AvantStay Payment Plan Addendum

This Addendum supplements that certain Guest Agreement regarding the Booking defined therein and identified in Part I below. The terms and conditions of the Guest Agreement are incorporated and restated fully herein.

PART I — PAYMENT PLAN DETAILS

The following variable terms apply to this specific Booking.

Primary Guest Name{GUEST_NAME}
Property Address{PROPERTY_ADDRESS}
Property Name{PROPERTY_NAME}
Check-In{CHECK_IN_DATE}
Total Cost of Stay{TOTAL_COST}
Payment Plan{PAYMENT_PLAN_SELECTED}
First Installment{PAYMENT_PLAN_INSTALLMENT_1_AMOUNT} due {PAYMENT_PLAN_INSTALLMENT_1_DATE}
Second Installment{PAYMENT_PLAN_INSTALLMENT_2_AMOUNT} due {PAYMENT_PLAN_INSTALLMENT_2_DATE}
Agreement Executed{AGREEMENT_DATE} at {AGREEMENT_TIME}

PART II — PAYMENT PLAN TERMS

  1. Acceptance and Agreement

    1. By selecting the Payment Plan at checkout, clicking "I agree," or otherwise authorizing the first installment, you acknowledge that you have read, understood, and agree to be bound by these Payment Plan Terms, the Guest Agreement, AvantStay's general Terms of Service, the property-specific Cancellation Policy displayed for your stay, and AvantStay's Privacy Policy (collectively, the "Agreement"). If you do not agree, do not select the Payment Plan.
    2. In the event of a conflict between these Payment Plan Terms, your Guest Agreement, and AvantStay's general Terms of Service with respect to the timing or method of payment for a booking that uses the Payment Plan, these Payment Plan Terms control. All other terms of the Guest Agreement and Terms of Service remain in full effect.

  2. Definitions

    1. "Booking" means your reservation of a vacation rental property through avantstay.com, as defined in your Guest Agreement and described in Part I.
    2. "Business Day" means any day that is not a Saturday, Sunday, or U.S. federal holiday.
    3. "Final Installment Date" means the date by which all amounts under the Payment Plan must be paid in full, which will be no later than the date specified in your Payment Schedule and in any event no later than your scheduled check-in date.
    4. "Installment" means each scheduled payment under your Payment Schedule, including the First Installment.
    5. "First Installment" means the initial payment due at the time of booking, which is required to confirm your Booking.
    6. "Payment Method" means the credit card, debit card, or U.S. bank account (ACH) you authorize for use under the Payment Plan.
    7. "Payment Plan" means the optional, no-interest, no-finance-charge installment program described in these Payment Plan Terms.
    8. "Payment Schedule" means the schedule of Installments (number, amount, and due date of each) presented to you at checkout and confirmed in your booking confirmation email.
    9. Other terms not defined herein shall have the meaning defined in the Guest Agreement for this Booking.

  3. Eligibility

    1. To use the Payment Plan, you must:
      1. Be at least 18 years of age (19 in Alabama and Nebraska, 21 in Mississippi, or such other age of majority as applies in your state of residence);
      2. Be a resident of one of the fifty United States or the District of Columbia;
      3. Have a valid U.S.-issued credit card, debit card, or U.S. bank account in your own name as your Payment Method;
      4. Make your Booking directly through AvantStay (avantstay.com, proprietary hotel websites for AvantStay-managed hotels, or AvantStay mobile application)—the Payment Plan is not available through third-party booking channels; and
      5. Provide accurate, current, and complete information at checkout.
    2. Availability of the Payment Plan may be limited based on the property, lead time before check-in, Total Cost of Stay, and other factors. AvantStay reserves the right to decline any Booking for the Payment Plan in its sole discretion, including for fraud-prevention or risk-management reasons. The Payment Plan is offered solely for personal, household, or family use and may not be used for commercial reservations or group event bookings unless expressly approved by AvantStay in writing.

  4. The Payment Plan — General Terms

    1. The Payment Plan allows you to pay your Total Cost of Stay in two Installments without interest, finance charges, or service fees. The exact number of Installments, the amount of each, and the due dates are determined at checkout based on factors that may include, without limitation: stay length, Total Cost of Stay, lead time between Booking and check-in, the property's minimum-deposit policy, and seasonal or promotional considerations. Your specific Payment Schedule will be displayed for your review and acceptance before you complete your Booking.
    2. No interest. No finance charge. AvantStay does NOT charge interest, a finance charge, an annual percentage rate, an origination fee, a service fee, or a late fee in connection with the Payment Plan. The Total Cost of Stay you see at checkout is the same amount you will pay if you pay in full at booking or in Installments.
    3. You may prepay any or all remaining Installments at any time without penalty by logging into your AvantStay account or contacting us at the email address in Section 10(a).

