish copies of your emotional support animal’s current licensing and vaccination records should the Company request documentation thereof.
If requested, you must provide documentation from a physician, psychiatrist, social worker or other mental health professional which demonstrates that the emotional support animal in question provides you (or another guest under the reservation) with emotional support that alleviates one or more of the identified symptoms or effects of an existing disability.
You must never leave your emotional support animal unattended in the Kasa.
You must in all cases notify the Company that you will be bringing an emotional support animal as part of your reservation, and confirm that you are following all emotional support animal related rules as described on the Booking Channel and the Company website.
Children of all ages are welcome. Guests are responsible for the actions of all minors who accompany them in the Kasa and on the premises. Children who are 12 years of age or younger are prohibited from entering the amenity areas (including the pool, gym, and rooftops) unless under the immediate supervision of an adult who is 18 years of age or older.
Room occupancy limits are determined by the fire code and fire safety restrictions, as well as any local statutes or ordinances. Guests are required to comply with maximum occupancy limits. Please refer to your Booking Channel or the Company website for the maximum occupancy of the Kasa you have reserved.
APARTMENT KEYS / ACCESS CODES
Access codes are issued to the registered Guest on the day of arrival. No access codes will be issued to anyone under 18 years of age at any time.
RECEIVING MAIL AND PACKAGES
The Company cannot accept any package or mail deliveries sent to the Kasa. Instead, we recommend that you have your mail or package shipped to a nearby UPS store, FedEx store or Amazon Lockers.
PARKING PASSES / AMENITY KEYS / POOL WRISTBANDS
The Kasa you have reserved may include parking passes, amenity keys, and/or pool wristbands, among other items that are provided to ensure full access to the Property and its facilities. Failure to return these items at the time of your departure will result in a fee of $250 for each unreturned item.
All Kasa apartments are cleaned prior to each new Guest’s arrival. The Company does not provide nightly housekeeping. You may schedule an additional cleaning for the fee listed on the Booking Channel or specified by the Company for each cleaning.
If the Company determines that you have brought any infestation into the Kasa or onto the Property, the Company reserves the right to charge you for any and all costs and expenses, including immediate or urgent response requirements and loss of room revenue, that the Company deems necessary to address the infestation.
Trash bins and trash bags are provided in each Kasa. Trash must be discarded by The Guest prior to departure from the Kasa. Directions to the nearest trash area are provided in the Virtual Front Desk. Failure to discard all trash may result in a fine of $25 per occurrence.
POOL AND AMENITY AREAS
No lifeguard is on duty in the pool areas. Guest use of all amenities, including the pool and hot tub areas, is at their own risk. The Company is not responsible for any amenities or services that are closed, out of service, or cannot be used for any reason, and no refunds will be made.
Guests of legal drinking age who bring alcoholic beverages onto the Property must not consume such beverages outside of their reserved Kasa. Alcoholic beverages are prohibited in amenity areas, including, but not limited to, the pool, fitness center, rooftop, and lobby.
FIREARMS AND WEAPONS
For the safety of our Guests and the community, Guests are not permitted to carry firearms or weapons in the Kasa or on the Property.
In the case of an emergency, call 911 immediately. Please notify our team so we are aware and can be of assistance.
WiFi is free for Guests. While the Company makes its best effort to provide interruption-free, high-quality Internet access, the Company assumes no liability in the event that Internet access becomes unavailable. Guests are prohibited from using WiFi for any illegal activity, including, but not limited to, violating the Digital Millennium Copyright Act. The Company assumes no liability for Guest use of the Internet.
PARKING AT OWN RISK
All vehicles parked on the premises must be registered with the Company prior to the Guest’s arrival. Parking may be subject to a nightly fee. Vehicles are parked at the risk of the owner. The Company shall not assume liability or responsibility for any vehicle, occupants, or contents while operated or parked on the property. If the Guest leaves a vehicle in the parking area after departure without obtaining the written consent of the Company, the Company reserves the right to have the vehicle towed at the owner’s expense.
DAMAGE AND/OR THEFT OF PROPERTY
Guests are liable for any damage and/or theft at the Kasa or Property caused by the Guest, their Visitors, or other persons present in the Kasa during the Guest’s stay. This includes damage to rooms, fixtures, furnishings and equipment (such as towels, artwork, electronics, and kitchen equipment). The Company reserves the right to retain the Guest’s payment method details and charge the payment method the full amount that it shall, in its sole discretion, deem necessary to compensate or make good the cost or expenses incurred or suffered by the Company as a result of the damage and/or theft. Charges may include, but are not limited to: repair costs for all property damage; replacement costs for missing or damaged items; smoking fees; and cleaning fees. The Company will make reasonable efforts to mitigate the costs of repairing the damage. In the event that the Kasa or Property becomes un-rentable through any action of the Guest, the Company reserves the right to charge the Guest the nightly rate as advertised on the Booking Channel where the reservation was made until the Kasa may be returned to a rentable condition, in addition to charges for any damage caused by the Guest and/or their Visitors.
