Terms of Service & Guest Agreement

Effective: May 5, 2026 | Version 2.0 · Property: The West End Flats, 515 8th Street SW, Roanoke, VA 24016 · Operator: Rent4Vacay LLC

1. Acceptance of these Terms

These Terms of Service (the "Agreement") form a binding contract between you ("Guest," "you," or "your") and Rent4Vacay LLC d/b/a The West End Flats ("Operator," "we," "us," or "our"). By making a reservation, completing the online check-in form, electronically signing the Guest Acknowledgement, paying any deposit, or accessing the Property, you confirm that you (a) are at least 18 years old, (b) have read this Agreement in full, (c) have the legal capacity to enter into a binding contract, and (d) agree to it on your own behalf.

This Agreement incorporates by reference our Privacy Policy, our House Rules, and the property-specific information emailed with your reservation. If any conflict exists between this Agreement and (i) the terms of a third-party booking platform you used (Airbnb, VRBO, Booking.com, or Expedia), the platform's terms govern as to that reservation; (ii) the House Rules, this Agreement governs.

2. Definitions

• "Reservation" means your booking made through our website, by phone, or through a third-party booking channel.
• "Stay" means the period from check-in until check-out specified in the Reservation, plus any time you remain on the Property.
• "Booking Channel" means the platform through which the Reservation was made (e.g., direct, Airbnb, VRBO).
• "Authorized Occupant" means a person listed on the Reservation, identified at check-in, and (if 18+) who has electronically signed the Guest Acknowledgement.
• "Property" means the building, the unit, fixtures, furnishings, equipment, common areas, and grounds.
• "Damage" means the reasonable cost to repair, replace, or restore Property to its pre-Stay condition, plus reasonably documented lost rental income from rooms or units rendered unrentable while repairs are completed.
• "AAA" means the American Arbitration Association.
• "FAA" means the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
• "VCPA" means the Virginia Consumer Protection Act, Va. Code §§ 59.1-196 to 59.1-207.

3. Eligibility, Identification & Transient-Lodging Acknowledgment

3.1 Minimum Age and ID

The primary Guest must be at least 18 years of age and must present a valid government-issued photo ID at or before check-in. Guests under 18 may stay only when accompanied by a parent or legal guardian who is the primary Guest.

3.2 Capacity

By booking, you represent that you have the authority to enter into this Agreement, that you are not under the influence of alcohol or controlled substances at the time of acceptance, and that you are not booking for any unlawful purpose.

3.3 Identity Verification

You authorize us to verify your identity using the photo ID you provide, the credit card on file, third-party verification services, and the check-in form. We may cancel any Reservation if identity verification fails; in that case we will refund pre-paid Stay charges, less any non-refundable amounts disclosed at booking.

3.4 Transient Lodging Acknowledgment

You acknowledge that your Stay is transient lodging within the meaning of Va. Code §§ 35.1-1 and 55.1-1201(D); that you do not occupy the Property as a primary residence; that no Stay shall exceed twenty-eight (28) consecutive nights without written approval from Operator; and that the Virginia Residential Landlord and Tenant Act does not apply to your Stay. Operator reserves all rights of self-help eviction permitted under Va. Code § 55.1-1201(D).

3.5 Each Adult Guest Signs Separately

Before access codes are issued, every Authorized Occupant who is 18 or older must individually accept this Agreement by completing and electronically signing the Guest Acknowledgement (capturing name, ID, IP address, and timestamp). Each Authorized Occupant who signs is independently bound by this Agreement. The primary Guest agrees to inform every accompanying person, including any minor, of the House Rules and the safety provisions of this Agreement before they enter the Property. For minors accompanying the primary Guest, the primary Guest, as parent or legal guardian, agrees to be responsible for the minor's compliance with the House Rules and to indemnify Operator for any property damage or contractual liability caused by the minor. Nothing in this Agreement waives, limits, or releases any personal-injury claim a minor may have, and no such waiver is intended.

4. Reservations

4.1 Required at Booking

• A valid government-issued photo ID;
• A valid credit card in the name of the primary Guest;
• A working email and phone number;
• Acceptance of this Agreement (captured at booking and re-confirmed at check-in).

