Legal
Guest Rental Contract & Terms of Service
Version 2.1 | Effective: March 14, 2026
This Guest Rental Contract and Terms of Service ("Agreement") governs your use of the Marquee Stays platform ("Platform") and any rental booking you make through it. By creating an account, making a booking, or using the Platform, you agree to all terms below.
Please read this agreement carefully. It contains a binding arbitration clause, class action waiver, limitation of liability, and other important legal provisions.
Part I: Platform Terms of Service
1. About Marquee Stays
Marquee Stays LLC ("Company," "we," "us") operates an online marketplace that connects guests seeking short-term lodging and event space rentals with property owners ("Hosts") during festivals, concerts, and special events. The Company is a marketplace facilitator and is not a party to any rental agreement between you and a Host. The Company does not own, control, or manage any listed properties.
Pricing on Marquee Stays is set by individual Hosts. While the Company may provide Hosts with pricing guidance based on comparable properties and market conditions, each Host independently determines the nightly rate for their property. Pricing displayed on listings reflects the Host's chosen rate plus applicable service fees and taxes.
2. Eligibility and Account Registration
To use the Platform, you must:
- Be at least 18 years of age
- Provide accurate, complete registration information
- Maintain the security of your account credentials
- Not create an account if previously suspended or terminated
You are responsible for all activity that occurs under your account. Notify us immediately at support@marqueestays.com if you believe your account has been compromised.
3. How Bookings Work
When you submit a booking request through the Platform, you are making an offer to rent the listed property under the terms presented at checkout. A binding reservation is created when you receive written booking confirmation. At that point, your payment method is authorized (and captured 24 hours before check-in). By confirming a booking, you agree to:
- Pay the full amount shown at checkout, including nightly rate, cleaning fees, service fees, and applicable taxes
- Comply with the Host's house rules as posted in the listing
- Use the property only for the purposes stated in your booking
- Be responsible for the conduct of all guests and invitees during your stay
4. Payments
4.1 Host-Set Nightly Rates
Nightly rates are set independently by each Host. Marquee Stays operates as a marketplace intermediary and may offer Hosts pricing guidance, but final pricing decisions belong to the Host. The nightly rate displayed on any listing is the Host's chosen rate. You agree to pay the rate shown at the time your booking is confirmed.
4.2 Cleaning Fees
Where applicable, a cleaning fee set by the Host is collected from you as part of your total booking charge. Cleaning fees are displayed transparently at checkout before you confirm your booking. The cleaning fee is disbursed to the Host via Stripe Connect as part of their payout; Marquee Stays does not retain cleaning fees. The Host is responsible for arranging cleaning services for the property.
4.3 Platform Fees
The Platform charges a service fee of 20% of the booking subtotal, displayed transparently at checkout. This fee covers platform operations, payment processing, and guest support services.
4.4 Taxes
As a marketplace facilitator, the Platform collects and remits applicable Colorado state sales tax, local accommodations taxes, and short-term rental taxes on your behalf. The total tax amount is displayed at checkout.
4.5 Payment Processing
All payments are processed securely through Stripe. By providing payment information, you authorize the Platform to charge your payment method for the full booking amount. The Platform uses manual capture — your card is authorized and captured at booking.
5. Cancellation and Refund Policy
5.1 Guest Cancellations
The guest cancellation policy, which is displayed prominently before booking, is 80% refunded if cancelled within 48 hours of booking the property. Platform service fees are non-refundable regardless of the cancellation policy, except where the Host cancels or the Platform determines a property did not meet listing standards.
5.2 Host Cancellations
In the rare event a Host cancels a confirmed booking, you will receive a full refund including all fees and taxes. The Platform will also make reasonable efforts to help you find comparable alternative accommodation.
5.3 Extenuating Circumstances
In cases of documented emergencies or force majeure events (major natural disasters, government travel prohibitions, etc.), the Platform may, at its sole discretion, offer refunds or credits outside the standard cancellation policy. The Platform's determination in such cases is final.
6. Guest Reviews
After each stay, you may be invited to leave an honest review of the property and Host. Reviews must be truthful, based on your actual experience, and may not be defamatory, harassing, or fraudulent. The Platform reserves the right to remove reviews that violate these standards. Hosts may also review Guests, and those reviews may be visible to future Hosts.
7. Prohibited Uses
You may not use the Platform or any booked property for:
- Commercial filming, photography, or production without Host's express written consent and proper commercial booking
- Conducting illegal activity of any kind
- Hosting events that exceed the listed guest capacity
- Subleasing or re-listing the property to third parties
- Misrepresenting the purpose or nature of your booking
- Circumventing the Platform by arranging payment directly with a Host
8. Intellectual Property
All Platform content, trademarks, logos, and software are the property of Marquee Stays LLC and may not be reproduced, copied, or distributed without our prior written consent.
