SOMNI Terms and Conditions:

Updated: 2/5/2024

Welcome to SOMNI!

These Terms and Conditions are an integral part of the Agreement between SOMNI  and Guest. Please read these Terms and Conditions carefully as they contain important information about your legal rights, remedies and obligations. All other capitalized terms used but not defined in these Terms and Conditions are used as defined in the Confirmation.

1. SOMNI  Unit

Guest’s use of the Unit during the Term will, at all times, be in accordance with this Agreement. Guest acknowledges that SOMNI  may be the owner of the furniture and furnishings within the Unit, but that the Unit and the building in which the Unit is situated (the “Building”) are owned by a third party (“Owner”).

2. Guest Fees

All Guest Fees will be paid by credit card, wire transfer, or ACH (Plaid). SOMNI  may, in its sole discretion on a case-by-case basis, permit some or all of the Guest Fees to be paid by cashier’s check. If SOMNI  permits Guest Fees to be paid by cashier’s check, such check(s) must be received no later than seven (7) days prior to the due date for the payment. Guest acknowledges and agrees that SOMNI  will sustain costs and damages as a result of a check or bank transfer that is not honored by the bank on which it is drawn, and that it will be difficult to fix the actual amount of such damage with certainty. If Guest’s check, ACH or bank transfer is returned or not honored by the bank on which it is drawn, Guest agrees to pay to SOMNI  the additional amount of $150.00 or such other amount as allowed by law. A dishonored check or bank transfer will constitute a late payment of a Guest Fee and will be subject to the provisions of Section 6 of these Terms and Conditions regarding late payment, including but not limited to establishing Habitual Late Payment (defined below).

3. Additional Charges

Guest shall pay any Additional Charges listed in the Confirmation, such as cleaning & restocking fees, utility fees, parking fees, pet fees and administrative fees, as and when due.

4. Security Deposit & Electronic Debit

4.1. Should Guest make payment through any other means besides instant bank transfer (Plaid), SOMNI  may retain a Security Deposit. Notwithstanding the above, all Guests in Los Angeles, California shall be required to provide a Security Deposit. SOMNI  shall hold the Security Deposit during the Term as security for Guest’s performance of Guest’s obligations under the Agreement. At the conclusion of Guest’s occupancy of the Unit, SOMNI  may retain and use the Security Deposit as allowed by applicable law and the Terms and Conditions.

4.2. When applicable, under its sole discretion, SOMNI  may retain all, or a portion of, the Security Deposit, for purposes of: (i) the cleaning of the Unit; (ii) repairing damages to the Unit or to its furnishings or fixtures (including replacement), normal wear and tear excepted; and (iii) paying any applicable deductible for claims. SOMNI  is not limited to the Security Deposit to recoup damages and costs, and Guest remains liable for any amounts not covered by the Security Deposit, including, without limitation, reasonable attorneys’ fees, costs, unpaid Accommodation Fee, and expenses necessary to enforce the terms of this Agreement. Where applicable, no portion of the Security Deposit may be applied by Guest toward any Guest Fees, including the last month’s Accommodation Fee. SOMNI  shall refund to Guest any balance of the Security Deposit after making all necessary deductions, within the period required by law.

4.3. Instant bank transfer (Plaid). Upon the Guest’s exit from the Unit, should it be determined by SOMNI ’s staff that SOMNI  has incurred damages or losses due to the booking of Guest, SOMNI  will send to the Guest a report of the damages evaluated in accordance with these terms and conditions. Guest hereby authorizes SOMNI  to automatically electronic debit from Guest’s bank account the sum of the damages incurred to the Unit to be paid to SOMNI , and its successors, assigns, and/or servicers. Guest understands that if Guest’s bank subsequently rejects the automated payment for insufficient funds, or any other reason, the damages, plus an additional non-sufficient funds fee, as allowed by law, will be due to SOMNI . Guest acknowledges that in the event the instant bank transfer fails, Guest remains liable for all damages and is obligated to make payment to SOMNI  in no more than seven (7) business days.

5. Utilities, Amenities and Other Charges

The Confirmation sets forth the Utilities Fee for which Guest is responsible. In some instances, the Accommodation Fee does not include charges for certain amenities that may be available in the Building. In the event that any additional service packages for amenities are required to be purchased by Guest in connection with the Unit, these will not be considered as part of the Accommodation Fee. Such fees can be found itemized in Section 3.3 of the Confirmation.