4.2 Pre-Authorization (Authorization Hold)

Consistent with Visa, Mastercard, and American Express rules for the "lodging" merchant category, we may place a pre-authorization hold on the credit card on file for the full Reservation amount, the security deposit, and reasonably anticipated incidentals at any time before, during, or up to thirty (30) days after the Stay. A pre-authorization hold is not a charge; it temporarily reduces your available credit. Released holds may take 5–10 business days to disappear depending on your card issuer.

4.3 Confirmation

A Reservation is confirmed only when (a) full payment or required deposit has been received, (b) we send an email confirmation, and (c) identity verification succeeds.

4.4 Third-Party Booking Channels

Reservations made through Airbnb, VRBO, Booking.com, Expedia, or another booking channel are also subject to that channel's terms (including its cancellation, payments, and dispute-resolution policies). Where the channel's terms conflict with this Agreement, the channel's terms govern that Reservation. Otherwise, this Agreement applies in full to every Stay.

5. Payment, Fees & Express Charge Authorization

5.1 All-In Pricing

Consistent with the Federal Trade Commission Rule on Unfair or Deceptive Fees (16 C.F.R. Part 464, effective May 12, 2025), the "Total Price" shown at checkout includes all mandatory fees other than government taxes (which are separately itemized). Optional add-ons (such as pet fees, late checkout, or any optional cancellation upgrade) are clearly identified as optional and are not pre-selected.

5.2 Charges You Authorize

You expressly authorize Operator and our payment processor (Stripe / Rent4Vacay LLC) to charge the credit card on file, without further authorization, for:

• (a) the Total Price (Reservation amount, mandatory fees, and applicable taxes);
• (b) any pre-authorization hold or refundable security deposit (currently $200; subject to change at our discretion based on group size, length of Stay, or risk);
• (c) optional incidentals you select (premium amenities, parking, late checkout, early check-in, pet fee, etc.);
• (d) Damages assessed under § 11 (subject to the 72-hour notice in § 5.4);
• (e) liquidated damages set forth in § 13 (subject to the 72-hour notice except for amounts disclosed in advance);
• (f) excessive cleaning under § 11.5;
• (g) reasonably documented lost rental income from rooms or units rendered unrentable by Damages, capped at three (3) nights or 50% of the next 30 days' confirmed bookings, whichever is less;
• (h) the chargeback-recovery liquidated amount under § 19 if you initiate a chargeback in breach of this Agreement; and
• (i) any other amount expressly disclosed in this Agreement.

5.3 Statement Descriptors

Charges may appear on your statement under any of: "WEF Roanoke," "Rent4Vacay," "The West End Flats," "WEF Reservations," or "WEF Damages." All charges are itemized in receipts emailed to you.

5.4 Notice Before Damage and Liquidated-Damage Charges

Before charging you for Damages or liquidated damages under § 13, we will (a) send an itemized invoice with photo or video evidence to the email on file, and (b) allow seventy-two (72) hours for you to respond. Charges expressly disclosed in advance — room rate, taxes, mandatory fees, the cleaning fee, the pet fee, late-checkout fee, early-check-in fee, no-show penalty, and additional-occupant fee — may be charged immediately.

5.5 No-Show

A no-show Reservation (no arrival and no timely cancellation) is charged the full Reservation amount.

5.6 Failed Payments

If a charge cannot be processed (insufficient funds, expired card, declined transaction), we may, in addition to any other remedy: (a) refuse check-in or terminate the Stay; (b) re-attempt the charge; (c) charge a different card on file; (d) offset against any deposit; or (e) refer the unpaid balance to collections. Reasonable collection costs and attorneys' fees are recoverable to the fullest extent permitted by law.

5.7 Currency

All amounts are in U.S. dollars.

6. Cancellation, Modification & Refund Policy

6.1 Direct Bookings — Two Tiers (Choose at Checkout)

For direct-website bookings, Guest selects one of two clearly priced cancellation tiers at checkout:

• Strict (lower price): non-refundable. Cancellations and no-shows forfeit the full Reservation amount.
• Flexible (higher price): cancel up to seven (7) days before scheduled check-in for a full refund of the Stay total. Cancellations less than seven days before check-in, no-shows, and early departures are non-refundable.