9. Privacy
Your use of the Platform is also governed by our Privacy Policy, which is incorporated herein by reference. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy.
10. Termination of Account
We may suspend or terminate your account for violation of this Agreement, fraudulent activity, abusive conduct toward Hosts or Platform staff, or any other behavior we determine is harmful to the community. You may close your account at any time by contacting support, subject to obligations arising from confirmed bookings.
Part II: Rental Terms and Conditions
This Part II, together with the specific booking confirmation and any property-specific house rules, constitutes the binding rental contract between you ("Guest") and the property Host for any booking made through the Platform.
Parties to this rental contract: The rental agreement is between you (Guest) and the Host identified in your booking confirmation, at the property address stated therein. Marquee Stays LLC is the platform facilitator that enables this transaction. Marquee Stays is not the landlord, property owner, lessor, or property manager of any listed property, has no authority over the property, and is not a party to the rental itself. Marquee Stays's role is limited to: facilitating the transaction; collecting payment on behalf of the Host as a payment processor; and providing the platform through which this agreement is formed.
The specific check-in and check-out dates, maximum occupancy, nightly rate, cleaning fee, platform service fee, and applicable taxes are set out in your booking confirmation, which is incorporated into this agreement by reference.
11. Rental Period and Access
Your rental begins and ends at the times specified in your booking confirmation. Early check-in or late check-out is subject to Host availability and prior approval. Unauthorized early arrival or overstaying your rental period may result in additional charges and, in extreme cases, removal from the property.
You will receive check-in instructions from the Host no later than 24 hours before your stay begins. If you do not receive instructions, contact the Host through the Platform messaging system and, if unresolved, contact Platform support immediately.
12. Permitted Use and Occupancy
The property is rented for residential, lodging, and permitted event use only. The maximum occupancy stated in the listing may not be exceeded at any time. You are responsible for ensuring all your guests and invitees comply with the Host's rules, this Agreement, and all applicable laws.
Permitted event uses include: private gatherings, festival overflow lodging, corporate retreats, and similar private residential events. Commercial events, public events open to ticketed admission, and professional production activities require separate Host authorization and may not be assumed.
13. Property Care and Prohibited Conduct
You agree to:
- Treat the property and its contents with care and leave them in the same condition in which you found them
- Report any pre-existing damage or issues to the Host through the Platform within 1 hour of check-in
- Not smoke inside the property unless explicitly permitted in the listing
- Not bring pets unless explicitly permitted in the listing
- Comply with all posted noise ordinances and neighborhood quiet hours
- Not use or permit illegal drugs on the property
- Not tamper with safety equipment including smoke detectors, carbon monoxide detectors, or fire extinguishers
- Comply with all parking instructions
- Ensure all doors, windows, and entry points are secured when leaving
Violation of any of the above may result in immediate termination of your rental without refund, removal from the property, and charges for damage, cleaning, or fines incurred as a result of your conduct.
14. Damage and Liability
14.1 Guest Responsibility for Damage
You are responsible for any damage to the property, its contents, or common areas caused by you, your guests, or your invitees during your rental period. This includes accidental damage, intentional damage, and damage resulting from conduct that violates the Host's rules.
14.2 Security Deposit Claims
If the Host identifies damage and submits a claim with supporting documentation (photographs and repair estimates) within 72 hours of your check-out, the Platform may deduct the repair or replacement cost from your security deposit. If damages exceed the security deposit, you authorize the Platform to charge your payment method on file for the additional amount.
14.3 Your Insurance
You are encouraged to obtain travel insurance or short-term rental guest liability insurance for your stay. Some homeowners or renters insurance policies may provide coverage for your personal belongings during travel; check with your insurer. The Platform does not provide insurance for Guests' personal property.
14A. Host Warranties and Property Condition
By confirming a booking, the Host warrants to you that: (a) the property will be clean, in the condition described in the listing, and accessible to you at the agreed check-in time; (b) all amenities listed as available will be functional; and (c) the property complies with all applicable safety codes and local rental licensing requirements. These warranties run from the Host to the Guest. Marquee Stays does not make and expressly disclaims any warranties regarding the condition of any listed property.
If the property materially fails to meet these warranties, your remedy is against the Host. Marquee Stays will provide dispute facilitation as described in Section 23.1, but is not itself liable for a Host's failure to deliver the property as described.
14B. Chargeback Agreement
Because Marquee Stays collects the full booking amount upfront on behalf of the Host, chargebacks impose direct harm on Hosts for services legitimately rendered. By confirming a booking, you agree that you will not initiate a chargeback or payment dispute with your card issuer except where the Host materially failed to deliver the property as described in the listing (e.g., the property was uninhabitable, inaccessible, or fundamentally misrepresented) and you have first contacted Platform support and allowed a reasonable opportunity to resolve the dispute.
