BOOKING TERMS AND CONDITIONS

1. These Terms

   1. We provide an online platform through which the providers of accommodation can advertise and offer their properties or spaces for rent or hire (“Trip Providers”). These are the terms and conditions on which our visitors can discover, search, compare, and reserve these properties or spaces (“Accommodation”).
   2. Please read these terms carefully before you place a booking us, in particular Clause 7. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2. Information About Us and How To Contact Us

   1. We are Stay365 Limited a company registered in England and Wales. Our company registration number is 11124782 and our registered office is at 14 Church Street, Whitchurch, England, RG28 7AB.
   2. You can contact us by writing to, calling or emailing us using the details set out on the “Contact Us” page.
   3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.
   4. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our Contract With You

   1. By making a booking through our online platform, you enter into a direct (legally binding) contractual relationship with both us and the Trip Provider in which you make a reservation (a “Reservation”). From the point at which you make your Reservation, we act as an intermediary between you and the Trip Provider. We transmit the relevant details of your Reservation to the relevant Trip Provider(s), send you a confirmation email for and on behalf of the Trip Provider and take payment from you on behalf of the Trip Provider. We do not rent out any accommodation ourselves.
   2. A Reservation will take place when we email you to confirm acceptance, at which point a contract will come into existence between you and us, and between you and the Trip Provider.
   3. If we or a Trip Provider are unable to accept your booking, we will inform you of this and will not charge you for the booking. This might be because we have identified an error in the price, description or availability of the accommodation.
   4. We will assign a reservation number to your booking and tell you what it is when we accept your booking. It will help us if you can tell us the reservation number whenever you contact us about your Reservation.
   5. We will only accept Reservations from and enter into contracts with individuals who are 18 and above.

4. Accommodation

   1. The information that we provide regarding the Accommodation is based on the information provided to us by the Trip Provider. Although we will use reasonable skill and care in performing our services, we will not verify if, and cannot guarantee that, all information a Trip Provider provides is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
   2. Each Trip Provider remains responsible for the accuracy, completeness, legality and correctness of the (descriptive) information (including the rates/fees/prices, cancellation terms, policies and availability) displayed on our platform.
   3. Whilst we post reviews on our platform, these are provided by third parties and our platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating, type of accommodation of any Trip Provider (or its Accommodation or products or services).
   4. A Reservation is a limited license to enter, occupy and use the Accommodation. The Trip Provider may re-enter the Accommodation during your stay, but only to the extent:
      • it is reasonably necessary;
      • it is permitted by your contract with the Trip Provider; and
      • it is consistent with applicable law, for example to ensure the safety of you and your guests.
   5. If you or any of your guests stay past your checkout time, the Trip Provider has the right to make you leave in a reasonable manner consistent with applicable law, and may charge reasonable overstay penalties.
   6. You may not exceed the maximum number of allowed guests.

5. Your Right to Make Changes to your Reservation

   1. If you wish to make a change to your Reservation please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Reservation or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
   2. You are not permitted to make any change to the Reservation through the Trip Provider

6. Our Right to Make Changes to these Terms

   1. We may change these terms at any time providing that the changes shall not impact any Reservation that has been accepted before we display the changes on our platform.

7. Your Responsibilities

   1. You are responsible for what you do / do not do and are also responsible for the acts and omissions of anyone you invite to join you at the Accommodation. For example, this means:
      • you are responsible for leaving any Accommodation (and related personal property) in the condition it was in when you arrived; and
      • you and your guests must act with integrity, treat others with respect and comply with applicable laws at all times.

8. Your Right to End the Contract

   1. If you are ending your contract with us for any of the following reasons the contract will end immediately and we will refund you in full for any booking which have not been provided and you may also be entitled to compensation. The reasons are:
      • we have told you about an error in the price or description of the Reservation and you do not wish to proceed;
      • you are a consumer (meaning you are not making the Booking for business purposes) and have a legal right to end the contract because of something we have done wrong.
      We will make any such refunds due to you as soon as possible by the method you used for payment.
   2. If you wish to cancel for any other reason, the amount to be refunded to you and when it is to be refunded is determined by the cancellation policy that applies to that Reservation (which will be set out on our platform). Whilst the security deposit and cleaning charges will be completely refunded if you cancel before the Reservation start date, you will not be entitled to a refund of your holding fee and may not be entitled to a full or even partial refund of the nightly booking fee depending upon the cancellation policy. By making a Reservation you agree to such cancellation policies.
   3. To end the contract with us, please let us know by doing one of the following:
      • we have told you about an error in the price or description of the Reservation and you do not wish to proceed;
      • complete the cancellation form [(insert link)] on our website.

9. Our Right to end the Contract

   1. We and our Trip Providers shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, acts of civil or military authorities, war, terrorism, riots, embargoes, fire, floods, accidents, epidemics, disease or strikes.
   2. If the Trip Provider cancels for reasons other than causes outside of its control then we agree, at our discretion, to either:
      • reimburse you up to the total amount you have paid for the Reservation depending on the nature of the cancellation; or
      • it is permitted by your contract with the Trip Provider; and
      • use our reasonable efforts to help you find and book another Accommodation for any unused nights left in your Reservation which is reasonably similar to the Accommodation in your original booking in terms of location, size, rooms and features.
   3. We shall be entitled to terminate your account and refuse any future bookings from you where reasonable, for example where you fail to comply with our terms and conditions and/or policies.

10. Price and Payment

    1. The price of the Reservation (which includes VAT) will be the price indicated on our platform, although if there is an error in the pricing then please see Clause 3.3 above.
    2. We accept payment with all debit and credit cards bar American Express, as well as PayPal payments where relevant.
    3. You must pay in full when making the Reservation.
    4. We shall refund your security deposit to you if and when the Trip Provider confirms that you and your guests have caused no damage to the Accommodation (fair wear and tear excepted). If there has been any damage then the Trip Provider shall be entitled to deduct the amount reasonably required by it to repair or replace the damage, in accordance with the terms of their contract with you. If there is any problem or dispute regarding the return of the security deposit then please contact us.

11. Our Responsibility for Loss or Damage Suffered by You

    1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to the Reservation.
    3. If you make a Reservation for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity and our liability under this contract shall (as far as permitted by law) be limited to the amount paid by you for the Reservation.
    4. We are not responsible for the use, quality, suitability, fitness and safety of the Accommodation or the actions or omissions of the Trip Provider and make no promises or assurances in this regard. You acknowledge and agree that the relevant Trip Provider is solely responsible and assumes all responsibility and liability in respect of the Accommodation and the Reservation (except where expressly stated otherwise by us).
    5. The Trip Provider is responsible for the remittance and payment of the applicable taxes due on the total amount of the Reservation price or fee to any relevant tax authorities. We are not liable for this.
    6. If you are a consumer then nothing in these terms will affect your legal rights.

12. If there is a Problem

    1. All complaints or claims in respect of the Accommodation are to be dealt with by the Trip Provider.
    2. If you have any questions or complaints about our platform or our services, please contact us. You can write to us at support@stay365.com.

13. How we may use your Personal Information

    1. We will only use your personal information as set out in our privacy policy and cookie policy.

14. Other Important Terms

    1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the individual is under the age of18.
    3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    6. These terms are governed by English law and you can bring legal proceedings in respect of this contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of this contract in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of this contract in either the Northern Irish or the English courts.