Both tiers are presented side-by-side at checkout. Neither is pre-selected. Pricing and tier selection are confirmed in your booking confirmation email.

6.2 Re-Booking Goodwill Refund

If you cancel a Strict-tier Reservation and we successfully re-book the cancelled nights at the same or higher rate, we will refund the re-booked nights as a goodwill gesture, less the greater of $25 or 5% of the re-booked amount as a processing fee.

6.3 Third-Party Channel Bookings

Bookings made through Airbnb, VRBO, Booking.com, or Expedia are governed by that channel's cancellation policy. Refund requests for such Reservations must be processed through that channel.

6.4 Modifications

Date, length-of-stay, and unit-change requests are subject to availability and may incur a re-booking fee. We may decline modifications that violate minimum-stay rules or conflict with other Reservations.

6.5 Early Departures

If you check out before your scheduled checkout date, you remain liable for the full Reservation amount. No refund is owed for unused nights.

6.6 Refund Processing

Approved refunds are processed within thirty (30) business days to the original payment method.

6.7 Force-Majeure Cancellations

See § 16. In a force-majeure cancellation by Operator, we will refund pre-paid Stay charges, less any non-refundable amounts disclosed at booking. We are not liable for the cost of alternative lodging, transportation, meals, or other consequential damages.

7. Check-In, Check-Out & Property Access

7.1 Check-In

Standard check-in is 3:00 p.m. Eastern Time. Early check-in is subject to availability ($25 if available).

7.2 Online Check-In Form

Before access codes issue, the primary Guest must complete the online check-in form: photo ID, full names of all Authorized Occupants 18+, this Agreement and Guest Acknowledgement signed by each adult, an emergency contact, and any disclosures required by law. Failure to complete the form by 1:00 p.m. ET on the day of check-in may delay access; failure to complete it by 8:00 p.m. ET on the day of check-in may result in cancellation, with refund determined by your selected cancellation tier.

7.3 Door Codes

Access codes issue via SMS and email at or before 3:00 p.m. on the day of check-in. Codes are personal to your Reservation and may not be shared with anyone not listed as an Authorized Occupant. Sharing the code is grounds for immediate termination of the Stay (without refund) and a $250 security violation fee under § 13.4.

7.4 Check-Out

Standard check-out is 11:00 a.m. Eastern Time. Late check-out is subject to availability ($25 if available). Failure to vacate by 11:00 a.m. without an approved late check-out is a holdover, charged at the published nightly rate plus a $50-per-hour holdover charge until the Property is vacated.

7.5 Right to Refuse Service / Self-Help Eviction

Operator reserves the right, at its sole discretion, to refuse service, refuse check-in, terminate the Stay, and exercise self-help eviction permitted under Va. Code § 55.1-1201(D) if (a) any provision of this Agreement is breached, (b) identity verification fails, (c) the Guest's behavior is disruptive, threatening, intoxicated, or unlawful, (d) the Guest refuses to provide a valid credit card or government-issued ID, (e) the Guest exceeds the occupancy limit, or (f) any other reasonable basis. In any such case, no refund is owed for unused nights.

8. House Rules & Conduct

8.1 Compliance

You and every member of your party must comply with all federal, state, and local laws, all applicable HOA rules, all property-specific rules emailed with your Reservation or posted at the Property, and all reasonable directives from on-site management.

8.2 Quiet Hours

Quiet hours are 10:00 p.m. to 8:00 a.m. Excessive noise that draws complaints — at any hour — may result in eviction under § 7.5.

8.3 No Parties or Events

The Property is leased for transient lodging only. Parties, gatherings exceeding the Reservation's maximum occupancy, commercial activity (including filming, photography, weddings, receptions, or business meetings exceeding occupancy), and any event that disturbs neighbors are prohibited. Violation results in immediate termination of the Stay (without refund), eviction under § 7.5, and the $1,000 liquidated amount under § 13.2.