6. Interest and Late Charges

Guest agrees to pay an administrative late charge of $50.00 for any payment of Guest Fees not received by SOMNI  within five (5) calendar days of the payment due date. In addition all payments of Guest Fees not made by Guest when due shall bear interest at the lesser rate of 15% per annum or the maximum rate permitted by law, which interest Guest agrees to pay to SOMNI . The provision for payment of interest and a late charge does not constitute a grace period. Payment of any Guest Fees late on three (3) separate occasions within any twelve (12) month period will constitute “Habitual Late Payment” by Guest. Habitual Late Payment may be treated by SOMNI  as a breach of the Agreement by Guest, and SOMNI  may, subject to applicable law, and among its other remedies, terminate the Agreement and require Guest to vacate the Unit. Payment of the late charge does not cure the late payment for purposes of establishing Habitual Late Payment.

7. Cancellation Policy

7.1 Guest may cancel the Reservation prior to the Commencement Date by written notice to SOMNI , such notice to be delivered by email to the address set forth in the Section titled “Notices” below. Cancellation of the Reservation by Guest will terminate this Agreement. No Guest cancellation will be deemed to be effective unless and until SOMNI  sends a written return confirmation of its receipt of such cancellation. SOMNI  will refund 100% of the Guest Fees paid by Guest -- excluding any card processing fees -- if Guest cancels the Reservation at least thirty (30) days prior to the Commencement Date. For SOMNI  properties, if a Guest cancels the Reservation fewer than 30 days prior to the Commencement date, SOMNI  will retain a penalty equal to a half month's rent. With written acceptance from SOMNI , a Guest may request to switch units at no additional charge if the request is received more than 30 days prior to the initial Commencement date. If the request to switch units is received within 30 days of the Commencement date, a fee equal to $1,500 is due by the Guest to SOMNI .

7.2 For properties managed by a SOMNI  partner, if a Guest cancels the Reservation fewer than 30 days prior to the Commencement date, SOMNI  will retain a penalty equal to one month's rent.

8. Early Termination

8.1. Although SOMNI  attempts to accurately depict information about the neighborhood, building and unit via photos and description on its website, Guest is still expected to conduct reasonable due diligence on the characteristics of the state, city, and neighborhood where the Building and Unit is located before booking. A desire to relocate from one neighborhood to another will not be considered a valid basis of early termination. Information about the Unit, its furnishings, amenities, appliances, and size, and in some cases photographs and video tours may be available upon request; such materials shall be deemed sufficient for Guest to have made an informed decision. A failure to conduct such due diligence will not constitute a basis for termination. Guest will only be able to terminate this Agreement in accordance with the terms contained herein. This provision is subject to Section 8.2 below.

8.2. Provided the Minimum Stay has been met, Guest may terminate the Term upon thirty (30) days’ advance written notice to SOMNI . In the event of such early termination, the Accommodation Fee for the entire Term up to the requested termination date may be adjusted to the alternative rates presented in the table below. Such rates are determined based on the unit.

Early termination may also obligate Guest to pay taxes associated with the duration of their stay, which may not have been originally charged and which may vary from city to city. For example, in Sioux City, if Guest stays in the unit for less than 90 days, Guest will need to pay the Hotel Tax (12% of the Accommodation Fee). In Washington, DC, if Guest stays in the unit for less than 90 days, Guest will be charged the Occupancy Tax (equal to 14.95% of the Accommodation Fee).

8.3. To the extent permitted by law, SOMNI  reserves the right to cancel the reservation at any time where the Guest’s use of the Unit is: (i) in furtherance of illegal activities; or (ii) Guest is engaging in behavior which is a nuisance to SOMNI , Owner, or others; or (iii) in any manner may be prejudicial to the reputation of SOMNI ; or (iv) if, a reservation was made fraudulently, or otherwise in violation of the terms and conditions of this Agreement.

9. Check-in / Check-out Times

Check-in time on the Commencement Date is 4PM at the earliest and check-out time on the End Date is 9AM at the latest. Alternate check-in times may be possible by prior arrangement, subject to availability. If Guest fails to vacate the Unit by 9AM on the End Date, SOMNI  may charge Guest an additional one day’s Accommodation Fee for each day Guest occupies the Unit. This provision is intended to address a late out check-out by Guest on the End Date, and does not limit SOMNI ’s rights or remedies under this Agreement or at law should Guest fail to vacate the Unit.

10. Term Extensions

Guest shall vacate and surrender possession of the Unit by 9:00 a.m. local time on the End Date unless otherwise approved in writing by SOMNI . SOMNI  will do its best to accommodate all requests for extension. However, such extensions are dependent upon availability and shall be granted by SOMNI  at its sole discretion. No extension of the Term shall be granted without the Parties' advance written agreement, acceptance and execution of an applicable Guest Agreement by Guest and SOMNI .

