Signature Stay Collection Terms & Conditions

1.1 Platform Overview

Signature Stay Collection is a curated travel advisor booking platform powered by Whimstay inventory and technology. The Platform enables approved Advisors and their clients to browse and book professionally managed vacation rental properties and accommodations (“Properties”).

1.2 Curated Inventory

Properties featured on the Platform are curated selections from professionally managed inventory sources. Signature Stay Collection does not independently own, operate, inspect, manage, or control the Properties.

1.3 Relationship Between Parties

When a booking is completed through the Platform, the booking agreement is formed directly between the Traveler and the applicable property owner, host, property manager, or supplier (collectively, the “Host”).

Signature Stay Collection and Whimstay are not parties to the rental agreement between Travelers and Hosts.

1.4 No Real Estate Brokerage

Neither Signature Stay Collection nor Whimstay acts as a real estate broker, travel insurer, guarantor, or property manager.

1.5 No Guarantee

While Signature Stay Collection curates professionally managed inventory, we do not guarantee:

• the availability of any Property
• the accuracy of property descriptions
• uninterrupted access to any Property
• the conduct of Hosts or Travelers
• the condition, legality, suitability, or safety of any Property
• Travelers and Advisors are responsible for independently evaluating the suitability of a Property.

1.6 Third-Party Services

The Platform may contain links to third-party websites, payment processors, property management systems, software providers, or external services (“Third-Party Services”). Signature Stay Collection is not responsible for Third-Party Services or their availability, accuracy, policies, or actions.

Some areas of the Signature Stay Collection by Whimstay Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service

2.1 Minimum Requirements

You must be at least 18 years old and legally capable of entering binding agreements to use the Platform.

2.2 Advisor Approval Required

Access to advisor functionality is limited to approved Advisors.

Submitting an application does not guarantee approval. Signature Stay Collection may approve, deny, suspend, revoke, or terminate advisor access at any time in its sole discretion.

2.3 Independent Business Relationship

Advisors are independent businesses and are not employees, representatives, franchisees, partners, or agents of Signature Stay Collection or Whimstay.

2.4 No Authority to Bind

Advisors may not:

• make representations on behalf of Signature Stay Collection or Whimstay
• modify pricing or policies
• guarantee availability
• promise refunds outside stated cancellation terms
• enter into agreements on behalf of Signature Stay Collection or Whimstay

3.1 Account Registration

Users may be required to create an account to access portions of the Platform.

You agree to provide accurate, complete, and current information and to keep such information updated.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and all activity occurring under your account.

3.3 Account Sharing Prohibited

Advisor accounts may not be shared, sublicensed, transferred, or made available to unauthorized third parties.

3.4 Multiple Accounts

Users may not create multiple accounts without written authorization.

4.1 Booking Process

Bookings completed through the Platform constitute a legally binding agreement between the Traveler and the Host.

4.2 Booking on Behalf of Others

If an Advisor or other individual books on behalf of a Traveler, they represent and warrant that:

• they are authorized to act on behalf of the Traveler
• the Traveler has reviewed and accepted these Terms
• the Traveler agrees to all applicable property rules, restrictions, cancellation terms, and policies

4.3 Property Rules

Properties may be subject to additional rules, policies, occupancy restrictions, age requirements, security deposits, or rental agreements imposed by the Host.

4.4 Accuracy of Information

Property descriptions, amenities, availability, rates, and images are supplied by Hosts or third parties. Signature Stay Collection does not guarantee the accuracy or completeness of such information.

4.5 Right to Refuse or Cancel

Signature Stay Collection or the Host may refuse, reject, or cancel any booking for fraud prevention, policy violations, payment failures, legal compliance, safety concerns, suspected abuse, or other legitimate business reasons.

5.1 Total Booking Amount

The total amount charged may include:

• base rental charges
• taxes
• cleaning fees
• service fees
• processing fees
• security deposits
• additional Host-imposed charges

5.2 Pricing Accuracy

Pricing and availability may change at any time prior to booking confirmation.