  5. Payment Schedule and Confirmation

    1. Before you confirm your Booking, AvantStay will display your Payment Schedule, including:
      1. The Total Cost of Stay (itemized);
      2. The number of Installments (between two and four);
      3. The amount of each Installment;
      4. The due date of each Installment; and
      5. The Final Installment Date.
    2. Your booking confirmation email will memorialize your Payment Schedule. The Final Installment Date will not fall later than your scheduled check-in date and, in most cases, will fall at least seven (7) days before check-in. AvantStay may, in its discretion, adjust the Payment Schedule with your prior consent if you modify your Booking (for example, by changing dates or adding nights).

  6. Authorization to Charge Your Payment Method

    1. By selecting the Payment Plan, you authorize AvantStay and its third-party payment processors to charge your Payment Method for each Installment in the amount and on the date specified in your Payment Schedule. You acknowledge that:
      1. You are the authorized cardholder or accountholder of the Payment Method;
      2. You will keep the Payment Method information current, including by promptly updating expiration dates, billing addresses, and account changes;
      3. AvantStay may, where permitted by your card network or bank, use account updater services to keep the Payment Method current;
      4. Charges may appear on your statement as "AvantStay" or a similar identifier; and
      5. Charges to a non-U.S. account, where accepted, may incur foreign-transaction or currency-conversion fees imposed by your card issuer or bank, for which you are solely responsible.
    2. ACH authorization. If you select a U.S. bank account as your Payment Method, you authorize AvantStay to initiate Automated Clearing House (ACH) debit entries to that account for each Installment in accordance with NACHA Operating Rules. You may revoke this ACH authorization at any time by giving AvantStay written notice at least three (3) Business Days before the next scheduled Installment, in such time and manner as to afford AvantStay and your bank a reasonable opportunity to act on it. Revoking ACH authorization does not relieve you of the obligation to pay your remaining Installments by another approved Payment Method, and may result in cancellation of your Booking under Section 8 unless an alternative Payment Method is provided.

  7. Updating or Replacing Your Payment Method

    1. You may update or replace your Payment Method at any time through your AvantStay account or by contacting AvantStay support. Updates received less than three (3) Business Days before the next scheduled Installment may not be applied in time to prevent a charge to the prior Payment Method.

  8. Failed or Returned Payments

    1. Notification and retry. If an Installment is declined, returned, or otherwise fails (for example, for insufficient funds, a closed account, or an expired card), AvantStay will notify you by email and may retry the charge once after three (3) Business Days. You agree to receive these notifications electronically.
    2. Returned payment fee. If your bank or card issuer returns or reverses a payment, AvantStay may charge a returned payment fee of $25 or the maximum amount permitted by the law of your state of residence, whichever is less. AvantStay imposes this fee in cash and credit transactions alike, on the same terms, and not as a charge for the extension of credit. State-specific caps and prohibitions are set forth in Section 15.
    3. No late fees. AvantStay does NOT charge late fees on unpaid Installments.
    4. Cancellation for non-payment. If an Installment remains unpaid after the retry described above, AvantStay may, after providing you reasonable notice and an opportunity to cure, cancel your Booking. If your Booking is canceled for non-payment, the Cancellation Policy displayed at checkout will determine what portion (if any) of amounts already paid is refundable. Cancellation for non-payment does not give rise to any further payment obligation under the Payment Plan, and AvantStay will not attempt to collect additional Installments after cancellation.

  9. Cancellations, Modifications, and Refunds

    1. Cancellation by you. If you cancel your Booking, the property-specific Cancellation Policy you reviewed and accepted at checkout governs the amount, if any, that will be refunded. The use of the Payment Plan does not modify the Cancellation Policy. After you cancel, no further Installments will be charged. If the Cancellation Policy entitles you to a refund of amounts already paid, AvantStay will issue the refund to your original Payment Method within ten (10) Business Days of confirming the cancellation, except where state law requires a faster timeframe (see Section 15).
    2. Modifications. If you modify your Booking and AvantStay accepts the modification, AvantStay may provide you with an updated Payment Schedule reflecting any change in the Total Cost of Stay. You must consent to the updated Payment Schedule before the modification becomes effective.
    3. Cancellation by AvantStay. If AvantStay cancels your Booking for reasons other than your default (for example, property unavailability or force majeure as set out in our Terms of Service), AvantStay will refund all Installments paid to your original Payment Method or, at your election, provide a comparable substitute property or a future-stay credit. State law may entitle you to a cash refund regardless of the form of original payment; nothing in these Payment Plan Terms limits any such right.

