- These terms apply to everyone who uses our Website. By using our Website, you agree that you are bound by these terms.
Using our Website
- Our Website is a marketplace that allows an Owner to advertise his Property for rent and a Renter to rent the Property on a temporary basis on the terms of a Booking Contract made between the Owner and Renter.
- You must ensure that all data that you load onto our Website is complete and accurate and not misleading, including, but not limited to details of all names and contact details and payment data.
- You must keep your log in and account details secret and not share them with any other person.
- Every visitor who posts comments on our Website must ensure that the comments are true and accurate and not misleading or offensive in nature.
- Although we do our best to ensure that our Website functions properly, we make no representation or agreement that it will be available at any particular time or times, or that it will function in any way. You agree that neither we, nor any of our officers, directors, shareholders, employees, agents and subcontractors shall be liable for any loss or damage that you may suffer or incur if at any time our Website crashes or is unavailable, or if our Website does not function properly.
- You agree to access our Website only of the purpose for which it was designed, namely to enable Owners to advertise Properties for rent on a temporary basis to Renters. You agree not to take any action that is intended to or may harm the efficient running of our website or infringe our rights or of any visitor to our Website.
With whom are you dealing when you rent a Property?
- When you rent a Property by means of our Website, you make a contract with the Owner. Although the contract is made on the basis of some standard terms that we make available for Owners to use, that are based upon our experience of offering a platform for Owners to advertise Properties for rent on a temporary basis to Renters, we are not party to that contract and we do not make any representation or offer any assurance as to the suitability of the contract for the purpose of renting any particular Property or Properties generally. It is for you to satisfy yourself that the terms of the Booking Contract are appropriate for the purposes for which you use it.
- We recommend that you read the terms of the Booking Contract carefully and ensure that they are suitable for your purposes. An example of the Booking Contract can be found here.
- Our software may allow an Owner to post a description of the Property and pictures of it on our Website, as well as a description of any additional services that are offered. Although we offer guidance to Owners about how to do this, it is not practicable for us to verify the accuracy of either the description of the Property or services made by the Owner or to determine whether the photographs posted on our Website fairly reflect the Property and its location. We take no steps to verify that any statements or descriptions of the Property or services offered or any photographic representation of a Property are true and not misleading. We do, however, offer Renters the opportunity to provide feedback on Properties by posting comments on our Reviews section. We allow a Renter to provide feedback on a Property only after his or her booking has completed via the Renter’s page on the Website.
What is the Owner responsible for?
The Owner, and not us, is responsible for:
- complying with the terms of the Booking Contract that apply to the Owner;
- ensuring the accuracy of the photographs and description of the Property that are posted on our Website;
- delivering the services agreed to be provided to you when you book; and
- delivering any additional services that are agreed to be provided to you after you book.
The Owner specifies:
- the accommodation cost;
- the times at which the Property is available for rent;
- Whether or not the Property is available for immediate booking (so that, if it is not, the Owner must confirm availability before the booking is made);
- Whether the Owner requires, and if he does, the amount of any cash deposit you must pay (which we call a “Refundable Breakage Deposit”), or whether he is willing for you to pay for our Non-Refundable Breakage Waiver instead of a cash deposit.
- the terms on which the Renter may occupy the Property during his Stay (which will be on the basis of our Booking Contract); and
- any additional services that he is willing to offer during the Stay, such as cleaning services, welcome packages, subscription television and other services and the like.
- The Owner, and not us, is responsible for:
- The Owner sets the accommodation cost and the prices for the other services that are offered.
- Occasionally, an Owner may update the prices before a booking is made. You should always check the website for the prices at the time of your booking. Very occasionally, an Owner may change the prices for your Stay after your booking is made. In this case, you may have a right to cancel in accordance with the terms of the Booking Contract.
