Effective Date: April 1, 2026
These AvantStay Membership Terms and Conditions ("Terms") constitute a legally binding agreement between AvantStay, Inc. ("AvantStay," "Company," "we," "us," or "our") and the individual who purchases and activates a Membership ("Member," "you," or "your"). By purchasing, activating, or using any benefit of an AvantStay Membership, you agree to be bound by these Terms in their entirety, together with AvantStay's General Terms of Service, Privacy Policy, and any other policies incorporated herein by reference, all of which are available at www.avantstay.com.
If you do not agree to these Terms, do not purchase or activate a Membership.
As used in these Terms, the following definitions apply:
The AvantStay Membership Program is an annual subscription offering Members exclusive benefits, including a Membership Discount on Eligible Properties, Early Access to Sales, and access to Concierge Services & Experiences, subject to the terms and limitations set forth herein.
Membership may be purchased: (a) as a standalone transaction through the AvantStay platform; or (b) as an add-on at the time of a Booking during the checkout process. Membership is available to individuals who (i) are at least 21 years of age, (ii) hold a valid Account in good standing, and (iii) reside in a jurisdiction where the Membership is offered.
Membership benefits activate upon successful payment of the Membership Fee. When Membership is purchased alongside a Qualifying Booking, the Membership Discount and any other applicable benefits will be applied to that Qualifying Booking in accordance with Section 6.3.
NOTICE OF AUTOMATIC RENEWAL: YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW EACH YEAR ON YOUR RENEWAL DATE AT THE THEN-CURRENT MEMBERSHIP FEE. YOUR PAYMENT METHOD ON FILE WILL BE CHARGED UNLESS YOU CANCEL BEFORE YOUR RENEWAL DATE. SEE SECTION 4.3 FOR CANCELLATION INSTRUCTIONS.
The Membership Fee for the initial term is disclosed at the time of purchase. By purchasing a Membership, you authorize AvantStay (or its payment processor) to charge your designated payment method for the Membership Fee.
At the end of each Membership year, your Membership will automatically renew for a successive one-year term. We will charge the then-current Membership Fee to your payment method on file on or around your Renewal Date. AvantStay reserves the right to modify the Membership Fee for any renewal term upon providing written notice to the email address associated with your Account at least thirty (30) days prior to the effective date of the change in Membership Fee. If you do not cancel before your Renewal Date after receiving such notice, you authorize the charge of the new fee.
You may cancel the automatic renewal of your Membership at any time by: (a) logging into your Account and navigating to Membership Settings; (b) contacting AvantStay Member Services at members@avantstay.com; or (c) such other method as AvantStay may make available. Cancellation of auto-renewal must be submitted at least twenty-four (24) hours prior to your Renewal Date to take effect for the upcoming renewal cycle. Cancellation of auto-renewal does not terminate your Membership for the current paid term; benefits remain active through the end of the current term. Refunds upon cancellation are governed by Section 5.
AvantStay will send a renewal reminder to the email address associated with your Account no fewer than fifteen (15) days before your Renewal Date, setting forth the Membership Fee that will be charged and instructions for cancellation.
If a renewal payment fails, AvantStay will make up to three (3) additional retry attempts within seven (7) calendar days (the "Grace Period"). During the Grace Period, your Membership benefits will remain temporarily suspended. If payment is successfully collected within the Grace Period, benefits will be reinstated and your Renewal Date will not change. If payment is not collected within the Grace Period, your Membership will be cancelled and benefits will lapse. AvantStay will notify you by email of any failed payment and of the cancellation of your Membership. Reinstatement of a lapsed Membership will require re-enrollment at the then-current Membership Fee.
The Membership Fee is exclusive of all applicable taxes. Member is responsible for all applicable federal, state, local, and foreign taxes, duties, and levies relating to the Membership.
The following refund rules apply based on the status of the Member's Membership and associated Booking(s):
| Booking Status | Membership Status | Outcome |
|---|---|---|
| Cancelled | Cancelled | Full refund of both Booking amount and Membership Fee, subject to the applicable Booking cancellation policy. |
| Retained | Cancelled | No refund of the Membership Fee. Any Membership Discount already applied to the retained Booking will not be reversed. Membership benefits cease upon the end of the term in effect at the time of cancellation. |
| Cancelled | Retained | Full refund of the Booking amount, subject to the applicable Booking cancellation policy. Membership Fee is non-refundable; Membership benefits remain active for the current term. |
| Retained | Retained | No action required. All benefits remain active. |
Except as expressly provided in Section 5.1 (joint cancellation scenario), otherwise stated in this Agreement, or required by applicable law, the Membership Fee is non-refundable once the Membership term has commenced. If a Member cancels the Membership while retaining an associated Booking to which a Membership Discount was applied, the Membership Discount Value that was applied to such Booking will not be reversed, recaptured, or subtracted from the Booking amount; however, no refund of the Membership Fee will be issued. This policy does not limit, and shall not be construed to limit, any rights a Member may have under applicable consumer protection laws, including mandatory cooling-off or withdrawal rights in jurisdictions where such rights apply.
