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Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. IN PARTICULAR, LANDLORDS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO RENT INDIVIDUAL ROOMS TO PAYING TENANTS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, LANDLORDS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING AN INDIVIDUAL ROOM PROPERTY OR ACCEPTING TENANTS. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. LANDLORDS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON BEDLY.

Last Updated: August 2, 2019

TERMS OF SERVICE

If you are using the Site, Application or Services and you reside in the USA, you are contracting with SwiftComfort with respect to use of the SwiftComfort Site, Application or Services, with respect to any payments or payouts from or to you conducted through the Site, Application or Services. SwiftComofort is hereinafter referred to as "SwiftComfort", "we", "us", or "our"). SwiftComfort provides an online platform that connects Landlords who have accommodations to rent with tenants seeking to rent such accommodations (collectively, the “Services”), which Services are accessible at www.swiftcomfort.rent and any other websites through which SwiftComfort makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and SwiftComfort. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties. 

MODIFICATION

SwiftComfort reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

 

Summary of General Rental Policies

The following rental terms will apply to your SwiftComfort stay, except to the extent any unit-specific terms for the property you rent include different provisions or you book through another website with conflicting terms and conditions.

  1. The property shall not be used by more than the number of adults and children listed in your reservation.
  2. All guests shall abide by SwiftComfort’s good neighbor policy and shall not engage in illegal activity. Quiet hours are from 10 p.m. to 8 a.m.
  3. Pets are not permitted unless specifically noted in your reservation.
  4. Renter must be at least 18 years of age (or the specified minimum age required to rent the property, if different). Guests under the minimum age must be accompanied by a parent or legal guardian.
  5. No smoking is permitted anywhere on the premises.
  6. No commercial photography or filming is permitted on the property. Tents or other structures may not be erected. Use of charcoal grills is not allowed.
  7. Renter is liable for any damage to the property and agrees to accept charges to the card on file should damage occur during occupancy.
  8. Cancellation Policy: Rental payments (less the booking fee) are fully refundable up until 30 days prior to the reservation.
  9. Trip Protection: Trip Protection is a cancellation fee waiver that applies if you cancel your reservation for a covered reason. If you purchase Trip Protection, you will receive a full refund for any nights of your reservation cancelled due to the documented death or serious illness of any guest or immediate family member, flight delays or cancellations, or access closures due to natural disasters or inclement weather. Trip Protection is not insurance and does not replace travel insurance.

Review the full rental agreement below.

 

SHORT TERM RENTAL AGREEMENT

This short term Rental Agreement (“Agreement”) is for rental of the short term rental property specified in a confirmed reservation (the “Property”). This Agreement is between: (1) SwiftComfort (“SwiftComfort,” “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”).

By booking your rental of the Property with SwiftComfort, you acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies in this Agreement, including any Unit-Specific Terms (collectively, the “Terms”).

Unit-Specific Terms.

Certain jurisdictions and specific rentals require renters to agree to additional terms and conditions (“Unit-Specific Terms”). We will inform you during the reservation process of any Unit-Specific Terms that apply to Property. If any provision of Unit-Specific Terms differs from the Terms in this Agreement, the provision of the Unit-Specific Terms will control.

Channel Terms.

If you are booking through a third-party marketing channel, your booking may be subject to that channel’s own terms and conditions (“Channel Terms”). If any provision of applicable Channel Terms differs from the Terms in this Agreement, the provision of the Channel Terms will control.

 

RENTAL POLICIES AND GENERAL TERMS

  1. 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 18 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.
  2. Responsible Renter. As the Renter, you agree to be an occupant of the Property for the entire duration of the rental. All other occupants will be family members, friends, other responsible adults over the Minimum Age, or accompanied by a parent or legal guardian. You agree to be solely responsible for your actions and the actions of all family members, guests, and invitees (collectively, “Occupants”) present at the Property at any time during your stay, and to ensure that all Occupants understand and comply with the Terms.
  3. Good Neighbor Policy. Because the Property is privately owned, 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 SwiftComfort from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property is prohibited between 10 p.m. and 8 a.m. You and other Occupants agree to abide by all applicable parking restrictions and limitations.
  4. Maximum Occupancy. The number of people present at the Property may not exceed the maximum posted occupancy unless we have given you advance written permission to hold an event at the Property, in which case the number of people present at the Property may not exceed the maximum number of people authorized by SwiftComfort.
  5. No Smoking. No smoking is permitted at the Property (including porches, decks or outdoor areas) at any time.
  6. 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.
  7. Animals. No animals or pets of any kind are permitted at the Property except (1) as specifically authorized in your reservation, or (2) bona fide service animals that we are required by law to allow. Emotional support animals are not permitted except as authorized pets. You agree that a prohibition on animals is not a guarantee that an animal has not been inside the Property or that the Property is free of animal or pet allergens.
  8. Events and Commercial Photography; Structures; Charcoal Grills. Events and commercial photography or filming are prohibited at the Property without our express written permission. (If approved, additional conditions and fees may apply.) No tents or other structures may be erected on the property without our express written permission. The use of charcoal grills is not permitted.
  9. 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.
  10. Payment Terms; Fraud. If you are paying by credit card you represent that you are the account holder or an authorized user of the account. If for any reason, SwiftComfort believes your payment may be refused by the card processor, SwiftComfort may ask you for a different form of payment. Upon SwiftComfort’s request, you will immediately provide another form of payment and adequate proof that you are the account holder or an authorized user of the account used for payment (such as a government-issued ID that matches the name on the account). SwiftComfort may cancel your reservation or remove you and all Occupants from the Property immediately if you fail to provide a form of payment that can be validated by SwiftComfort. We may share your credit card information and other information about you with law enforcement if we suspect fraud.
  11. 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 this Agreement 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. SwiftComfort may terminate this Agreement for breach, and if you are notified of such termination you agree to leave the Property immediately. In addition, you are responsible for, and you authorize us to bill your credit card on file for the full amount of: (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 share your contact information with the internet service provider or any other party we believe, for any reason, has enforcement rights.

ADDITIONAL TERMS AND CONDITIONS

  1. Cancellation Policy; No Shows; Travel Insurance. Rental payments are fully refundable (less the amount of SwiftComfort’s booking fee, which is earned on receipt and becomes nonrefundable 24 hours after booking) for cancellations received 30 or more days before the first night of your reservation. No full or partial refunds will be granted for no-shows or if you cancel less than 30 days before the first night of your reservation, arrive after the first night of your reservation, or depart before the last night of your reservation, unless you purchased Trip Protection at least 30 days before the first night of your reservation (or within 24 hours if reservation is made less than 30 days in advance of stay) and cancel for a covered reason. Except as expressly provided in this Agreement, no refunds or compensation will be given and SwiftComfort shall not be liable to you for failure to make the property available for occupancy if the property is unavailable or becomes partially or wholly unusable for any reason outside SwiftComfort’s control, including but not limited to adverse weather conditions, natural disasters, mechanical failures, evacuation orders or other acts of government agencies, or utility outages. SwiftComfort advises guests to obtain appropriate and comprehensive travel insurance that covers Renter and all Occupants and that includes coverage for personal injury and property damage or loss. Any travel insurance you obtain shall be primary for all occurrences in which you or any Occupant claims injury, loss or damage.
  2. Trip Protection. Trip Protection is a cancellation fee waiver that applies if you cancel your reservation for a covered reason. If you purchase Trip Protection, you will receive a full refund for any nights of your reservation cancelled due to the documented death or serious illness of any guest or immediate family member, flight delays or cancellations, or access closures due to natural disasters or inclement weather. Trip Protection is not insurance and does not replace travel insurance.
  3. 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 SwiftComfort), you authorize us to bill your credit card on file for a late departure fee of up to one night’s rental and we may remove all Occupants and their personal property from the Property.
  4. 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 SwiftComfort, 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 SwiftComfort a reasonable amount of time to respond to your report and to cooperate with SwiftComfort’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 SwiftComfort’s control.
  5. Choice of Law; Jurisdiction and Venue; Dispute Resolution.

P.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: If the Property is outside Europe, this Agreement shall be governed by laws of the State of Oregon, U.S.A, without regard to its conflict-of-law provisions. If the Property is in Europe, this Agreement shall be governed by the laws of Switzerland, without regard to its conflict-of-law provisions.

P.2. Dispute Resolution and Arbitration Agreement: United States. If (a) your claim 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 SwiftComfort in the United States (to the extent permitted by this Agreement), then you agree to resolve any dispute arising out of or relating in any way to this Agreement as follows:

P.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 SwiftComfort 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 SwiftComfort 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 SwiftComfort 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 SwiftComfort may mutually agree.

P.4. Class Action and Jury Trial Waiver. The parties 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, the parties waive any right to a jury trial.

  1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER OF THE PROPERTY OR SwiftComfort, 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 SwiftComfort 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.
  2. Indemnity. You agree to hold harmless and indemnify SwiftComfort 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.
  3. 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. In this unlikely event, SwiftComfort reserves the right to substitute a comparable property. If comparable accommodations are not available, you will have the option of (1) selecting from other available properties (in which case you are responsible for, or will receive the benefit of, any difference in cost) or (2) receiving a complete refund of your reservation payment. In the event of a substitution of rental properties, all Terms in this Agreement, plus any Unit-Specific Terms specific to the substituted property, shall apply to your stay in the substituted property.
  4. Assignment. SwiftComfort may assign this Agreement or any of its rights, or delegate any of its duties under this Agreement, at any time without your consent.