Stay One Degree Limited
Website Terms And Conditions
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH STAY ONE DEGREE LIMITED (“STAY ONE DEGREE”, “US”, “WE”) PROVIDES YOU WITH ACCESS TO AND USE OF THE SERVICES LOCATED AT www.stayonedegree.com (“WEBSITE”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE SERVICES OFFERED BY US.
IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS IF THEY WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOUR EMPLOYER.
PLEASE NOTE THAT CERTAIN CITIES MAY REQUIRE HOME OWNERS TO OBTAIN PERMITS OR LICENCES BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT TERM BOOKINGS MAY BE COMPLETELY PROHIBITED. PLEASE CHECK FOR ANY SUCH RESTRICTIONS CAREFULLY BEFORE INCLUDING A LISTING ON THE WEBSITE.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR FUTURE REFERENCE.
THESE TERMS MAY BE SUBJECT TO CHANGE, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS FROM TIME TO TIME AND BEFORE REGISTERING WITH THE WEBSITE.
The General Conditions under Section A shall be applicable to all Users of the Website.
If you are a Guest, Section B set out herein shall apply in addition to the General Conditions.
If you are a Home Owner, Section C set out herein shall apply in addition to the General Conditions.
IMPORTANT NOTICE: As a Guest, You will enter into a contract directly with a Home Owner for the provision of the Accommodation listed on the Website. Stay One Degree is not a party to that contract, and Guests and Home Owners will be separately responsible and liable to one another under the terms of that contract.
SECTION A: GENERAL CONDITIONS
The following words and expressions shall have the following meanings:
“Accommodation” means residential properties made available for Booking on the Website by a Home Owner;
“Accommodation Fees” means the fees due and payable by a Guest for that Guest’s Booking in the Accommodation;
“Account” means the account set up when you register your details on the Website;
“Basic Listing” means an advert for Accommodation posted on the Website, including some of the key, but not all, Listing Information;
“Booking” means either an Instant Booking or a Booking Request accepted by the Home Owner in accordance with these Terms;
“Booking Fee” means the fee payable by a Home Owner to Stay One Degree for each Booking made via the Website as set out on the Website from time to time;
“Booking Issue” means a genuine problem with a Booking as encountered by a Guest;
“Booking Request” means a request from a Guest to schedule a Booking which is made by clicking on the “Book Now” link on the relevant Listing;
“Booking Request Period” means 24 hours from the time a Guest submits a Booking Request;
“Connection” means any One Degree Connection or Two Degree Connection of a Registered User;
"Content" means information and materials submitted and/or posted by you to the Website including, without limitation, your Listing Information, reviews and images;
“Contract” means the contract formed between Stay One Degree and you at the time you become a User of the Website in respect of the relevant and applicable Services and which incorporates these Terms;
“Full Listing” means an advert for Accommodation posted on the Website, including all submitted Listing Information;
“Guest” means a person or business registered with Stay One Degree who makes a Booking for Accommodation with its One Degree Connection(s);
“Home Owner” means a person or business registered with Stay One Degree and offering to supply Accommodation to Guests, who must be One Degree Connections, on the Website;
“House Rules” means each Home Owner’s terms and conditions for use of the Accommodation, as may be notified by a Home Owner to a Guest, and which are to be observed by Guests when staying at any Accommodation;
“Instant Booking” means, where a Home Owner has elected to make this function available, a Booking made by a Guest, which is automatically accepted by a Home Owner at the time the Booking is made;
“Intellectual Property Rights” means all intellectual property rights including without limitation, patents, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world. For the purpose of these Terms, Intellectual Property Rights shall include any intellectual property rights in any photos of the Accommodation or other Listing Information submitted to the Website;
“Listing” means either a Basic Listing or a Full Listing;
“Listing Information” means the information provided in relation to a Listing, which should include, without limitation, an accurate description of the Accommodation, photos of the Accommodation, Accommodation availability calendar and the price per night for the Accommodation;
“Login Details” means the usernames and passwords used by you to access certain functionalities of the Website;
“Network” means the electronic communications network used by us to provide the Services;
“Non-Registered User” means a person or business who is not a Guest or Home Owner and to whom Stay One Degree has granted access to view and Use certain (but not all) features and functionalities of the Services on the Website;
“One Degree Connection” means a Registered User who is directly connected to you through the Website and who may therefore book Accommodation directly with you on the Website;
“Payment Fee” means the fee payable by a Guest to Stay One Degree for each Booking made via the Website, as set out on the Website from time to time;
“Privacy Statement” means such policy in relation to data protection and privacy as is displayed on the Website from time to time;
"Profile" means information, including without limitation, the name, address, telephone number and email address relating to the Guest or Home Owner (which may or may not be fully accessible by other Users) held by Stay One Degree and published on the Website;
“Purpose” means to copy, display, distribute, sub-licence, retain for archiving purposes, publish for Stay One Degree’s own business purposes and for reasonable use in Stay One Degree’s marketing material (including marketing via social media channels), including but not limited to purposes in respect of the Services and/or the Website;
“Registered User” means a Guest or Home Owner with an Account;
“Security Deposit” means any amount that a Home Owner requires as a security deposit in order for a Guest to proceed with a Booking;
“Services” means the services made available by Stay One Degree to Users through the Website;
“Two Degree Connection” means those Registered Users with whom you are not a One Degree Connection, but who are themselves One Degree Connections with your One Degree Connection(s);
"Use" means having access to the relevant and accessible Services and “Using” shall be construed accordingly;
“User” means both Registered Users and Non-Registered Users of the Website; and
“You”, “you”, “Your”, “your” means where applicable, the Non-Registered User, the Registered User, the Guest or the Home Owner.