No pro-rated or partial-year refunds of the Membership Fee will be issued for any reason, except where required by applicable law.
Members who believe a charge was made in error must contact AvantStay Member Services at members@avantstay.com within thirty (30) days of the charge date. AvantStay reserves all rights to respond to, contest, and provide documentation in connection with any payment disputes or chargebacks initiated by a Member.
Active Members will receive the Membership Discount automatically applied to Bookings at Eligible Properties for the duration of their Membership term. The Membership Discount will be displayed and applied during the checkout process.
Not all Properties on the AvantStay platform are Eligible Properties. AvantStay determines Property eligibility for the Membership Discount at its reasonable discretion and may add or remove Properties from eligibility at any time with or without prior notice. AvantStay will endeavor to maintain a reasonable selection of Eligible Properties across its portfolio, but makes no guarantee as to the number or geographic distribution of Eligible Properties at any given time. The current list of Eligible Properties, where applicable, will be indicated on the AvantStay platform.
The Membership Discount may not be used concurrently with any other promotional codes, coupons, referral discounts, credits, or third-party offers (collectively, "Other Offers") on any single Booking, except as set forth below. If an Other Offer is applied to a Booking, the Membership Discount will be automatically withheld for that Booking; the Member will not receive both. The Member retains the right to choose whether to apply the Membership Discount or an Other Offer to any given Booking, but not both.
Exception — Qualifying Booking: Solely with respect to the Qualifying Booking made at the time of the initial Membership purchase in the same checkout transaction, both the Membership Discount and one applicable Other Offer (if any) may be applied concurrently. This exception applies only to that single Qualifying Booking and does not carry forward to any subsequent Booking.
The Membership Discount will be automatically applied to Deals (Properties offered at a promotional or reduced base rate), subject to Section 6.2 (Eligible Property requirement) and Section 6.3 (no concurrent discounting). For the avoidance of doubt, the Membership Discount will be calculated on the Deal price as the base, not on any higher regular rack rate.
The Membership Discount rate applicable to a Booking is the rate in effect at the time the Booking is confirmed. AvantStay reserves the right to modify the Membership Discount rate for new Bookings made after the effective date of such modification upon reasonable notice to Members. Any change to the Membership Discount rate will not affect Bookings already confirmed prior to the change.
Certain Memberships may include access to Concierge Services & Experiences, which may include, without limitation, curated in-property experiences, local excursions, chef services, transportation arrangements, and other amenity add-ons offered through AvantStay or partnering third-party vendors ("Vendors").
Concierge Services & Experiences are not available at all Properties and are subject to availability at each location. Availability is determined by AvantStay and its Vendors at their respective reasonable discretion and may vary by season, Property, and demand. AvantStay makes no guarantee that any specific Concierge Service or Experience will be available at any particular Property or time. AvantStay will endeavor to provide accurate and current information regarding available Concierge Services & Experiences through the platform or by contacting Member Services.
All Concierge Services & Experiences must be requested and confirmed prior to the commencement of a stay. A minimum advance notice of seventy-two (72) hours before check-in is required for all requests, and many Services or Experiences require significantly longer lead times. Requests submitted less than seventy-two (72) hours before check-in, or requests for experiences with longer lead-time requirements, may not be accommodated. AvantStay strongly encourages Members to request Concierge Services & Experiences at the earliest possible opportunity, ideally at the time of Booking confirmation.
Certain Concierge Services & Experiences are provided by independent Vendors. AvantStay does not guarantee the availability, quality, or performance of any Vendor and is not responsible for any acts or omissions of Vendors. Member's use of Vendor services may be subject to separate terms and conditions imposed by the Vendor. AvantStay shall have no liability for any Vendor's failure to perform.
Concierge Services & Experiences may be subject to additional charges beyond the Membership Fee. Applicable pricing will be disclosed at the time of booking the Service or Experience.
