Terms & Conditions
The terms that apply to your stay and your use of this website.
These Terms & Conditions ("Terms") form a binding agreement between you and ZM Stays ("we," "us," or "our") governing your use of this website and your reservation and stay at our privately owned vacation home in Phoenix, Arizona (the "Property"). By booking, by accessing the Property, or by using this website, you agree to these Terms together with our House Rules, House Manual, and Cancellation Policy, which are incorporated by reference. If you do not agree, do not book or use the site. Please read the sections on Assumption of Risk, Limitation of Liability, and Arbitration carefully, as they affect your legal rights. Nothing in these Terms limits rights that cannot be waived under applicable law. Last updated June 15, 2026.
Acceptance & Eligibility
By making or accepting a reservation you confirm that you are at least 25 years old, that the information you provide is accurate, and that you have authority to accept these Terms on behalf of every member of your party. The guest who books (the "primary guest") is responsible for the conduct of all guests, invitees, and visitors and must be present at the Property for the duration of the stay.
The Property; No Tenancy Created
Your reservation is a short-term, transient vacation rental of furnished accommodations for the dates booked only. It is a license to occupy and does not create a lease, residential tenancy, or any other interest in real property, and it is not subject to residential landlord-tenant law. You have no right to remain at the Property beyond your reserved checkout, and a holdover may be treated as an unauthorized occupancy.
Booking, Rates, Taxes & Payment
A reservation is confirmed only when we accept it and the required payment or deposit is received. Quoted rates may exclude cleaning fees, applicable transaction-privilege/lodging and other taxes, and optional add-ons, which will be shown before you pay. You authorize us and our payment processor to charge the payment method on file for the amounts due, including any balance, taxes, fees, and authorized charges under these Terms. Disputing a valid charge (chargeback) does not relieve you of amounts owed.
Security Deposit & Authorizations
We may require a refundable security deposit or place a pre-authorization hold on your payment method before or at check-in. We may apply the deposit or charge your payment method for damage, missing items, excess cleaning, unpaid fees, fines, or other amounts owed under these Terms or the House Rules. Any unused deposit is released or refunded after checkout following inspection, within a commercially reasonable time.
Cancellations & Refunds
Cancellations, changes, and refunds are governed by our Cancellation Policy in effect at the time of booking, which is incorporated into these Terms. We strongly recommend travel insurance. Except as required by law or expressly stated in the Cancellation Policy, fees and taxes are non-refundable once a stay has begun, and no refund is due for early departure, unused nights, or amenities temporarily unavailable for reasons described in these Terms.
Check-In, Check-Out & Access
Check-in and check-out times are stated in your confirmation and the House Manual. Access is typically by self check-in with a keypad code provided before arrival; keep your code confidential. Late check-out without prior approval, lockouts, or lost-access situations may incur additional charges. You agree not to allow access to anyone who is not a registered member of your party.
House Rules & Guest Conduct
You and your party agree to follow the House Rules, including maximum occupancy, no parties or events, quiet hours, no-smoking, pool and spa, and neighbor-respect provisions. Illegal activity, disturbances, misrepresenting your party or purpose, or any conduct that threatens the Property, neighbors, or our licenses is strictly prohibited. We may, without refund, refuse service, terminate the stay, and require you and your party to leave for material or repeated violations.
Occupancy, Pets & Age Requirement
Occupancy may not exceed the maximum stated for the Property, including day guests, except as expressly approved in writing. Unregistered overnight guests are not permitted. Pets are allowed only with prior approval and any applicable pet fee; assistance animals are accommodated as required by law. The primary guest must be at least 25; bookings made to evade the age or occupancy requirements may be cancelled without refund.
Assumption of Risk & Release
The Property offers a non-heated saltwater pool, a hot tub, a fire pit, a barbecue, stairs, multiple levels, and outdoor desert surroundings. THERE IS NO LIFEGUARD. You and your party understand and voluntarily accept all risks of using these features and the Property, including risk of drowning, slips and falls, burns, heat-related illness, and contact with desert plants or wildlife. You agree to supervise children and non-swimmers at all times, to use all amenities responsibly and per posted instructions, and, to the fullest extent permitted by law, you assume these risks and release and hold harmless ZM Stays, the Property owners, and their agents from claims arising from such use, except for harm caused by our gross negligence or willful misconduct.