2. INFORMATION ABOUT STAY ONE DEGREE
2.1 - This Website (and its domain name) is owned and managed by Stay One Degree Limited and/or its licensors.
2.2 - Stay One Degree Limited is registered in Hong Kong under company number 2466090 and with our registered office at 9th Floor, Amtel Building, 148 Des Voeux Road Central, Hong Kong.
2.3 - The Website is a peer to peer online marketplace and social networking platform enabling Home Owners to rent Accommodation to Guests within their Network on the Website. You can access the Website either as a Non Registered User or Registered User, but only Registered Users will be able to make Bookings through the Website.
2.4 - Stay One Degree may be contacted by email at email@example.com.
3. ACCESS TO THE SERVICE
3.1 - You must be:
3.1.1 - where you are an individual, eighteen (18) years old or over;
3.1.2 - legally capable of entering into binding contracts; and
3.1.3 - not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms, to Use the Website.
3.2 - You may at our sole discretion, access certain features and elements of the functionalities of the Services as a Non Registered User.
3.3 - In the event you wish to access additional features and functionalities of the Services, you shall be required to become a Registered User.
3.4 - By Using the Website, you warrant that you have the right, authority and capacity, in respect of your status as a Non Registered User or Registered User, to enter into and be bound by these Terms.
3.5 - Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for any reason whatsoever to accept or decline your application as a Registered User.
4.1 - In order for your Accommodation to be posted as a Home Owner or to submit Booking Requests as a Guest on the Website you will need to set up an Account as a Registered User.
4.2 - By registering your details and setting up an Account you consent to Stay One Degree conducting verification and security procedures in respect of the information provided by you online.
4.3 - You hereby warrant that the information provided by you to Stay One Degree is true, accurate and correct. You further warrant that you shall promptly notify Stay One Degree in the event of any changes to such information.
4.4 - Subject to Sections B and C of these Terms below, where your registration as a Registered User has been accepted, we will provide you with Login Details to access certain features and functionalities of the Services. You shall keep your Login Details confidential and secure. Without prejudice to Stay One Degree’s other rights and remedies, we reserve the right to promptly disable your Login Details and suspend your access to the Website (in part or in whole) in accordance with clause 11 if we have reason to believe that you have breached this clause 4.4.
5. OUR OBLIGATIONS TO YOU
5.1 - Our ability to provide the Services and the availability of the Website may be impaired by conditions or circumstances that are beyond our control, including, without limitation, third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer operating system and the number of other Users logging onto the Website, server and Network at the same time.
5.2 - Stay One Degree relies on third party providers (such as network providers, data centres and telecommunication providers) to make the Website and the content therein and the Services available to you. Whilst Stay One Degree takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that Stay One Degree does not warrant that the Website shall be uninterrupted or fault-free at all times. Stay One Degree therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and Website as a result of Stay One Degree’s service providers.
5.3 - Stay One Degree reserves the right to make changes to the Services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Services.
5.4 - Stay One Degree shall be entitled at its own discretion to suspend the Website (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Website, including but not limited to preventing you from listing or renting any Accommodation, or using any of the Services available on the Website.
5.5 - Stay One Degree also reserves the right from time to time to monitor your Use of the Website and/or Services.
6. YOUR OBLIGATIONS TO US
6.1 - You are entitled to, subject to the terms herein, upgrade from Non Registered User status to Registered User at any time during the term of your Contract.
6.2 - You shall comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations.
6.3 - You hereby warrant and undertake to us that you have the legal capacity to enter into these Terms and You shall at all times:
6.3.1 - not use your Login Details with the intent of impersonating another person;
6.3.2 - not allow any other person to use your Login Details;
6.3.3 - not use the information presented on or obtained using the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
6.3.4 - not do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the Network;
6.3.5 - comply with instructions issued by Stay One Degree (or its employees or representatives) from time to time relating to the Website and/or Services;
6.3.6 - co-operate with reasonable security or other checks or requests for information made by Stay One Degree from time to time;
6.3.7 - not use the Website and/or Services or do anything that will infringe any Intellectual Property Rights or other rights of any third parties;
6.3.8 - not use any information obtained using the Website and/or the Services otherwise than in accordance with these Terms;
6.3.9 - contact our customer services immediately by contacting us via email at firstname.lastname@example.org if you suspect fraudulent, unlawful or illegal use of the Website and/or the Services;
6.3.10 - notify Stay One Degree immediately of any circumstances where any Intellectual Property Rights or any other rights of any third party may have been infringed;
6.3.11 - use the information retrieved from the Services and/or the Website at your own risk and that you shall be solely responsible for any illegal conduct, infringement of any third party Intellectual Property Rights and/or any breaches in any applicable laws and legislations;
6.3.12 - not "stalk" or harass any other User or collect or store any personally identifiable information about any other User other than for purposes of transacting as a Guest or Home Owner;
6.3.13 - not interfere with or damage the Website and/or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
6.3.14 - not use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Website and/or Services;
6.3.15 - not use the Website and/or Services to find a Home Owner or Guest and then complete a Booking independent of the Website in order to circumvent the obligation to pay any fees due to us for provision of the Services or for any other reasons;
6.3.16 - not do anything which involves the transmission of junk mail, chain letters, unsolicited mass mailing, instant messaging, “spimming” or “spamming”; and
6.3.17 - comply with all applicable laws, regulations and legislations in respect of your Use of the Website and/or the Services.