8.4 Maximum Occupancy

Occupancy is strictly limited to the number of Guests listed on the Reservation and approved at check-in. Unauthorized additional occupants incur a $100 per person per night charge and may result in eviction under § 7.5.

9. Smoking, Vaping, Drugs & Firearms

9.1 No Smoking or Vaping

Smoking, vaping, e-cigarette use, hookah, marijuana, cannabis, and any other combustion or vapor-producing inhalation are prohibited inside the unit, on patios immediately adjacent to the unit, and in all common interior spaces. We use combination smoke, vape, and cannabis sensors (no audio recording). A violation triggers the $500 liquidated amount under § 13.1, plus reimbursement at cost for ozone treatment or any extended remediation that exceeds the liquidated amount.

9.2 Drugs

The use, possession, manufacture, or sale of any controlled substance not legally prescribed to the Guest in possession is prohibited and may result in immediate termination of the Stay, eviction, and notification of law enforcement.

9.3 Firearms

Firearms and other weapons are prohibited on the Property. Pursuant to Va. Code § 18.2-308.01(C), this prohibition is enforceable against concealed-handgun-permit holders. Refusal to remove a firearm or to leave the Property after notice constitutes trespass under Va. Code § 18.2-119 and is a material breach permitting termination of the Stay and self-help eviction under § 7.5.

10. Service Animals, ESAs & Pets

10.1 Service Animals (ADA)

Service animals as defined by the Americans with Disabilities Act (28 C.F.R. § 36.302) are welcome at no additional charge. Operator may ask only the two ADA-permitted questions: (a) is the animal required because of a disability, and (b) what work or task has the animal been trained to perform.

10.2 Emotional Support Animals

Emotional support animals are not service animals under the ADA. For Reservations made through Airbnb or another channel whose terms require acceptance of ESAs, we comply with the channel's policy. For direct-website Reservations, ESAs are subject to the standard pet policy.

10.3 Pets

Pets are permitted with prior written approval and a $100 non-refundable pet fee per Stay. Approved pets must be (a) house-trained, (b) attended at all times when not crated, (c) non-aggressive, and (d) consistent with HOA pet rules. Pet damage is charged at actual repair or replacement cost, plus reasonably documented lost rental income capped per § 5.2(g).

10.4 Unauthorized Pets

An unauthorized pet triggers the $250 liquidated amount under § 13.3, plus the standard pet fee, plus any documented Damage.

10.5 Animal Liability

You are fully responsible for damage, injury, or claims caused by your animal. You agree to indemnify Operator for any third-party claim arising from your animal.

11. Property Damage — Assessment & Charges

11.1 Liability

You are liable for Damage to the unit, the building, common areas, fixtures, furnishings, equipment, and any item belonging to Operator or to other Guests, that is caused by you, any member of your party, or any invitee.

11.2 Assessment

Operator, contractors, or property managers will assess Damage within seven (7) calendar days of check-out, except for hidden Damage requiring deeper inspection (water, HVAC, electrical), which may be assessed up to thirty (30) calendar days post-Stay.

11.3 What Damage Charges May Include

Damage charges may include: (a) actual repair or replacement cost using market-rate vendors; (b) labor at standard rates; (c) reasonably documented lost rental income from any unit rendered unrentable, capped at three (3) nights or 50% of the next 30 days' confirmed bookings, whichever is less; and (d) administrative time at $50 per hour, capped at five (5) hours per incident.

11.4 Notice & Evidence

Per § 5.4, you will receive an itemized invoice with photo or video evidence and 72 hours to respond before any Damage charge is processed. Disputes raised within 72 hours will be reviewed in good faith.

11.5 Excessive Cleaning

Standard turnover cleaning is included in the cleaning fee disclosed at booking. The following are excessive and billed at actual cost plus a $50 administrative fee:

• Trash exceeding standard household quantities;
• Removal of glitter, confetti, slime, or similar;
• Carpet shampooing for stains;
• Smoke or odor remediation (in addition to the § 13.1 liquidated amount, only to the extent actual cost exceeds it);
• Bodily-fluid biohazard cleanup;
• Re-cleaning a unit left in unsanitary condition;
• Outside-of-unit cleaning required as a result of Guest activity.