In the event of a pricing or technical error, Signature Stay Collection reserves the right to cancel or modify bookings affected by the error.

5.3 Payment Authorization

By submitting payment information, you authorize Signature Stay Collection, Whimstay, payment processors, or applicable suppliers to charge the payment method provided.

5.4 Currency and Exchange Rates

Currency conversion rates are estimates and may vary depending on your payment provider or financial institution.

5.5 Chargebacks

Improper or fraudulent chargebacks may result in:

• account suspension
• booking cancellation
• forfeiture of commissions
• collection activity
• legal action

6.1 Property-Specific Cancellation Policies

Each Property is subject to its own cancellation policy established by the Host.

Cancellation terms are displayed during the booking process and incorporated into these Terms.

6.2 Final Sale Bookings

Some bookings may be non-refundable or final sale.

6.3 Service Fees

Unless otherwise stated, service fees and processing fees are non-refundable.

6.4 Booking Changes

Changes to bookings are subject to Host approval and availability.

Additional charges may apply.

6.5 Force Majeure

Neither Signature Stay Collection nor Whimstay is responsible for cancellations, interruptions, delays, or losses caused by events beyond reasonable control, including:

• weather events
• natural disasters
• government actions
• travel restrictions
• pandemics
• labor disruptions
• utility outages
• property damage
• transportation interruptions

6.6 No Responsibility for Ancillary Costs

Signature Stay Collection is not responsible for:

• airfare
• transportation
• event tickets
• alternative accommodations
• travel expenses
• incidental losses
• Travel insurance is strongly recommended.

7.1 Commission Eligibility

Approved Advisors may earn commission on eligible completed bookings.

7.2 Commission Structure

Unless otherwise agreed in writing:

• the default commission rate is 10% of base rent
• Advisors may adjust commission percentages between 0% and 50%
• commission applies only to base rent
• taxes, fees, deposits, add-ons, insurance, and processing charges are excluded from commission calculations

7.3 Attribution Requirements

Commission is payable only if the booking is properly attributed to the Advisor through:

• logged-in advisor bookings
• tracked booking links
• approved attribution methods established by Signature Stay Collection

7.4 Completed Stay Requirement

Commission is earned only after the Traveler completes the stay.

7.5 Payment Timing

Eligible commission payments are generally issued approximately 30 days after completed checkout.

7.6 Reversals and Adjustments

Commission may be reduced, withheld, denied, offset, or reversed for:

• cancellations
• refunds
• chargebacks
• fraud
• policy violations
• duplicate attribution
• self-booking abuse
• misuse of the Platform

7.7 Taxes and Documentation

Advisors are solely responsible for all taxes associated with commissions.

Signature Stay Collection may require tax documentation before releasing payment.

8.1

A completed booking of a property (a “Booking”) is a limited license granted to you by the Host to enter, occupy and use the Property for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Property, in accordance with your agreement with the Host.

8.2

You must leave the Property no later than the checkout time that the Host specifies in the House Rules, or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Property and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each 24 hour period (or any portion) that you Overstay, an additional nightly fee of up to 2 times the nightly rate posted by the Host to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees”). Overstay Fees for late checkouts on the checkout date that do not impact upcoming Bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at a Property, you authorize Signature Stay Collection by Whimstay to charge the Overstay Fees to any payment method that you have previously provided to Signature Stay Collection. A Security Deposit, if required by a Host, may be applied to any Overstay Fees.

8.3

If a Host requires you to prepay an amount to protect against potential Damage Claims (“Security Deposit”) and there are no Damage Claims, you will receive a refund of the Security Deposit within 14 days after the checkout time or the end of the Overstay, whichever is later.

8.4

A Host or other third party may offer a damage waiver (“Damage Waiver”) in conjunction with a Booking. A Damage Waiver is a form of insurance that may cover (a) accidental damages to the Property during your Booking, (b) may have maximum coverage limits and exclusions and (c) is an arrangement between you and the Host or third party (as applicable). Signature Stay Collection is not a party to Damage Waiver. You should contact the Host or third party (as applicable) to get information regarding the terms of any Damage Waiver.

Users, Travelers, and Advisors may not:

• circumvent the Platform or booking fees
• encourage direct bookings outside the Platform
• manipulate tracking or attribution systems
• scrape or harvest data from the Platform
• use bots, spiders, crawlers, or automated systems
• use unauthorized coupon stacking or cashback systems
• engage in fraud, deceptive conduct, or abuse
• impersonate Signature Stay Collection or Whimstay
• violate laws or third-party rights
• interfere with Platform functionality
• post false or misleading information
• share login credentials
• conduct unauthorized paid search advertising using Signature Stay Collection, Whimstay, or confusingly similar brand terms

Signature Stay Collection reserves the right to investigate and take action against violations.

All Platform content, branding, software, logos, text, graphics, photographs, and intellectual property are owned by or licensed to Signature Stay Collection, Whimstay, or applicable licensors.

No rights are granted except as expressly stated in these Terms.

Users may not:

• reproduce Platform content
• create derivative works
• use branding without written permission
• copy inventory or listing data
• reverse engineer Platform functionality

11.1

You must leave the Property (including any personal or other property located at the Property) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals that you invite to, or otherwise provide with access to, the Property, excluding the Host (and the individuals the Host invites to the Property, if applicable).

11.2

If a Host claims and provides evidence that you have damaged a Property or any personal or other property at a Property (“Damage Claim”), the Host can seek payment from you. If a Host refers a Damage Claim to Signature Stay Collection by Whimstay, you will be given an opportunity to respond. If you agree to pay the Host, or Signature Stay Collection determines in its sole discretion that you are responsible for the Damage Claim, Signature Stay Collection may collect from you and/or deduct from the Security Deposit (if applicable) such sums as are required to cover the Damage Claim. Signature Stay Collection also reserves the right to otherwise collect payment from you and pursue any remedies available to Signature Stay Collection in this regard in situations in which you are responsible for a Damage Claim.

11.3

You must cooperate with and assist Signature Stay Collection in good faith, and provide Signature Stay Collection with such information and take such actions as may be reasonably requested by Signature Stay Collection, in connection with any Damage Claims or other complaints or claims made by Hosts in relation to your Bookings. You will, upon our reasonable request, participate in mediation or a similar resolution process with a Host, which process will be conducted by Signature Stay Collection or a third party selected by Signature Stay Collection or its insurer, with respect to Damage Claims that are made against you.

Users may submit reviews, comments, photographs, or other content (“User Content”).

By submitting User Content, you grant Signature Stay Collection and Whimstay a worldwide, perpetual, royalty-free, sublicensable license to use, reproduce, display, distribute, modify, and promote such content.

You represent that:

• you own or control the rights to submitted content
• your content does not violate law or third-party rights
• your content is truthful and non-misleading

Signature Stay Collection may remove content at its discretion.

Your use of the Platform is subject to applicable privacy policies.

Advisors represent and warrant that they have obtained all necessary permissions and consents before sharing traveler information with Signature Stay Collection or Whimstay.

THE PLATFORM, PROPERTIES, AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIGNATURE STAY COLLECTION AND WHIMSTAY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Signature Stay Collection and Whimstay do not guarantee:

• uninterrupted access
• error-free functionality
• suitability of Properties
• property availability
• travel outcomes
• advisor earnings
• commission amounts

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIGNATURE STAY COLLECTION, WHIMSTAY, THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR:

• indirect damages
• incidental damages
• consequential damages
• punitive damages
• loss of profits
• loss of business
• loss of goodwill
• loss of data
• travel interruptions
• personal injury
• property damage
• acts or omissions of Hosts, Travelers, Advisors, or third parties

In no event shall the total aggregate liability of Signature Stay Collection or Whimstay exceed the greater of:

• the total amount paid through the Platform related to the claim during the previous 12 months, or
• US$100

You agree to defend, indemnify, and hold harmless Signature Stay Collection, Whimstay, and their affiliates, officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses arising from:

• your violation of these Terms
• your misuse of the Platform
• your violation of law
• your interactions with Hosts, Travelers, or third parties
• your content
• your bookings
• your conduct

Signature Stay Collection may suspend, limit, or terminate access to the Platform at any time and for any reason, including:

• suspected fraud
• policy violations
• legal compliance
• abuse
• security concerns
• reputational concerns
• inactivity
• Termination may result in cancellation of pending bookings or forfeiture of unpaid commissions.

This Dispute Resolution and Arbitration Agreement shall apply if your (a) Country of Residence is in the United States; or (b) your Country of Residence is not in the United States but bring any claim against Signature Stay Collection in the United States (to the extent not in conflict with Section 19).

18.1 Overview of Dispute Resolution Process

Signature Stay Collection by Whimstay is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process: (a) an informal negotiation directly with customer support, and (b) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 18 and except as provided in Section 18.5). Specifically, the Consumer Arbitration Rules provide:

• Claims can be filed with AAA online (www.adr.org)
• Arbitrators must be neutral, and no party may unilaterally select an arbitrator.
• Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party.
• Parties retain the right to seek relief in small claims court for certain claims, at their option.
• The initial filing fee for the consumer is capped at $200.
• The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents.
• The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

18.2 Pre-Arbitration Dispute Resolution and Notification

Prior to initiating an arbitration, you and Signature Stay Collection each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact customer support by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

18.3 Agreement to Arbitrate

You and Signature Stay Collection mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation of these Terms, or to the use of the Signature Stay Collection Platform or the Combined Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Signature Stay Collection agree that the arbitrator will decide that issue.

18.4 Exceptions to Arbitration Agreement

You and Signature Stay Collection each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (a) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (b) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

18.5 Arbitration Rules and Governing Law

This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

18.6 Arbitration Hearing/Location

In order to make the arbitration most convenient to you, Signature Stay Collection agrees that any required arbitration hearing may be conducted, at your option, (a) in Contra Costa County; (b) via phone or video conference; or (c) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

18.7 Attorney’s Fees and Costs

You will be responsible for payment of any initial filing fee under the AAA Rules. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Signature Stay Collection retains all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

18.8 Arbitrator’s Decision

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

18.9 Jury Trial Waiver

You and Signature Stay Collection acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

18.10 No Class Actions or Representative Proceedings

You and Signature Stay Collection acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Signature Stay Collection both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

18.11 Severability

Except as provided in Section 18.12, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

18.12 Changes

Notwithstanding Section 19, if Signature Stay Collection changes this Section 18 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Signature Stay Collection in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

18.13 Survival

Except as provided in Section 18.12, this Section 18 will survive any termination of these Terms and will continue to apply even if you stop using the Signature Stay Collection Platform or terminate your Signature Stay Collection account.

19.1

These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 18 must be brought in state or federal court in Martinez, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Martinez, California.

19.2

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between Signature Stay Collection and you pertaining to its subject matter and supersede any and all prior oral or written understandings or agreements between Signature Stay Collection and you in relation to the access to and use of the Signature Stay Collection Platform.

19.3

Signature Stay Collection reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Signature Stay Collection Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revisions, you may terminate Terms with immediate effect. If you do not terminate these Terms before the date the revisions become effective, your continued access to or use of the Signature Stay Collection Platform will constitute acceptance of the revisions.

19.4

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

19.5

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. No provision of these Terms will be construed against any party on the basis of that party being the drafter. References to “includes” or “including” mean “includes, without limitation” and “including, without limitation,” respectively.

19.6

Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

19.7

You may not assign, transfer or delegate these Terms and your rights and obligations under these Terms without our prior written consent. Signature Stay Collection may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at its sole discretion, with 30 days prior notice. Your right to terminate these Terms at any time remains unaffected.

19.8

Unless specified otherwise, any notices or other communications permitted or required under these Terms will be provided electronically and given by Signature Stay Collection via email, Signature Stay Collection Platform notification, or messaging service (including SMS). The date of receipt will be deemed the date on which Signature Stay Collection transmits the notice.

19.9

If you have any questions about these Terms, please email us at stay@whimstay.com