6.4 - For the avoidance of doubt, as a User, you shall at all times be fully liable for the breach of any of these Terms by a third party using your Login Details to access the Services.
6.5 - Stay One Degree reserves the right, at its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the terms set out in this clause 6.
7. USER SUBMITTED CONTENT
7.1 - Where you Use the Website and/or Services as a User, you undertake not to submit Content of whatsoever nature on the Website which is or may be construed to:
7.1.1 - promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
7.1.2 - harass or advocate harassment of another person;
7.1.3 - display pornographic or sexually explicit material of any kind;
7.1.4 - promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
7.1.5 - promote any illegal activities including but not limited to violating someone else’s privacy or providing or creating computer viruses;
7.1.6 - infringe the rights (including the Intellectual Property Rights) of any third party; and
7.1.7 - solicit a password or any other personally identifying information from other Users of the Website and/or Services for unlawful and illegal purposes.
7.2 - Stay One Degree has the sole and absolute discretion to modify, edit, vary, or re-format the Contents on its Website.
7.3 - We do not vet or verify any Content submitted and/or provided by you through the Website or otherwise to determine whether it may result in any liability to any third party. If you feel that any Content submitted by another User is objectionable, please contact Stay One Degree at email@example.com. Stay One Degree shall use its reasonable endeavours to review the relevant Content as soon as it is practicable and shall take such action as it deems necessary, if any at all.
8. INTERACTIONS WITH OTHER USERS
8.1 - The Website is designed to connect Guests with Home Owners and permit Guests to submit Booking Requests. It also allows Users to message other Users via direct messaging (including both individual and group messages). In order for a Guest and Home Owner to agree a Booking, they must be One Degree Connections.
8.2 - Once a User becomes a Registered User, it may become a One Degree Connection of another Registered User by sending such Registered User an invitation to connect via the Website. If a Registered User receives an invitation to connect from another Registered User it may accept or decline such invitation to connect.
8.3 - All Users may view Basic Listings of Registered Users, but may not make any Booking(s). In order for a User to view a Full Listing and make a Booking, the User must become a One Degree Connection of the Home Owner that posted the Listing.
8.4 - Two Degree Connections will not be entitled to make Bookings with you, but will be able to (i) view Full Listings; and (ii) view a Full Profile of other Registered User(s), where those Registered User(s) share at least one One Degree Connection.
8.5 - You acknowledge and agree that we only provide you with the Services and the Website. You understand that we are not involved or a participant, in any way, in respect of any contact, meetings (face-to-face or otherwise), negotiations, transactions or contracts between Guests and Home Owners, including in relation to Bookings.
8.6 - You are solely responsible for which Users you decide to connect or communicate with through the Services or the Website. Any such communication is at your sole discretion and You acknowledge and agree that we shall not be liable in any way and for any reason whatsoever in respect of your relationship with other Users. We recommend that you take all reasonable care when arranging any meeting or otherwise with any other User.
8.7 - As part of the Services, you will be able to exchange direct messages with other Users and set up and exchange group messages with other Users. You are responsible for any messages that you may send, whether direct messages or group messages. Further, we may refuse to publish, or we may remove, any message proposed by you at our sole discretion, with or without notice, at any time.
8.8 - You acknowledge that we do not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of any Users. We do not conduct background checks on any Users. We are not able to verify the Accommodation on offer in any Listing. All Content is provided to You “as is” and You agree that any use made of such content shall be strictly at Your own risk. We recommend that You do not rely solely on such Content in making or refraining from making a decision or to embark on a specific course of action.
8.9 - We do not guarantee or warrant that as a Home Owner, You will receive enquiries, responses or otherwise generate Booking Requests for your Accommodation as a result of the Website, or achieve any result whatsoever through Your use of the Website.
8.10 - You acknowledge and agree that You are solely responsible for all communication with, and any subsequent dealings with, other Users.
9. INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS
9.1 - Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Stay One Degree to You, any Intellectual Property Rights owned by and/or licensed to Stay One Degree and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Stay One Degree and/or its licensors.
9.2 - Unless otherwise expressly set out to the contrary, all Intellectual Property Rights in the Content shall remain exclusively with You and/or Your licensors.
9.3 - You are expressly prohibited from:
9.3.1 - reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;
9.3.2 - removing, modifying, altering or using any registered or unregistered marks/logos owned by or licensed to Stay One Degree; and
9.3.3 - doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website and/or Service or could be considered an infringement of any of the Intellectual Property Rights owned and/or licensed to Stay One Degree without first obtaining the written permission of the owner of such Intellectual Property Rights.
