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Discover refined second-floor living at The Merriman, a stylish retreat blending space, comfort, and design in San Marcos, Texas. This expansive residence offers an elevated experience defined by light and scale, perfect for those seeking a sophisticated home base.
This residence features 3 bedrooms, 3 beds, and 2 bathrooms, comfortably accommodating up to 6 guests. The open-concept layout seamlessly connects the living, dining, and kitchen areas, creating an airy atmosphere ideal for both relaxation and entertaining. The chef-inspired kitchen serves as a focal point, boasting quartz countertops, an oversized island with generous seating, and stainless steel appliances.
Throughout the home, floor-to-ceiling windows invite abundant natural light, enhancing the warm wood flooring and curated finishes. Each bedroom is thoughtfully designed for balance and comfort, while the two full bathrooms showcase modern fixtures and ample vanity space. Guests can step out onto the private balcony to enjoy serene courtyard views, providing a quiet setting for morning coffee or evening unwinding.
Key Features:
Located within a professional community in San Marcos, this property is situated in a walk-up building. Please note there is no elevator; access is via stairs only.
Practical Information:
Experience the perfect blend of functionality and sophistication in this contemporary San Marcos sanctuary.
This description is for informational purposes. Please verify all details, including amenities, policies, fees, and availability, on the booking platform before booking.
You’ll be staying in someone’s home, so please treat it with care and respect.
HOUSE RULES
IN ORDER TO RECEIVE CHECK-IN INSTRUCTIONS PRIMARY GUEST MUST AGREE TO COMPLETE AND AGREE TO THE PRE-BOOKING GUEST ACCOMMODATIONS AGREEMENT AND ID VERIFICATION. GUESTS WHO HAVE BOOKED AND DO NOT COMPLETE THE AGREEMENT WILL NOT RECEIVE A REFUND.
HOUSE RULES
— I understand that this reservation is in a community and I will abide by all building, platform, management, and local rules. I will be a great guest.
Check-in & Check-out: — Check-in: After 4:00 pm — Check-out: Before 11:00 am — Self check-in with instructions provided after the guest accommodations agreement is signed and online check-in is completed. — Because housekeepers are scheduled in advance, and take most of the time to clean the place, early check-in and late check-outs are not guaranteed.
House Rules — No smoking inside the unit, building, or on any balconies. — No pets. — No parties or events. — No outside guests. Only those added to the reservation are allowed on the property. — Minimum guest age: 18 (children must be accompanied by parents).
Parking — Some properties have paid parking. Be sure to check the amenities section of the listing.
Accommodations — Close all windows, AC, and doors, ensuring they are locked whenever leaving.
Cleaning and Damages — Leave the apartment tidy. The low cleaning fee reflects this expectation. — Excessive cleaning needs will result in additional fees. — Guests are liable for damages inside the apartment. All items are checked prior to arrival. — Damages to the property, decor, or furnishings will be charged at cost, plus a $20.00 service charge. — Some items come in a set, and damaging one part necessitates replacing the entire set. — Unapproved/unregistered guests or pets will incur a $200 fine and an additional $50 pet cleaning fee per pet. (Applies to not pet-friendly unit)
RENTAL AGREEMENT
Rental Period: The rental period begins at “Check-in time” on the "Check-in Date" and ends at “Check-out Time” on "Check-out Date", collectively, the "Rental Period".
Orion Haus (the "Company", "we" or "us") is committed to being a great neighbor in our communities. That’s why all Guests (the "Guest" or "you") must agree to abide by this Guest Accommodation Agreement (the "Agreement), OHAI’s Website Terms of Use, found at [hidden according to Airbnb content policy], and the Privacy Policy, found at [hidden according to Airbnb content policy] incorporated by reference herein and referred to collectively as the “House Rules”) in consideration for their accommodation in a rental unit located in the property (the "Property"). Capitalized terms used but not otherwise defined herein shall have the meanings provided to such terms in the Guest Accommodation Agreement signed by the Guest in consideration for their accommodation.
SECTION 1: BOOKING AND STAY DURATION
ARRIVAL / EARLY ARRIVAL The arrival time is after 4:00 p.m. on the first day of your reservation.
