Terms of Service

Welcome to BrokenBowStays.com (the "Site"). These Terms of Service ("Terms") govern your access to and use of the Site and the vacation rental marketplace services (the "Services") operated by BrokenBowStays.com ("we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms.

1. Eligibility

You must be at least 18 years of age and capable of forming a legally binding contract to use our Services. By using the Site, you represent and warrant that you meet these requirements. If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

2. Accounts

To access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Promptly update your account information as needed
• Notify us immediately of any unauthorized use of your account
• Not share your account credentials with any third party

We reserve the right to suspend or terminate your account if we suspect any unauthorized or fraudulent activity.

3. Booking Terms

Our platform facilitates bookings between guests and property owners ("hosts"). When you make a booking through the Site:

• You are entering into a direct rental agreement with the host of the property
• You agree to comply with all property rules, check-in/check-out times, and occupancy limits
• You acknowledge that property listings are provided by hosts and that we do not guarantee the accuracy of listing descriptions, photos, or amenities
• You understand that availability is subject to confirmation by the host
• You must be at least 21 years of age to book a property unless otherwise stated

4. Payments and Refunds

All payments are processed securely through our third-party payment processor. By making a payment, you agree to:

• Pay the total booking amount, including all applicable taxes, service fees, and cleaning fees as displayed at checkout
• Provide valid and authorized payment information
• Our service fee is non-refundable unless the booking is cancelled within 24 hours of confirmation and the check-in date is at least 14 days away

Refunds are processed according to the applicable cancellation policy for the property and typically take 5–10 business days to appear on your statement after processing.

5. Cancellation Policies

Each property may have its own cancellation policy (Flexible, Moderate, or Strict), which is displayed on the listing page before you book. By completing a booking, you agree to the cancellation policy associated with that property. For full details, see our Cancellation Policy page.

6. Host Obligations

If you are a host listing a property on the Site, you agree to:

• Provide accurate and up-to-date property information, photos, and descriptions
• Maintain the property in a safe, clean, and habitable condition
• Comply with all applicable local, state, and federal laws, including Oklahoma short-term rental regulations
• Obtain and maintain all necessary permits, licenses, and insurance for your property
• Respond to guest inquiries and booking requests in a timely manner
• Honor confirmed reservations and provide the accommodations as described
• Collect and remit all applicable taxes, including Oklahoma sales tax and lodging tax
• Disclose any material defects, hazards, or limitations of the property

7. Guest Obligations

As a guest, you agree to:

• Treat the property with care and respect, leaving it in the condition you found it
• Comply with all house rules, noise ordinances, and community guidelines
• Not exceed the maximum occupancy stated in the listing
• Report any damage or maintenance issues to the host promptly
• Not engage in any illegal activities on the property
• Vacate the property by the designated check-out time
• Not sublet, assign, or transfer your booking to any third party without host approval

You may be held financially responsible for any damage to the property caused during your stay, beyond normal wear and tear.

8. Prohibited Conduct

You agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable laws
• Post false, misleading, or fraudulent content, reviews, or listings
• Attempt to circumvent our payment system or contact hosts/guests outside the platform to avoid fees
• Harass, threaten, or discriminate against other users
• Use automated systems (bots, scrapers) to access the Site without our consent
• Interfere with or disrupt the integrity or performance of the Site
• Impersonate any person or entity or misrepresent your affiliation
• Collect personal information of other users without their consent

9. Intellectual Property

All content on the Site, including text, graphics, logos, images, software, and the overall design, is the property of BrokenBowStays.com or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our prior written consent.

By submitting content (reviews, photos, etc.) to the Site, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute that content in connection with our Services.

10. Limitation of Liability

To the fullest extent permitted by law, BrokenBowStays.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or Services, including but not limited to:

• Loss of revenue, profits, or business opportunities
• Property damage or personal injury during a stay
• Errors, inaccuracies, or omissions in property listings
• Unauthorized access to or alteration of your data
• Any disputes between guests and hosts

Our total aggregate liability shall not exceed the amount of service fees you paid to us in the twelve (12) months preceding the claim. We act as a marketplace connecting guests and hosts and are not a party to the rental agreements between them.

11. Indemnification

You agree to indemnify, defend, and hold harmless BrokenBowStays.com, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Site or Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit to the Site
• Your rental of or hosting of a property through the Site

12. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or your use of the Services, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved informally within 30 days, either party may initiate binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.

You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration. Small claims court actions are exempt from this arbitration provision.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in McCurtain County, Oklahoma or the Eastern District of Oklahoma.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site with an updated "Last Updated" date. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. We will notify you of material changes via email or prominent notice on the Site.

15. General Provisions

• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Entire Agreement: These Terms, together with our Privacy Policy and any applicable Cancellation Policy, constitute the entire agreement between you and BrokenBowStays.com regarding the use of the Site and Services.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16. Contact Us

If you have any questions about these Terms of Service, please contact us:

BrokenBowStays.com
Email: [email protected]
Phone: (580) 494-6637