9.4 - You warrant and represent that you own or are licensed to use any and all copyright and other intellectual property rights in all the Content that you submit to the Website as part of your use of the Services.
10.1 Subject to these Terms, you hereby grant Stay One Degree a non-exclusive, perpetual, irrevocable, non-terminable, transferable, sub-licensable and royalty-free licence to:
10.1.1 - use the Intellectual Property Rights owned by and/or licensed to you in the Content for the Purpose; and
10.1.2 - at its sole discretion, choose to display or to remove any Content or any part of the same that you make available on the Website.
10.2 - You hereby unconditionally and irrevocably waive all moral rights attaching to the Content pursuant to Chapter IV of Part I of the Copyright, Design and Patents Act 1988 and any similar or corresponding rights.
10.3 - You hereby agree that Stay One Degree may:
10.3.1 - upon obtaining prior consent from You (such consent not to be unreasonably withheld), refer to You in any of its marketing material as a customer of Stay One Degree and refer to the type of services that Stay One Degree has provided to You; and
10.3.2 - use any of your trademarks and/or logos in Stay One Degree marketing and publicity materials for its publicity and marketing purposes.
10.4 - You hereby indemnify and shall keep Stay One Degree indemnified against all losses, liabilities, costs and expenses (including without limitation legal costs) suffered or incurred by Stay One Degree arising from or in connection with any infringement of any third party Intellectual Property Rights arising out of or in connection with Stay One Degree’s use and/or possession of the Content for the Purpose.
11. TERM AND TERMINATION
11.1 - Subject to clause 11.2, 11.3 and 11.4 and unless otherwise expressly set out to the contrary in these Terms, our Contract with you shall remain in force:
11.1.1 - where you are a Non Registered User, for the duration in which you Use the Website; or
11.1.2 - 11.1.2 where you are a Registered User, for the duration of your registration with us, and such Contract shall be effective and in force until terminated by either party in accordance with this clause 11.
11.2 Stay One Degree may terminate your Contract at any time and for any reason on the provision of no less than fourteen (14) days written or e-mail notice to you.
11.3 You may terminate your Contact as a Home Owner without cause with immediate effect upon written notice to us. In such event:
11.3.1 - you shall fulfil all Bookings made on or before the date of termination;
11.3.2 - you shall cease all use of the Website on the date of termination;
11.3.3 - all rights granted to you hereunder shall cease on the date of termination; and
11.3.4 - we shall delete your Listing(s) from the Website on the date of termination or when reasonably practicable thereafter.
11.4 - You may terminate your Contract as a Guest without cause with immediate effect upon written notice to us. In such event:
11.4.1 - you shall cease all use of the Website on or before the date of termination;
11.4.2 - all rights granted to you hereunder shall cease on the date of termination; and
11.4.3 - we may delete your content from the Website on the date of termination or when reasonably practicable thereafter,
but you acknowledge that termination of your Contract shall not affect any Bookings made by you through the Website.
11.5 Stay One Degree reserves the right to suspend and/or terminate your access to the Website and/or the Services immediately on notice if:
11.5.1 - the Network owner ceases to make the Network available to Us;
11.5.2 - We believe that You and/or someone using your Login Details has failed to comply with one or more of these Terms;
11.5.3 - We believe that there has been fraudulent use, misuse or abuse of the Website and/or the Service, including any breach of clause 6.3 and/or 7.1; or
11.5.4 - We believe that you have provided us with false, inaccurate or misleading information in respect of your registration and/or Use of the Website and/or the Service.
11.6 - For the avoidance of doubt, if your Contract has been terminated by us in accordance with these Terms, your access to the Services (in whole or in part) as a User shall cease but you acknowledge that termination of your Contract shall not affect any Bookings made by you through the Website.
12. EXCLUSION OF WARRANTIES AND LIABILITIES
12.1 - Unless expressly provided to the contrary in these Terms and to the maximum extent permitted by law, Stay One Degree excludes all representations, warranties, obligations and liabilities in connection with the information provided through the use of the Service and/or the Website, including but not limited to warranties of satisfactory quality, fitness for a particular purpose or otherwise.
12.2 - Subject to clauses 12.9 and 12.10, if Stay One Degree fails to comply with these Terms, Stay One Degree shall be entitled to be given reasonable opportunity to rectify any errors and to re-perform its obligations hereunder.
12.3 - All information published on the Website and/or made available through the Services including without limitation the Content, is intended as information only and does not in any way constitute advice of any nature. Stay One Degree does not warrant or guarantee the accuracy, completeness, correctness, reliability or suitability in respect of any Content or any other information made available to you through your use of the Website and/or Services. If you so intend to use and/or rely upon any Content, or any other information made available to you through your use of the Website and/or Services, you do so at your own risk and liability.
12.4 - Links to third party websites may from time to time appear on the Website. Such third party websites are not the responsibility of Stay One Degree and Stay One Degree accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
12.5 - We are responsible to you for foreseeable loss and damage caused by us. 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 these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen.
12.6 - We are not responsible for any loss or damage that is not foreseeable.