Active Members will receive early access to designated sales and promotional events ("Member Early Access"). The duration of any advance window afforded to Members before a sale is made available to the general public is determined by AvantStay in its reasonable discretion and may vary by sale event. AvantStay does not guarantee a minimum advance window for any given sale. Early Access notifications will be delivered to the email address or phone number via SMS associated with the Member's Account; it is the Member's sole responsibility to maintain a current and accurate email address and phone number on their Account.
A Membership is tied exclusively to the Member's Account (identified by the registered email address and associated personal information). Membership benefits may only be used by the Account holder who purchased the Membership and may not be shared, transferred, sold, gifted, sublicensed, or otherwise conveyed to any other person or entity, whether for compensation or otherwise.
Members may not share their Account credentials or Membership benefits with any third party. AvantStay reserves the right to suspend or terminate a Membership, without refund, if it reasonably determines that a Membership is being used by any person other than the registered Member, or that Account credentials are being shared.
Each Account may hold only one active Membership at a time. Duplicate or multiple Memberships associated with the same Account are not permitted and may be canceled by AvantStay, with a refund of any duplicative fees at AvantStay's discretion.
Members are responsible for maintaining accurate, current, and complete Account information. AvantStay is not responsible for Membership benefits, notices, or communications that are lost or inaccessible due to inaccurate or outdated Account information.
AvantStay reserves the right to immediately suspend or terminate a Membership, without notice and without refund, if a Member: (a) breaches any provision of these Terms or AvantStay's General Terms of Service; (b) engages in fraudulent, abusive, or unlawful conduct in connection with the Membership or platform; (c) files a fraudulent or unjustified chargeback or payment dispute; (d) permits unauthorized use of their Membership or Account in violation of Section 9; or (e) provides false or misleading information to AvantStay.
AvantStay may discontinue the Membership Program or terminate any Member's Membership without cause upon thirty (30) days' prior written notice to the Member's Account email. In such event, AvantStay will provide a pro-rated refund of the unused portion of the Membership Fee for the current term.
Upon termination or expiration of a Membership for any reason: (a) all Membership benefits immediately cease; (b) any Membership Discount previously applied to confirmed Bookings that have not yet occurred will be subject to AvantStay's reasonable determination on a case-by-case basis; and (c) the Member may continue to use the AvantStay platform as a non-member subject to the General Terms of Service.
AvantStay reserves the right to modify these Terms, the Membership Fee, the Membership Discount rate, and any aspect of the Membership Program at any time. Material changes will be communicated to the Member's Account email address at least thirty (30) days prior to taking effect. Non-material changes (including, without limitation, clarifications or corrections that do not adversely affect Member rights) may take effect immediately upon posting to the AvantStay website. A Member's continued use of Membership benefits after the effective date of any modification constitutes acceptance of the modified Terms. If a Member does not agree to a material modification, the Member's sole remedy is to cancel the Membership prior to the effective date of such modification.
THE MEMBERSHIP AND ALL ASSOCIATED BENEFITS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AVANTSTAY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AVANTSTAY DOES NOT WARRANT THAT ANY BENEFIT, DISCOUNT, PROPERTY, OR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVANTSTAY'S TOTAL CUMULATIVE LIABILITY TO A MEMBER FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE MEMBERSHIP PROGRAM SHALL NOT EXCEED THE MEMBERSHIP FEE PAID BY THAT MEMBER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL AVANTSTAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
Before initiating any formal dispute, a Member must first contact AvantStay Member Services and attempt to resolve the dispute informally for a period of at least thirty (30) days.
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms, the Membership, or any Booking shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, or such other recognized arbitration body as AvantStay may designate, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. MEMBERS WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDINGS. This waiver may not be severed from the arbitration agreement; if this waiver is found unenforceable, the arbitration agreement shall be null and void.
These Terms shall be governed by the laws of the State of Texas, without regard to conflict of laws principles. Any claims not subject to arbitration shall be brought exclusively in the state or federal courts located in Austin, Texas.
These Terms, together with AvantStay's General Terms of Service and Privacy Policy, constitute the entire agreement between the parties with respect to the Membership Program and supersede all prior negotiations, representations, warranties, and understandings.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.
AvantStay's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
AvantStay may assign these Terms and any rights hereunder without restriction. Members may not assign any rights or obligations under these Terms.
AvantStay shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, labor disputes, government actions, internet or utility disruptions, or third-party platform outages.
By enrolling in the Membership Program, Member consents to receive communications from AvantStay electronically, including renewal notices, benefit updates, and other Membership-related communications, to the email address associated with the Account.
Questions regarding these Terms or the Membership Program should be directed to: AvantStay Member Services, members@avantstay.com, [address to be inserted].