11.6 Innkeeper's Statutory Lien

Pursuant to Va. Code § 43-31, Operator has a lien on baggage and other property left by Guest for unpaid charges. Property unclaimed for sixty (60) days after written notice may be sold or disposed of under Va. Code § 43-37, with proceeds applied to outstanding charges. Items of obvious value (jewelry, electronics, prescription medications) are held longer and reasonable efforts will be made to return them.

11.7 Statutory Limit on Liability for Guest Property

Pursuant to Va. Code § 35.1-28, our liability for loss of, or damage to, your wearing apparel, baggage, or other personal property brought onto the Property is limited to $300 in the aggregate, unless before your Stay you (a) declared a higher value in writing, (b) deposited the items in a safe we provided, and (c) we accepted the higher valuation in writing.

12. Wi-Fi & Technology Acceptable Use

12.1 Acceptable Use

Wi-Fi is provided as a courtesy. You agree not to use the network for: (a) illegal activity (including copyright infringement, unauthorized access to systems, or harassment); (b) bulk email, malware, or phishing; (c) bandwidth-intensive cryptocurrency mining or commercial server hosting; or (d) any activity that violates Virginia or federal law.

12.2 No Warranty

Wi-Fi is provided "as-is" with no guarantee of speed, reliability, security, or availability. We are not liable for any loss arising from network use or unavailability, except as required by law.

12.3 DMCA / Law-Enforcement Cooperation

We may comply with DMCA takedown notices and lawful law-enforcement requests, including disclosing logs and Guest information.

13. Liquidated Damages — Reasonableness & Exclusivity

The parties acknowledge that actual damages from each of the following breaches are uncertain and difficult to ascertain at the time of contracting. The following amounts are agreed-upon liquidated damages — not penalties — and represent a reasonable forecast of harm. For each specified breach, the listed amount is the exclusive liquidated remedy; Operator does not retain an option to elect actual damages instead. (Where actual cost exceeds the liquidated amount and the increase is documented and reasonable, the additional amount is recoverable under § 11 only as actual repair, replacement, or remediation cost.)

Operator maintains a written internal damage-forecast memorandum supporting these amounts; the memorandum is available on reasonable request in any dispute concerning enforceability.

13.1 Smoking-Violation Liquidated Amount

$500, payable upon detection by sensor, professional-cleaner odor report, visual evidence, or credible Guest report. Not subject to the 72-hour notice in § 5.4 (charge is disclosed in advance), but Operator will provide evidence on request.

13.2 Party / Excess-Occupancy Liquidated Amount

$1,000 for any unauthorized event, gathering exceeding occupancy, or breach of quiet hours after written warning. Subject to the 72-hour notice in § 5.4.

13.3 Unauthorized-Pet Liquidated Amount

$250, plus the standard pet fee, plus any documented additional Damage. Subject to the 72-hour notice.

13.4 Other Listed Amounts

Each amount in the table above is the exclusive liquidated remedy for the listed breach.

14. Parking & Vehicles

14.1 Designated Spaces

Vehicles must be parked only in spaces designated to the unit. Unauthorized vehicles may be towed at the owner's expense.

14.2 Vehicle Liability

We are not responsible for vehicles or items left in vehicles. Park at your own risk.

15. Surveillance, Privacy & Smart-Lock Disclosures

15.1 No Indoor Cameras or Audio Recording

There are no audio or video recording devices inside any guest unit, including bathrooms, bedrooms, and common interior spaces. This complies with applicable platform policies (Airbnb's indoor-camera ban as of April 30, 2024; VRBO and Booking.com indoor-camera bans) and Virginia privacy law.

15.2 Exterior Cameras and Decibel Monitors

We operate exterior security cameras at building entrances, hallways, parking, and courtyard areas, and a decibel-only noise sensor outside the unit. The decibel sensor records sound levels (numerical readings), not audio. Camera coverage is disclosed on the listing and at check-in.