DEPARTURE / LATE DEPARTURE The departure time is before 11:00 a.m. on the last day of your reservation. We reserve the right to charge late fees for departures after 11:00 a.m.
EARLY CHECK-IN / LATE CHECK-OUT Early check-ins and late check-outs are not guaranteed. If you need to check-in early or check-out late, it’s best to adjust the dates of your reservation.
NO SHOW/EARLY DEPARTURE POLICY The Hosts nor OHAI are not responsible for Guests inability to arrive or if Guests chooses to depart early for any reason, or if members of Guests party do not show up. Standard cancellation policies will apply. Purchasing travel insurance is highly recommended.
NO REFUNDS This Rental Agreement is a legally binding agreement between Guest, OHAI, and the Owner of the property. Your reservation binds you to a specific period of time. There should be no expectation of refund and there will be no refund or relocation because you are disappointed with the property you have chosen to rent or in the event that something associated with the property is not working to your satisfaction. There will be no refunds or compensation for: Acts of God, Mother Nature, acts of war or government agencies, road maintenance, gas shortages, power outages or water outages. Standard cancellation policies always apply. Purchasing travel insurance is highly recommended.
SECTION 2: GUEST VERIFICATION
IDENTITY VERIFICATION To protect against identity theft and fraud, and for the safety of other Guests and neighbors in the community, Guests are required to complete the online check-in process and to provide a scanned or photographed copy of their valid, government-issued photo ID (passport or state driver’s license), with the Guest’s face, address, date of birth and photo clearly visible and in focus. The reservation billing information must match the information on the government-issued ID of the Guest making the reservation. We reserve the right to refuse service to individuals who do not furnish this information. In the event that a Guest refuses to provide their valid, government-issued ID after making a reservation, the Guest’s reservation will not be granted information to enter the apartment and your cancellation of the reservation will be in accordance with the section titled “Cancellation” below.
We expect that you, the Guest identified above, will stay at the apartment during the entire reservation. Anyone else who stays at or visits the apartment during your reservation shall be deemed a “Visitor” hereunder.
BACKGROUND SCREENING We may, but are not obligated to, obtain background reports from consumer reporting agencies or otherwise review publicly available information about you, including sexual offender registration lists or databases compiling information about criminal convictions. By making a reservation, you authorize the use of your personal information (including name, address, date of birth, or other identifying information) to obtain these reports, and agree that we may, in our sole discretion, suspend, cancel, block, restrict or terminate your access to our services or reservations made or contemplated, based on our evaluation of such reports.
Please see our Privacy Policy, found at [hidden according to Airbnb content policy], for further information regarding our background screening process.
MINIMUM AGE The registered Guest must be 18 years of age or older, unless otherwise permitted by the booking channel through which the reservation is made. Proof of identity and age is required for check-in.
RIGHT TO REFUSE SERVICE The Company may refuse service to, or remove from the apartment, any individual for any reason(s) that does not violate federal or state laws. Reasons for refusing service to, or removing, a Guest or any other individual include, but are not limited to: refusal or failure to pay for accommodations; being under the influence of alcohol, drugs, or any other intoxicating substance such that the individual is disturbing the peace; seeking to use the apartment for an unlawful purpose; seeking to bring into the apartment an unlawfully-possessed firearm or any item, including an explosive or hazardous or toxic substance, that is unlawful to possess and that may be dangerous to other persons; destroying, damaging, or defacing the Property or threatening harm to the Property, other guests, or residents of the Property; causing or permitting persons to exceed the maximum allowable occupancy of the apartment; or refusing to abide by the reasonable standards or policies established by the Company, including, without limitation, the House Rules and any published rules and regulations imposed by the apartment community.
SECTION 3: ACCESS & SECURITY
RIGHT OF ENTRY Guests acknowledge, understand, and agree that the Property Owner, Property Manager, Hosts, Maintenance, and other staff reserve the right to enter property at any time to investigate disturbances, check occupancy, check damages, make repairs, alterations, and improvements, as deemed necessary.