12.7 - Subject to clause 12.9, our maximum aggregate liability to You under or in connection with your Contract shall not exceed the higher of (a) (i) as a Guest, the amounts you have paid for Bookings via the Website in the 12 month period prior to the event giving rise to the liability or five hundred euros (€500.00); (ii) as a Home Owner, the amounts paid by us to you in the 12 month period prior to the event giving rise to the liability or (b) five hundred euros (€500.00).
12.8 - Only if you are acting as a consumer (as defined under section 2(3) of the Consumer Rights Act 2015) in your use of the Services and Website, we do not exclude or limit our liability for breach of sections 9, 10, 11 and 13 of the Consumer Rights Act 2015.
12.9 - We do not exclude or limit in any way our liability for:
12.9.1 - death or personal injury caused by our negligence;
12.9.2 - fraud or fraudulent misrepresentation;
12.10 - We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
12.10.1 - any loss of profits, sales, business, or revenue;
12.10.2 - loss or corruption of data, information or software;
12.10.3 - loss of business opportunity;
12.10.4 - loss of anticipated savings;
12.10.5 - loss of goodwill; or
12.10.6 - any indirect or consequential loss
howsoever arising, and including, without limitation, any loss in respect of which you have notified Stay One Degree may be incurred.
12.11 - In the event that you have a claim or right of action against any other User arising from their Use of the Service, you agree to pursue such a claim or action independently of and without any demands from Stay One Degree, and you fully and completely release Stay One Degree from all claims, liability and damages arising from or in any way connected to such claim or action.
13. PRIVACY STATEMENT
14. FORCE MAJEURE
14.1 - We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.
14.2 - What We mean by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
14.3 - If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
14.3.1 - We will contact You as soon as reasonably possible to notify you; and
14.3.2 - our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
15. DISPUTES AND COMPLAINTS
15.1 - In the event that you have a dispute with another User, you hereby release Stay One Degree from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
15.2 - If you have any complaints in relation to another User, we would advise in the first instance to discuss this with that User. In the event that such discussions do not result in a resolution to the complaint, you may contact Stay One Degree at firstname.lastname@example.org. Stay One Degree will use its reasonable endeavours to respond to any such complaints within a reasonable time, and take reasonable action which We deem appropriate to resolve or rectify the subject matter of such complaints.
15.3 - If you have reason to believe that any of the terms herein have been breached or you have a complaint to make in relation to the Website, please e-mail Stay One Degree at: email@example.com. All notification and communication to Stay One Degree should be sent to the contact details provided herein.
16.1 - If Stay One Degree fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 - No waiver by Stay One Degree of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
16.3 - For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.
16.4 - No delay in exercising or non-exercise by you and/or Stay One Degree of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Stay One Degree ’s rights. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.
16.5 - Stay One Degree reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
16.6 - If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
16.7 - These Terms and any document expressly referred to in them represent the entire agreement between you and Stay One Degree in respect of your use of the Website, and shall supersede any prior agreement, understanding or arrangement between you and Stay One Degree, whether oral or in writing.
16.8 - You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and Stay One Degree except as expressly set out in these Terms.
16.9 - Stay One Degree may alter or amend these Terms by giving reasonable notice on the Website or in writing to you (including via email). By continuing to Use the Services and/or the Website after expiry of the notice period, you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your agreement with Stay One Degree, you may do so by giving Stay One Degree notice of termination, with such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect.
16.10 - These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms.
16.11 - These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.
SECTION B: GUEST ADDITIONAL CONDITIONS
This Section B shall apply to you if you are a Guest. You are a Guest if we accept your registration as a Guest, as set out below.
17. REGISTERING AS A GUEST
17.1 In order to book Accommodation and connect with other Registered Users you will need to register with the Website as a Registered User. To register as a Guest, you will need to complete and submit an online registration/sign up form on the Website. Upon the completion and submission of the online registration form, you shall be sent a verification email (“Verification Email”) to the email address you provided on the registration form. To complete registration, you shall be required to click on the link in the Verification Email. Upon successful verification of your e-mail address, your registration will be complete. You shall not be permitted to connect with other Registered Users, view any Listing or place Bookings until you have completed the verification process. Non-registered users of the Website will however be able to undertake basic searches for Accommodation and see an overview of Accommodation on the Website that matches their search criteria. To make any Booking of such Accommodation, that user will need to become a Registered User.
18. BOOKING ACCOMMODATION
18.1 - You acknowledge and agree that a Booking means you have entered into a contract directly with the Home Owner for the provision of the Accommodation. Stay One Degree is not a party to that contract, and Guests and Home Owners will be separately responsible and liable to one another under the terms of that contract.
18.2 - You acknowledge and agree that when submitting a Booking Request, you have read and understood the Listing Information describing the Accommodation and have accepted, or will accept, any House Rules (if applicable) and any requirements for a Security Deposit. Stay One Degree does not verify the accuracy of the Listing Information or the House Rules and you enter into a contract for the supply of that Accommodation at your own risk.
18.3 - The Website gives Home Owners the option of accepting Instant Bookings or requiring Guests to submit a Booking Request. If the Home Owner has elected the option of requiring Guests to submit a Booking Request, your Booking Request will be only deemed accepted when the Home Owner confirms, within the Booking Request Period, that they are able to provide the Accommodation. Otherwise, the Booking Request will be cancelled.