- In addition to the prices set by the Owner, you may be liable to pay other charges to the Owner when you make your booking. You can see these charges before you book by logging in to your account. They may include charges for additional services that you agree to buy from the Owner when you make your booking, such as charges for cleaning, airport pick-up, in-Property chef, pool heating and the like, and charges we make to the Owner when the booking is made.
- You may be liable to pay the Owner, in addition, for other services that you use during your Stay.
- If your booking is cancelled, you may, nevertheless, be liable to pay any charges that the Owner is liable to pay to third parties (including us).
- Our Website allows you to make a booking only if the Owner has confirmed that the Property is available for instant booking or, if, after you have made a booking request, the Owner has confirmed that the Property is available for booking.
- When a Renter makes a booking, the Renter becomes liable to pay all sums payable under the Booking Contract when they become due. If the Renter is sharing the costs of the booking with other members of the Renter’s Party, it is, nevertheless, the responsibility of the Renter to make those arrangements. The Renter alone is responsible for performing the obligations in the Booking Contract and for ensuring that all monies are paid to the Renter. If the Renter is changed, using our System, the original Renter agrees to ensure that the original Renter and any subsequent Renter are jointly and severally liable under the Booking Contract.
- We act as the agent of the Owner to receive payment of the Deposit, rent due under the Booking Contract and any Refundable Breakage Deposit that you pay. We consider it important for your protection that you do not pay these sums directly to the Owner, but rather to us. We hold the sums you pay by way of accommodation cost for the Owner and release them to the Owner only when we consider, in our sole discretion, that it is safe for us to do so. We hold any Refundable Breakage Deposit until the period for making claims against the Renter has expired, or, if a claim for loss or breakages has been made, until the claim has been agreed or determined. You agree that we may pay to the Owner from the Refundable Breakage Deposit the amount of any loss or breakages and return any balance to you.
- We do not pay interest on any sums paid to us.
- Sometimes you may agree to pay for additional services (such as cleaning and laundry services, pay per view tv services, entertainments and the like) for which payment is to be made directly to the Owner. We recommend that you take care to ensure that you make payments to the Owner or his duly authorised representative and that you obtain a receipt for these additional payments.
What means of payment do we accept?
- Our Website shows the symbols of the payment service providers whose cards and payment systems we accept.
What happens when you make a booking?
- When a Booking is made, the Renter becomes liable to pay all sums payable under the Booking Contract and the Owner becomes liable to make the Property available for a Stay in accordance with the terms of the Booking Contract.
Cancellation and changes
- Under the Booking Contract, the Owner and the Renter may be entitled to cancel the booking. On occasion, an Owner may need to change the terms of the Booking Contract. Please refer to the terms of the Booking Contract, an example of which may be found here.
- If you cancel a Booking Contract, the Booking Contract should state whether you are entitled to a full or partial refund. You agree that if the Owner has incurred or is liable to pay costs to a third party (including us), such costs may not be refunded when you cancel.
- If the Owner cancels a Booking Contract, or if you do not agree with any changes that an Owner makes to a Booking Contract and then cancel the Booking Contract, you may be entitled to a full refund.
Our liability to the Renter and the Renter’s Party
- When your booking is made, you may be offered the option of buying our Non-Refundable Breakage Waiver. This is an insurance policy that insures the Renter and members of the Renter’s Party against claims by the Owner for certain types of loss or damage to the Property during your Stay. We act as an authorised representative of All Seasons Underwriting Agencies Ltd for the purpose of selling this insurance, which is underwritten by Focus Insurance Company Limited.
