Legal

Terms of Service

Effective date: 2026-05-05 · Property: The West End Flats, 515 8th Street SW, Roanoke, VA 24016 · Operator: Rent4Vacay LLC

These Terms of Service form a binding contract between you and The West End Flats. Please read them carefully — they include important provisions about payment authorization (Section 5), damage charges (Section 11), pre-dispute notice (Section 19), and binding arbitration with class-action waiver (Section 20). By making a reservation, completing the check-in form, paying any deposit, or staying at The West End Flats, you confirm that you have read, understood, and agreed to these Terms in full.

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding contract between you ("Guest," "you," or "your") and Rent4Vacay LLC d/b/a The West End Flats ("Hotel," "we," "us," or "our"). By making a reservation, completing the check-in form, accessing the property, paying any deposit, or staying at The West End Flats, you represent that you (a) have read these Terms in full, (b) have the legal capacity to enter into a binding contract, (c) accept these Terms on your own behalf and on behalf of every Party Member as defined in Section 3.5, including their independent waivers under Sections 17, 19, and 20, and (d) authorize the charges described herein. If you do not agree to any part of these Terms, you must not make a reservation or stay at the property.

These Terms incorporate by reference our Privacy Policy, House Rules, and any property-specific information emailed to you with your reservation, all of which together constitute the entire agreement between us.

2. Definitions

"Reservation" means the booking made via our website, by phone, or through any third-party channel (Airbnb, VRBO, Booking.com, Expedia, etc.).
"Stay" means the period from check-in until check-out as specified in the Reservation, plus any additional time the Guest occupies the property.
"Booking Channel" means the platform through which the Reservation was made.
"Authorized Occupant" means a Guest listed on the Reservation at the time of booking and approved by the Hotel.
"Damages" means any cost to repair, replace, or restore property to pre-Stay condition, plus lost revenue from rooms that cannot be rented during repairs.
"Property" means the building, individual unit, common areas, grounds, fixtures, furnishings, equipment, and any items therein.

3. Eligibility & Guest Representations

3.1 Minimum Age

The primary Guest making the Reservation and checking in must be at least 18 years of age. Government-issued photo identification will be verified at or before check-in. Guests under 18 may stay only if accompanied by a parent or legal guardian who is the primary Guest on the Reservation.

3.2 Authority

By booking, you represent that you have the authority to enter into this agreement, are not acting on behalf of any person under sanction or restriction, and are not booking for an unlawful purpose.

3.3 Identity Verification

You agree that we may verify your identity using the photo ID you provide, the credit card on file, third-party verification services, and any check-in form information. We may require additional verification if information appears inconsistent. We may cancel any Reservation, with refund of pre-paid stay charges only (less any non-refundable amounts disclosed below), if identity verification fails.

3.4 Capacity to Contract

Guests under the influence of alcohol or controlled substances at check-in to the degree they cannot meaningfully consent to these Terms, or who refuse to provide ID, may be denied check-in without refund.

3.5 Authority to Bind Party; Application to All Occupants and Invitees

The primary Guest represents and warrants that they have actual authority from every Authorized Occupant, invitee, accompanying minor, accompanying partner or family member, and any other person they bring to or admit onto the Property (collectively, "Party Members") to bind those persons to these Terms. The primary Guest agrees to inform every Party Member of these Terms before that Party Member enters the Property.

By entering, occupying, sleeping at, using any amenity of, or otherwise being on the Property as a Party Member of the primary Guest, each Party Member is independently bound by, and is deemed to have agreed to, every obligation, waiver, authorization, and limitation in these Terms, including without limitation:

The payment authorization in Section 5 (to the extent any Party Member's payment instrument is used);
The house-rules, occupancy, and conduct obligations in Section 8;
The smoking, drug, and firearm prohibitions in Section 9;
The damage and excessive-cleaning liability in Section 11;
The Wi-Fi acceptable-use rules in Section 12;
The surveillance and smart-lock-log disclosures in Section 14;
The force-majeure provisions in Section 16;
The limitation of liability and short statute of limitations in Section 17;
The indemnification obligations in Section 18;
The pre-dispute notice requirement and chargeback policy in Section 19; and
The binding arbitration agreement, class-action waiver, and jury-trial waiver in Section 20.

If any Party Member asserts a claim against the Hotel relating to their stay or to any incident on or near the Property, that claim is subject to all of the same dispute-resolution procedures and waivers as if it had been brought by the primary Guest. No Party Member may proceed against the Hotel in court (including but not limited to small-claims court), in a class or representative action, or before a jury — the same arbitration agreement in Section 20 applies to them.

For accompanying minors and any Party Member who lacks legal capacity to enter into a contract on their own, the primary Guest binds that Party Member as their parent, legal guardian, or authorized representative. The primary Guest agrees to defend and indemnify the Hotel for any claim, defense cost, settlement, or attorney fee that arises because (a) a Party Member attempts to repudiate this agreement, (b) a Party Member claims they were not bound by these Terms, or (c) a parent, guardian, or representative of an accompanying minor attempts to bring a claim against the Hotel.

4. Reservations

4.1 Required at Booking

Valid government-issued photo ID
Valid credit card in the name of the Guest making the Reservation
Working email address and phone number
Acceptance of these Terms (digitally captured at booking and at check-in)

4.2 Pre-Authorization

We may pre-authorize the credit card on file for the full Reservation amount, the security deposit, and any additional fees at any time before, during, or up to seven (7) days after the Stay. Pre-authorizations are not charges; however, they may temporarily reduce your available credit. Released pre-authorizations may take 5–10 business days to disappear from your statement, depending on your card issuer.

4.3 Booking Channel Differences

Reservations made through Airbnb, VRBO, Booking.com, Expedia, or other third-party channels are also subject to that channel's terms and cancellation policies. Where a third-party policy conflicts with these Terms, the third-party policy governs that channel's reservation; otherwise these Terms apply.

4.4 Reservation Confirmation

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

5. Payment, Charges & Express Authorization

This Section 5 is the most important section. By making a Reservation you expressly authorize the charges listed below.

5.1 Charge Authorization

You expressly authorize The West End Flats and our payment processor (Stripe / Rent4Vacay LLC) to charge the credit card on file, without further authorization, for any of the following:

(a) the full Reservation amount, taxes, and fees;
(b) any security deposit / authorization hold (currently $200, subject to change at our discretion based on group size, length of stay, or risk assessment);
(c) charges for incidentals consumed during the Stay (premium amenities, parking, late checkout, early check-in, etc.);
(d) charges for Damages assessed pursuant to Section 11;
(e) penalty charges set forth in these Terms (smoking, unauthorized pets, additional occupants, party violations, etc.);
(f) cleaning fees in excess of standard turnover (Section 11.5);
(g) lost revenue resulting from rooms or units rendered unavailable by Damages or extended cleaning;
(h) chargeback recovery costs if a dispute is initiated in violation of Section 19; and
(i) any other amount that is owed under these Terms.

5.2 Statement Descriptors

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

5.3 Charge Notification

Where Damage, penalty, or post-Stay charges are assessed under these Terms, we will (a) send an itemized invoice with photo or video evidence where applicable to the email on file, and (b) provide at least seventy-two (72) hours for the Guest to respond before processing the charge, except for charges that are explicitly disclosed in advance (room rate, cleaning fee, taxes, no-show penalty, smoking penalty, late checkout penalty, additional occupant penalty), which may be charged immediately and without prior notice.

5.4 No-Show Charges

A no-show is a Reservation for which the Guest does not arrive and does not cancel before the cancellation deadline. No-show Reservations are charged the full Reservation amount, including taxes and fees, with no refund.

5.5 Failed Payments

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

5.6 Currency

All amounts are in U.S. dollars (USD).

6. Cancellation, Modification & Refund Policy

6.1 Direct Bookings (thewestendflats.com)

Direct bookings are non-refundable. However, as a courtesy, if you cancel and we successfully re-book the cancelled nights at the same rate, we will issue a refund for the re-booked nights only, less a processing fee equal to the greater of $25 or 5% of the re-booked amount.

6.2 Cancellation Protection (Optional Add-On)

If you opted in to Cancellation Protection at booking and paid the associated 20% premium, you may cancel up to twenty-four (24) hours before scheduled check-in for a full refund of the stay total, less the Cancellation Protection premium (which is non-refundable). Cancellations less than 24 hours before check-in, no-shows, and early departures are not refundable even with Cancellation Protection.

6.3 OTA Bookings

Reservations made through Airbnb, VRBO, Booking.com, or Expedia are governed by that channel's cancellation policy. Refund requests for OTA reservations must be initiated through that channel, not directly with us.

6.4 Modifications

Date changes, length-of-stay changes, and unit changes are subject to availability and may incur a re-booking fee. We may refuse modifications that result in a lower total, that violate minimum-stay rules, or that 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 will be issued 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 Section 16. Force-majeure cancellations by the Hotel result in a refund of pre-paid stay charges only, less any non-refundable amounts disclosed; we are not liable for consequential damages including the cost of alternative lodging, transportation, or any opportunity cost.

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

7.1 Check-In

Standard check-in is 3:00 PM Eastern Time. Early check-in is subject to availability and additional fees ($25 unless otherwise quoted).

7.2 Check-In Form

Before access codes are issued, the primary Guest must complete our online check-in form, which captures (a) photo ID, (b) full names of all Authorized Occupants, (c) acceptance of these Terms, (d) emergency contact, and (e) any authorizations and disclosures required by law. Failure to complete the check-in form by 1:00 PM ET on the day of check-in may result in delayed access; failure to complete it by 8:00 PM ET on the day of check-in may result in cancellation without refund.

7.3 Door Codes

Access codes are issued via SMS and email at or before 3:00 PM on the day of check-in. Codes are personal to the Reservation and may not be shared with anyone not listed as an Authorized Occupant. Sharing codes with third parties is grounds for immediate eviction without refund and a $250 security violation fee.

7.4 Check-Out

Standard checkout is 11:00 AM Eastern Time. Late checkout is subject to availability ($25 if available; we may offer this proactively). Failure to vacate by checkout time without an approved late checkout will result in a charge equal to the published nightly rate plus a $50 holdover penalty per hour.

7.5 Right to Refuse Service

We reserve the right, at our sole discretion and without prior notice, to refuse service, refuse check-in, evict, or terminate a Stay if (a) any of these Terms is violated, (b) identity verification fails, (c) the Guest's behavior is disruptive, threatening, intoxicated, or unlawful, (d) the Guest refuses to provide a working credit card or government-issued ID, (e) the Guest exceeds occupancy limits, or (f) any other reasonable basis. In any of these situations, no refund is owed.

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 PM to 8:00 AM. Excessive noise outside these hours that draws complaints may also result in eviction.

8.3 No Parties or Events

The property is leased for residential lodging purposes only. Parties, gatherings of more than the maximum occupancy listed in your Reservation, commercial activity (including but not limited to filming, photography, weddings, receptions, business meetings exceeding occupancy), and any event that disturbs neighbors are strictly prohibited. Violation results in immediate eviction without refund and a minimum $1,000 party-violation fee, plus all associated cleaning, repair, and lost revenue costs.

8.4 Maximum Occupancy

Occupancy is strictly limited to the number of Guests listed on the Reservation and approved at check-in. Unauthorized occupants are charged $100 per person per night, and may also result in immediate eviction without refund and a $250 misrepresentation fee.

9. Smoking, Vaping, Drugs, Firearms

9.1 No Smoking

Smoking, vaping, e-cigarette use, hookah, marijuana, cannabis, and any combustion or vapor-producing inhalation is strictly prohibited inside the unit, on patios immediately adjacent to the unit, and in all common interior spaces. Designated smoking areas, if any, will be identified at check-in.

9.2 Penalty

A $500 penalty applies to each detected smoking incident. We use combination smoke + vape + cannabis sensors and may also rely on visual evidence, odor detection by professional cleaners, or guest reports. Repeat or severe violations resulting in extended ozone treatment or rendering the unit unrentable will be charged at the full cost of remediation plus lost revenue.

9.3 Drugs

The use, possession, manufacture, or sale of any controlled substance not legally prescribed to the Guest in possession is strictly prohibited and will result in immediate eviction without refund and notification of law enforcement.

9.4 Firearms

Possession of firearms inside the unit is prohibited unless permitted under Virginia law and disclosed to and approved by management at check-in. Brandishing, discharging, or threatening any person with a firearm on the property is grounds for immediate eviction and law-enforcement notification.

10. Pets, Service Animals & Emotional Support Animals

10.1 Service Animals

ADA-defined service animals are welcome at no charge. We may ask the two questions permitted under the ADA: (a) is the animal required because of a disability, and (b) what work or task the animal has been trained to perform.