11. Use and Occupancy of the Unit

The Unit shall be used as a private, single family dwelling for residential purposes only and for no other reason. The Unit shall not be utilized for purposes of carrying on any business, profession or trade. Guest shall not place or store any personal property outside of the Unit, and any unauthorized property so placed or stored is subject to removal and disposal by SOMNI  or by the Owner without prior notice. During the Term, the Unit will only be occupied by the Guest and other authorized individuals listed on the Confirmation, such as partners, spouses, and/or children (“Authorized Occupants”). All rules, limitations, prohibitions or restrictions imposed upon Guest in this Agreement shall also be deemed to apply to Authorized Occupants, regardless of whether or not Authorized Occupants are specifically referenced in the applicable provision. Occupancy of any part of the Unit by any person other than Guest or Authorized Occupants, including third-party guests or visitors, for a period of ten (10) or more consecutive days or for more than a total of fifteen (15) days in any sixty (60) day period shall require SOMNI ’s advance written permission. In no event may the number of occupants of the Unit exceed more than two (2) per bedroom at any given time. Guest shall not commit, nor permit, any waste or nuisance upon, in or about the Unit or the Building. Guest shall not take any action, nor permit any action, that interferes with the comfort, safety or enjoyment of the other occupants of the Building.

12. Care of Unit

12.1. Guest shall maintain the Unit, furniture, furnishings and fixtures in a good, clean and habitable order and condition. Guest also agrees to keep the interior of the Unit in good decorative order, consistent with the original decorative condition of the Unit at the Commencement Date, including all furniture, furnishings and fixtures. Guest shall pay for or reimburse SOMNI  for any furniture, furnishings or fixtures that are broken, lost, stolen or damaged during the Term.

12.2. It is Guest’s obligation to report any maintenance issues, pest infestation, or other concerns related to the condition of the Unit to SOMNI  as soon as reasonably possible, but in no event later than forty-eight (48) hours after Guest becomes aware of such condition. Guest will be responsible for the cost of any general repairs and maintenance resulting from damage to the Unit, the furniture or furnishings caused by Guest, Authorized Occupants, or any of Guest’s invitees or guests. Without limiting the generality of the foregoing, Guest acknowledges that Guest shall be responsible for the cost of the clearance of stoppages in waste pipes, drains, water pipes or plumbing which are caused by improper use, and shall reimburse SOMNI  for such costs upon demand.

12.3. The Unit is equipped with a functioning smoke detection device(s) and, in some cases, with a functioning carbon monoxide detection device(s) (collectively, “Devices”). If the Devices are battery operated, Guest is responsible for replacing the Devices’ batteries as necessary to maintain functionality; upon request, SOMNI  or the Property manager of the building may assist with the replacement of batteries during Guest stay. SOMNI  shall have a right to enter the Unit to check and maintain the Devices as provided by law. Guest shall not, at any time, disable or remove an installed Device, and to do so will be considered a material breach of this Agreement.

12.4. Guest shall not remodel, renovate, paint, refinish floors, or otherwise alter the Unit, common areas, or any other parts of the Building. By way of example of prohibited alterations, but without limitation, Guest shall not (i) apply adhesive paper to any cabinets, walls, or doors, (ii) hang planters, lighting or other fixtures from ceilings or walls, (iii) attach any coverings to floors or walls, or (iv) install any appliances or outside antennae in or on the Unit.

12.5. Guest may not remove any of the furniture or furnishings from the Unit. Removal of furniture may be accommodated by SOMNI  upon specific request, in SOMNI ’s sole discretion and at an additional charge. Guest acknowledges that they will be held financially fully responsible for all damaged or missing furniture.

12.6. Guest shall maintain the Unit in a manner that prevents the occurrence and infestation of mold or mildew in the Unit, including the use of equipped bathroom exhaust fans where applicable and/or opening windows as necessary to avoid excess moisture build-up.

13. Non-Smoking Policy

13.1. The Unit is non-smoking. Smoking of any substance is not allowed in the Unit or any adjacent outdoor areas, including on any balcony or patio and all other common areas of the Building. SOMNI  will charge, and Guest agrees to pay, a damages fee of $500 for each violation of this policy, in addition to the actual costs for replacement of furniture, additional deep cleaning services, repainting, and other remedial services required to return the Unit, its furniture, and furnishings to its prior condition. Guest shall inform his or her guests, invitees or visitors of the Unit of this smoking prohibition and shall be responsible for their adherence to it. Any breach of this section or violation of this non-smoking policy by Guest shall be deemed a material breach of the Agreement and grounds for termination thereof. Guest acknowledges and agrees that there may be other units in the Building where smoking is permitted, that SOMNI  has no ability to prevent such smoking, and that SOMNI  shall not be liable for any damages or injury to Guest’s health or personal property in connection with the use of tobacco or tobacco products by any other occupant in the Building. Guest shall promptly notify SOMNI  in writing of any incident where smoke is migrating into the Unit from sources outside of the Unit.