To the fullest extent permitted by law you agree that:
- Neither we, nor any of our officers, directors, shareholders, employees, agents and subcontractors shall be liable to the Renter and/or any member of the Renter’s Party for any loss or damage suffered by such person as a result of the use of our website or the services provided pursuant to it, except to the extent that such loss or damage is proven to be caused by our negligence or that of our officers, directors, shareholders and agents;
- Any claim that you may make will be made only against us and not against any of our officers, directors, shareholders, employees and agents;
- Neither we, nor any of our officers, directors, shareholders, employees and agents shall be liable for any punitive, special, indirect, consequential loss or damages, any loss of profit, loss of contract or loss of goodwill or reputation or loss of claim;
- Neither we, nor any of our officers, directors, shareholders, employees, agents and subcontractors shall be liable for any misstatement, misrepresentation or inaccuracy relating to the description of the Property or services to be provided or in any ratings shown on our Website;
- Neither we, nor any of our officers, directors, shareholders, employees, agents and subcontractors shall be liable for any services to be provided by the Owner or the Owner’s agents, or for any breach of the Booking Contract by the Owner;
- Neither we, nor any of our officers, directors, shareholders, employees, agents and subcontractors shall be liable for any loss or damages caused as a result of, or in connection with the use, inability to use, interruption of use, or delay in using of our Website;
- Nether we, or any of our officers, directors, shareholders, employees, or agents shall be liable for any failure by any payment service provider (such as Mastercard, Visa or Paypal) to decline your payment, or for any delays or errors in the processing of your payment;
- Neither we, nor any of our officers, directors, shareholders shall be liable for any loss or damage caused by any breach of duty, negligence, fraud, misrepresentation, or tort made or committed the Owner or any persons whose goods or services are made available through our Website, including, without limitation, over-booking, strike, industrial action, acts of God and any other event outside of our control.
- We are not liable or responsible for, where we take payments or facilitate bookings, ensuring that any sales or other taxes are paid to the relevant taxation authority.
- Nothing in this clause shall limit our liability for (i) fraud by us, our officers, directors, shareholders, employees, or agents, or (ii) for personal injury or death caused by our negligence or that of any of our officers, directors, shareholders, employees, or agents.
Intellectual Property Rights
- The content of our website and the software that powers, and is protected by copyright. Clickstay is the owner of the copyright an all intellectual property rights in all material on our website, other than (i) trademarks belonging to third parties, (ii) copyright in material posted on the site by Owners or Renters and (iii) other rights licensed to us .
- By posting information on our Website, you confirm that (a) you are the copyright in (and owner of all other intellectual property rights that may be asserted) in such material, (b) that Clickstay Ltd. is granted a worldwide, royalty-free, licence to use and copy that material, (c) that your rights do not infringe the intellectual property rights of any other person and (d) that you agree to indemnify us and hold us harmless against all loss and damage that we may suffer as a result of any claim that you do not own and are unable to grant to us the right to use such material or that such material infringes the intellectual property rights of anyone-else. To the extent that you would own any intellectual property rights in our website but for this clause, you assign and transfer them to us absolutely.
- No visitor to our website may copy in whole, or in part, our Website. In particular, and without limitation, no visitor may copy any text or graphics that appear on, or form part of, it, except that we agree that every Owner and Renter may download for his own use a copy of the documents and data shown on his, her or its account page on our Website for record keeping purposes.
- A Renter and Owner may download and print or copy of the Renter Contract that relates to a Property he has rented and of any of our Policies for record keeping purposes.
- “Villarenters” and “Clickstay” are trademarks of Clickstay Ltd.
- We may make changes to these General Terms, the Booking Contract and any policies that we publish on our Website at any time by changing the page(s) of our Website that contains them, or by publishing notices on our Website of the changes.
- You agree that it is your responsibility and not ours to keep copies of all financial and other transactions that you make using our Website.
- We recommend that you print copies of the information relevant to your booking on a regular basis.
- If you are a Renter or a member of the Renter’s Party, we are not obliged to provide you with access to or copies of the information contained in your account after your booking is completed.
Accessing our Website
- We reserve the right, in our sole discretion, to change the functionality from time to time of our Website and we do not accept liability for any interruption, non-availability or failure of our Website. By suing our Website you agree that we are not under any obligation to provide access to, maintain or manage any facility which at time forms part of our Website.