10.2 Emotional Support Animals

Emotional support animals (ESAs) are not service animals under the ADA. ESAs are treated as pets and require pre-approval and the standard pet fee.

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 full repair/replacement cost plus, where applicable, lost revenue.

10.4 Unauthorized Pets

A non-refundable $250 cleaning + sanitization fee applies to any unauthorized pet detected, plus the standard pet fee, plus any documented Damage. Repeat or severe unauthorized-pet incidents are grounds for eviction without refund.

10.5 Liability

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

11. Property Damage, Assessment & Charges

11.1 Guest Liability

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

11.2 Damage Assessment

Damage is assessed by Hotel staff, contractors, or property managers within seven (7) calendar days of checkout, except for hidden Damage that requires deeper inspection (water damage, HVAC, electrical), which may be assessed up to thirty (30) calendar days post-stay.

11.3 Charge Schedule

Damage charges include: (a) actual repair or replacement cost using market-rate vendors, (b) labor at standard rates, (c) lost revenue from any unit rendered unrentable while repairs are completed, computed at the median nightly rate of the prior 30 days, and (d) administrative time at $50/hour.

11.4 Notice & Evidence

Per Section 5.3, you will receive an itemized invoice with photo or video evidence where applicable, and 72 hours to respond. Disputes within those 72 hours will be reviewed in good faith. After 72 hours of no response, the charge is final and will be processed against the card on file.

11.5 Excessive Cleaning

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

Trash left exceeding standard household quantities
Removal of glitter, confetti, slime, or similar
Carpet shampooing for stains
Smoke / odor remediation (see 9.2)
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 Lien

Pursuant to Va. Code § 35.1-29, we have a lien on any property left by the Guest in the unit for unpaid charges. Items not claimed within thirty (30) days, after written notice, may be sold or disposed of, with proceeds applied to outstanding charges. Items of obvious value (jewelry, electronics, prescription medications) will be held longer and an effort will be made to return them, but no warranty of safekeeping is made.

12. Wi-Fi & Technology Acceptable Use

12.1 Wi-Fi Use

Wi-Fi is provided as a courtesy. You agree not to use the network for: (a) illegal activity (including but not limited to copyright infringement, unauthorized access to systems, 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 service 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.

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. Parking & Vehicles

13.1 Designated Spaces Only

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

13.2 Vehicle Liability

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

14. Surveillance & Privacy Disclosure

14.1 Common Areas Only

Video surveillance is in operation in common areas (entrances, hallways, parking, courtyards) for security purposes. There are no cameras inside any guest unit, including bathrooms or bedrooms.

14.2 Recordings

Recordings may be retained, reviewed, and used as evidence in disputes, insurance claims, or law-enforcement matters. Recordings may also be used in connection with chargeback defense.

14.3 Smart Locks

Door codes are unique per Reservation. Each unlock event is logged and may be used as evidence of arrival, occupancy, and the identity of the person using the code.

15. Photography & Media

15.1 Promotional Use

You consent to the Hotel's use of photography and video taken in common areas of the property, in marketing materials, social media, and on our website, provided no Guest is individually identifiable.

15.2 Reviews

You consent to the Hotel responding publicly, factually, and professionally to any review you post on Google, Airbnb, VRBO, Booking.com, Expedia, or any other platform.

16. Force Majeure

16.1 We are not liable, and the 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 outside our reasonable control, including but not limited to: acts of God, severe weather, earthquakes, floods, fire, hurricanes, tornadoes, snowstorms; pandemics or epidemics, including any government-mandated travel or operational restrictions; civil disturbances, 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, labor actions, or supply-chain disruptions; injunctions or regulatory action; and any other cause beyond our reasonable control.

16.2 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 consequential or incidental damages.

17. Limitation of Liability

17.1 Maximum Liability

To the maximum extent permitted by law, our total aggregate liability to you for any claim arising out of or related to your Reservation, your Stay, the property, or these Terms, regardless of the form of action (contract, tort, statute, or otherwise), is limited to the total amount you actually paid us for the Stay giving rise to the claim.

17.2 Excluded Damages

In no event are we liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, loss of business opportunity, alternative lodging costs, transportation costs, emotional distress, lost vacation time, or loss of enjoyment, even if we have been advised of the possibility of such damages.

17.3 Personal Property

We are not responsible for lost, stolen, or damaged personal belongings, including items left in the unit, in vehicles, or in common areas. We strongly recommend personal travel insurance.