13.2. Guest acknowledges that by smoking within the unit, a long term smell and/or residue may develop that is not easily cleaned and that SOMNI  may be forced, at its discretion, to replace all or some of the furnishings in order to remove the smell, and repaint discolored walls. Guest acknowledges that any and all damages incurred to furnishings and/or fixtures, which includes smoking residue and smell, will require SOMNI  staff to replace such furnishings or fixtures. Guest agrees to be held liable for the actual replacement value of the furnishings and/or fixtures plus an administrative fee proportional to the actual damage. Guest further acknowledges that SOMNI  may also lose up to one month of availability to rent the unit due to the time it takes for SOMNI  to clean, repair, and refurnish the Unit for which Guest agrees to be held liable.

14. Repairs & Maintenance

14.1. All communication relevant to repairs and maintenance tasks shall be made and carried out preferably through SOMNI ’s dedicated mobile application or via phone or email if not feasible via the mobile application. The SOMNI  client experience team is available to assist from 09:00AM - 6:00PM Eastern Time, Monday – Friday, and can also be reached on an emergency telephone line for urgent matters 24/7. All non-urgent requests submitted outside of these normal working hours will be reviewed the following working day. SOMNI  will handle all maintenance issues upon request and depending on the nature of the issue, there may or may not be an additional charge imposed on Guest. Guest shall alert SOMNI  immediately of any emergency issues by telephone.

14.2. Subject to applicable law, SOMNI  and the Building property managers have the right to enter the Unit to perform repairs and inspections upon twenty-four (24) hours notice, or upon no notice in the event of an emergency.

14.3. Guest acknowledges that the Unit and the Building may, from time to time, require renovations or repairs to keep them in good condition and that such work may result in temporary loss of use of portions of the Building or the Unit. Such portion may include, by way of example but without limitation, swimming pools, fitness centers, laundry facilities, and other amenities. Guest agrees that any such loss or resulting inconvenience will not constitute a reduction in housing services or otherwise warrant a reduction in Guest Fees other than the pro-rated portion of any Additional Fee charged specifically for the impacted amenity.

15. Relocation

Circumstances may arise from time to time that render a Unit unavailable for all or part of the Term; such circumstances include (but are not limited to) significant building maintenance or natural disaster. SOMNI  reserves the right to relocate Guest to another Unit of comparable quality, in the same Building or a comparable quality Building, upon reasonable notice, should the originally booked Unit become unavailable for any reason. In the event that SOMNI  notifies Guest of its intention to relocate Guest and Guest does not desire to be relocated, or if the Unit otherwise becomes unavailable during the Term, Guest has the right to cancel the Agreement and to receive a refund of the remaining Guest Fees on a pro-rated basis. Neither SOMNI  nor the Owner will be liable for any further amounts in respect of the cancellation of the Agreement. Should Guest initiate a request to relocate to another SOMNI  apartment, and such request is not the result of a bona fide deficiency in the originally booked apartment, a Relocation Fee equal to $1,500 will be payable by Guest to SOMNI . In case of Guest’s written notice to SOMNI  at least thirty (30) days prior to the requested relocation date, the Relocation Fee will not apply. Any Relocation initiated by the Guest would incur the prevailing Accommodation Fee, Utility Fee, and all other Guest Fees for the new Unit.

16. Background Checks

All Guests and Authorized Occupants listed on the Confirmation may be subject to background checks. If a background check is required by SOMNI , Guest acknowledges that Guest and/or any Authorized Occupants may be required to authorize such background check as a condition of securing Guest’s Confirmation. Failure to provide all necessary information for a background check at least twenty-four (24) hours prior to scheduled move-in date may jeopardize the timely access to the unit and constitute a basis by SOMNI  to terminate the Agreement.

17. Building Rules and Regulations

Guest, the Authorized Occupants, Guest’s invitees and visitors shall comply fully and at all times with all rules and regulations of the Building, as well as any restrictions imposed by the Owner and provided by SOMNI  to Guest. Building rules are available upon request. Guest is responsible for ensuring that its invitees and visitors comply with all such rules, regulations and restrictions. Any failure by Guest, the Authorized Occupants, or Guest’s invitees or visitors to comply with the rules and regulations of the Building will be a material breach of this Agreement, and SOMNI  will be entitled to terminate the Agreement and require Guest to vacate the Unit.