- Although we use our reasonable endeavours to provide access to and availability of our Website at all reasonable times, you agree that access to our Website may be limited by maintenance and other factors, whether planned or unplanned, which require or result in the suspension, or interruption, of, or the occurrence of deficiency(ies) in our Website, or its operation, in whole or part, and which may inhibit or impair your access to it. You agree that we have no liability to you in respect of any such occurrences or events or for any loss or damage of any nature whatsoever which you may suffer or incur as a result.
- To the fullest extent permitted by law, we make no representation, warranty or guarantee, whether express or implied, about our Website, that the operation of our Website will be uninterrupted, continuous or error or virus free, or otherwise.
- You agree that our Website is provided “as is”. We disclaim any warranties about merchantability and fitness for any particular purpose.
- You agree that we are not liable to you for any event which we could not, even with all due care, foresee or avoid. Such events include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and any other event outside our control.
- Clickstay Ltd. is a private company, limited by shares and incorporated in England and Wales under number 8674663, whose registered office is at Astral House, Granville Way, Bicester, Oxfordshire, United Kingdom OX26 4JY.
Clickstay’s contact details are as follows:
- By email: firstname.lastname@example.org
- By post: Unit N106, Vox Studios, 1-45 Durham Street, London, SE11 5JH, United KIngdom
- Clickstay Ltd.’s VAT number is 172 5682 90.
- Clickstay Ltd. is an Appointed Representative of All Seasons Underwriting Agencies Ltd (Firm number 308488), whose registered office is at 6-8 Fenchurch Building, Fenchurch Street, London United Kingdom EC3M 5HT. It is regulated by the Financial Conduct Authority under number 609793. Our Non-Refundable Breakage Waiver is underwritten by Focus Insurance Company Limited, registered in Gibraltar under company number 96218 and licensed and regulated by the Financial Services Commission of Gibraltar.
- If any part of these terms is or becomes invalid or unenforceable, you agree that you will be bound by the remaining terms that are not invalid or unenforceable.
Proper law and jurisdiction
- These terms and the provision of our services pursuant to them and any contract arising on the basis of them shall be construed and governed by English law .
- You agree that to submit to the exclusive jurisdiction of the Courts of England and Wales in relation to any dispute that arises out of these terms or our service.
In these terms:
Booking refers to a Booking Contract. Booking Contract means a contract between the Owner and a Renter for a temporary Stay in the Owner’s Property, made on the basis of the Booking Conditions that appear on the Website. Clickstay refers to Clickstay Ltd., a private company, limited by shares and incorporated in England and Wales under number 8674663, whose registered office is at Astral House, Granville Way, Bicester, Oxfordshire, United Kingdom OX26 4JY. Reference to Clickstay shall be deemed to include a reference to its successors and assigns. Non-Refundable Breakage Waiver means the insurance policy a summary of which can be found here, arranged by Clickstay for Renters as an alternative to the Refundable Breakage Deposit that offers protection, subject to financial limits, against breakages and damage caused during a Stay. Owner means the person who has an account with us and who either owns or co-owns the Property or who is the authorised agent of the owner(s) of the Property and in either case, has the permission of all owners of the Property to market and let the Property as temporary accommodation in accordance with a Booking Contract. Property means a hotel, apartment block, apartment, house, villa or other accommodation made available for temporary occupation by a Renter via our Website in accordance with the terms of a Booking Contract. Renter means a person who makes a booking of a Property through via our Website. Renter’s Party means a person who is listed in the Booking Contract who will occupy the Property on a temporary basis (including any additional person(s) or substitute person(s) agreed with the Owner). Stay means the period stated in the Booking Contract during which the Owner agrees that the Renter and/or members of the Renter’s Party may occupy the Property the subject of the booking on a temporary basis. Us, We, Our refers to Clickstay. Website refers to www.rentalsystems.com.
- In these terms: