Terms of Service

Last updated: September 29, 2026

These Terms of Service (the "Terms") govern the provision of services by LodgingStack LLC, a limited liability company formed in the State of New Mexico, United States ("LodgingStack", "we", "us"), to the client identified in an accepted proposal or signed engagement (the "Client", "you"). By engaging LodgingStack, or by using this website, you agree to these Terms.

1. Services

LodgingStack provides digital marketing and revenue consulting services for short-term rental operators. The services available under these Terms are:

• Revenue management. Dynamic pricing across listing channels including Airbnb, Booking.com, Vrbo and Expedia, the setting of rate strategy against market data, and keeping availability and rates in sync across those channels.
• Listing optimization. Listing positioning, copy, photo sequencing, and channel setup and configuration.
• Marketing. Demand generation beyond the listing channels, including direct booking, returning-guest and other marketing activity agreed in the proposal.
• Automation. Selection, integration and configuration of third-party tooling, including AI-assisted tooling, to automate repetitive operational tasks.
• Audit and reporting. Review of historical performance, benchmarking against the relevant market, and ongoing periodic reporting.

The precise scope for any engagement is set out in the proposal accepted by the Client. Where a proposal and these Terms conflict, the proposal governs for that engagement.

1.1 Services expressly excluded

LodgingStack does not provide cleaning, maintenance, repairs, guest communication, guest turnover, key handling, on-site presence, or any other operational or physical property service. The Client retains full responsibility for property operations and for its own operations personnel and contractors.

LodgingStack is not a letting agent, a property manager of record, a travel agency, or an insurer, and does not take possession or control of any property, or of any guest funds.

2. Client responsibilities

To enable LodgingStack to perform the services, the Client shall:

• provide accurate and complete historical performance data, including at least the preceding twelve months where available;
• grant and maintain the access to listing channel accounts, property management systems and pricing tools that the services require, and promptly restore access if it lapses;
• hold all licences, registrations, permits and tax registrations required to let the properties lawfully in their jurisdiction, and comply with all applicable short-term rental regulation;
• ensure that the properties are available and operationally fit to accept the bookings that the agreed rate strategy is designed to generate;
• notify LodgingStack promptly of any change to a property, its availability, its ownership, or its regulatory status.

LodgingStack is not responsible for any shortfall in performance to the extent it results from the Client's failure to meet these responsibilities, from inaccurate data supplied by the Client, or from access being withdrawn or interrupted.

3. Fees and payment

LodgingStack offers two fee models. The model that applies, and the applicable rate, are fixed in the accepted proposal.

3.1 Revenue share

A percentage of gross booking revenue, charged at the same rate in every billing period regardless of season. The fee covers the services set out in the proposal, and no separate setup or onboarding fee is charged.

"Gross booking revenue" means the total amount payable by guests for stays that commence in the billing period, including cleaning fees and other guest-paid charges collected through the listing channels, and excluding refundable damage deposits and taxes collected on behalf of an authority.

3.2 Upside share

A percentage of gross booking revenue above an agreed baseline. No fee is payable on revenue at or below the baseline. If performance does not exceed the baseline in a billing period, no fee is payable for that period.

The baseline is agreed in writing before the engagement begins and is derived from the Client's own trailing twelve-month performance for the same properties, adjusted where the parties expressly agree for unit count changes or documented material market shifts. Once agreed, the baseline is fixed for the initial term and may only be changed by written agreement of both parties. This model requires a clean and verifiable twelve-month history.

3.3 Billing

Fees are calculated and invoiced monthly in arrears. Invoices are payable within fourteen (14) days of the invoice date. Amounts are stated exclusive of VAT and any other applicable taxes, which the Client shall pay in addition where chargeable.

Where an invoiced booking is subsequently cancelled and the Client receives no revenue for it, the corresponding fee is credited against the next invoice. Where the Client retains revenue for a cancelled booking under its own cancellation policy, the fee on that retained revenue remains payable.

Undisputed amounts unpaid after the due date may accrue interest at the rate stated in the proposal, or the maximum rate permitted by applicable law, whichever is lower. LodgingStack may suspend services on ten (10) days' written notice where undisputed invoices remain unpaid.

