Legal

Terms of Service

These Terms are an agreement between you and West End Flats LLC, doing business as The West End Flats ("we", "us"). Property: The West End Flats, 515 8th St SW, Roanoke, VA 24016.

1. Accepting these Terms

1.1 How you accept

You accept by ticking the agreement box and paying at checkout. The box covers:

• these Terms;
• the cancellation terms shown for your booking;
• the House Rules (§ 8.1);
• our Privacy Policy;
• your consent to receive your agreement, receipts and notices electronically (§ 1.2).

Each guest who signs at online check-in also accepts these Terms. Offers by text are separate and optional (§ 24.2).

1.2 Electronic records

We give you this Agreement, receipts, notices and other records electronically, by email, text or web page. You need a device that opens web pages and email, and you can save or print any record. You may ask us for a paper copy at no charge. You may also withdraw your consent to electronic records for the future by writing to us (§ 22.7). Withdrawing does not cancel your booking or change these Terms.

1.3 Booking-channel reservations

A booking made through Airbnb, Vrbo, Booking.com, Expedia or another channel is governed by the channel's terms and by the house rules and terms in its listing. At our online check-in you also:

• agree to our House Rules;
• authorize the card hold shown on the form and its capture (§ 4.2);
• agree to §§ 15 to 18 (cameras and sensors, events beyond our control, limits of liability, and claims by others) and § 20 (binding individual arbitration), to the extent the channel's terms allow.

These Terms apply in full to anything you buy directly from us, such as extra nights, early check-in, late check-out or a pet, from the time you buy it. Where the channel's terms conflict with these Terms on your channel booking, the channel's terms control.

2. Who we are; definitions

2.1

You contract with West End Flats LLC, doing business as The West End Flats. Contact details are in § 23.

2.2 Definitions

• "Reservation": your booking, however made.
• "Stay": check-in to check-out, including extensions and back-to-back Reservations.
• "Property": the unit you reserved, with its building, furnishings, equipment, shared areas and grounds.
• "Your party": everyone on your Reservation, and anyone you or they let onto the Property.
• "Hold": the card hold in § 4.2.
• "Card on file": defined in § 5.2.
• "Damage": the cost to repair, replace, clean or restore the Property or anything in it, including labour.
• "Schedule A": the property facts at the end of these Terms.

3. Age, ID and lodging

3.1 Age and ID

The guest who books and the primary guest must be at least 18 and show valid government photo ID. Guests under 18 may stay only with a responsible adult guest on the Reservation.

3.2 Lawful purpose

You confirm that:

• you may enter this Agreement;
• the information you give us is true;
• you are not booking for an unlawful purpose, or for anyone who is.

3.3 Identity checks

We check your photo ID, the card you pay with and the check-in form, and we may ask for more. If you don't give us what we ask for, if the information is false, or if the ID doesn't match the guest named on the booking, we may refuse check-in and treat the Reservation as a no-show (§ 5.5). If you give us everything we ask for and we still decline it, we refund the nights we don't provide (§ 4.6).

3.4 Lodging

Your Stay is lodging, and this Agreement is not a lease. We set the minimum and maximum length of any Stay.

3.5 Signing, and your party

Before we issue the door code, the primary guest completes online check-in and signs electronically. As evidence of the signature we record the typed name, the time, browser details and a hashed IP address.

The primary guest signs for the whole party and confirms that every adult in it has been told of these Terms and the House Rules. The person who books and the primary guest are each fully responsible:

• for everyone in the party;
• for their following this Agreement;
• for every amount owed under it.

4. Reservations and the card hold

4.1 What we need

At booking: a valid card, a working email and mobile number, and your acceptance. Before your door code: online check-in (§ 7.2).

4.2 Card hold

• Placing. On your arrival day we place a temporary authorization (the "Hold") on your card for the amount in Schedule A. It is not a charge, but it reduces your available credit. On a long Stay we may renew it, and back-to-back Reservations share one Hold. If we can't place it, your door code waits until a Hold is in place on this or another card.
• Releasing. Unless we capture it, we release it no earlier than 5:00 p.m. Eastern Time on your check-out day. Your card issuer decides when the release shows, often 5 to 10 business days. A release does not mean you owe nothing: amounts found later are charged under § 5.4.
• Capturing. You authorize us to capture all or part of the Hold, without asking you again, for any amount you owe under this Agreement. That includes Damage (§ 11), excessive cleaning (§ 11.5), a § 13 amount, a holdover (§ 7.4), an undeclared animal (§ 10.4) and any unpaid purchase. For a booking-channel Reservation, we capture a § 13 amount only if the channel's listing showed it when you booked. On an American Express card, we capture the Hold for Damage, cleaning or the smoking amount only as § 5.4 allows, and never for other § 13 amounts.
• Notice. After a capture we email you an itemized notice: the amount, the reason, the section of these Terms, and a description of our evidence. If you disagree, tell us in writing within 10 business days of the notice, with your reasons and any evidence you have. If you don't, you accept the amount.
• Anything the Hold does not cover is charged under § 5.4.

4.3 Confirmation

Your Reservation is confirmed when your payment is accepted and we show a confirmation number; we also email a confirmation. If your payment is reversed, or we reasonably suspect fraud, we may cancel the Reservation.

4.4 Channel bookings we charge

If we charge your card for a booking-channel Reservation, the channel's cancellation policy for your rate applies, and we make any refund it requires.

4.5 Room types

You reserve a room type, not a specific unit. Units of a type share its features but differ in floor, layout, view and décor; photos show representative units. A particular unit is guaranteed only if we confirm it in writing.

We may assign you any unit of your type or a higher type, and move you to one during your Stay with notice. If no unit of your type is available, we may assign a lower type and refund the price difference for the affected nights. If you don't accept that, § 4.6 applies.

