By booking this reservation, you agree to the additional policies, terms, and conditions below.

HOUSE SPECIFIC TERMS

• Guests must be at least 25 years of age to book. Guests under 25 must be accompanied by a parent or legal guardian for the duration of the reservation.

• No tape or adhesive is allowed to be attached to the walls.

• Occupancy is limited to the max amount of guests shown in the listing.

• All guests shall abide by Sway Vacation Rentals’s good neighbor policy and shall not engage in illegal activity. Quiet hours are from 10 p.m. to 10 a.m.

• If early check-in or late check-out is available for your reservation, we will do our best to accommodate for a fee.

• No smoking of any kind is permitted anywhere on the premises.

• No commercial photography or filming is permitted on the property. Tents or other structures may not be erected.

• Renter is liable for any damage to the property and agrees to accept charges to the card on file should damage occur during occupancy.

• Due to local laws, guests may be required to agree to additional terms of service.

ADDITIONAL TERMS FOR Sway Vacation Rentals ACCOMMODATIONS

This Agreement is between you and Sway Vacation Rentals LLC, acting for itself and for the Owner.

These Additional Terms for Sway Vacation Rentals Accommodations, including any applicable Unit-Specific Terms (as defined below) (collectively, the “Sway Vacation Rentals Terms”), apply to your Airbnb booking of the vacation rental property specified in a confirmed reservation (the “Property”). In case of any conflict between the Sway Vacation Rentals Terms and the Airbnb Terms of Service (“Airbnb Terms”) that apply to your reservation, the Airbnb Terms will control.

These Sway Vacation Rentals Terms are between (1) Sway Vacation Rentals (“Sway Vacation Rentals,” “we,” or “us”), acting for itself and for the owner of the Property (“Owner”), and (2) the person who is the responsible renter of the Property (collectively “Renter” or “you”). You acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies in these Sway Vacation Rentals Terms.

POLICIES AND ADDITIONAL TERMS

A. Minimum Age. The “Minimum Age” to rent the Property is the age specified in any Unit-Specific Terms. If no age is specified in the Unit-Specific Terms, the Minimum Age is 25 years of age (or the minimum age required by law in the jurisdiction where the property is located, if different). You agree to provide us with proof of age upon request. A parent or legal guardian must accompany all guests who are under the Minimum Age for the entire duration of the rental.

B. Maximum Occupancy. The number of people present at the Property may not exceed the maximum posted occupancy.

C. Good Neighbor Policy. Because the Property is a privately owned home, all Occupants must comply with this good neighbor policy:

• Please treat the Property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived.
• To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon check-out.
• You and other Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to Sway Vacation Rentals from police, neighbors, or neighborhood or homeowner associations.
• Noise audible outside the Property is prohibited between 10 p.m. and 10 a.m.
• You and other Occupants agree to abide by all applicable parking restrictions and limitations.

D. No Smoking. No smoking is permitted at the Property (including porches, decks or outdoor areas) at any time.

E. No Permanent Residence. You agree that your use of the Property is on a temporary and transient basis only; that you may not use the Property as a permanent residence; and that your permanent residence is and will remain elsewhere than at the Property.

F. Animals. We accept assistance animals in line with Airbnb's Nondiscrimination Policy. No other animals or pets of any kind are permitted at the Property except as specifically authorized in your reservation. You also agree that we cannot and do not guarantee that no animals have been in the Property prior to your use or that the Property is free of animal or pet allergens, even if the Property listing states that pets are prohibited or includes a similar description.

G. Events; Commercial Photography; Structures; Charcoal Grills. Parties and other events are prohibited at the Property. Commercial photography and filming are also prohibited at the Property without our express written permission. (If approved, applicable occupancy limits and other rules under Airbnb's Party and Events Policy will apply, and additional conditions and fees may apply.) No tents or other structures may be erected on the property. The use of charcoal grills is prohibited.

H. Criminal Activity Prohibited. Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and/or your immediate removal from the Property. This prohibition extends to use of the Property’s internet service, if any, for criminal activity, including but not limited to unlawful downloads of copyrighted material, including movies, music, software, or other material. We may cooperate with any investigation of alleged criminal activity that occurred at the Property during your stay.

I. Consequences of Breach; Charges for Damage. Any failure by you or any other Occupants to comply with any of the terms, conditions, or policies above is a breach of these Sway Vacation Rentals Terms and may result in a forfeiture of your rights to rent the Property, up to and including immediate removal from the Property without refund and with or without the assistance of law enforcement. Sway Vacation Rentals may terminate your occupancy of the Property for breach, and if you are notified of such termination you agree to leave the Property immediately. In addition, subject to Airbnb’s damage claim policies, you are responsible for (1) any damage or loss that occurs at the Property during your stay; (2) a charge of up to $1,000 for violations of the pet policy, including for bringing more pets or different types of pets than specifically authorized; (3) an additional cleaning fee of up to $500 (or the actual cost of cleaning services, if greater) for violations of any of the guest policies above (other than the pet policy) or for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (4) any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. If any unauthorized download of copyrighted material via the Property’s Internet service occurs during the period of your stay, you agree that we may obtain and share your contact information with the internet service provider or any other party we believe, for any reason, has enforcement rights.

