Guest Terms of Service

These Guest Terms of Service ("Guest Terms") apply whenever you book, pay for, or stay at a Listed Property using the Fairly Platform. They are in addition to the General Terms of Service ("General Terms") and form part of your agreement with Fairly Inc. ("Fairly"). Capitalized terms used but not defined in these Guest Terms have the meaning given in the General Terms. The General Terms and the Privacy Policy are incorporated into these Guest Terms by reference. These Guest Terms may be updated as described in the Changes section of the General Terms; the version in effect when your Reservation is confirmed governs that Reservation.

Please read these Guest Terms carefully. By completing a booking, making a payment, or taking possession of a Listed Property, you are entering into a legally binding contract.

1. Your Rental Contract Is With the Owner; Fairly's Role

1. When you receive a Reservation confirmation from the Fairly Platform or a Channel Listing Partner, a rental contract is formed directly between you (the "Guest") and the Owner of the Listed Property (the "Owner"). These Guest Terms, together with the Listing, the specific property identified in your Reservation, your check-in and check-out dates, rental rates, fees, taxes, the cancellation policy, and any house rules identified in the Listing or during checkout (collectively, your "Reservation Details"), constitute the terms of that rental contract. Your Reservation Details are incorporated into and form the basis of the rental contract between you and the Owner.
2. This direct contractual relationship between you and the Owner applies regardless of the marketing or booking channel used to discover or secure the Reservation, including direct bookings through the Fairly Platform or bookings made through a Channel Listing Partner such as Airbnb or Vrbo.
3. Fairly provides the software platform and technology used to market the Listed Property, facilitate the Reservation, coordinate operations, and process communications and payments. As described more fully in Section 6 of the General Terms: Fairly is not a party to the rental contract between you and the Owner; Fairly does not own, lease, manage, control, or operate any Listed Property; and Fairly is not a real estate broker, travel agency, vacation rental management company, insurer, or hospitality provider. The Owner is responsible for the condition, safety, legality, maintenance, and operation of the Listed Property.
4. Although Fairly is not a party to the rental contract between you and the Owner, you agree that Fairly and its officers, directors, employees, and agents are intended third-party beneficiaries of the Guest obligations in these Guest Terms and may enforce them directly.

2. Bookings, Payments, Cancellations, and Modifications

1. When you book a Listed Property (a "Reservation"), you agree to pay all charges for the Reservation, including the listing price, applicable fees, taxes, and any other items identified during checkout. You authorize the Owner — acting through Fairly's merchant processing partner or the Channel Listing Partner — to charge the payment method provided to pay for the Reservation, and to charge that payment method for amounts you owe in connection with Reservation modifications, damage claims, or other subsequent payments due under the rental contract. All such charges are made on behalf of the Owner; Fairly is not the merchant of record for any Reservation.
2. For most Reservations, including direct bookings on the Fairly Platform and bookings made through Channel Listing Partners such as Vrbo, payments are collected on behalf of the Owner through a merchant account established for the Owner with Fairly's merchant processing partner, in accordance with Fairly's Payment Services Terms, available at fairly.com/payment-services-terms. For Reservations booked through a Channel Listing Partner that processes its own payments (such as Airbnb), payments are processed and held by that partner or its financial services provider in accordance with its terms. Where the Listed Property is located in a state that requires advance payments to be held in a trust or escrow account (see, for example, Section 8 below for North Carolina), advance payments will be received, deposited, and disbursed as required by that state's law.
3. If you booked your Reservation through a Channel Listing Partner, that partner's own terms may also apply. If any provision of the Channel Listing Partner's terms conflicts with these Guest Terms, the Channel Listing Partner's terms control to the extent of the conflict, except that state-law provisions in Section 8 control for properties located in that state to the extent required by law.
4. All cancellations, modifications, and refund requests are governed by the cancellation policy identified in your Reservation Details. If you modify a Reservation, you are responsible for any additional amounts, taxes, or fees associated with the modification. Fairly does not have independent authority to override the cancellation policy applicable to your Reservation, although the Owner may authorize refunds beyond the policy.
5. Fairly can cancel a Reservation on behalf of the Owner if you are unable to provide a valid payment method to process Reservation deposits, modifications, or other payments, or if Fairly reasonably suspects that the Reservation was made fraudulently or that you have otherwise violated the rental contract.