ACCESS TO APARTMENTS You acknowledge that your reservation of the apartment does not confer exclusive possession or exclusive access to the apartment. We retain the right to access and enter the apartment at any time as needed, however, we will attempt to notify you before entering the apartment as a courtesy to you except in the event of an emergency. If called upon, law enforcement will be granted immediate access.
APARTMENT KEYS / ACCESS CODES Access codes are issued to the registered Guest and work at the Check-in time. You may receive access devices such as parking passes, amenity keys, and/or other items that are provided to ensure access to the Property and its facilities. Failure to return these items at the time of your departure will result in a fee of $500 for each unreturned item.
LOCK OUT A lockout of Guests from the property will result in a minimum of $25 service call during business hours. Guests agree that a lock out after business hours will result in a locksmith being called and Guests being charged accordingly.
WIFI ACCESS While the Company makes its best effort to provide interruption-free, high-quality Internet access, the Company assumes no liability in the event that Internet access becomes unavailable. Guests are prohibited from using WiFi for any illegal activity, including, but not limited to, violating the Digital Millennium Copyright Act. The Company assumes no liability for Guest use of the Internet.
PARKING AT OWN RISK All vehicles parked on the premises must be registered on [hidden according to Airbnb content policy] prior to the Guest’s arrival. Parking may be subject to a nightly fee. Vehicles must be parked as described in the instructions at [hidden according to Airbnb content policy]. Vehicles are parked at the risk of the owner. The Company shall not assume liability or responsibility for any vehicle, occupants, or contents while operated or parked on the property. If the Guest leaves a vehicle in the parking area after departure without obtaining the written consent of the Company, the Company reserves the right to have the vehicle towed at the owner’s expense.
AT YOUR OWN RISK No safety personnel are provided for any amenities. Guest use of any amenities is at their own risk. No exceptions. The Guest understands that sometimes amenities or services can be closed, out of service, or cannot be used for any reason, and no refunds will be made.
CONSTRUCTION AT NEARBY SITES Guests acknowledge, understand, and agree that construction of new accommodations and attractions occur in resort areas. No refunds or rebates will be offered for inconveniences due to but not limited to; construction, construction noise, road repair, and maintenance.
SECTION 4: PROPERTY CARE & MAINTENANCE
DAMAGES TO PROPERTY Premises are to be left in clean, undamaged condition, and that Guests must follow check-in and check-out procedures, along with the pet policy. Properties have been cleaned and inspected prior to Guest’s arrival, with photographic documentation. Guests agree that by accepting the booking and entering the Premises that they are accepting this Rental Agreement Contract. Guests are authorizing OHAI to charge Guests for any damages, repairs, replacement, or special cleaning sustained for real or personal property.
DAMAGES AND THEFT Guests are liable for any damage and/or theft at the apartment or Property caused by the Guest, their Visitors, or other persons present in the apartment during the Guest’s stay. This includes damage to rooms, fixtures, furnishings and equipment (such as towels, artwork, electronics, and kitchen equipment). The Company reserves the right to retain the Guest’s payment method details and charge the payment method the full amount that it shall, in its sole discretion, deem necessary to compensate or make good the cost or expenses incurred or suffered by the Company as a result of the damage and/or theft. Charges may include, but are not limited to: repair costs for all property damage; replacement costs for missing or damaged items; smoking fees; and cleaning fees. The Company will make reasonable efforts to mitigate the costs of repairing the damage. In the event that the apartment or Property becomes un-rentable through any action of the Guest, the Company reserves the right to charge the Guest the nightly rate as advertised on the Booking Channel where the reservation was made until the apartment may be returned to a rentable condition, in addition to charges for any damage caused by the Guest and/or their Visitors.
HOUSEKEEPING AND ADDITIONAL SUPPLIES A full end-of-stay-clean is included. 2 towels per bed are included. There are no guarantees for additional blankets or sheets provided. There is no staff to bring additional supplies more than what is provided.
CLEANING All apartments are cleaned prior to each new Guest’s arrival. There is no nightly housekeeping. There is no service for additional supplies.
FURNISHING/FURNITURE All furnishings/furniture in the property are in place as the owners wish them. Guests agree to pay not less than $100 if furniture is rearranged in such a manner that results in cleaning services being delayed.
INFESTATION If the Company determines that you have brought any infestation into the apartment or onto the Property, the Company reserves the right to charge you for any and all costs and expenses, including immediate or urgent response requirements and loss of room revenue, that the Company deems necessary to address the infestation.
MAINTENANCE In case of a breakdown of any property equipment, guests shall notify Hosts immediately to make the necessary repairs. There is no guarantee of heat, air conditioning, electricity, water, any appliances, cable, satellite, television, telephones, electronics, gas logs, grills, etc. No refunds or compensation will be given for failure of the above. Should a repair person make a call to repair or replace a unit that is found to be in non-working order and the problem was due to Guests oversight, neglect or misuse, Guests agree that the repair call costs may be billed to the Guests.
SECTION 5: BEHAVIORAL POLICIES & CONDUCT
NOISE Quiet Hours are between 9pm and 9am. Please note that there is a $200 fee for noise disruptions, with possible removal from the property.
The Guest may not disturb the quiet enjoyment of any other Guest, resident of the Property, or surrounding neighbors. At all times, the Guest shall refrain from making loud noises and excessive television and/or radio volume that may disturb others. The Guest shall observe quiet hours from 9:00 p.m. to 9:00 a.m. Parties and gatherings are prohibited.
Apartments are proactively monitored for compliance with this noise policy. Decibel sensors notify the Company of sounds in the apartment that exceed 75 decibels (dB) or other thresholds that may vary depending on location. You hereby consent to the use of sound level monitoring. In the event that the Company receives a noise complaint from a community member and/or receives a notification that the noise level in the apartment has exceeded 75dB or other thresholds that may vary depending on location, the Company will contact the Guest and issue a first warning to reduce the noise level. If, after the first warning, Company subsequently receives an additional noise complaint and/or notification that the noise level in the apartment has exceeded 75dB or other thresholds that may vary depending on location, the Company reserves the right, in its sole discretion, to charge the Guest a penalty of up to $1,000 and/or remove the Guest from the Property without a refund.
NON-SMOKING NO EXCEPTIONS! The entire property and unit are non-smoking (including all decks, porches and steps). Guests agree to pay not less than $1,000 for odor abatement if they smoke in the apartment, hallways, common areas, or if cigarette butts are left on the grounds. Please note that if you smoke in any of these places, you will be charged an additional fee of $1,000 for deep cleaning and odor abatement.
No smoking of any kind. This includes but is not limited to tobacco, marijuana, e-cigarettes, vape pens, and hookahs. This applies to any part of the Property (including hallways, lounges, rooftops, fitness centers, and all amenity areas), any part of your reserved apartment (including the balcony or patio), and within 30 feet of any public entrance. Marijuana and tobacco sensors are used in apartments to help enforce this rule.
ALCOHOL/DRUGS No drinking of alcoholic beverages by persons under the legal age of twenty-one (21) is allowed on rental properties. Guests agree that if Guests are arrested for underage drinking at rental properties or if anyone observes Guests under the legal age of twenty-one (21) drinking alcoholic beverages, this Agreement/Contract may be terminated and Guests evicted with no refund or rebate. Illegal drug use is strictly prohibited for anyone.
Guests of legal drinking age who bring alcoholic beverages onto the Property must not consume such beverages outside of their reserved apartment. Alcoholic beverages are prohibited in amenity areas, including, but not limited to, the pool, fitness center, rooftop, and lobby.
CONDUCT Occupancy and use of premises shall not be such as to disturb or offend neighbors or residents, including but not limited to; parties, excessive speeding through neighborhoods, excessive noise and/or obnoxious behavior, discharging of Firearms, BB/Pellet Guns, Paint Ball Guns, or Fireworks, etc. Management has the prerogative to terminate this Agreement/Contract and to demand that disruptive Guests vacate the premises, thereby forfeiting all monies for reservation. No refunds will be tendered.
MAXIMUM OCCUPANCY Apartments occupancy limits are determined by the fire code and fire safety restrictions, as well as any local statutes or ordinances. Guests are required to comply with maximum occupancy limits. The maximum number of guests is 2 guests per bedroom. All guests must be numbered on the reservation. Any child one-year-old and above is considered an occupant & must be included in the occupancy total. Rollaway beds, inflatable mattresses & sleeping bags are prohibited. If you are found to exceed the maximum occupancy that you stated on your reservation form, you will be charged a minimum of $1,000 and it will be considered a breach of contract and may result in immediate eviction without refund.
No events of any kind are allowed on the Premises, including weddings.
VISITORS Visitors must be accompanied by the Guest at all times. The Guest is responsible and liable for the actions of all Visitors.
CHILDREN Children of all ages are welcome. Guests are responsible for the actions of all minors who accompany them on the Premises. Children are prohibited from entering the amenity areas (including the pool, gym, and rooftops) unless under immediate adult supervision.
RECEIVING MAIL AND PACKAGES Packages will not be accepted and no mail deliveries can be sent to the apartment. Instead, we recommend that you have your mail or package shipped to a nearby UPS store, FedEx store or Amazon Lockers.
FIREARMS AND WEAPONS For the safety of our Guests and the community, Guests are not permitted to carry firearms or weapons in the apartment or on the Property.
EMERGENCIES In the case of an emergency, call 911 immediately. Please notify your Host immediately so they are aware and can be of assistance.
ITEMS LEFT BEHIND Please make sure you pack up and bring all of your property home. No one is responsible for any items Guests leave behind except for the Guest. The Guest assumes all liability for lost, misplaced, stolen, or damaged belongings, including any belongings which are left in the apartment after your departure time has passed. If you discover that you have left something, please contact your Host immediately and they will do their best to retrieve it for you. However this is not a guarantee. If items are found, you will be responsible for any shipping and personnel charges associated with the return of your belongings. Searching or finding any left items is not guaranteed. Make sure to take all of your belongings with you upon departure.
SECTION 6: PETS & SERVICE ANIMALS
PET POLICY Pets allowed for an additional cleaning fee of $50. No aggressive breeds. Please note that there is an additional $50 cleaning fee per pet, and a maximum of two pets are allowed.
SERVICE ANIMALS Service animals may accompany our guests to any property, under the following conditions: Service animals that have behaved violently or aggressively towards a person or another pet will not be accommodated. Your service animal must be up to date with all licensing* and vaccination requirements of the state and local jurisdiction where the guest permanently resides.
You must furnish copies of your service animal’s current licensing* and vaccination records should request documentation be made. The terms “licensed” and “licensing” as used above refer only to the basic licensing and registration of an animal’s ownership that is typically required in most states and local jurisdictions and does not include documentation concerning the licensing and/or certification of your animals as qualified service animals. You must never leave your service animal unattended in the rental unit. You must in all cases notify the Host that you will be bringing a service animal as part of your reservation, and confirm that you are following all service animal related rules as described on the Booking Channel.
SECTION 7: GENERAL PROVISIONS
LICENSEE OF OWNER Guests are licensees of the Owner, not tenants, and do not acquire any interest in the property. Guests do not have a lease of the property. Guests do not have a sub-lease of the property. Guests have a license to use the Premises as long as they are not in breach of this agreement.
NO TENANCY THIS AGREEMENT, WHETHER IN WHOLE OR PART, IS NOT A LEASE OR RESIDENTIAL TENANCY AGREEMENT, AND DOES NOT CONVEY OR OTHERWISE TRANSFER OR PROVIDE ANY PROPERTY, LEGAL, OR BENEFICIAL RIGHTS OR INTEREST IN REAL ESTATE TO YOU. YOU ARE NOT A TENANT OF, AND HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF, THE APARTMENT, OR PROPERTY. YOU AGREE THAT THE APARTMENT IS NOT YOUR PERMANENT RESIDENCE.
USE OF PREMISES The apartment and Property amenity areas shall not be used for any unlawful or illegal purpose. No nails, screws, or other items may be driven into any portion of the apartment. The Guest shall use the apartment for vacation purposes only. The Guest shall not conduct any commercial, industrial, or retail activity in the apartment.