17.4 Other Guests & Third Parties

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

17.5 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 Virginia law.

17.6 Statute of Limitations

Any claim against us must be filed within one (1) year of the event giving rise to the claim. After that period, the claim is forever barred.

17.7 Application to All Party Members

Every limitation of liability, exclusion of damages, and statute of limitations in this Section 17 applies equally to claims by the primary Guest and to claims by any Party Member as defined in Section 3.5. No Party Member may circumvent these limitations by recasting their claim in tort, statute, or any other theory of recovery.

18. Indemnification

You agree to defend, indemnify, and hold harmless the Hotel, Rent4Vacay LLC, our owners, members, officers, employees, contractors, agents, and successors, from and against any claim, demand, suit, judgment, settlement, fine, damage, loss, cost, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your acts or omissions, or those of any member of your party or invitee; (b) your breach of these Terms; (c) your violation of any law; (d) your alleged misrepresentation in connection with the Reservation, check-in, or Stay; (e) any damage you cause to the property or to any third party; or (f) any chargeback initiated in violation of Section 19.

19. Pre-Dispute Notice & Chargeback Policy

This Section 19 is a contractual prerequisite to any payment dispute. Read it carefully.

19.1 Mandatory Pre-Dispute Notice

Before initiating a chargeback, dispute, or reversal of any charge with your card issuer, you must first provide written notice of the dispute to us at support@thewestendflats.com and allow us thirty (30) calendar days to investigate and respond. We will respond in good faith with itemized evidence.

19.2 Chargebacks in Violation of 19.1

If you initiate a chargeback without first complying with Section 19.1, you agree that:

(a) you breached this contract;
(b) you authorize us to recover the full original charge plus a chargeback recovery fee equal to the greater of $50 or the actual fees, costs, and lost time we incur defending the chargeback;
(c) we may submit this Section, along with all booking, check-in, surveillance, smart-lock, and other evidence in our possession, to your card issuer as documentation of pre-authorized charges;
(d) we may report the chargeback to industry chargeback-prevention databases and to any OTA (Airbnb, VRBO, Booking.com) we operate on, which may affect your ability to book future stays with us or with other operators;
(e) we may pursue any other remedy available under law, including legal action for breach of contract; and
(f) reasonable attorneys' fees and collection costs are recoverable to the fullest extent permitted by law.

19.3 Evidence We Will Submit

In any payment dispute, we may submit the following as evidence of pre-authorized charges and Guest acceptance: (a) the Reservation confirmation; (b) these Terms with the date and IP address of acceptance; (c) the completed check-in form, including ID and signed Terms acceptance; (d) door-code unlock logs; (e) common-area surveillance footage; (f) photo or video evidence of Damage; (g) communications between Guest and Hotel; and (h) industry-standard transaction data (AVS, CVV, 3-D Secure where applicable).

19.4 Friendly Fraud

Fraudulent disputes (e.g., disputing a stay you took, disputing a charge you authorized) violate federal Mail and Wire Fraud statutes (18 U.S.C. §§ 1341, 1343) and Virginia law and may be referred to law enforcement and to credit reporting agencies, in addition to all civil remedies above.

20. Dispute Resolution; Arbitration; Class-Action Waiver

20.1 Informal Resolution First

You agree first to attempt to resolve any dispute informally by contacting us at support@thewestendflats.com. Most disputes are resolved this way. We agree to respond within ten (10) business days.

20.2 Mandatory Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or related to these Terms, your Reservation, your Stay, or our services, whether in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will be held in Roanoke, Virginia, or by remote video at the arbitrator's discretion. The arbitrator's award is final and may be enforced in any court of competent jurisdiction.

20.3 Class-Action and Jury-Trial Waiver — Applies to All Party Members

YOU AND THE HOTEL EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY.

The waivers in this Section 20.3 — and the binding arbitration agreement in Section 20.2 — apply equally to the primary Guest, every Authorized Occupant, every invitee, and every Party Member as defined in Section 3.5. No claim by any Party Member may proceed in court, before a jury, or as part of a class. The primary Guest is responsible for informing every Party Member of these waivers before they enter the Property.

Any provision of this Section 20 found unenforceable as to a class or representative claim is severable from the remainder of these Terms; the remainder is enforced to the maximum extent permitted by law.

20.4 Limited Carve-Out (Injunctive Relief Only)

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 prevent ongoing breach of Section 8 (House Rules), Section 9 (Smoking, Drugs, Firearms), Section 11 (Damages), or to enforce intellectual-property rights. All other disputes — including any claim for monetary damages of any size, regardless of dollar amount — must be resolved through binding arbitration under Section 20.2. Small-claims court is not available for claims arising under or related to these Terms.

20.5 Opt-Out

You may opt out of arbitration by sending written notice to support@thewestendflats.com within thirty (30) days of first booking. Opting out does not affect your obligations under any other section.

20.6 Fees and Costs of Arbitration

To the maximum extent permitted by applicable law and by the rules of the American Arbitration Association ("AAA") then in effect, the Guest, every Authorized Occupant, every invitee, and every Party Member as defined in Section 3.5 (each, an "Initiating Party") shall bear all costs and fees of any arbitration that the Initiating Party commences against the Hotel under this Section 20, including:

(a) the AAA filing fee and any case-management fee;
(b) the arbitrator's compensation, hearing fees, and travel costs;
(c) the cost of any expert witness retained by the Initiating Party;
(d) the Initiating Party's own attorneys' fees; and
(e) the Hotel's reasonable attorneys' fees and costs incurred in defending the arbitration, where awarded under Section 20.7.

If the AAA Consumer Arbitration Rules (or any other rules deemed applicable) require the Hotel to bear any portion of the Initiating Party's arbitration fees as a condition of enforceability of this arbitration agreement, the Hotel will pay only the minimum amount those Rules require and not one cent more, and the Initiating Party remains fully responsible for all remaining costs and fees enumerated above. If a court of competent jurisdiction finds any portion of this Section 20.6 unenforceable, that portion is severable under Section 22.1 and the remainder of Section 20 — including the binding arbitration agreement, class-action waiver, and jury-trial waiver — remains in full force and effect.

20.7 Prevailing-Party Attorneys' Fees

The prevailing party in any arbitration, court action, or other proceeding arising out of or related to these Terms shall be entitled to recover from the non-prevailing party its reasonable attorneys' fees, expert-witness fees, costs, and arbitration expenses, in addition to any other relief awarded. If the arbitrator (or court) finds the Initiating Party's claim was frivolous, brought in bad faith, brought for purposes of harassment, brought without first complying with the pre-dispute notice requirement of Section 19.1, or otherwise materially in breach of these Terms, the arbitrator (or court) shall award the Hotel its full attorneys' fees, costs, and arbitration expenses regardless of the outcome on the merits.

21. Governing Law & Venue

21.1 Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles.

21.2 Exclusive Venue

For any action not subject to arbitration, exclusive venue is the state and federal courts located in Roanoke, Virginia. You consent to personal jurisdiction in those courts and waive any objection based on inconvenient forum.

22. Severability & Entire Agreement

22.1 Severability

If any provision of these Terms is held unenforceable, the remainder of the Terms remains in full force and effect. The unenforceable provision is to be modified to the minimum extent necessary to make it enforceable while preserving its intent.

22.2 No Waiver

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

22.3 Entire Agreement

These Terms, our Privacy Policy, House Rules, and the email confirmation of your Reservation constitute the entire agreement between you and the Hotel. They supersede all prior or contemporaneous agreements, communications, or representations on the same subject.

22.4 Assignment

You may not assign your rights or obligations. We may assign ours upon written or email notice.

23. Survival

Sections 5 (Payment Authorization), 11 (Damages), 17 (Limitation of Liability), 18 (Indemnification), 19 (Pre-Dispute Notice & Chargebacks), 20 (Arbitration & Class-Action Waiver), 21 (Governing Law & Venue), 22 (Severability), and this Section 23 survive termination of these Terms or the end of any Stay.

24. Amendments

We may amend these Terms at any time. The effective version is the version posted at thewestendflats.com/terms on the date of your Reservation; that version governs your Stay. Material changes will be emailed to existing Guests with future Reservations at least seven (7) days before they take effect.

25. Contact

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

By making a Reservation, completing the check-in form, paying any deposit, or staying at The West End Flats, you confirm that you have read, understood, and agreed to these Terms of Service in full. You acknowledge that these Terms are a binding contract and that they include important provisions regarding payment authorization (Section 5), Damage charges (Section 11), pre-dispute notice (Section 19), and binding arbitration with class-action waiver (Section 20).