CHANGES OR MODIFICATIONS TO KASA STAY RULES
The Company may modify or amend any of the Kasa Stay Rules in writing at any time without prior notice. Any written modification or amendment of the Kasa Stay Rules that occurs prior to your departure is hereby deemed incorporated into the Agreement governing the reservation. Guests should check our website regularly for updates to the Kasa Stay Rules.
USE OF PREMISES
The Kasa and Property amenity areas shall not be used for any unlawful or illegal purpose. No nails, screws, or other items may be driven into any portion of the Kasa. The Guest shall use the Kasa for residential purposes only. The Guest shall not conduct any commercial, industrial, or retail activity in the Kasa.
REMOVAL FROM THE PREMISES
THE GUEST AGREES THAT THE COMPANY OR OTHER LAWFUL AUTHORITY MAY REMOVE THE GUEST OR ANY VISITORS, WITHOUT NOTICE, FOR ANY REASONS SUCH AS, BUT NOT LIMITED TO: FAILURE TO LEAVE THE KASA AT THE DESIGNATED DEPARTURE DATE AND TIME (UNLESS EXTENDED ACCORDING TO THE TERMS OF THE KASA STAY RULES AND AUTHORIZED IN ADVANCE BY THE COMPANY); NONPAYMENT OF RESERVATION FEES OR OTHER CHARGES; VIOLATION OF ANY RULE IN THE KASA STAY RULES; VIOLATION OF ANY RULES OF THE HOUSING DEVELOPMENT, CONDOMINIUM ASSOCIATION, OR APARTMENT COMPLEX IN WHICH THE KASA IS LOCATED; ANY UNLAWFUL ACT OF THE GUEST OR VISITORS. THE GUEST AGREES TO HOLD THE COMPANY HARMLESS FOR ANY INCIDENT NECESSITATING THE REMOVAL OF GUEST OR VISITORS FROM THE PROPERTY.
THIS AGREEMENT, WHETHER IN WHOLE OR PART, IS NOT A LEASE OR RESIDENTIAL TENANCY AGREEMENT, AND DOES NOT CONVEY OR OTHERWISE TRANSFER OR PROVIDE ANY PROPERTY, LEGAL, OR BENEFICIAL RIGHTS OR INTEREST IN REAL ESTATE TO YOU. YOU ARE NOT A TENANT OF, AND HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF, THE KASA OR PROPERTY. YOU AGREE THAT THE KASA IS NOT YOUR PERMANENT RESIDENCE.
Any dispute arising out of or related to this Agreement, including, but not limited to, disputes arising out of your stay at the Kasa, will be submitted for and resolved by binding arbitration before the American Arbitration Association (AAA). The Company shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in San Francisco, California and in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You and the Company waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You and the Company waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in this Agreement, as a court would.
In reaching his or her decision, the arbitrator shall follow this Agreement, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.
Confidential. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.
Limitations Period. Any and all claims and actions arising out of or relating to the Agreement shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
Class Action Waiver. You agree that you will not file a class action against the Company or participate in a class action against the Company. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against the Company.
GOVERNING LAW AND VENUE
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in this Agreement may be filed only in the state or federal courts located in the State of California, United States. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, TORT (INCLUDING CLAIMS OF NEGLIGENCE, PERSONAL OR BODILY INJURY), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE KASA, THE COMPANY’S SERVICES, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE KASA, THE COMPANY’S SERVICES, OR PROPERTIES.
IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKING KASAS IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WAIVER AND SEVERABILITY
It is the intent of the parties that the provisions of this Agreement shall be enforced to the fullest extent permissible under applicable law. All provisions of this Agreement are intended to be severable. In the event any provision contained herein is held to be invalid or unenforceable in any respect, in whole or in part, such finding shall in no way affect (i) the application of such provision to other persons or circumstances, (ii) the validity or enforceability of such provision, or the application of such provision, in any other jurisdiction, or (iii) the validity or enforceability of any other provision of this Agreement.
The parties further agree that any such invalid or unenforceable provision shall be deemed modified so that it shall be enforced to the greatest extent permissible under applicable law, and to the extent that any court of competent jurisdiction determines any provisions herein to be unenforceable in any respect, such court may limit this Agreement to render it enforceable in the light of the circumstances in which it was entered into and specifically enforce this Agreement to the fullest extent permissible.
The Company reserves the right to move you to a comparable property should circumstances beyond the control of the Company arise.
It is understood and agreed that by signing this Agreement and/or making payment as requested, you shall have acknowledged and consented to all terms and conditions of the Kasa Stay Rules, on behalf of yourself and those in your party.