REMOVAL FROM THE PREMISES THE GUEST AGREES THAT THE COMPANY OR OTHER LAWFUL AUTHORITY MAY REMOVE THE GUEST OR ANY VISITORS, WITHOUT NOTICE, FOR ANY REASONS SUCH AS, BUT NOT LIMITED TO: FAILURE TO LEAVE THE APARTMENT AT THE DESIGNATED DEPARTURE DATE AND TIME (UNLESS EXTENDED ACCORDING TO THE TERMS OF THE HOUSE RULES AND AUTHORIZED IN ADVANCE BY THE COMPANY); NON-PAYMENT OF RESERVATION FEES OR OTHER CHARGES; VIOLATION OF ANY RULE IN THE HOUSE RULES; VIOLATION OF ANY RULES OF THE HOUSING DEVELOPMENT, CONDOMINIUM ASSOCIATION, OR APARTMENT COMPLEX IN WHICH THE APARTMENT IS LOCATED; ANY UNLAWFUL ACT OF THE GUEST OR VISITORS. THE GUEST AGREES TO HOLD THE COMPANY HARMLESS FOR ANY INCIDENT NECESSITATING THE REMOVAL OF GUEST OR VISITORS FROM THE PROPERTY.
LISTING INFORMATION Information regarding individual listings is believed accurate but cannot be guaranteed.
CHANGES OR MODIFICATIONS TO HOUSE RULES The Company may modify or amend any of the House Rules in writing at any time without prior notice. Any written modification or amendment of the House Rules that occurs prior to your departure is hereby deemed incorporated into the Agreement governing the reservation. Guests should check the reservation details regularly for updates to the House Rules.
SECTION 8: ARBITRATION AND DISPUTES
ARBITRATION Any dispute arising out of or related to this Agreement, including, but not limited to, disputes arising out of your stay at the apartment, will be submitted for and resolved by binding arbitration before the American Arbitration Association (AAA). The Company shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in Delaware and in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You and the Company waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You and the Company waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in this Agreement, as a court would.
CONFIDENTIAL Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.
LIMITATIONS PERIOD Any and all claims and actions arising out of or relating to the Agreement shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
CLASS ACTION WAIVER You agree that you will not file a class action against the Company or participate in a class action against the Company. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against the Company.
GOVERNING LAW AND VENUE This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in this Agreement may be filed only in the state or federal courts located in the State of Delaware, United States. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.
DISCLAIMER OF WARRANTIES TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, THE PROPERTY OWNER OR OHAI, ANY OF THEIR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, TORT (INCLUDING CLAIMS OF NEGLIGENCE, PERSONAL OR BODILY INJURY), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APARTMENT, THE COMPANY’S SERVICES, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE APARTMENT, THE COMPANY’S SERVICES, OR PROPERTIES.
IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKING THE APARTMENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WAIVER AND SEVERABILITY It is the intent of the parties that the provisions of this Agreement shall be enforced to the fullest extent permissible under applicable law. All provisions of this Agreement are intended to be severable. In the event any provision contained herein is held to be invalid or unenforceable in any respect, in whole or in part, such finding shall in no way affect (i) the application of such provision to other persons or circumstances, (ii) the validity or enforceability of such provision, or the application of such provision, in any other jurisdiction, or (iii) the validity or enforceability of any other provision of this Agreement.
The parties further agree that any such invalid or unenforceable provision shall be deemed modified so that it shall be enforced to the greatest extent permissible under applicable law, and to the extent that any court of competent jurisdiction determines any provisions herein to be unenforceable in any respect, such court may limit this Agreement to render it enforceable in the light of the circumstances in which it was entered into and specifically enforce this Agreement to the fullest extent permissible.
MISCELLANEOUS The Company reserves the right to move you to a comparable property should circumstances beyond the control of the Company arise.
By signing this Agreement and/or making the required payment, you acknowledge and consent to all terms and conditions of the House Rules, on your behalf and on behalf of all members of your party.

