Terms of Service

1. Acceptance of Terms

These Terms of Service are an agreement between you and South End Hospitality LLC, operating under the friendly business name Stay On The Cape Vacation Rentals. “Stay On The Cape Vacation Rentals,” “we,” “us,” and “our” refer to South End Hospitality LLC. If you do not agree to these Terms, do not use the website or related services.

Our Privacy Policy explains how we collect, use, and disclose personal information and is incorporated into these Terms by reference.

2. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding agreement to use our booking and property-management services. If you act for another person, group, property owner, or organization, you represent that you have authority to accept these Terms on their behalf.

You agree to provide accurate, current, and complete information and to update it when necessary. You are responsible for communications and activity associated with the contact information you provide.

3. Services and Reservations

Stay On The Cape Vacation Rentals provides vacation-rental information, reservation support, guest communications, property-management services, and related assistance. Property descriptions, amenities, availability, rates, fees, policies, and photographs may be updated from time to time.

• A reservation is not final until it has been accepted and confirmed through the applicable booking process.
• Rates, availability, taxes, fees, minimum stays, occupancy limits, pet rules, and property-specific requirements may vary.
• You are responsible for reviewing the reservation summary, rental agreement, house rules, cancellation policy, and other property-specific terms before confirming a booking.
• The person making a reservation is responsible for the conduct of the guests and visitors included in that stay.

4. Payments, Changes, and Cancellations

Prices and payment schedules are shown during the applicable booking or contracting process. You authorize the applicable payment processor to charge the payment method you provide for confirmed amounts, including authorized taxes, fees, deposits, damages, or other charges described in your agreement.

Cancellation, modification, refund, security-deposit, damage, and no-show rules are governed by the terms displayed or provided for the specific property, reservation, promotion, or agreement. Processing times for approved refunds may vary based on the payment provider and financial institution.

5. Text Messaging Terms

Stay On The Cape Vacation Rentals, operated by South End Hospitality LLC, offers conversational and service-related text messaging to help with inquiries, reservations, booking support, check-in and check-out, stay-related updates, and customer service. The messaging number is +1 508-286-7928.

You are responsible for ensuring that you control the mobile number you provide and for notifying us if the number changes or is reassigned. Mobile telephone numbers, SMS opt-in data, and SMS consent are not sold, rented, or shared with third parties or affiliates for their marketing or promotional purposes. See our Privacy Policy for more information.

6. Acceptable Use

You agree not to:

• Use the website or services for unlawful, fraudulent, abusive, harassing, or harmful purposes.
• Provide false information, impersonate another person, or misrepresent your authority or identity.
• Attempt to gain unauthorized access to accounts, systems, data, properties, or communications.
• Introduce malware, harmful code, automated scraping tools, or technology that disrupts the website or services.
• Copy, reproduce, republish, sell, or commercially exploit website content without permission, except as allowed by law.
• Use contact or property information from the website to send unsolicited messages or engage in unauthorized marketing.
• Interfere with another person's use of the website or violate the rights, privacy, or safety of any person.

7. Content and Intellectual Property

The website and its text, design, branding, graphics, photographs, software, and other content are owned by or licensed to South End Hospitality LLC or Stay On The Cape Vacation Rentals and are protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, revocable, nonexclusive, nontransferable license to access and use the website for legitimate personal or business inquiries about our services.

If you submit reviews, feedback, photographs, or other content, you represent that you have the right to provide it and that it does not violate another person's rights or applicable law. You grant us a nonexclusive, worldwide, royalty-free license to use, reproduce, adapt, and display that content for the purposes for which it was provided, including operating, improving, and promoting our services, subject to applicable law.

8. Third-Party Services and Links

The website may link to or integrate with booking platforms, payment processors, maps, social networks, analytics providers, and other third-party services. We do not control their availability, content, security, or practices. Your use of a third-party service is subject to that provider's terms and privacy policy.

9. Disclaimers

To the fullest extent permitted by law, the website and general informational content are provided on an “as is” and “as available” basis. We do not guarantee that the website will always be uninterrupted, error-free, secure, or current.

We make reasonable efforts to present accurate property and service information. However, minor differences, maintenance needs, weather, service interruptions, local conditions, and circumstances outside our control may affect availability or the guest experience. Specific commitments for a reservation or service are governed by the applicable confirmed booking terms or written agreement.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

10. Limitation of Liability

To the fullest extent permitted by law, South End Hospitality LLC, Stay On The Cape Vacation Rentals, and their owners, employees, representatives, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill arising from use of the website or general communications.

Any liability relating to a specific reservation, rental, property-management service, payment, damage, injury, or other transaction is subject to the applicable booking terms, rental agreement, property-management agreement, and law. These limitations do not apply where liability cannot legally be limited or excluded.

11. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless South End Hospitality LLC, Stay On The Cape Vacation Rentals, and their owners, employees, and representatives from claims, losses, liabilities, damages, and reasonable costs arising from your unlawful misuse of the website or services, your violation of these Terms, or your violation of another person's rights. This section does not require indemnification for conduct for which indemnification is prohibited by law.

12. Suspension and Termination

We may restrict or suspend access to the website or communications when reasonably necessary to protect our systems, users, properties, rights, or legal obligations, or when these Terms are materially violated. Provisions that by their nature should survive termination will remain in effect, including intellectual-property, disclaimer, liability, indemnification, and governing-law provisions.

13. Governing Law and General Terms

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles. Subject to any different requirement in a specific written agreement or applicable law, disputes relating to these Terms will be brought in the state or federal courts serving Barnstable County, Massachusetts, and the parties consent to those courts' jurisdiction.

If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a business reorganization, transfer, or sale.

14. Changes to These Terms

We may update these Terms from time to time to reflect changes to our services, practices, or legal obligations. Updated Terms will be posted on this page with a revised effective date. Your continued use of the website or services after updated Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by law.

15. Contact Us

For questions about these Terms or our text messaging program, contact Stay On The Cape Vacation Rentals using the information below.