15.3 Smart Locks

Door codes are unique per Reservation. Each unlock event is logged. You consent to use of these logs as evidence of arrival, occupancy, and the identity of the person using the code, including for chargeback defense, insurance claims, and legal proceedings.

15.4 Recording Use

Recordings and logs may be retained, reviewed, and used for security, dispute documentation, insurance claims, and law-enforcement matters.

15.5 Virginia One-Party Consent

Virginia is a one-party consent state under Va. Code § 19.2-62. To the extent any phone or in-person communication between you and Operator is recorded, you consent to such recording where one party (the Operator representative) consents.

16. Force Majeure

Operator is not liable, and Guest is not entitled to any compensation beyond a refund of pre-paid Stay charges, for any failure or delay in performance due to events beyond our reasonable control, including: acts of God, severe weather, fire, flood, earthquake; pandemics, epidemics, and government-mandated travel or operational restrictions; civil disturbance, terrorism, or war; utility outages affecting electricity, water, gas, internet, sewer, or HVAC; failures of third-party platforms (Airbnb, Booking.com, Stripe, Guesty, etc.); strikes or supply-chain disruption; injunctions or regulatory action; and any other cause beyond reasonable control.

During a force-majeure event we will use reasonable efforts to communicate alternatives. We are not liable for the cost of alternative lodging, transportation, meals, or any other consequential or incidental damages.

17. Assumption of Inherent Risks; Limitation of Liability

17.1 Assumption of Inherent Risks

You acknowledge that boutique lodging in a historic urban property carries inherent risks, including but not limited to: stairs and uneven walking surfaces; exposure to weather; variation in hot- and cold-water temperature; kitchen, fireplace, and appliance use; exterior premises hazards; and the ordinary risks of urban travel. You expressly assume these inherent risks and agree to exercise reasonable care.

17.2 Personal Injury — No Pre-Injury Release

Consistent with Virginia law (including Hiett v. Lake Barcroft Cmty. Ass'n, 244 Va. 191 (1992)), this Agreement does not release Operator from liability for negligence resulting in personal injury or death. Any provision of this Agreement that could be read to do so is void to that extent and severable under § 22.1.

17.3 Limitation on Direct Damages

EXCEPT FOR (A) PERSONAL INJURY OR DEATH CAUSED BY OPERATOR'S NEGLIGENCE, (B) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (C) FRAUD, (D) INDEMNIFICATION OBLIGATIONS, OR (E) ANY LIABILITY THAT CANNOT BY LAW BE LIMITED, EACH PARTY'S TOTAL AGGREGATE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT GUEST ACTUALLY PAID OPERATOR FOR THE STAY GIVING RISE TO THE CLAIM.

17.4 Exclusion of Consequential Damages

SUBJECT TO THE SAME EXCEPTIONS LISTED IN § 17.3, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITY, ALTERNATIVE LODGING COSTS, TRANSPORTATION COSTS, EMOTIONAL DISTRESS, LOST VACATION TIME, OR LOSS OF ENJOYMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.5 Personal Property

Subject to the statutory limit in § 11.7, we are not responsible for lost, stolen, or damaged personal belongings, including items left in the unit, in vehicles, or in common areas. Personal travel insurance is recommended.

17.6 Other Guests & Third Parties

We are not liable for the acts or omissions of other Guests, contractors, neighbors, third-party platforms, payment processors, smart-lock vendors, or any other third party.

17.7 Service Interruptions

No refund or discount is owed for temporary interruptions of utilities, Wi-Fi, HVAC, hot water, cleaning service, or any non-essential amenity, unless required by law.

17.8 Time to Bring Claims

Any non-personal-injury claim arising from this Agreement must be commenced within two (2) years after the claim accrues, except where applicable law requires a longer period (including but not limited to personal-injury claims under Va. Code § 8.01-243 and VCPA claims under Va. Code § 59.1-204.1). This Section does not apply where it is prohibited by law.