19. FEES, CANCELLATIONS AND REFUNDS
19.1 You acknowledge and agree that, notwithstanding the fact that we are not a party to the contract between you and the Home Owner, we act as the Home Owner’s payment collection agent solely for accepting payments from you on their behalf. You agree to pay us the Accommodation Fees (as the Home Owner’s payment collection agent), and the Payment Fee notified to you at the time of submitting your Booking Request, in accordance with these Terms.
19.2 - Following receipt of a Booking Request, you agree that we may pre-authorise your credit card for the total Accommodation Fee and the Payment Fee. The Home Owner is required to either confirm or decline the Booking Request within the Booking Request Period. If you do not receive a response from the Home Owner within the Booking Request Period, your Booking Request shall be deemed to be declined.
19.3 - If your Booking is accepted either via an Instant Booking or a Booking Request, we will automatically take a non-refundable payment of an amount equal to 50% of the Accommodation Fee, together with the applicable Payment Fee, in accordance with the payment instructions submitted by you in your Booking Request.
19.4 - On or around thirty (30) days prior to the start date of your Booking, the remaining 50% of the Accommodation Fee which shall be taken.
19.5 - Any Booking made within 30 days of the start date of such Booking will require a non-refundable payment of 100% of the Accommodation Fee and the Payment Fee, to be paid by you at the time that the Booking is accepted.
19.6 - If you wish to cancel a Booking, either prior to or after arriving at the Accommodation, please select Cancel Booking within My Trips. For the avoidance of doubt, your Payment Fee is non-refundable in the event of any cancellation. Further, if you cancel with more than 30 days prior to the start of your Booking, the initial 50% of the Accommodation Fee shall be non-refundable, but your card will not be charged for the remaining 50%. If you cancel with less than 30 days prior to the start date of your Booking, 100% of the Accommodation Fee shall be non-refundable.
19.7 - Upon acceptance of your Booking, you also agree to pay the Home Owner any amount attributable to any damage caused by you to the Accommodation during your Booking in the form of a Security Deposit. Stay One Degree will not take payment of the Security Deposit at the time of Booking, however you, as Guest, agree to Stay One Degree taking the Security Deposit (as notified by the Home Owner prior to the Booking) from the payment method that you used to pay the Accommodation Fee and Payment Fee at the time of Booking. In the event that a Home Owner seeks to claim any amount out of the Security Deposit after your Booking, both you as Guest and the Home Owner will enter into good faith discussion to agree the amount of such Security Deposit payable for the damage caused. In the event that you as Guest and the Home Owner cannot agree an amount of the Security Deposit owed, Stay One Degree will determine the amount of the Security Deposit owed to Home Owner, taking into account the damage caused and any reasonable arguments put forward by both you as Guest and the Homeowner in relation to such damage. Any amount determined by Stay One Degree will be final and we may take the agreed sum of such Security Deposit from the payment method used by you to make the Booking at any time within 5 days of Stay One Degree’s final determination of the payable sum.
19.8 - Accommodation Fees may be withheld by Stay One Degree or refunded (as applicable) if you encounter a Booking Issue and submit a claim to Stay One Degree detailing the reasons you are requesting a refund together with any supporting evidence and information. The decision to either refund you for the Accommodation Fees or release the Accommodation Fees to the Home Owner shall be at our sole discretion and any decision we make, acting reasonably, shall be final.
19.9 - If a Home Owner cancels a Booking, we will refund the Accommodation Fees and your Payment Fee for such Booking to you within a commercially reasonable time of the cancellation.
19.10 - All Accommodation Fees, Payment Fees and Security Deposits are payable in the selected currency of the Home Owner. In connection with your Booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our payment processor. You agree to pay us for any Booking by one of the methods described on the Website. You hereby authorise the collection of such amounts using the method selected by you through the Website, either directly by us or indirectly, via our payment processor. If you are directed to our payment processor, you may be subject to terms and conditions governing use of their service. Please review such terms and conditions before using the processing services.
20. ADDITIONAL OBLIGATIONS
20.1 - You are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation (where permitted by the Home Owner). In the event that a Home Owner claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. Payment may be taken from a credit card or other payment method listed in your Account.
20.2 - A Booking is a license granted by the Home Owner to you to enter and use the Accommodation for the limited duration of the Booking and in accordance with the House Rules. As part of the licence, you may be required by the Home Owner to provide a copy of your passport and sign a licence agreement with the Home Owner to cover your stay at the Accommodation.
20.3 - You agree to leave the Accommodation no later than the checkout time specified in the Booking or such other time as mutually agreed upon between you and the Home Owner. If you stay beyond the agreed upon checkout time without the Home Owner's consent, you no longer have a license to stay in the Accommodation. You may be subject to additional charges should you remain in the Accommodation beyond the duration of your Booking, including all applicable Payment Fees, taxes, and any legal expenses incurred by the Home Owner to make you leave. As limited collection agent for the Home Owner, we may charge your credit card or other payment methods in your Account to collect any such additional fees. In addition, we may also recover from you any costs and expenses incurred by us in collecting such additional fees by charging your credit card or other payment method on file. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage or additional stay directly to the applicable Home Owner.