The Client must raise any dispute over an invoice within fourteen (14) days of receipt, with reasons. The parties will deal with disputed amounts in good faith; undisputed amounts remain payable on time.

4. Term and termination

Unless the proposal states otherwise, the engagement runs for an initial term of three (3) months from the date services commence, and continues month to month thereafter.

After the initial term, either party may terminate for convenience on thirty (30) days' written notice. Either party may terminate immediately on written notice if the other commits a material breach that is not remedied within fifteen (15) days of written notice of it, or becomes insolvent or subject to insolvency proceedings.

Termination and notice are dealt with more fully in our Cancellation Policy, which forms part of these Terms.

On termination: fees accrued to the effective date of termination remain payable; fees remain payable on bookings already confirmed for stays commencing within thirty (30) days after the effective date; LodgingStack will return or hand over Client data and listing access in a usable form; and each party will cease using the other's confidential information. Sections 3, 5, 6, 7, 8 and 10 survive termination.

5. Intellectual property

The Client retains ownership of its property data, booking data, photographs and listing content, and grants LodgingStack a licence to use them for the duration of the engagement solely to perform the services.

Listing copy, rate strategy documents and reports prepared specifically for the Client become the Client's property on payment of the fees relating to the period in which they were produced. LodgingStack retains ownership of its own methods, models, templates, tooling and know-how, including any improvements to them, and nothing in these Terms transfers those to the Client.

6. Confidentiality

Each party shall keep confidential the non-public information of the other disclosed in connection with the engagement, use it only for the purposes of the engagement, and protect it with at least reasonable care. This obligation does not apply to information that is or becomes public without breach, was already lawfully known to the recipient, is independently developed, or must be disclosed by law or court order. It continues for three (3) years after termination.

7. No guarantee of results

Short-term rental revenue depends on factors outside LodgingStack's control, including market demand, seasonality, competitor behaviour, channel algorithms and policies, regulation, property condition, guest reviews, and the Client's own operations.

Except where an upside-share arrangement expressly ties fees to performance against an agreed baseline, LodgingStack gives no guarantee, warranty or representation as to any particular level of revenue, occupancy, rate, ranking or other outcome. Any figures shown on this website describe past results for a specific property portfolio and are not a prediction of results for any other property.

8. Limitation of liability

Nothing in these Terms excludes or limits either party's liability for fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

Subject to that: neither party is liable to the other for any indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, business, goodwill or anticipated savings, however arising, whether in contract, tort (including negligence) or otherwise, even if advised of the possibility.

Subject to the paragraphs above, LodgingStack's total aggregate liability arising out of or in connection with the engagement is limited to the total fees actually paid by the Client to LodgingStack in the six (6) months immediately preceding the event giving rise to the claim.

The Client acknowledges that the fee levels reflect this allocation of risk.

9. Third-party platforms

The services involve listing channels, property management systems and pricing tools operated by third parties. LodgingStack does not control those platforms and is not responsible for their availability, accuracy, pricing, policy changes, account suspensions or enforcement decisions. The Client remains bound by each platform's own terms and is responsible for its account standing on them.

10. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims, are governed by the laws of the State of New Mexico, United States, without regard to its conflict of laws rules.

The parties submit to the exclusive jurisdiction of the state and federal courts located in the State of New Mexico. Nothing in this section deprives a Client who is a consumer of the protection of mandatory provisions of the law of their country of habitual residence.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

11. General

Independent contractor. LodgingStack acts as an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.

Assignment. Neither party may assign these Terms without the other's written consent, except to a successor of substantially all of its business.

Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.

Severability. If any provision is held unenforceable, the remainder continues in full effect.

Entire agreement. These Terms, together with the accepted proposal, the Privacy Policy and the Cancellation Policy, form the entire agreement between the parties on this subject.

Changes. We may update these Terms. Material changes affecting an active engagement take effect thirty (30) days after written notice to the Client. Continued use of the services after that date constitutes acceptance.

12. Contact

Questions about these Terms: contact@lodgingstack.com

LodgingStack LLC
1209 Mountain Road Pl NE, Ste R
Albuquerque, NM 87110
United States