If you have a legitimate complaint, the correct process is to contact Platform support within 72 hours of check-out (or immediately upon discovering an issue at check-in). Marquee Stays will investigate and facilitate resolution. Initiating a chargeback without following this process may constitute a breach of this Agreement and you may be held liable for the resulting losses, including chargeback fees.
15. Health and Safety
You must comply with all health and safety standards applicable to the property. If you identify a safety hazard at the property, you should: (1) remove yourself and others from immediate danger; (2) contact emergency services (911) if appropriate; and (3) notify the Host and Platform support. The Host is responsible for the overall safety of the property.
Emergency numbers: Fire/Police/Medical — 911 | Platform support — 720-272-4035
If you discover that the property materially differs from the listing description (e.g., a non-functional amenity that was advertised, pest infestation, or safety hazard), contact Platform support immediately. The Platform will work with you and the Host to resolve the issue, which may include a partial refund or assistance finding alternative accommodation.
16. Noise and Neighborhood Conduct
You agree to respect the surrounding neighborhood and comply with all applicable noise ordinances. For most locations quiet hour regulations are generally 10:00 PM – 7:00 AM but may vary by location and are subject to municipal or HOA rules. The Host may have additional quiet hour requirements. Violations that result in complaints, citations, fines, or law enforcement involvement are your responsibility and may result in additional charges and/or removal from the property.
17. Alcohol and Controlled Substances
Reasonable personal consumption of alcohol by adults of legal drinking age is permitted unless the Host's rules prohibit it. You assume all liability for the responsible service and consumption of alcohol during your stay. Large-scale serving of alcohol, keg events, or commercial bar service requires prior Host authorization. Illegal controlled substances are prohibited on all properties listed on the Platform.
18. Check-Out Obligations
At the end of your rental period, you agree to:
- Remove all personal belongings
- Dispose of trash in designated receptacles
- Wash and put away dishes (or follow Host's specific instructions)
- Return all keys, access cards, or gate openers to the designated location
- Lock all doors and windows
- Leave the property in the same general condition as found
Failure to meet reasonable check-out obligations may result in deductions from your security deposit for cleaning or replacement costs.
19. Lost and Found
The Platform and Hosts are not responsible for personal property left behind after check-out. If you believe you have left an item, contact the Host through the Platform within 48 hours. Any shipping costs to return found items are your responsibility.
Part III: Legal Terms
20. Disclaimer of Warranties
The Platform and all listings are provided "as is" and "as available" without warranties of any kind, express or implied. The Company does not warrant that the Platform will be error-free, that listings are accurate, or that Hosts will fulfill their obligations. Use of the Platform is at your sole risk.
21. Limitation of Liability
To the maximum extent permitted by law, the Company and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from: (a) your use of the Platform or a booked property; (b) conduct of any Host or third party; (c) cancellation of a booking; or (d) any property damage, personal injury, theft, or loss during a stay. The Company's maximum aggregate liability for any claim arising from or related to this Agreement shall not exceed the platform service fee collected by Marquee Stays for the specific booking giving rise to the claim — not the total booking value. Nightly rates and cleaning fees are collected on behalf of the Host and are outside the scope of Marquee's liability cap.
22. Indemnification
You agree to indemnify and hold harmless the Platform, its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from: (a) your use of the Platform or any booked property; (b) your breach of this Agreement; (c) your violation of any applicable law; (d) any damage caused by you, your guests, or your invitees; or (e) any dispute between you and a Host.
23. Dispute Resolution
23.1 Booking Disputes
For disputes relating to a specific booking (property condition, deposit claims, cancellations), contact Platform support within 72 hours of check-out. The Platform will review submitted evidence and attempt to facilitate a fair resolution. The Platform's decision on booking disputes within program limits is final.
23.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Platform that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Boulder, Colorado. Each party shall bear its own costs unless the arbitrator determines otherwise.
23.3 Class Action Waiver
You agree that any dispute resolution proceeding 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 arbitration, you and the Company each waive any right to a jury trial.
23.4 Governing Law
This Agreement is governed by the laws of the State of Colorado without regard to conflict of law provisions. Any litigation not subject to arbitration shall be brought exclusively in courts located in Boulder County, Colorado.
24. Modifications to These Terms
The Company reserves the right to modify these Terms at any time. For material changes, we will provide at least 30 days' notice by email to your registered address. Your continued use of the Platform after the effective date of modifications constitutes acceptance of the updated terms. This Version 2.1 supersedes prior versions, including Version 2.0 (March 14, 2026) and Version 1.0 (February 1, 2026).
25. Miscellaneous
If any provision of this Agreement is found unenforceable, the remaining provisions remain in full force. The failure of the Company to enforce any provision is not a waiver of that provision. This Agreement constitutes the entire agreement between you and the Company regarding your use of the Platform and supersedes all prior agreements.