Limitation of Liability
To the fullest extent permitted by applicable law, ZM Stays, the Property owners, and their agents and representatives will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost enjoyment, arising out of or relating to your booking, your stay, the Property, or this website. Our total aggregate liability for any claim will not exceed the total amount you actually paid to us for the stay giving rise to the claim. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you; nothing here limits liability that cannot be limited by law.
Indemnification
You agree to indemnify, defend, and hold harmless ZM Stays, the Property owners, and their agents from and against any claims, damages, losses, fines, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your stay, the acts or omissions of you or your party or invitees, your breach of these Terms or the House Rules, or any injury, death, or property damage connected with your use of the Property.
Personal Property
We are not responsible for loss of, theft of, or damage to any money, valuables, or personal belongings of you or your party, whether on the Property or in vehicles. Please secure your belongings. Items left behind may be discarded if unclaimed within a reasonable period, and return shipping, if available, is at your expense.
Damage, Cleaning & Additional Charges
You are responsible for the Property and its contents during your stay and for any loss or damage beyond normal wear and tear, whether caused by you, your party, or your invitees. Please report accidental damage promptly so we can resolve it fairly. You authorize charges for damage, missing or broken items, excessive cleaning, smoking indoors, unauthorized pets or guests, lost keys or codes, late checkout, and fines or costs we incur due to your conduct.
Security Cameras
For safety and security the Property has exterior cameras covering only outdoor areas (such as entries, the driveway and garage, and the pool exterior). There are no interior cameras and none in private areas. Disabling, obstructing, or tampering with security devices is prohibited and is grounds for termination of the stay without refund.
No Warranties; Amenities & Interruptions
The website and the Property are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. Amenities (including pool, hot tub, Wi-Fi, appliances, and HVAC) are subject to scheduled service and occasional outages or failures; we will make reasonable efforts to address issues but do not guarantee uninterrupted availability, and temporary outages beyond our reasonable control are not grounds for a refund.
Force Majeure
We are not liable for any failure or delay, and no refund beyond our Cancellation Policy is owed, due to events beyond our reasonable control, including acts of God, severe weather, fire, flood, extreme heat, natural disaster, utility or internet failure, mechanical breakdown, labor disputes, government action or orders, public-health emergencies, or other force-majeure events.
Third-Party Services
Bookings, payments, pricing, and certain features may be provided through third parties (such as OwnerRez, Helcim, PriceLabs, mapping, and booking platforms) that have their own terms and privacy policies. We are not responsible for the acts, omissions, availability, or content of these third parties.
Intellectual Property
All content on this website, including text, photographs, graphics, logos, and layout, is owned by or licensed to ZM Stays and is protected by intellectual-property laws. You may not copy, reproduce, republish, or use it for commercial purposes without our prior written permission.
Dispute Resolution; Arbitration & Class-Action Waiver
Please contact us first so we can try to resolve any concern informally. If we cannot, you and we agree that any dispute arising out of or relating to these Terms, the website, or your stay will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its applicable rules, seated in Maricopa County, Arizona, rather than in court, except that either party may bring a qualifying claim in small-claims court. YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. You may opt out of this arbitration agreement by emailing info@zmstays.com within 30 days of first accepting these Terms; opting out does not affect the other provisions.
Governing Law & Venue
These Terms and any dispute are governed by the laws of the State of Arizona, without regard to conflict-of-laws rules. Subject to the arbitration section above, the exclusive venue for any permitted court proceeding is the state or federal courts located in Maricopa County, Arizona, and you consent to their jurisdiction.
General
If any provision of these Terms is held unenforceable, the remaining provisions stay in effect, and the unenforceable provision will be enforced to the maximum extent permitted. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them in connection with a transfer of our business or the Property. These Terms, together with the House Rules, House Manual, and Cancellation Policy, are the entire agreement between you and us regarding your stay and supersede prior understandings.
Changes to These Terms
We may update these Terms from time to time. The version in effect at the time of your booking applies to your stay, and continued use of the website after changes are posted means you accept the updated Terms.
Contact
Questions about these Terms? Email info@zmstays.com or call us using the number on our website.
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