18. Indemnification

You agree to defend, indemnify, and hold harmless Operator, Rent4Vacay LLC, and our owners, members, officers, employees, contractors, agents, and successors, from and against any third-party claim, demand, suit, judgment, settlement, fine, damage, loss, cost, or expense (including reasonable attorneys' fees) arising out of: (a) your acts or omissions, or those of any member of your party or invitee; (b) your breach of this Agreement; (c) your violation of any law; (d) your alleged misrepresentation in connection with the Reservation, check-in, or Stay; or (e) any damage you cause to the Property or to a third party. This Section does not require you to indemnify Operator for Operator's own negligence, gross negligence, or willful misconduct.

19. Pre-Dispute Notice & Chargeback Covenant

19.1 Pre-Dispute Notice

Before initiating any chargeback, dispute, or reversal of a charge, you agree to first send written notice of the dispute to support@thewestendflats.com and to allow Operator fourteen (14) calendar days to investigate and respond. Operator will respond in good faith with itemized evidence. This Section creates a contractual obligation; it does not extend, abridge, or waive any time period or substantive right under the Fair Credit Billing Act, Regulation Z, or any applicable card-network rule.

19.2 Breach of the Covenant

If you initiate a chargeback without first complying with § 19.1, you breach this Agreement, and Operator may seek (a) the disputed amount, (b) the $75 chargeback-recovery liquidated amount under § 13 (which reasonably forecasts Operator's bank fees, processing time, and administrative cost), and (c) reasonable attorneys' fees and costs in any successful enforcement action. This is in addition to any remedy available under law or under card-network rules.

19.3 Evidence Operator May Submit

In any payment dispute, Operator may submit, as documentation of pre-authorized charges and Guest acceptance: (a) the Reservation confirmation; (b) this Agreement and the Guest Acknowledgement signed by Guest, with timestamp and IP address; (c) the completed online check-in form including ID; (d) smart-lock entry/exit logs; (e) common-area surveillance footage; (f) photo or video evidence of Damage; (g) communications between Guest and Operator; and (h) industry-standard transaction data (AVS, CVV, 3-D Secure, where applicable).

19.4 Fraudulent Disputes

Knowingly false disputes (including disputing a Stay you took or a charge you authorized) may be referred to law enforcement and to credit-reporting agencies, in addition to civil remedies. Operator does not threaten criminal prosecution as a means of collecting any civil debt.

20. Dispute Resolution; Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES BINDING INDIVIDUAL ARBITRATION OF MOST DISPUTES, WAIVES YOUR RIGHT TO A JURY TRIAL, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. YOU MAY OPT OUT WITHIN 30 DAYS — SEE § 20.6.

20.1 Informal Resolution First

Before initiating arbitration, the claiming party agrees to send a written notice of dispute to the other party (to support@thewestendflats.com if to Operator) and to allow thirty (30) calendar days for resolution. Most disputes are resolved this way. Operator agrees to respond within ten (10) business days.

20.2 Mutual Binding Arbitration

Except for (i) claims that may be brought in small-claims court (preserved for either party under § 20.5), and (ii) actions for injunctive or equitable relief described in § 20.7, any dispute, claim, or controversy arising out of or relating to this Agreement, your Reservation, your Stay, or the Property — whether in contract, tort, statute, fraud, misrepresentation, or any other legal theory — shall be resolved exclusively through final and binding individual arbitration. The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and Consumer Due Process Protocol then in effect. The hearing shall take place in or near the City of Roanoke, Virginia, or by remote/desk arbitration for claims under $25,000. The arbitrator's award is final and may be enforced in any court of competent jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.); Virginia substantive law applies to the merits.

20.3 Fees

Operator will pay all AAA filing, administrative, and arbitrator fees other than the consumer filing fee capped by the AAA Consumer Rules (currently $225). For claims under $1,000, Operator will also reimburse the consumer filing fee. Each party bears its own attorneys' fees, except where applicable substantive law provides otherwise (for example, prevailing-consumer fee shifting under VCPA § 59.1-204) or as provided in § 19.2 for a chargeback brought in breach of this Agreement.