3. Nature of Your Stay

1. Your Reservation grants a short-term, transient occupancy of the Listed Property for vacation, leisure, or recreation purposes only. You represent that you maintain a place of permanent residence elsewhere to which you intend to return. No long-term tenancy, permanent residency, or right of renewal is created by the rental contract, and you acquire no interest in the Listed Property beyond the right to occupy it for the Reservation period in accordance with the rental contract. Where the Listed Property is located in a state with a statute governing vacation rentals (such as the North Carolina Vacation Rental Act), your occupancy is a vacation rental tenancy governed by that statute.
2. The minimum age to rent a Listed Property is twenty-one (21). You represent that you are at least twenty-one (21) and that any guests under this minimum age will be accompanied by someone older than the minimum age throughout the Reservation.
3. Occupancy of the Listed Property is limited to the number of guests identified in your Reservation Details. Exceeding this limit, hosting unauthorized visitors overnight, or holding parties or events not authorized in the Listing constitutes a material breach of the rental contract and is grounds for termination of your stay in accordance with the rental contract and applicable law, without refund except as required by law or the applicable cancellation policy.
4. Check-out is at the time specified in your Reservation Details. Holding over after check-out without authorization is a material breach of the rental contract. The Owner may charge reasonable additional amounts for the holdover period as identified in the Reservation Details or permitted by applicable law, and may pursue any remedies available under applicable law, including, for properties in North Carolina, expedited eviction under the North Carolina Vacation Rental Act (see Section 8).
5. You agree to comply with all house rules identified in your Reservation Details for the entire duration of the Reservation, including any rules regarding noise, quiet hours, pets, parking, smoking, and commercial activities, and to comply with all applicable laws and ordinances during your stay.
6. Your use of the Listed Property is on a temporary basis only. You agree to grant reasonable access to the Owner or the Owner's designee during your stay as necessary to resolve maintenance requests or protect the property, and, where required by law, in emergencies.

4. Guest Responsibilities; Property Damage

1. You are solely responsible for your own acts and omissions and those of anyone you invite to or provide access to the Listed Property during the Reservation.
2. You agree to leave the Listed Property in substantially the same condition as when you arrived, ordinary wear and tear excepted, and to pay all reasonable claims for damage to the property, structures, furnishings, or equipment caused by you or any member of your party during the Reservation, ordinary wear and tear excepted.
3. If a security deposit is collected for your Reservation, it will be identified in your Reservation Details, held as required by applicable law, and applied only to actual damages, unpaid amounts, and other uses permitted by applicable law. No provision of these Guest Terms operates as an automatic forfeiture of a security deposit.
4. During your stay you agree to keep the property reasonably clean and safe, dispose of waste properly, not damage, deface, or remove any part of the property, not disable smoke or carbon monoxide detectors, and promptly notify the Owner (through the Fairly Platform or the contact provided in your Reservation Details) of any needed repairs or unsafe conditions.

5. Assumption of Risk; Disclaimers

1. To the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Listed Property and your use of the Fairly Platform.
2. Except for any warranties or duties that cannot be disclaimed under applicable law, the Listed Property is provided "as-is" and "as available," and neither Fairly nor the Owner makes any warranty, express or implied, regarding internet speeds, utility interruptions, neighborhood conditions, or noise levels. Nothing in these Guest Terms waives, limits, or modifies any non-waivable statutory duty of the Owner, including, for properties in North Carolina, the Owner's duty to provide fit premises under N.C. Gen. Stat. § 42A-31, or any non-waivable statutory right of the Guest.
3. Fairly's disclaimers of warranties, limitations of liability, and your indemnification obligations to Fairly are set forth in the General Terms and apply to your use of the Fairly Platform and Services. Nothing in these Guest Terms expands Fairly's obligations beyond those stated in the General Terms and the Payment Services Terms.

6. Indemnification. In addition to your indemnification obligations under the General Terms, you agree to release, defend, indemnify, and hold harmless the Owner and Fairly (including their respective officers, directors, employees, and agents) from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your breach of the rental contract or these Guest Terms, your violation of applicable law, or the negligent or willful acts or omissions of you or your invitees during the Reservation, except to the extent caused by the negligence or willful misconduct of the indemnified party or otherwise not permitted by applicable law.

7. Disputes. Disputes between you and Fairly are governed by the General Terms, including the arbitration and governing-law provisions there. Disputes between you and the Owner arising from the rental contract are between you and the Owner; for properties located in North Carolina, the rental contract and your occupancy are governed by North Carolina law to the extent it applies, including the North Carolina Vacation Rental Act.

8. State-Specific Provisions: North Carolina

For any Listed Property located in the State of North Carolina, this Section 8 is incorporated into the rental contract between you and the Owner and controls over any conflicting provision of these Guest Terms. In this Section, "Tenant" means you (the Guest), and "Landlord" means the Owner of record of the Listed Property.

NOTICE

THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.