  10. Disputed Charges and Federal Billing-Rights Notice

    1. Talk to us first. If you believe an Installment was charged in error, please contact AvantStay at experience@avantstay.com within sixty (60) days of the charge so we can investigate and resolve the issue. Most billing questions can be resolved quickly without involving your card issuer or bank.
    2. Your federal credit-card billing rights. If you pay with a credit card, you may have rights under the Fair Credit Billing Act (15 U.S.C. § 1666 et seq.) to dispute billing errors with your card issuer. The federal Truth in Lending Act notice titled "Your Billing Rights: Keep This Notice for Future Use" is available from your card issuer.
    3. Your federal electronic-fund-transfer rights. If you pay by debit card or ACH from a U.S. bank account, you may have error-resolution rights under the Electronic Fund Transfer Act (15 U.S.C. § 1693f) and Regulation E (12 C.F.R. Part 1005). Contact your bank promptly—generally within sixty (60) days of the statement showing the disputed transfer.
    4. Chargebacks. Initiating a chargeback before contacting AvantStay may delay resolution and, where the chargeback is determined to be invalid, may result in suspension of your AvantStay account and re-charge of the disputed amount. Nothing in this paragraph limits your statutory right to dispute a charge with your card issuer or bank.

  11. Electronic Records and Communications (E-SIGN Consent)

    1. By selecting the Payment Plan, you consent under the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) ("E-SIGN") and applicable state Uniform Electronic Transactions Acts (UETA) to receive these Payment Plan Terms, your Payment Schedule, billing notices, change-in-terms notices, refund confirmations, and other communications relating to the Payment Plan in electronic form, including by email at the address you provide and through your AvantStay account.
    2. Hardware and software requirements. To access and retain electronic communications, you need: (a) a computer or mobile device with internet access; (b) a current version of a major web browser; (c) an email account and the ability to receive emails from AvantStay; and (d) software capable of viewing PDF documents and the ability to print or save these documents.
    3. Updating contact information. You must keep your email address and other contact information current. AvantStay is not responsible for communications you do not receive because of an outdated email address that you failed to update.
    4. Telephone and SMS. Where you have provided a mobile number and consented to receive text messages, AvantStay may send you transactional payment-related messages (e.g., upcoming Installment reminders). Message and data rates may apply. Reply STOP to opt out of marketing messages; transactional messages necessary to service your Booking will continue.

  12. Privacy and Data Security

    1. AvantStay's collection, use, and disclosure of personal information in connection with the Payment Plan is governed by our Privacy Policy, available at privacy.avantstay.com. The Privacy Policy describes how we use payment-related information, the rights available to residents of California, Colorado, Connecticut, Delaware, Iowa, Montana, New Jersey, Oregon, Texas, Utah, Virginia, and other states with applicable privacy statutes, and how to submit requests to access, correct, or delete your information.

  13. Identity Verification and Fraud Prevention

    1. AvantStay may, consistent with applicable law, verify your identity and screen Bookings for fraud, including by requesting documentation, performing card-issuer verification, and using third-party fraud-screening services. AvantStay does not perform a consumer credit report inquiry under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) for purposes of approving the Payment Plan.

  14. Servicemember Statement

    1. The Payment Plan is not a "consumer credit" transaction subject to the federal Military Lending Act (10 U.S.C. § 987 and 32 C.F.R. Part 232) because it does not include a finance charge and is payable in four or fewer Installments. Notwithstanding the foregoing, if you are a covered member of the Armed Forces or a covered dependent and you experience difficulty meeting your Payment Schedule because of military service, please contact AvantStay at the address in Section 10(a) and we will work in good faith to accommodate you, including by adjusting the Payment Schedule or rescheduling your Booking where reasonably possible.

{GUEST_NAME}
Guest
Agreed on {AGREEMENT_DATE} at {AGREEMENT_TIME}

{MANAGING_ENTITY}
Vacation Rental Manager / Licensor

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