20.4 - If a Home Owner makes a claim and provides evidence to us of damage to their Accommodation caused by you pursuant to any Booking, you will be notified of such claim and given a reasonable opportunity to respond. Thereafter, we may collect any such costs (up to a maximum of USD$5,000 or such lower amount that a Home Owner includes in its Profile) from your credit card or other payment method listed in your Account. You shall cooperate with us, assist us, provide us information and take such action in good faith as we may reasonably request in connection with any claims or complaints made by Home Owner in relation to their Accommodation.
20.5 - You are solely responsible for ensuring you have all applicable visa and immigration requirements and that you have in place adequate travel insurance in relation to your travel arrangements.
SECTION C: HOME OWNER ADDITIONAL CONDITIONS
This Section C shall apply to you if you are a Home Owner as set out below.
21. REGISTERING AS A HOME OWNER
21.1 - In order to offer Accommodation on the Website you will need to become a Registered User and set up your Accommodation Listing. Your Accommodation Listing should include, without limitation, the Listing Information and your House Rules (if applicable).
22.1 - Once you have successfully completed your Accommodation Listing you may accept Bookings for your Accommodation through the Website. You shall ensure that the Listing Information is accurate and complete.
22.2 - All Listing Information provided by you shall:
22.2.1 - relate strictly and solely to the Accommodation you wish to advertise;
22.2.2 - include the price per night for the Accommodation;
22.2.3 - be accurate and complete; and
22.2.4 - not include any contact details (e.g. e-mail addresses, contact numbers, social media links etc),
and we reserve the right to edit and/or remove any Listing Information at any time where we believe it is in breach of this clause 22.2.
22.3 - Subject to compliance with clause 22.2, your Listing will be made publicly available via the Website and One Degree Connections will be able to submit Booking Requests via the Website based upon the Listing Information provided. You understand and agree that once the Guest submits a Booking Request, you may not request the Guest to pay a higher price than the price per night included in the Listing.
22.4 - You represent and warrant that any Listing posted and any stay by a Guest at any Accommodation: (i) will not breach any agreements you have entered into with any third parties, such as leases, licences, tenancies, rental agreements or insurance policies, and (ii) will (a) be in compliance with all applicable laws (such as laws governing residential tenancies), tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
23.1 If you receive a Booking Request you must accept or decline the Booking Request via the Website, where you will also be able to review details of the Booking Request. Prior to accepting a Booking Request, you are responsible for ensuring you are satisfied with the relevant terms of the Booking Request, including but not limited to the Accommodation Fees payable by the Guest, your Booking Fee and the check-in/check-out dates.
23.2 - When you accept a Booking Request by clicking “accept”, we will send you an email, text message or message via the Website confirming such acceptance (“Booking”).
23.3 - You acknowledge and agree that when a Guest makes a Booking with you through the Website, you will enter into a contract directly with the Guest for the provision of your Accommodation. Stay One Degree is not a party to that contract, and Guests and Home Owners will be separately responsible and liable to one another under the terms of that contract.
23.4 - You are responsible for ensuring that a Guest has been notified of and has accepted your House Rules prior to you accepting any Booking Request.
23.5 - You must ensure that at all times the Listing complies with the Stay One Degree cancellation and refund requirements as set out on the Website from time to time.
23.6 - Stay One Degree uses third party payment handlers to process any payment made through the Website.
24. PRICE AND PAYMENT
24.1 - The price per night for the Accommodation advertised on the Website shall be no higher than the price per night advertised on any other website through which you are offering the Accommodation.
24.2 - You hereby appoint us as your limited payment collection agent solely for the purpose of accepting the Accommodation Fees from Guests.
24.3 - We charge a Booking Fee in respect of each Booking. The Booking Fee is deducted from the Accommodation Fees, so the amount you receive from us in relation to any Booking will be less than the amount we receive from the Guest.
24.4 - You agree that payment made by a Guest via our payment processor shall be considered as a payment made directly to you and you will proceed with the Booking as if you had received the applicable Accommodation Fees. You acknowledge and agree that we accept payments from Guests as your limited payment collection agent and that our obligation to pay you the Accommodation Fees (less our non-refundable Booking Fee and any taxes in respect of the Booking Fee) is subject to and conditional upon successful receipt of the associated payments from Guests. We do not guarantee payments to you for amounts that have not been successfully received by us from Guests. In accepting appointment as your limited payment collection agent, we assume no liability for any acts or omissions by you or the Guest.
24.5 - We will collect an amount equal to 50% of the Accommodation Fees at the time of the Booking (i.e. when you confirm to the Guest that the Booking Request is accepted) by way of a non-refundable deposit from the Guest. We will take the Booking Fee, which is also non-refundable, out of this initial 50% of the Accommodation Fees and transfer the remainder of this sum to you in accordance with clause 24.7 below.
24.6 - The remaining amount equal to 50% of the Accommodation Fees will be collected from the Guest around 30 days prior to the start date of the Booking and paid to you in accordance with clause 24.7 below.