J. Early Check-In/Late Check-Out. Early check-in or late check-out may be available; additional charges may apply. If you do not vacate by check-out time (or late check-out time as agreed by Sway Vacation Rentals), you authorize us to charge a late departure fee of up to one night’s rental and we may remove all Occupants and their personal property from the Property.

K. Maintenance or Housekeeping Issues; Property Conditions. The Property is provided as is, and we are not responsible for the inoperability or unavailability of any amenities. You agree to contact Sway Vacation Rentals, using the contact information provided in your confirmation email, as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous condition, at the Property, or if any incident occurs at the Property that is related to such a problem or condition. You further agree to give Sway Vacation Rentals a reasonable amount of time to respond to your report and to cooperate with Sway Vacation Rentals’s efforts to address the concern or provide a remedy. We will take reasonable and appropriate steps to remedy any reported problem as soon as practicable. We may enter the Property at your invitation to remedy any problem you report, at reasonable times and with reasonable notice to inspect, maintain, or repair the Property, and to address any situation that we reasonably deem an emergency that threatens persons or property. You acknowledge that if the Property has access to amenities that are shared with other properties, such as a shared pool, hot tub, parking lot, or fitness center, that the availability and condition of those amenities is outside Sway Vacation Rentals’s control.

L. Choice of Law; Jurisdiction and Venue; Dispute Resolution.

L.1. Choice of Law. Unless otherwise specified in any Unit-Specific Terms or if a different choice of law is required by the law of the jurisdiction in which the Property is located.

L.2. Dispute Resolution and Arbitration Agreement: United States. If (a) your claim against Sway Vacation Rentals relates in any way to a reservation for or stay at a Property located in the United States, or (b) you bring any other claim against Sway Vacation Rentals in the United States (to the extent permitted by these Sway Vacation Rentals Terms or the Airbnb Terms) (any such dispute, claim, or controversy under either (a) or (b) a “US Claim”), then you agree to resolve the US Claim as follows:

a. Agreement to Arbitrate. You and Sway Vacation Rentals mutually agree that any US Claim will be settled by binding arbitration rather than in court, such arbitration to be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, or such other AAA arbitration rules that the AAA decides to be applicable to a specific dispute, that are in effect as of the time of service of an arbitration demand. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules. To begin an arbitration, a party must send a letter to the other party requesting arbitration and describing the claim. If Sway Vacation Rentals requests arbitration, it will send the letter to your most recent email or physical address in Sway Vacation Rentals’s records. If you request arbitration, you must send the letter to Sway Vacation Rentals’s registered agent in the state in which the Property you reserved or stayed at is located, or if the dispute does not involve a reservation for or stay at a specific property, to Sway Vacation Rentals’s registered agent in the state of Arizona.

b. Place of Arbitration. The arbitration shall take place in the county in which the Property is located, or in Phoenix, Arizona, if the dispute does not involve a reservation for or stay at a specific property, or in such other location as you and Sway Vacation Rentals may mutually agree.

c. Exceptions to Arbitration Requirement. As the only exceptions to the agreement to submit all US Claims to binding arbitration as provided herein, Sway Vacation Rentals and Renter both retain the right to pursue: (1) in small claims court in the county in which the Property is located (or if the dispute does not involve a reservation for a specific property, the small claims court for Phoenix, Arizona), any claim that is within that court’s jurisdiction, and the parties consent to the personal jurisdiction and venue of such court; and (2) a suit in any court with jurisdiction to enjoin (whether by temporary, preliminary, or permanent injunctive relief) infringement or other misuse of intellectual property rights.

L.3. Dispute Resolution: Outside the United States. Europe: If you are a resident of Europe and your claim relates in any way to a reservation for or stay at a Property located in Europe, you and Sway Vacation Rentals consent to the exclusive jurisdiction and venue of the courts in Zurich or Zug, Switzerland. If applicable law prohibits exclusive jurisdiction over your claim in Switzerland, then you and Sway Vacation Rentals agree to the non-exclusive jurisdiction and venue of the courts in Zurich or Zug, Switzerland, or your jurisdiction of residence. Outside Europe: If your claim relates in any way to a reservation for or stay at a Property located outside of Europe or the United States, you and Sway Vacation Rentals agree to bring any action in the courts of the country in which the Property is located, or in such other location and forum as you and Sway Vacation Rentals may mutually agree.

L.4. Class Action and Jury Trial Waiver. You and Sway Vacation Rentals agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Sway Vacation Rentals waive any right to a jury trial.

M. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER OF THE PROPERTY OR Sway Vacation Rentals, NOR THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF Sway Vacation Rentals HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

N. Indemnity. You agree to hold harmless and indemnify Sway Vacation Rentals and Owner, and their respective affiliates, for and from all claims for property damage, personal injury, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during or relating to your stay.

O. Substitution of Property. On rare occasions, due to ownership changes, properties being removed from rental use, or a need for extensive repairs or maintenance, the Property may not be available for rental on the dates of your reservation and Sway Vacation Rentals may have to cancel your booking. In this unlikely event, rebooking shall be subject to the Airbnb Terms for booking modifications.

P. Assignment. Sway Vacation Rentals may assign these Terms or any of its rights, or delegate any of its duties under these Terms, at any time without your consent.