4.6 If we can't provide your unit

If we can't provide your unit, or part of your Stay in it, for any reason, we may offer you another unit or property. If we don't offer one, or you don't accept it, we refund what you paid for the nights we don't provide, with their taxes and any unused add-ons. If we can't provide any of your Stay, we refund everything you paid.

That refund is your only remedy. We don't pay for other lodging, transport, or any other cost or loss.

4.7 Accessibility

Each property's listing describes its accessibility. If a disability-related need depends on a feature, ask us before you book. We are bound only by accessibility features we confirm in writing.

5. Price and payment

5.1 Your price

Before you pay we show the nightly rates, any cleaning fee and every other mandatory charge, the taxes, and the total. Optional items (Cancellation Protection, pets, early check-in, late check-out) are added only if you choose them. You pay the full price when you book, unless a custom quote sets scheduled payments (§ 6.1(d)). If a price was shown in obvious error, we may cancel the booking and refund you, or offer it to you at the correct price.

5.2 Card on file: charges you authorize

Your "card on file" is the card you pay with and any other card you give us for your Reservation (for example at online check-in or during your Stay), as your card issuer updates it. Its last four digits are on your confirmation or receipt.

You authorize us and our payment processor, Stripe, to store your card on file and to charge it in U.S. dollars, without asking you again, for:

• (a) your booking total when you book and, for a custom quote with scheduled payments, each scheduled payment on the date shown on the quote;
• (b) the Hold, its renewal and its capture (§ 4.2);
• (c) purchases you ask for, such as early check-in, late check-out, extra nights or a pet, at the price shown when you confirm;
• (d) a holdover (§ 7.4), after your check-out time passes;
• (e) an undeclared animal (§ 10.4), when we find it;
• (f) amounts you owe under §§ 11 and 13, as § 5.4 describes (on an American Express card, only as § 5.4 allows);
• (g) the same charges for any later or linked Reservation you make with us, unless you give us another card for it.

Items (b) to (g) have no fixed schedule. Each happens only on the event described, and the amount is the price shown or the amount these Terms set. We tell you by email of any change to these card-on-file terms; a change applies only to Reservations made after it, unless you agree. This authorization lasts until you have paid everything you owe for your last Stay with us. Once you owe nothing, you may ask us to remove your card.

5.3 Your statement

Your card statement shows the name in Schedule A.

5.4 Amounts the Hold does not cover

If you owe more than the Hold covers, or an amount comes to light after the Hold is released, we send you an itemized notice with a description of our evidence. For Damage we normally send it within 10 business days after check-out; Damage we find later is still owed.

You may pay by any method we accept; paying by card is optional. If, within 20 business days of the notice, you have neither paid nor sent us a written objection with your reasons and your own estimate, we may charge the amount to your card on file. For Damage, we charge your card this way only if we sent the notice within 10 business days after check-out.

American Express cards. American Express's rules limit what we may charge to an American Express card after a Stay. On an American Express card:

• For Damage, excessive cleaning and the smoking amount (§ 13), the itemized notice shows the genuine costs. We charge the same American Express card you used for the Stay only after you acknowledge the charge, for example through the link in the notice. We make it as a separate charge, within 90 days after check-out. We capture the Hold for these amounts only in the same way.
• Other § 13 amounts, lost rental income and fines are invoiced, not charged to the card.
• Anything you don't acknowledge, or that we don't charge, is invoiced and payable on request.

In every other case, or if a charge fails, we may collect the amount by any other lawful means: in court as § 20.6 allows, or in arbitration (§ 20). § 20.4 applies.

5.5 No-show

You are a no-show if, by 11:00 a.m. (property local time) the day after your check-in date, you have not completed online check-in, or you have not arrived and have not told us in writing when you will. We may then cancel the rest of your Reservation and re-let the unit. A no-show is not refunded.

5.6 Failed payments

If a charge to your card on file is declined, we tell you in writing and give you at least 7 calendar days to pay another way before we treat the amount as unpaid. If you don't pay by then, we may cancel the unpaid nights, end your Stay (§ 7.6) and collect the amount (§ 5.4). A purchase is not confirmed until it is paid.

5.7 Refunds and currency

Amounts are in U.S. dollars. Refunds go to the card you paid with. While a card dispute about a charge is open, we don't refund that charge separately; anything we owe is handled through the dispute.

5.8 Groups and other cardholders

If you use someone else's card, you confirm that the cardholder agreed to these Terms and to the charges in § 5.2. If you book several units or for a group, you are responsible for all of them and for every guest's compliance.

5.9 Purchases during your stay

Purchases during your Stay (extra nights, early check-in, late check-out, pets) are charged to your card on file when you confirm, at the price and tax shown. They are not refundable once confirmed. If we can't provide one, we refund its price, and that is your only remedy.

5.10 Taxes

We charge the taxes that apply to your Stay, shown at checkout. If a tax rate changes, or a tax is found to apply after you book, we may charge the difference.

6. Cancellation and changes

6.1 Your cancellation terms (direct bookings)

• (a) Non-refundable. Your booking is non-refundable. If you cancel, don't arrive or leave early, you are not refunded, whatever the reason (including illness, weather, travel problems or a change of plans), unless you bought Cancellation Protection and cancelled in time.
• (b) Cancellation Protection is optional and is never pre-selected; you add it yourself.
  • Price: 20% of your stay total (nightly rate, cleaning fee and taxes, after discounts and before add-ons), shown in dollars before you pay.
  • When you can buy it: only at checkout, and not within 25 hours of check-in.
  • What it gives you: you may cancel your whole Reservation for any reason until 24 hours before your check-in time. The exact local date and time is shown at checkout. We then refund everything you paid for the Reservation, except the Cancellation Protection price and any add-on already provided. The Cancellation Protection price is never refunded.
  • What it doesn't cover: a cancellation after that deadline, a partial cancellation or shortening, a no-show, an early departure, or a Stay we end under § 7.5.
  • Other limits: it applies only to the Reservation it was bought for, and it can't be transferred.
  • It is our waiver of the non-refundable term, not insurance.
• (c) How to cancel: in writing, by email, text or a reply to your confirmation. A cancellation counts from when we receive it in writing. A phone call, or a STOP reply to a text, does not cancel a booking.
• (d) Quotes. A booking made on a quote link follows the cancellation terms shown on the quote. Some custom quotes set scheduled payments: a 50/50 split with the balance due 7 days before check-in, or weekly or monthly installments, on the dates and in the amounts shown on the quote. For a custom quote with scheduled payments, every scheduled payment remains due if you cancel; we may charge them to your card on file when due.

The cancellation terms shown at checkout, with their exact deadline, are part of this Agreement.

6.2 Re-booked nights

We may re-book nights you don't use, including after we end a Stay for your breach. That does not entitle you to a refund.

6.3 Booking-channel reservations

Booking-channel reservations follow the channel's cancellation policy and refund process, except as § 4.4 says.

6.4 Changes

We may agree to change your dates, length of stay or unit. Any change is at our discretion and subject to availability, at the current rate plus any change fee we show before you confirm. A change that shortens your Stay or moves it to cheaper nights is not refunded unless we agree in writing.

6.5 Leaving early

If you leave before your check-out date, the rest of your Reservation stays available to you and is not refunded. Your door code stays active until your scheduled check-out, unless you tell us in writing that you have left and want access ended.

6.6 Refunds

We send any refund we owe to your original payment method. Your card issuer decides when it shows.

6.7 If we cancel

We may cancel a Reservation for any lawful reason.

• If we cancel for a reason other than your breach, we refund what you paid for the nights we don't provide.
• If we cancel before your Stay starts, we refund everything you paid for it, including any Cancellation Protection price.

That refund is your only remedy (§ 4.6). If we cancel because of your breach, including false information or a failed identity check (§ 3.3), nothing is refunded.

7. Check-in, check-out and access

7.1 Check-in

Check-in is from the time in Schedule A (3:00 p.m. property local time unless noted). Early check-in from 1:00 p.m. can be bought when the unit is ready, at the price in Schedule A or shown in the guest app. It is confirmed only once paid.

7.2 Online check-in

We issue your door code only after you complete online check-in: a photo ID of the guest named on the booking, your electronic signature, the Hold (§ 4.2), and anything else the form asks for. Until then you have no access. If it is still incomplete at 11:00 a.m. the day after your check-in date, you are a no-show (§ 5.5).

7.3 Door codes

Door codes are sent by text or email on your arrival day and are personal to your Reservation. Don't share them outside your party. If you do, we may change the code and end the Stay (§ 7.5), and you are responsible for anything done with the code.

7.4 Check-out and holdover

Check-out is at the time in Schedule A (11:00 a.m. property local time unless noted). Late check-out until 1:00 p.m. can be bought when the schedule allows, at the price in Schedule A or shown in the guest app.

Staying past check-out without our written approval is a holdover. A holdover costs:

• $25 for each hour or part of an hour;
• if anyone is still there at 3:00 p.m. (property local time), one extra night at the current nightly rate plus tax for each night or part of a night, instead of the hourly price;
• in either case, any cost we incur because the next guest's arrival is delayed or moved.

A holdover does not extend your Stay, and we may end access at check-out time (§ 7.6).

7.5 Refusing or ending a Stay

We may refuse check-in, or end a Stay at any time, if we reasonably believe that you or anyone in your party:

• (a) broke this Agreement, the House Rules or the law;
• (b) gave false information or failed identity verification;
• (c) behaved in a way that is threatening, unsafe, disruptive, or a nuisance to neighbours, staff or other guests;
• (d) refused to provide a valid card, ID or the Hold;
• (e) had more people at the Property than this Agreement allows; or
• (f) created a risk to people or property.

We need not give a warning first. We may also refuse or end a Stay for any other lawful reason, but never on a basis the law forbids, such as race, colour, religion, national origin, sex, disability or familial status.

If we end a Stay under (a) to (f), unused nights are not refunded. Otherwise we refund them, and that is your only remedy.

7.6 How a Stay ends

We tell you by text or email that the Stay has ended and the time by which everyone must leave, which may be at once when safety requires. After that time you and your party are no longer our guests, and anyone who stays may be treated as trespassing. Where the law allows, we may then end access, including by changing the door code, and ask law enforcement for help. Belongings left behind are handled under § 11.6.

7.7 Entering the unit

We, our staff and our contractors may enter the unit at reasonable times, after notice by text or email when practical, to:

• clean;
• maintain or repair;
• inspect;
• check that this Agreement is being followed.

We may enter without notice:

• in an emergency;
• to prevent or stop damage;
• to respond to a sensor alert, a complaint or a suspected breach;
• after check-out time.

8. House Rules and conduct

8.1 House Rules

Each property's House Rules are in its listing and your check-in instructions, and we send them on request. They are part of this Agreement, and you receive them, and acknowledge them, at online check-in. We may update them during your Stay for safety, legal, insurance or association reasons, and we tell you when we do. If they conflict with these Terms, these Terms control. Your party also follows the law, association rules and posted signs.

8.2 Quiet hours

Quiet hours are 10:00 p.m. to 8:00 a.m. At any hour, noise that disturbs neighbours or other guests is a breach and may end the Stay.

8.3 No parties or events

Parties and events are not allowed. A party or event is any of these:

• a gathering of more people than § 8.4 allows at the Property at one time;
• any gathering that disturbs neighbours or other guests, or leads to a complaint, a police call or an association notice;
• any event we have not agreed to in writing, such as a wedding, reception, commercial filming or photo shoot.

A party or event triggers § 13 and may end the Stay.

8.4 Occupancy and visitors

Only guests named on the Reservation may stay overnight, and never more than the maximum in Schedule A. Visitors:

• may be at the Property only between 8:00 a.m. and 10:00 p.m., never overnight;
• may number no more than four at a time;
• are not allowed at all where Schedule A says so.

You are responsible for your visitors, and we may require any visitor to leave.

8.5 Report problems (limits on your remedies)

You must report any problem with the unit by text or email. That includes anything that is not clean, not working, unsafe, missing, or different from its description. Report it:

• within 1 hour after you first enter the unit, for anything present on arrival;
• within 6 hours of when you discover anything else;
• in every case, before you leave.

Send photos where you can, and give us access and a reasonable chance to fix it. We decide how to fix it: cleaning, repair, replacement, a move to another unit or property, or a partial refund. If the problem makes the unit unusable and we can't fix it or move you within 24 hours of your report, we refund the nights it was unusable.

That is your only remedy for a problem with the unit. If you don't report a problem as this section requires, or you leave without giving us that chance, you waive any refund or claim about it. In an emergency, call 911 first, then tell us as soon as it is safe.

9. Smoking, drugs and weapons

9.1 No smoking or vaping anywhere

Smoking, vaping, e-cigarettes, hookah, cannabis and any other smoke or vapour are not allowed anywhere on the property: inside the unit, in shared areas, or outdoors, including patios, balconies, yards and parking areas. Smoking or vaping indoors is subject to § 13. Smoking or vaping outdoors may end the Stay, and you pay for any cleaning or Damage it causes (§ 11).

9.2

Illegal drugs, and controlled substances not prescribed to the person who has them, are not allowed and may end the Stay.

9.3

Firearms and other weapons are not allowed at the Property. Under Va. Code § 18.2-308.01(C), a concealed-handgun permit does not allow carrying where a private owner prohibits it. Bringing a weapon may end the Stay.

10. Service animals, assistance animals and pets

10.1 Service animals

A service animal, as defined in 28 CFR 36.104 and Va. Code § 51.5-40.1, may stay at any property without a pet fee or deposit. A service animal is a dog, or in some cases a miniature horse, individually trained to do work or perform tasks for a person with a disability. If its role isn't obvious, we may ask whether it is required because of a disability and what work or task it is trained to perform.

It must be under your control and housebroken. If it isn't, we may require it to leave the Property, and you may stay without it. You are responsible for any Damage it causes. Please tell us in advance if you can; this is a request, not a condition.

10.2 Emotional support and other assistance animals

Emotional support, comfort and therapy animals are not service animals (28 CFR 36.104; Va. Code § 51.5-40.1). Under these Terms they are pets, and the pet rules (§§ 10.3 to 10.4) apply, including at properties that don't allow pets.

If you believe a fair-housing law requires an exception for your Stay, ask us in writing before you arrive. We decide the request as that law requires, and we may ask for reliable documentation of the disability-related need. Channel bookings follow the channel's policy.

10.3 Pets

Pets are allowed only where Schedule A says so: up to two dogs, declared before arrival (at booking or in the guest app), at the pet fee shown when you add them. No other animals, and no cats at any property. Dogs must be house-trained and non-aggressive, and must follow association rules. Don't leave them alone unless they are crated. You clean up after them.

10.4 Undeclared animals

If you bring an animal without declaring it as § 10.3 requires, you pay:

• $50 per animal per night for the whole Stay;
• the § 13 amount for an undeclared pet;
• any Damage and cleaning.

At a property that doesn't allow pets, or for an animal § 10.3 doesn't allow, we may also require the animal to leave at once, or end the Stay. Service animals are covered by § 10.1, not this section.

10.5 Your responsibility for animals

You are responsible for any animal you or your party bring: for Damage, cleaning, injury to any person or animal, and claims by others (§ 18).

11. Damage and cleaning

11.1 Your responsibility

You are responsible for all Damage to the Property during your Stay caused by you, your party, your visitors or your animals, other than normal wear and tear. That applies whether the Damage comes from an accident, from negligence, or from breaking this Agreement or the House Rules. Va. Code § 8.01-42.2 also makes you liable for damage caused by negligence or by not following rules you were told about. You are also responsible for:

• any fine or charge a government or an association imposes on us because of your party's conduct;
• lost or unreturned keys, fobs, remotes and parking passes.

11.2 Inspection and notice

We inspect after check-out. If we find Damage, we send an itemized notice with a description of our evidence (photos, video, sensor data, or a report from our staff, cleaner or contractor). We normally send it within 10 business days after check-out. Damage found later, including hidden damage such as water or electrical damage, is still owed (§ 5.4).

11.3 What it includes

• (a) The actual cost of repair, replacement or restoration, including labour at our cost.
• (b) For Damage or a breach that takes the unit out of service, the rental income we lose for each night it can't be rented, at the booked or listed rate.
• (c) Any fine or charge in § 11.1.

11.4 How it is charged

We may capture the Hold for it (§ 4.2) and charge the rest under § 5.4.

11.5 Excessive cleaning

Cleaning beyond a normal turnover is charged at our cost: the cleaner's invoice, or time at the rate we pay. It includes:

• trash well beyond normal amounts, and dishes left unwashed;
• glitter, confetti or similar;
• stains needing carpet or upholstery cleaning;
• odour removal where no § 13 amount is charged;
• bodily-fluid cleanup;
• pet hair or waste beyond normal;
• re-cleaning a unit left unsanitary;
• cleaning outside the unit caused by your party.

11.6 Items left behind

Items left behind are at your risk. We hold items of obvious value for 30 days after check-out and return them at your cost, paid in advance. After that, or at once for perishables and items of little value, we may donate or dispose of them.

11.7 Your belongings

We don't provide a safe. You and your party keep belongings, money, valuables and vehicles at the Property at your own risk. To the fullest extent the law allows, we are not responsible for their loss or theft, or for damage to them, unless caused by our gross negligence or willful misconduct or that of our staff.

Where Va. Code § 35.1-28 applies, our liability is also limited as that section provides: $300 for apparel, baggage and other property taken from the unit; $250 for loss by fire or other disaster not caused by our negligence; and nothing for property taken when a door or window was left unlocked. These limits never apply to theft by our employees or agents.

12. Wi-Fi

Wi-Fi is a courtesy, with no guarantee of speed or availability, and an outage is not grounds for a refund. Don't use it for illegal activity, spam, malware, cryptocurrency mining, server hosting, or anything that exposes us to liability. You are responsible for all use of it during your Stay.

13. Agreed amounts for costly breaches

Each amount below is our advance estimate of costs that are real but hard to measure when you book: it is compensation, not a penalty. Each covers only the harms listed, and is the only amount we charge for those harms. Physical Damage, government or association fines, and other costs are recovered separately (§ 11).

What happens	Amount	Harms it covers
Smoking, vaping or other prohibited inhalation inside the unit or an indoor shared space (§ 9.1). Once per Stay.	$500	Odour removal (ozone and air-system treatment), laundering, deep cleaning, and nights we can't rent while the smell clears
A party or event (§ 8.3). Each time one happens.	$1,000	Response to the disturbance, extra staff and cleaning time, neighbour or association response, and one lost rental night
An undeclared pet (§ 10.4). Once per Stay.	$250	Allergen and hair removal, deep cleaning and laundering, inspection, and the risk of losing the next booking to an allergy complaint

13.1 Evidence

We charge an amount when we have reasonable evidence of the breach. Evidence can include photos, video, sensor data, or what is found at inspection. It can also be a report from our staff or cleaner, a neighbour, an association or the police.

13.2 Warnings

We may warn you, but a warning is not required before an amount applies.

13.3 Charging

From the Hold under § 4.2, with the notice there; any rest under § 5.4.

14. Parking

Park only where the House Rules and posted signs allow. Where signs say so, unauthorized vehicles may be towed at the owner's expense. Vehicles and their contents are at your own risk (§ 11.7).

15. Cameras, sensors and locks

15.1

No unit has a camera, or any device that records audio or video, anywhere inside it.

15.2 Cameras

Every property has exterior cameras. Where Schedule A says so, cameras also cover shared common areas, indoors or outdoors, such as entrances, hallways, parking and courtyards. Exterior cameras, and common-area cameras where Schedule A lists them, record video and audio. Signs are posted.

By booking or entering the Property you consent to this recording for yourself, and you agree to tell everyone in your party, and your visitors, about it. There is no camera anywhere inside any unit. We keep footage as long as we need it for security, operations, claims or legal reasons.

15.3 Sensors

Every property has smoke and carbon-monoxide alarms, noise sensors and vape/smoke sensors. Noise sensors measure sound level only, and are never in bedrooms or bathrooms. Vape/smoke sensors are in common living areas. Sensors never record audio or video.

A sensor reading may lead us to contact you, enter the unit (§ 7.7) or end the Stay, and may be used as evidence (§ 13.1). Don't cover, disable or tamper with any camera, sensor, alarm or lock. Doing so is a breach that may end the Stay, and you pay for any Damage. Sensors are not a monitored safety service: in an emergency, call 911.

15.4 Smart locks

Each use of your door code is logged. Lock logs are records of access and may be used as evidence, including in a payment dispute.

15.5 Use of records

We may use recordings, sensor data, lock logs and booking records for safety, security, operations, enforcing this Agreement, insurance, payment disputes and legal claims. We may share them with:

• our service providers and insurers;
• the property owner or association;
• your card issuer and our payment processor;
• law enforcement.

16. Events beyond our control

We are not responsible for any failure or delay caused by events beyond our reasonable control. Examples are severe weather, fire, flood, storm damage, epidemic, a government order, war, unrest, a failure of utilities, internet or other public services, and an association's or a neighbour's works or closures.

If such an event prevents us from providing your unit, we refund the nights we can't provide (§ 4.6), and that is your only remedy. Events that affect your travel, health or plans, but not our ability to provide the Property, don't entitle you to a refund; Cancellation Protection (§ 6.1(b)) is how you protect against them. Nothing in this section excuses a payment you owe.

17. Limits of liability

17.1 Amenities and your own risk

The Property and its amenities carry risks. Amenities include any pool, hot tub, lake, dock, beach, stairs, balcony, deck, fireplace, fire pit, grill, ski area, fitness or play equipment and association facility. We provide no lifeguard or supervision.

Some amenities belong to an association and follow its rules and seasons. We don't control them, and we don't refund if they are closed. You and your party use the Property and its amenities at your own risk, follow posted and association rules, and supervise children at all times. You accept the ordinary risks of these activities.

17.2 Limit and exclusions

To the fullest extent the law allows:

• (a) our total liability to you and your party for anything arising from this Agreement, your Reservation or your Stay, whatever the legal theory, is limited to the amount you paid us for that Reservation;
• (b) we are not liable for indirect, incidental, special or consequential losses, including other lodging or travel costs, lost profits or earnings, lost vacation time, inconvenience or emotional distress;
• (c) these limits also protect the property owner and our members, staff, cleaners and contractors.

These limits apply only to liability toward you, never to amounts you owe us. They don't apply to personal injury or death caused by our negligence, to our gross negligence, willful misconduct or fraud, or to anything else the law doesn't allow to be limited.

17.3 Third parties

We are not responsible for the acts or omissions of other guests, neighbours, associations, utilities, booking channels, payment processors or other third parties.

17.4 Service interruptions

Interruptions of utilities, Wi-Fi, appliances, equipment or amenities are not refunded. The only exception is a problem reported under § 8.5 that makes the unit unusable, and then only as that section says.

18. Claims by other people

You will defend, indemnify and reimburse us, the property owner, and our members, staff and contractors for all claims, losses, fines, damages and costs arising from:

• the acts or omissions of you, your party, your visitors or your animals;
• your breach of this Agreement or the House Rules;
• your violation of law;
• damage or injury you cause to others.

Reasonable attorneys' fees are included only for claims brought against any of us by third parties (anyone other than you), fines and penalties a government authority imposes on any of us, and our costs of responding to those claims, fines and penalties, in each case where they arise from any of the above. Between you and us, this § 18 never shifts attorneys' fees: § 20.4 alone governs them.

This does not cover losses caused by our own negligence or misconduct.

19. Billing questions and card disputes

If a charge looks wrong, you agree to contact us first at support@thewestendflats.com or 1-855-919-7368 and give us a chance to resolve it. Nothing in this Agreement, including § 20, limits your right to dispute a charge with your card issuer (§ 20.11).

If you dispute a charge, we may share records of your booking with your issuer and our processor: your acceptance, signature, receipts, messages, check-in, recordings and door-code use. If you dispute a valid charge and the dispute is decided in your favour, you still owe the amount, and we may collect it by other lawful means (§ 5.4).

20. Disputes and binding arbitration

Please read this section carefully. Except as § 20.6 allows, you and we agree to resolve disputes by binding individual arbitration, not in court. You and we each give up the right to a jury trial and to take part in a class, collective or representative action.

20.1 Notice, and 30 days to resolve it

Before either of us starts an arbitration, or a court case other than one under § 20.6(b), the party with the claim must send the other a written notice of dispute. The notice must give:

• the claimant's name, and the Reservation;
• a description of the claim;
• the relief and the amount wanted.

You must sign your notice personally, even if a lawyer represents you, and send it to the addresses in § 22.7. We send ours to the email address on your Reservation. Our itemized notice of an amount you owe (§§ 4.2, 5.4) counts as our notice for that amount.

For 30 days after a notice is received, we both try in good faith to resolve the dispute. Either of us may ask for a call during those 30 days, and the other will take part. Time limits for bringing the claim are paused during the 30 days. An arbitration started without this notice, or before the 30 days end, is not properly filed, and the arbitrator or provider may dismiss or pause it.

20.2 Binding individual arbitration

Except as § 20.6 allows, any dispute, claim or controversy between you and us is resolved only by final and binding arbitration of your and our individual claims. That covers anything arising out of or relating to:

• these Terms;
• your Reservation or your Stay;
• the Property;
• any payment, charge or message connected with them.

It applies whether the claim is based on contract, tort, statute or anything else. For this § 20, "we" and "us" include the property owner and our members, staff and contractors.

The arbitrator may award any individual relief a court could award, but only to the individual party and only as far as that party's own claim requires, and must follow these Terms and the law. Judgment on the award may be entered in any court with jurisdiction.

This § 20 is governed by the Federal Arbitration Act (9 U.S.C. § 1 and following), because your Reservation involves interstate commerce. Where that Act does not apply, the Virginia Uniform Arbitration Act (Va. Code § 8.01-581.01 and following) does.

20.3 Individual claims only: class, collective and representative waiver

You and we each bring claims only individually. Neither of us may bring a claim, or take part, as a plaintiff, claimant or class member in any class, collective, consolidated or representative action or arbitration. The arbitrator may not combine claims of different people, except for the administration § 20.8 describes, and may not award relief to anyone except the individual parties. This does not limit any government agency. If a court decides this § 20.3 can't be enforced for a claim, § 20.12 applies.

20.4 Costs of collection

If we have to take steps to collect an amount you agree, or a court or arbitrator decides, you owe under these Terms, in court or through a collection agency, you also pay our reasonable costs of doing so, to the extent the law allows. Those costs are court costs, collection costs and reasonable attorneys' fees. This applies only when we collect an amount you owe: never to a claim you bring, and never to a case we lose. Fees and costs in arbitration follow § 20.7. Otherwise each side pays its own lawyers, unless a law (such as the Virginia Consumer Protection Act) provides otherwise.

20.5 Earlier bookings

Bookings made before these Terms keep the terms they were made under, and this § 20 does not apply to them. Ask us for a copy.

20.6 What can go to court instead

• (a) Small claims (either of us). Either of us may bring an individual claim in the small claims division of a Virginia General District Court, if the claim is within that court's limit (now $5,000) and is pursued only individually. A case properly brought there stays in court, including if it is removed to the general district court or appealed.
• (b) Possession and urgent harm (either of us). Either of us may go to court to decide who has the right to be in the unit (including our unlawful detainer case or your claim to be let back in), or for a temporary restraining order or an injunction to stop ongoing or imminent harm to people or property. This does not limit our right to end a Stay and end access where the law allows (§ 7.6).
• (c) Amounts you owe (us only). We may also bring an individual case in a Virginia General District Court, within that court's limit, to collect an amount you owe under these Terms (including under §§ 4.2, 5.4, 7.4, 10.4, 11 and 13). We keep this option because, under the provider's consumer rules, we would pay all the fees of any arbitration we start, and an arbitration award must still be taken to court before it can be collected. Before we file, we send you our itemized notice and wait 30 days (§ 20.1).
• (d) Your claims in our case. If we bring a case under (c), you may defend it fully, and you may also bring in that same case, individually, any claim you have against us that arises from the same Reservation or Stay and is within that court's jurisdiction — or bring that claim in arbitration instead. Our case does not waive arbitration of anything else: every other claim between us, including a claim about a different Reservation and any class, collective or representative claim, stays under §§ 20.2 and 20.3. The court where a case is brought under this § 20.6 decides whether the case, or a claim in it, belongs there.
• (e) If part of this § 20.6 can't be enforced. If a court or arbitrator decides that (c) or (d), or any part of (b), can't be enforced, only that part is removed; claims it covered then go to small claims under (a) or to arbitration, and the rest of this § 20 still applies.

20.7 Provider, rules, fees and place

The American Arbitration Association (AAA, adr.org) administers the arbitration under its Consumer Arbitration Rules, and its Mass Arbitration Supplementary Rules where they apply, as this § 20 modifies them. If the AAA can't or won't administer it, we will agree on another provider; if we can't agree, a court appoints one under 9 U.S.C. § 5. If the provider will administer a case only if a provision of this § 20 is waived, we may waive it for that case.

Fees follow the provider's consumer fee schedule. Your filing fee is capped by those rules, and we pay the rest of the fees they assign to the business. The arbitrator may change who pays only as those rules allow, for example for a frivolous claim.

The arbitration is decided on written submissions, or at a video or telephone hearing. If the arbitrator orders an in-person hearing, it is held in the City of Roanoke, Virginia, unless the provider's rules require another place. Each side pays its own lawyers, unless the law or the provider's rules allow the arbitrator to award fees.

20.8 Mass arbitration

This section applies if 25 or more similar demands are brought against us by, or with the help of, the same or coordinated lawyers or organizations.

• (a) The provider's mass-arbitration rules apply, including any process arbitrator they provide. That arbitrator decides administrative questions, such as whether each demand meets the filing requirements and § 20.1.
• (b) First cases. The claimants' lawyers and we each choose up to 10 demands, and those go forward first, each as a separate individual arbitration. The other demands are held, and no fees for them are due until they go forward, to the extent the provider's rules allow. Time limits for held claims are paused.
• (c) Mediation. Once the first cases are decided, the parties mediate the rest for up to 60 days, and we pay the mediator.
• (d) Batches. Demands not resolved by then go forward in batches of up to 100. Each batch goes to one arbitrator, and each claim in it is still decided individually. Fees are charged per batch, to the extent the provider's rules allow.
• (e) No result in one case binds anyone who isn't a party to that case.

If the provider won't administer demands under this § 20.8, its own mass-arbitration rules apply instead. A court may enforce this § 20.8.

20.9 Who decides

The arbitrator decides every dispute about the interpretation, scope, validity, enforceability or arbitrability of this § 20, including whether a claim must be arbitrated. There are two exceptions: a court, not an arbitrator, decides any dispute about the validity, enforceability or effect of § 20.3 (the class, collective and representative waiver); and the court where a case is brought under § 20.6 decides whether that case, or a claim in it, belongs there.

20.10 Jury trial waiver

TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND WE EACH KNOWINGLY AND VOLUNTARILY GIVE UP ANY RIGHT TO A TRIAL BY JURY in any case arising out of or relating to these Terms, your Reservation or your Stay, including any case in court under § 20.6 or § 20.12.

20.11 Card disputes are not affected

This § 20 does not affect your right to dispute a charge with your card issuer, and a card dispute is not a claim under it. We may answer a card dispute with our records (§ 19).

20.12 Survival, severability and changes

• Survival. This § 20 survives the end of your Stay and the cancellation of your Reservation.
• If the class waiver falls. If a court decides § 20.3 can't be enforced for a claim seeking class, collective or representative relief, that claim, and only that claim, goes to the courts in § 21. It is paused there until the individual claims in arbitration have been decided, and it is never arbitrated as a class.
• Severability. If any other part of this § 20 can't be enforced, only that part is removed, and the rest still applies.
• No changes after you book. We will not change this § 20 for a Reservation you have already made, or for a dispute you have already notified us of. A change applies only to Reservations made after it is published.

21. Governing law and courts

The Federal Arbitration Act governs § 20. Otherwise, Virginia law governs this Agreement.

Any court case you bring that § 20 allows to be in court must be brought in the General District Court (including its small claims division) or the Circuit Court for the City of Roanoke, Virginia. We bring our court cases there too; either of us may enforce a judgment or award in any court with jurisdiction. You consent to the jurisdiction and venue of the City of Roanoke courts.

22. General

22.1 Severability

If a court decides any part of this Agreement can't be enforced, only that part is removed, and the rest stays in effect.

22.2 No waiver

If we don't enforce a term, or we give you a goodwill refund or exception, that never waives the term. It also never entitles you, or anyone else, to the same again.

22.3 The whole agreement

The whole agreement is these Terms, Schedule A, your property's House Rules, and the cancellation terms and disclosures shown at checkout. Confirmations and receipts are records of them. If one conflicts with these Terms, these Terms control, and we may correct errors in it.

Nothing our staff say in conversation, and nothing in a message, changes this Agreement unless we confirm the change in writing. Our Privacy Policy (https://thewestendflats.com/privacy) explains how we handle personal information. It is a notice, not part of this Agreement.

22.4 Transfer

You may not transfer your Reservation without our written consent. We may transfer this Agreement or any Reservation to an affiliate, to a successor, or to a new owner or manager of the property. If a property is sold or leaves our management, we may instead cancel the affected Reservations and refund what you paid for the nights we don't provide (§ 4.6).

22.5 Changes to these Terms

We may update these Terms at any time by publishing a new version. The version in effect when you booked governs that Reservation and everything you buy for that Stay. A new version applies to Reservations made after it is published, and we never change § 20 for a Reservation already made (§ 20.12). Changes to House Rules follow § 8.1. We keep a copy of the Terms you accepted and send it on request.

22.6 Survival

§§ 5, 10.5, 11, 13, 15 and 17–22 continue after your Stay.

22.7 Notices

We send notices to the email address and mobile number on your booking or online check-in, and a notice is given when we send it. Keep them current. Send notices to us at support@thewestendflats.com, and legal notices also by mail to West End Flats LLC, 515 8th St SW, Roanoke, VA 24016.

23. Contact

West End Flats LLC, doing business as The West End Flats · 515 8th St SW, Roanoke, VA 24016, USA · 1-855-919-7368 · support@thewestendflats.com · https://thewestendflats.com

24. Texts, calls and emails

24.1 Booking texts

If you give us a mobile number, directly or through a booking channel, you agree that The West End Flats may text you at that number about your booking and Stay, from 1-855-919-7368. These texts include confirmations, check-in steps, your door code, receipts, help during your Stay, check-out details and replies. Message frequency varies. You may ask us to use email instead.

24.2 Offers only if you opt in

We text offers (for example an extra night, early check-in or late check-out for a fee, or a future-stay discount) only if you tick the optional offers box at online check-in.

• The box is never pre-ticked, and ticking it is not a condition of purchase.
• These are recurring automated marketing texts; message frequency varies.
• We send them only between 8:00 a.m. and 9:00 p.m. in both your time zone and the property's.
• Each names The West End Flats and says how to opt out.
• Your consent covers The West End Flats only.

24.3 Stopping texts

Reply STOP (or END, QUIT, CANCEL, UNSUBSCRIBE, REVOKE or OPTOUT), or tell us any other reasonable way. We act on it promptly, and within 10 business days, and may send one text confirming it.

A keyword reply blocks all texts from that number, including door codes, and does not cancel your booking. Reply START to resume. Opting out of offers any other way stops offers only.

24.4 Help and cost

Reply HELP, or contact support@thewestendflats.com or 1-855-919-7368. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

24.5 Your number is not shared

We do not sell, rent or share your mobile number or text opt-in with third parties for their marketing; our service providers use them only to send our texts. Text-messaging opt-in data and consent will not be shared with any third parties.

24.6 Calls

Calls to and from our numbers may be answered by an automated assistant, and may be recorded and transcribed. By calling us, you consent to that.

24.7 Emails

Booking emails are not marketing, and they continue while you have a Reservation. Marketing emails have an unsubscribe link, which stops marketing emails within 10 business days.

Guest Acknowledgement

Checkout, direct bookings: one required box. The box reads: "I agree to the Terms of Service (including binding arbitration and a class-action waiver), Cancellation Policy, House Rules and Privacy Policy, and to receive records electronically."

The card-on-file line sits directly under the box, separate from it and from the general terms (Visa Core Rules, Table 5-20). It reads as follows, with your property's Hold amount (Schedule A) in place of [Hold]:

Card on file: Stripe will keep this card on file. Without asking you again, we may charge it in U.S. dollars for the [Hold] deposit hold and, when they arise, for extras you add and amounts you owe under Terms § 5.2 (such as holdovers, damage or cleaning).

Offers by text are a separate, optional box at online check-in (§ 24.2).

Online check-in, direct bookings. By signing you confirm that you are at least 18. You also confirm that these Terms and the House Rules govern your Stay, including:

• the cancellation terms (§ 6);
• the Hold and its capture (§ 4.2);
• the card-on-file charges (§ 5.2);
• the agreed amounts (§ 13);
• the cameras and sensors (§ 15);
• the limits of our liability (§ 17);
• binding individual arbitration, with no class actions and no jury trial (§ 20).

You also confirm that you have told everyone in your party about them.

Online check-in, booking-channel reservations. By signing you:

• agree to the House Rules;
• authorize the Hold, and its capture, on the card you enter (§ 4.2);
• agree to §§ 15 to 18 and to binding individual arbitration (§ 20), to the extent your channel's terms allow (§ 1.3).

Schedule A: property facts

Part of this Agreement.

Operator: West End Flats LLC, doing business as The West End Flats, 515 8th St SW, Roanoke, VA 24016.

• The West End Flats: 515 8th St SW, Roanoke, VA 24016 (City of Roanoke). 23 units (101-108, 201-207, 209-216). Eastern time.
• Check-in from 3:00 p.m.; check-out by 11:00 a.m. Quiet hours 10:00 p.m. to 8:00 a.m. Primary guest 18 or older.
• Room types: Standard, Deluxe, Premium (§ 4.5). Maximum guests: 2 per unit. Visitors: as § 8.4 allows. Cleaning fee: none. Hold: $200.
• Early check-in / late check-out: $25.
• Pets: up to 2 dogs, at the pet fee shown when you add them (§ 10.3). No cats.
• Parking: in the private lot on the south side of the building (about 40 unmarked spaces, EV charging; enter from 8th Street SW), or non-metered curb parking on 8th Street SW. At your own risk (§ 14).
• Cameras (§ 15.2): exterior cameras (including the parking lot and courtyard), and cameras in the building's indoor common areas (hallways and entrances), with signs posted. None inside any unit.
• Sensors (§ 15.3): smoke and carbon-monoxide alarms, noise sensors and vape/smoke sensors.
• Taxes as shown at checkout.
• Card statement name: THE WEST END FLATS.