24.7 - We will use all reasonable endeavours to initiate payment of the Accommodation Fees (less our non-refundable Booking Fee and any taxes in respect of the Booking Fee) to you within thirty six (36) hours of receipt of the payment from the Guest. The time it takes for you to receive the Accommodation Fees (less our non-refundable Booking Fee and any taxes in respect of the Booking Fee) may vary depending on our method of payment. In the situation where the pay-out currency to you is different to the payment currency for amounts received from Guests, we (or our third party payment processors) will calculate the pay-out to you by applying the relevant exchange rate we use for calculating foreign currency conversion on the date we initiate payment of the Accommodation Fees (less our non-refundable Booking Fee and any taxes in respect of the Booking Fee) to you.
24.8 - Notwithstanding clause 24.7 and unless already released to you, the Accommodation Fees due to you may be withheld from you in the event a Guest submits a complaint against you. In the event the Guest provides evidence of such claims, we reserve the right to conduct investigations and you agree to co-operate with such investigations, providing such information and answering such questions as we may reasonably request. On completion of our investigation, release of the Accommodation Fees (less our non-refundable Booking Fee and any taxes in respect of the Booking Fee) to you shall be at our sole discretion and any decision we make, acting reasonably, shall be final.
24.9 - You agree that we may, in accordance with Stay One Degree’s cancellation policy, permit the Guest to cancel the Booking. If a cancellation is made more than 30 days prior to the start date of the Booking, the Guest will not be charged the remaining balance equal to 50% of the Accommodation Fee.
24.10 - If you cancel a Booking, you agree that we may apply consequences to you or your Listing, including by publishing an automated review on your Listing indicating that a Booking was cancelled. You also agree to refund the Guest in full for both the Accommodation Fee and the Payment Fee as paid by the Guest. In the event of your cancellation, our Booking Fee shall be non-refundable.
24.11 - If a Guest encounters a Booking Issue, we may decide to refund all or part of the Accommodation Fees for the applicable Booking. In the event we issue a refund to a Guest, you agree that we shall be entitled to recover from you the amount of the refund, which may include deducting such amount from any future Accommodation Fees that may be due to you.
24.12 - You are solely responsible for determining any tax reporting requirements that may apply to you. We do not offer any tax advice and you are solely responsible for the payment of all taxes, duties and government contributions and any other amount due in connection with any payment received by you in connection with the Website and/or Services.
24.13 - You must contact us if you have cancelled a Booking and you believe that the cancellation resulted from extenuating circumstances. In such situations, you must submit a claim to us within fourteen (30) days of the date you cancelled the Booking and provide any supporting documentation we reasonably request. If we determine, at our sole discretion, that your reasons for cancellation are for extenuating circumstances, we may waive any the consequences imposed on you pursuant to clause 24.10. Extenuating circumstances may include, but not be limited to: serious illness or injury to you restricting your ability to host, natural disasters, travel restrictions or serious security advisories issued after Booking, endemic disease, severe property damage or maintenance issues affecting safety.
25. YOUR ADDITIONAL OBLIGATIONS AS A HOME OWNER
25.1 - You shall comply with all policies and guidelines of Stay One Degree published on the Website from time to time.
25.2 - You shall respond promptly in a courteous and professional manner to any questions received from a Guest in relation to the Accommodation made available on the Website.
25.3 - You may choose to include a Security Deposit in your Listing Information. Stay One Degree will use reasonable endeavours to address your requests and claims relating to a Security Deposit. You agree to cooperate with Stay One Degree and provide Stay One Degree with such information and evidence, as well as take such action as we may reasonably request, in relation to any claims made relating to a Security Deposit.
25.4 - You shall ensure that at all times during your Contract, you have all applicable qualifications, insurance policies and waivers in place in order to permit Guests to stay in your Accommodation.
25.5 - You shall not:
25.5.1 - submit any Listing Information with a price per night that you do not intend to honour;
25.5.2 - offer any Accommodation that you do not yourself own or have permission to rent as a residential or other property (including serving in the capacity of a rental agent or listing agent for a third party); or
25.5.3 - offer any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement.
25.6 - You hereby indemnify and shall keep indemnified Stay One Degree in full and on demand against all costs (including reasonable legal costs), claims, damages, losses and expenses incurred or suffered by Stay One Degree arising out of or in connection with any claim or action brought by the Guest in connection with the Accommodation and the Listing Information.
25.7 - You shall not conduct any direct marketing using personal information (which, for the avoidance of doubt, shall include all email addresses) that came into your possession through your use of and activities on the Website, nor will you disclose such personal information to any third party without the data subject’s express written consent. Furthermore you shall not include in the Listing Information or any other communication with any Guests any link to any URL located outside the Website, nor any advertising for any services other than your Accommodation.
25.8 - You warrant, represent and guarantee that you shall comply with all applicable legislation in respect of the Listing Information and that the Listing Information shall not infringe any intellectual property rights, or any other rights of any third party.
25.9 - You warrant that the Listing Information is not misleading and contains all necessary information about the passport and/or visas required for the provision of the Accommodation as well as any applicable health formalities.
26. ADDITIONAL DISCLAIMER
You acknowledge that we do not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of any Guests. We make no representations and assume no responsibility for any Guests. We are not able to vet, verify the accuracy, correctness and completeness, monitor, edit or modify any Guest (or User) security profiles. Consequently, all such Guest information and content available on the Website is provided to you “as is” and you agree that any use made of such content shall be strictly at your own risk.