1. Vacation rental agreement. These Guest Terms, together with your Reservation Details, constitute the written vacation rental agreement required by N.C. Gen. Stat. § 42A-10 between the Tenant and the Landlord. Your acceptance is evidenced by your signature, your payment of any monies after receipt of this agreement, or your taking possession of the property after receipt of this agreement.
2. Advance payments; trust account. All advance payments you make prior to occupancy (other than any security deposit) will be deposited in a trust account in a federally insured depository institution or trust institution authorized to do business in North Carolina no later than three banking days after receipt, as required by N.C. Gen. Stat. § 42A-15. Unless otherwise identified in your Reservation Details, these funds are held at Cross River Bank, Member FDIC, 885 Teaneck Road, Teaneck, NJ 07666. Advance payments do not earn interest for the Tenant. Prior to your occupancy, no more than fifty percent (50%) of the total rent will be disbursed to the Landlord, and fees owed to third parties for goods, services, or benefits procured for your benefit (including any administrative or cleaning fees described below) may be disbursed as permitted by N.C. Gen. Stat. § 42A-16. Remaining funds stay in the trust account until the commencement of your tenancy, a material breach by you, a refund to you, or a transfer of the Landlord's interest in the property, as provided by law. Your agreement to advance disbursement does not waive your right to reimbursement of payments to which you are lawfully entitled. Upon your reasonable request prior to occupancy, you will be provided an accounting of your deposit and advance payments.
3. Fees. Any administrative or processing fee (reasonably calculated to cover the costs of processing your reservation, transfer, or cancellation, per N.C. Gen. Stat. § 42A-17(c)) and any cleaning fee (reasonably calculated to cover the costs of cleaning the property upon termination of the tenancy, per N.C. Gen. Stat. § 42A-17(d)) are stated in your Reservation Details, along with all rent, taxes, and other charges.
4. Security deposits. Any security deposit will be held in a trust account and administered under the North Carolina Residential Tenant Security Deposit Act (N.C. Gen. Stat. §§ 42-50 through 42-56) as applied by N.C. Gen. Stat. § 42A-18. A security deposit may be applied only to actual damages and other permitted uses; it is not subject to automatic forfeiture. Security deposit funds will be applied, accounted for, or refunded within forty-five (45) days after the conclusion of the tenancy.
5. Fit premises. If, at the time you are to begin occupancy, the Landlord cannot provide the property in a fit and habitable condition or substitute a reasonably comparable property in such condition, all payments made by you will be refunded, as required by N.C. Gen. Stat. § 42A-17(b). The Landlord will comply with the duties set forth in N.C. Gen. Stat. § 42A-31 (including applicable building and housing codes, fit and habitable condition, safe common areas, working facilities and major appliances, and operable smoke detectors and carbon monoxide alarms), and you agree to comply with the Tenant duties set forth in N.C. Gen. Stat. § 42A-32. These statutory duties are not waived by any other provision of these Guest Terms.
6. Expedited eviction. If your tenancy is for 30 days or less, you may be evicted and removed from the property in an expedited eviction proceeding under N.C. Gen. Stat. §§ 42A-23 and 42A-24 if you (i) hold over possession after your tenancy has expired, (ii) commit a material breach of this agreement that, according to its terms, results in the termination of your tenancy (including exceeding maximum occupancy or holding unauthorized parties or events), (iii) fail to pay rent as required by this agreement, or (iv) obtained possession of the property by fraud or misrepresentation.
7. Transfer of the property. If the Landlord voluntarily transfers the property, your rights are governed by N.C. Gen. Stat. § 42A-19: if your vacation rental ends not later than 180 days after the grantee's interest is recorded, the grantee takes title subject to this agreement and must honor it; if your rental ends more than 180 days after recording, you have no right to enforce this agreement unless the grantee agrees in writing to honor it, but you are entitled to a refund of payments made by you. You will be notified in writing of any such transfer as required by law. Upon termination of the Landlord's interest in the property, advance rent and remaining fees will be transferred or refunded as required by N.C. Gen. Stat. § 42A-19(b).
8. Mandatory evacuations. If State or local authorities order a mandatory evacuation of an area that includes the property, you must comply with the evacuation order. Upon compliance, you will be entitled to a refund of the rent, taxes, and any other payments made by you as a condition of your right to occupy the property, prorated for each night you are unable to occupy the property because of the mandatory evacuation order. You will not be entitled to a refund if (i) prior to taking possession of the property, you refused insurance offered by or on behalf of the Landlord that would have compensated you for losses or damages resulting from loss of use of the property due to a mandatory evacuation order, or (ii) you purchased such insurance. This provision implements N.C. Gen. Stat. § 42A-36.
9. Military personnel. If you are a member of the Armed Forces of the United States (or the spouse of a member) who receives qualifying deployment or permanent change of station orders, you may terminate this agreement as provided in N.C. Gen. Stat. § 42A-37, and amounts paid by you will be refunded as required by that section. This right may not be waived.
10. Conflicts. If any provision of these Guest Terms, the General Terms, or a Channel Listing Partner's terms conflicts with the North Carolina Vacation Rental Act or this Section 8 with respect to a property located in North Carolina, the Act and this Section 8 control.

9. General

1. If any provision of these Guest Terms is held invalid or unenforceable, that provision will be struck or limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
2. These Guest Terms, together with your Reservation Details, the General Terms, the Payment Services Terms (for direct bookings), and the Privacy Policy, constitute the entire agreement regarding your Reservation and stay, and supersede any prior oral or written agreements regarding the same subject matter. In the event of a conflict, the order of precedence in Section 6 of the General Terms applies, except as provided in Section 8.10 above.

‍