18. No Assignment, Subleasing or Short-Term Rental

Guest may not assign its rights under this Agreement. Guest may not sublet or transfer possession of all or any part of the Unit to any third-party. Guest may not list the Unit on any short term rental site such as AirBNB, VRBO or other such service. Any advertising or on-line postings as well as actual rentals of the Unit to vacation or short-term guests by Guest constitutes a material breach of this Agreement and, subject to applicable law, SOMNI  will be entitled to terminate this Agreement and require Guest to vacate the Unit. Any person who is not the Guest or an Authorized Occupant who occupies any portion of the Unit, for any period of time for any consideration whatsoever (including, without limitation, the payment of money and/or barter of other goods, services, or other property occupancy rights) is not deemed to be a guest or visitor hereunder, and such occupancy shall constitute an unauthorized subletting or assignment under the terms of this section.

19. Scheduled Unit Visitation

Without limiting SOMNI ’s right to access the Unit for repair and maintenance, Guest acknowledges that SOMNI  has the right to conduct non-emergency visits to the Unit, upon twenty-four (24) hours’ notice, so as to examine the condition of the Unit or to inspect, maintain, repair or replace the furniture and furnishings, or for the purpose of complying with any obligations imposed by the Owner or by law. SOMNI  has the additional right to conduct viewings of the Unit with potential new guests during the last forty-five (45) days of the Term, upon twenty-four (24) hours’ notice to the Guest, between the hours of 8:00am and 7:00pm local time.

20. Freight Elevator Charge

Use of freight elevators in the Building will be subject to availability. Guest will be responsible for any freight elevator charge imposed by the Building.

21. Pet Policy

Certain pets may be allowed in certain Units. No pets or animals (including, without limitation, dogs, cats, birds, fish, reptiles, rodents or insects) are allowed in or about the Unit or the Building, including on a temporary basis or with an accompanying visitor, except as required by law or by the express written consent of SOMNI  as set forth in the Confirmation. In the event that SOMNI  permits Guest to keep a pet in the Unit, a pet deposit or fee will be required as set forth in the Confirmation, and Guest assumes full responsibility for any additional damages caused by the pet. Guest acknowledges and agrees that there may be other units in the Building where pets are permitted, that SOMNI  has no ability to prevent other occupants from keeping pets, and that SOMNI  shall not be liable for any damages or injury to Guest’s health or personal property in connection with the presence of animals in or around the Building. Dogs that are purebreds or mixes of the following breeds are prohibited: Akita, Alaskan Malamute, Chow-Chow, Doberman, German Shepherd, Great Dane, Mastiff, Pit Bull (American Staffordshire Terrier, American Pit Bull Terrier, Staffordshire Bull Terrier), Presa Canario, Rottweiler, Saint Bernard, Shar Pei, Siberian Husky, and Wolf Hybrid.

22. Keys & Premises Access Cards

Guest will receive keys or electronic access cards (collectively, “keys”). Guest is responsible for the security of the Unit until all keys, access cards and/or parking controls have been returned to SOMNI . At no time may Guest change, rekey the locks, or add additional locks or security devices to the Unit. If a SOMNI  staff member needs to visit the Unit to unlock the door for a Guest, or if the Guest loses a copy of their keys, then a service fee will be charged in the amount of $200. If some, or all of the keys, are not returned to SOMNI  following the conclusion or termination of the Agreement, Tenant will be charged $200 additional rent for direct key replacement costs. Guest acknowledges that this sum is a fair amount of the actual value of the keys and the labor necessary to replace such keys. Guest further acknowledges that SOMNI  is authorized to automatically subtract the sum from the Guest’s Security Deposit in accordance with the terms of Section 4. SOMNI  reserves the right, at its sole discretion, to periodically update the aforementioned fees, upon ten (10) days written notice served in accordance with Section 38 of this Agreement.

23. Lockout Policy

In the event that Guest becomes locked out of the Unit or the Building, SOMNI  or the Building may charge an additional fee for lockout services in the amount of $200 per lockout.

24. No Criminal Activity

24.1. The Unit may only be used as a residential dwelling. No use of the Unit or the Building by Guest or Guest’s visitors for activities of an illegal nature will be tolerated, whatsoever. Violation of this policy constitutes a material breach of this Agreement, and SOMNI  reserves the right to immediately terminate this Agreement in connection with any violation of this policy.

24.2. Guest shall defend, indemnify, and hold harmless the Owner and SOMNI , its directors, officers, members, employees, agents, representatives, and affiliates from and against any cost, expense, loss, damage or deficiency, including attorneys’ fees, incurred by SOMNI  and Owner resulting from the following: (i) Any obligation or judgment by, against, or affecting SOMNI  and arising out of Guest’s conduct occurring prior to execution of this Agreement; (ii.) Any incident arising from Guest’s occupancy at the Unit involving: 1) SOMNI  and/or its employees, agents, representatives, affiliates, clients, or vendors; 2) third parties hired by Guest, Guest’s employees, agents, representatives, affiliates, clients, and vendors; 3) the property at which the Unit is located (“the Property”), the Property’s management, employees, agents, representatives, affiliates, clients, vendors, and/or governing body; and 4) third parties residing at, working at, or visiting the Unit and/or Property and its premises; and (iii) The breach or non-performance by Guest of any representation, warranty, or other term or condition of this Agreement.

25. Disclaimer

SOMNI  will not be held responsible for any claims which result from any of the following: (i) the fault of the person(s) affected or any member(s) of their party, or (ii) the fault of a third party not connected with provision of accommodation by SOMNI  which could not have been predicted or avoided, or (iii) an event or circumstance which could not have been predicted or avoided even after taking reasonable care.

26. Additional Services

SOMNI  does not accept responsibility for any services that are not part of the agreed service package specified in the Confirmation. This includes any additional services or facilities that other suppliers have been instructed by Guest to provide.

27. Use of Facilities at Own Risk

Operating instructions for various appliances available within the Unit may be provided upon Guest’s request. Guest is responsible for following all safety instructions when using the appliances. For further assistance, Guest should seek immediate assistance from SOMNI . In cases where facilities or amenities such as swimming pools, fitness equipment, garden equipment, boats etc. are available, their use is strictly at Guest’s own risk and in Guest’s own discretion, and must be in accordance with the Building’s rules and regulations.

28. Termination

28.1. This Agreement is for a fixed term. This Agreement serves as at least thirty (30) day written notice from SOMNI  to Guest that SOMNI  wishes to terminate the booking on the End Date. This Agreement also serves as at least thirty (30) day written notice from Guest to SOMNI  that Guest wishes to terminate the reservation on the End Date.

28.2. Except where limited by law, we may, upon written notice, terminate this Agreement immediately upon the occurrence of: (i) damage to the Unit by Guest, (ii) Guest’s violation of any Building rules and regulations, (iii) criminal activity by Guest, (iv) Habitual Late Payment as defined in Section 6 of these Terms and Conditions, (v) Guest’s material breach of this Agreement, or (vi) such other event as otherwise specifically set forth in this Agreement.

29. Vacation of Unit

Guest, and their invitees or visitors, must vacate the Premises on or before the End Date. Upon termination of the Agreement, whether occurring on the End Date or by early termination, Guest shall completely vacate the Premises and any parking or storage areas; and deliver all keys, furnishings, if any, and the Unit to SOMNI  in the same condition as received excepting normal wear and tear. It is agreed by the parties to this Agreement that delivery of possession shall be deemed to occur when Guest delivers the keys to the Unit to SOMNI  or SOMNI ’s agent during normal business hours as stated in this Agreement. If Guest, and their invitees, fails to vacate the Unit by the specified End Date or earlier termination date of this Agreement, SOMNI  reserves the right to enter the Unit and remove all remaining personal belongings, subject to any legal restrictions. In addition, if Guest, and their invitees, fails to vacate the Unit by the specified End Date or earlier termination date of this Agreement, SOMNI  may recover from Guest, in addition to possession, the special damages as outlined in Section 31 of this Agreement.

30. Personal Property

SOMNI , at its discretion, will use reasonable efforts to assist Guest in recovering items of personal property that Guest inadvertently leaves behind upon vacating the Unit. Nevertheless, neither SOMNI  nor the Owner assumes any obligation or liability for loss or damage to items of personal property during the Term, or inadvertently left in the Unit thereafter. This includes but is not limited to damage or loss arising from fire, water, theft, flooding, or similar occurrences during the Term. SOMNI  shall not be liable for lost or stolen packages that fail to arrive at the premises.

31. Special Damages

Subject to the circumstances contemplated by Section 9, Guest acknowledges that the damage to SOMNI  resulting from any failure by Guest to timely surrender possession of the Unit may be substantial, may exceed the amount of the Accommodation Fee, and is impossible to accurately predict at the time of execution of this Guest Agreement.

Accordingly, Guest agrees that if possession of the Unit is not surrendered to SOMNI  on or before 9:00 a.m. on the End Date, in addition to any other rights or remedies SOMNI  may have hereunder or at law, Guest shall: (a) pay to SOMNI  the following holdover fees:

(i) after the first 30 days during which Guest holds-over in the Unit, a sum equal to: (1) two times the Accommodation Fee (other than Percentage Accommodation Fee) payable under this Agreement for the last full calendar month of the Term; plus (2) the Percentage Accommodation Fee payable under this Agreement for such period; and

(ii) for each month (or portion thereof) thereafter that Guest holds-over in the Unit, a sum equal to three (3) times the Accommodation Fee (other than Percentage Accommodation Fee) payable under this Agreement for the last full calendar month of the Term; plus the Percentage Accommodation Fee payable under this Lease; which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and

(b) be liable to SOMNI  for any payment or Accommodation Fee concession that SOMNI  may be required to make to any future guest for all or any part of the Unit (a “New Guest”), in order to induce such New Guest not to terminate its lease by reason of the holdover by Guest, provided that such new agreement is fully executed prior to the date upon which Guest vacates the Unit, and SOMNI  notifies Guest that SOMNI  incurred such payment and/or concession. (c) all damages sustained by SOMNI , plus SOMNI ’s costs of recovering said amounts and possession, including reasonable attorney’s fees. (d) SOMNI , at its discretion, shall opt to waive such holdover fees in extenuating circumstances.

32. Confidentiality

Guest shall keep the terms of this Agreement confidential and will not disclose the same to any other person or entity, except as may be required by the order of a court of competent jurisdiction or as otherwise allowed by law.

33. Privacy Policy

Guest acknowledges that Guest has read and agrees to the terms and conditions in Privacy Policy as found on www.staySOMNI.com, which is incorporated into this Agreement by reference.

34. Subordination

Guest acknowledges that Guest has read and agrees to the terms and conditions in  Privacy Policy as found on www.staySOMNI.com, which is incorporated into this Agreement by reference.

35. Privacy & Marketing

The parties hereto agree to manage personal data using industry-standard best practices and remain in compliance with all laws, rules, and regulations regarding data privacy, including, without limitation Regulation (EU) 2016/968 (the “Regulation”) and the associated Directive (EU) 2016/680 (the “Directive” along with the Regulation, collectively, the “General Data Protection Regime” or “GDPR”). Nevertheless, SOMNI  may use Guest information for data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve the guest experience. Accordingly, Guest agrees that personal data provided to SOMNI  may be used for marketing purposes (e.g. receiving of SOMNI  newsletters and offers by SOMNI ). Guests warrants and represents that it is giving SOMNI , its agents and assigns consent to call the cellular telephone numbers associated with the Guest using an Automated Telephone Dialing System, as defined by the Telephone Consumer Protection Act of 1991 (and as amended), 47 U.S.C. § 227. Guest also provides consent to SOMNI  permission to share the consumer’s nonpublic personal information, as defined under the Gramm Leach Bliley Act (“GLBA”) (15 U.S.C. § 6802 (e)), or its implementing regulations) with SafeRent and Equifax, and similar services, which is used by SOMNI  for the express purpose of fraud prevention. Guest provides consent to receive text messages from such third-party providers as necessary to further this end. Guest may opt-out of receiving any, or all, of these marketing communications from SOMNI  by submitting a request to the third-party provider. Guest indemnifies, defends and holds SOMNI  harmless from and against any claims, losses, damages, judgements, or orders relating to any violation of the GDPR in connection with the acts or omissions of Guest. The indemnity contained in this paragraph shall survive the termination of this Agreement.

36. Military Clause

In the event that Guest is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Guest receives permanent change of station orders to depart from the area where the Building is located, or is relieved from active duty, retires or separates from the military, or is ordered into military housing, then in any of these events, the Guest may terminate this lease upon giving thirty (30) days written notice to the SOMNI . The Tenant shall also provide to the SOMNI  a copy of the official orders or a letter signed by the tenant's commanding officer, reflecting the change, which warrants termination under this clause. The Guest will pay prorated rent for any days (he/she) occupy the dwelling past the first day of the month.

37. Diplomatic Clause

If any Guest or their partner, is or becomes a member of the Foreign Service of the United States Department of State, or is employed by any other Federal agency, then the Guest may terminate this rental contract on thirty (30) days written notice to SOMNI  if any of the following conditions apply: (1) the Guest receives permanent change of station orders to another area; (2) the Guest is separated from the Foreign Service or other Federal agency; or (3) If the Guest has leased the property prior to his/her arrival and has subsequently received official reassignment orders, including TDY orders for sixty days or more, to a location outside 50 miles from the property. Documentary evidence shall accompany the written notice.

38. Renters Insurance and Bed Bugs

Guests must immediately report any suspicion of bed bugs to SOMNI. In the event of a confirmed infestation, SOMNI will promptly address the issue, potentially requiring temporary guest relocation for treatment. SOMNI is not liable for guest expenses related to bed bugs, and guests are encouraged to take preventive measures.

Guests are required to carry renters insurance for the duration of their stay. SOMNI shall not be responsible for any loss or damage to personal belongings, including but not limited to theft, fire, or other unforeseen events. It is the guest's sole responsibility to obtain and maintain adequate renters insurance coverage for their possessions.

39. Force Majeure

SOMNI  does not accept liability nor pay any compensation for any unforeseen events that may take place in the Unit or the Building outside of SOMNI ’s control. Any such events will be considered events of “Force Majeure” and NOT as negligence. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, swimming pool closure, power outages, air-conditioning failure, elevator shut downs, TV telephone or internet service interruptions, water shortages, construction noise, evacuation by authorities, global pandemics, and all similar events. Any delays in the performance of any obligation of SOMNI  under this Agreement shall be excused to the extent that such delays are caused by events of Force Majeure, and any time periods for performance will be extended accordingly.

40. Attorneys’ Fees, Collection Agency Fees, Costs, and Expenses

In the event that Guest breaches this Agreement or violates applicable laws, Guest agrees to pay SOMNI  for all of its fees and expenses related to SOMNI ’s enforcement of its rights under this Agreement, including, without limitation, expenses for collection of amounts owed from Guest, obtaining possession of the Unit from Guest, including reasonable attorneys’ fees, collection agency costs (including the agency’s fees and its legal fees), and all costs of collection for obtaining and enforcing any judgment against Guest, and all post-judgment costs of collection, including all post-judgment attorneys’ fees and costs as permitted by law.

41. Consent To Electronic Service of Process

Guest agrees and consents to service of any process, including formal legal process in any legal proceedings, by electronic service, including e-mail, private facsimile, and any other forms of electronic communication to any contact point Guest provides to SOMNI  during registration. Renter agrees to deem any service by electronic means to be the same as personal service. This clause shall survive the termination of this Agreement.

42. Notices & Communications

All Reservation cancellations must be delivered by e-mail. Written notices required to be sent by SOMNI  to Guest shall be sent by registered mail or courier to the addresses listed in Guest's Confirmation or, if none are provided, to Guest's address at the Unit. Notwithstanding the above, Guest consents to SOMNI  providing any and all legal notices, including service of process and debt to collection, to Guest by electronic mail at the e-mail address provided by Guest during registration.

43. Applicable Law

Except for legal matters regarding the collection of a debt under this Agreement, this Agreement is subject to the law of the jurisdiction where the Unit is located.

44. Jurisdiction & Venue

Guest agrees that any legal proceeding brought by SOMNI  to collect a debt incurred by Guest arising out of this agreement shall be brought, at the discretion of SOMNI , in any court having proper jurisdiction within the State of Iowa. Guests submits to such Iowa  jurisdiction, and waives any objection to venue and/or claim of inconvenient forum. This provision should not be construed to preclude SOMNI  or its agents, successors or assigns, to pursue such debt in the forum in which the Unit is located. This clause shall not apply for obtaining possession of the Unit which shall occur at the jurisdiction and venue required by law. This clause shall survive the termination of this Agreement.

45. Miscellaneous

The waiver of one breach of any term, condition, covenant or obligation of this Agreement by us shall not be considered to be a waiver of that or any other term, condition, covenant or obligation or of any subsequent breach thereof. If any provision of this Agreement, or portion of such provision, or the application thereof to any person or circumstance, is held invalid, the remainder of the Agreement or the remainder of such provision and the application thereof to other persons or circumstances shall not be affected thereby. This Agreement and the Confirmation may not be changed, modified, or canceled except in writing signed by both parties and shall be binding on and inure to the benefit of the Guest or to SOMNI  or its successors and assignees.

46. Acceptance of Terms

By clicking "Book" on www.staySOMNI.com or by directly or indirectly instructing SOMNI  to complete a booking on Guest's behalf, Guest agrees to the Guest Agreement and Terms and Conditions, and to pay the total amount quoted. Guests who instruct SOMNI  to complete a booking on Guest's behalf must notify SOMNI  of any intent to withdraw their acceptance of the Guest Agreement and Terms and Conditions prior to move-in and within twenty-four (24) hours of receiving the confirmation email of the booking Guest Agreement and Terms and Conditions.