20.4 Class-Action and Jury-Trial Waiver

YOU AND OPERATOR EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY. IF FOR ANY REASON A CLAIM IS HEARD IN COURT RATHER THAN IN ARBITRATION, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO A JURY TRIAL ON ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT, AS PERMITTED BY VA. CODE § 8.01-336.

If the class-action waiver in this § 20.4 is held unenforceable, the entire arbitration agreement in this § 20 is void, and disputes may proceed in court — but the jury-trial waiver in this § 20.4 survives and remains enforceable.

20.5 Small-Claims-Court Carve-Out

Either party may bring an individual claim in small-claims court for any matter within that court's jurisdiction, in lieu of arbitration.

20.6 Opt-Out

You may opt out of this arbitration agreement by sending written notice — including your name, Reservation reference, and a statement that you opt out — to support@thewestendflats.com or to 515 8th Street SW, Roanoke, VA 24016, within thirty (30) calendar days after first accepting this Agreement. Opting out does not affect any other provision.

20.7 Limited Carve-Out for Injunctive Relief

Notwithstanding § 20.2, either party may bring an action for injunctive or equitable relief in the state or federal courts located in Roanoke, Virginia to (a) prevent ongoing breach of § 8 (House Rules), § 9 (Smoking, Drugs, Firearms), or § 11 (Damage); (b) enforce Operator's innkeeper's lien under § 11.6; (c) protect intellectual-property rights; or (d) effect self-help eviction under § 7.5.

20.8 Mass-Arbitration Bellwether

If twenty-five (25) or more substantially similar arbitration demands are filed against Operator within ninety (90) days, the parties shall first try ten (10) bellwether cases under the AAA Mass Arbitration Supplementary Rules then in effect; the remaining cases shall be stayed pending the outcome of the bellwether process and any global resolution that follows.

20.9 Severability and Reformation

If any provision of this § 20 (other than the class-action waiver) is held unenforceable, the unenforceable provision is severable and the remainder of this § 20 — including the arbitration agreement, jury-trial waiver, and small-claims carve-out — remains in full force and effect. Where allowed, the arbitrator or court shall reform any unenforceable provision to render it enforceable to the maximum extent permitted by law.

21. Governing Law & Venue

21.1 Governing Law

This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles. The Federal Arbitration Act governs the arbitration agreement in § 20.

21.2 Exclusive Venue

For any action that is not subject to arbitration (including small-claims and injunctive matters), exclusive venue is the General District or Circuit Court for the City of Roanoke, Virginia. You consent to personal jurisdiction in those courts and waive any objection based on inconvenient forum.

22. General Provisions

22.1 Severability

If any provision of this Agreement is held unenforceable, the remainder remains in full force and effect, and the unenforceable provision shall be reformed to the minimum extent necessary to render it enforceable while preserving its intent.

22.2 No Waiver

Operator's failure to enforce any provision is not a waiver of that provision or of any future enforcement right.

22.3 Entire Agreement

This Agreement, our Privacy Policy, our House Rules, and the email confirmation of your Reservation constitute the entire agreement between you and Operator and supersede prior or contemporaneous communications on the same subject. As to Reservations made through a third-party booking channel, the channel's terms govern any conflict with this Agreement.

22.4 Assignment

You may not assign your rights or obligations. Operator may assign its rights and obligations on written or email notice.

22.5 Amendments

Operator may amend this Agreement. The version in effect on the date of your Reservation governs your Stay. Material changes will be emailed to existing Guests with future Reservations at least seven (7) days before they take effect.

22.6 Survival

Sections 5 (Payment), 11 (Damage), 13 (Liquidated Damages), 17 (Assumption of Risk; Limitation of Liability), 18 (Indemnification), 19 (Chargebacks), 20 (Arbitration), 21 (Governing Law), and this § 22 survive termination of this Agreement or the end of any Stay.

22.7 Headings; Construction

Section headings are for convenience only and do not affect interpretation. The parties acknowledge that this Agreement is the product of mutual review; the rule of construction against the drafter does not apply.

23. Contact

The West End Flats / Rent4Vacay LLC
515 8th Street SW, Roanoke, VA 24016
1-855-919-7368
support@thewestendflats.com