1.1 The Guest/Customer T&C’s are a binding contract between Staywala.com and the Guest/Customer. By using or accessing the Site www.staywala.com or Staywala.com’s platforms or systems and also via mobile applications (for mobile phone, tablet and other devices or interfaces) (collectively, the "Site"), you acknowledge that you agree to and are subject to the Guest/Customer T&C’s. The operations of Staywala.com in India are managed by Staywala.com. The Staywala.com provides an on-line platform and various tools, services, and functions which enable property owners to list property and Guest/Customers to book such property (together the “Services”). Booking payments conducted through the Site (the “Payment Services”) are handled by third party payment providers
1.3 If you do not fully agree to the Guest/Customer T&Cs, you are not authorised to access or otherwise use the Site.
1.4 Staywala.com does not authorise anyone to register with this Site unless they are able to enter into legally binding contracts. As a consequence, the Services may only be used by persons aged 18 and over.
1.5 Staywala.com may revise these Guest/Customer T&Cs from time to time for reasons such as a technical development, a change in business operations, new or amended or discontinued products or features, or due to a change in applicable laws.. You should visit this page periodically to view the most current Guest/Customer T&Cs because they are binding on you.
2.1 This Site is a place where Guest/Customers can view listings of, and obtain information about, properties offered for rent (“Properties”) by others, including property owners, lessees and managers, (each, a “Partner” and collectively with a Guest/Customer, the “users”). We may also offer other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions with each other.
2.2 The Site acts only as a venue for users to interact with each other. Rental contracts are concluded only between the Guest/Customer and the Partner. Staywala.com is not, and does not become, a party to any contractual relationship between the Guest/Customer and the Partner and does not mediate between the Guest/Customer and the Partner in the event of any dispute arising between them. You acknowledge and agree that the Guest/Customer and the Partner will be responsible for performing the obligations of any such agreements, between the Guest/Customer and the Partner, that Staywala.com is not a party to such agreements, is not acting as an agent on behalf of Partners and disclaims all liability arising from or related to any such agreements. This is true even if the Site facilitates a booking for a Property or the use of other tools, services or products, as Staywala.com is not a party to any rental or other agreement between Guest/Customers and Partners, and the Partners are not considered as Staywala.com’s service providers Staywala.com is not an organiser or retailer of travel packages.
2.3 Partners may be either individual property Partners acting on a consumer to consumer basis, or property managers operating on a business to consumer basis. If you enter into a rental agreement with a Partner on a consumer to consumer basis, please be aware that consumer law will not apply in relation to your contract with the Partner. The Partner is solely responsible for determining whether or not they are operating as a consumer or a business and for any representations they make to Guest/Customers with respect to their status.
2.4 Guest/Customers are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into either on the Site or in connection with their use of the Site. Guest/Customers should please note that Partners are responsible for and agree to abide by all laws, rules and regulations applicable to the listing and rental of their Property and to the conduct of their rental property business. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to any Property Listed on the Site, there may be circumstances where we are nevertheless obligated to provide information relating to any listing in order to comply with governmental or regulatory bodies investigations, litigation or administrative proceedings.
2.5 Staywala.com may charges a service fee payable by Guest/Customers who book a Property on the Site via the Site checkout (the “Service Fee”). The service fee covers the use of the Site, including such features as 24/7 support, and is calculated as a percentage of the total rental amount (which may include additional fees and damage deposits charged by the Partner). Depending on the laws of the jurisdiction where the Guest/Customer and/or Partner resides, the service fee may be subject to (or may include) GST/VAT, Stay Taxes (as detailed in section 2.8), or any other equivalent indirect taxes that are applicable. Partners agree not to encourage or advise a Guest/Customer to avoid or circumvent the service fee charged by Staywala.com, and Guest/Customer agrees not to avoid or circumvent the service fee.
2.6 Staywala.com may be required to collect and remit taxes (inclusive of GST/VAT , sales taxes, or other equivalent taxes) on the Service Fee. Where required, Staywala.com will provide the Guest/Customer with an invoice stating the amount of taxes charged on such Service Fee. If the Guest/Customer is entitled to an exemption from indirect taxes or their equivalent on the Service Fee, it must provide Staywala.com with required documentation and support for such exemption.
2.7 If the Guest/Customer is a business Guest/Customer that is GST/VAT registered or an employee of a company that will reimburse GST/VAT charged, it must provide Staywala.com with the valid GST/VAT number and its related billing address, in order for Staywala.com to apply the reverse charge mechanism, where applicable, to the Service Fee.
2.8 Collection and remittance of the Stay Tax: Guest/Customers are liable for the payment of Stay Tax (as defined below),. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Rental Amount set by Partners, a set amount per day, amount based on number of guests, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Stay Taxes"). Other exceptions to the payment of the Stay Tax might apply, in such event the Guest/Customer shall claim a refund to the relevant local authority in charge of collecting the Stay Tax. In certain jurisdictions, where the law authorizes this, Staywala.com may directly collect and remit the Stay Tax on behalf of the Partners. In such case, the Partners will have no action to take regarding the collection from the Guest/Customers and the remittance to the city of this Stay Tax. In any jurisdictions in which such process will be implemented, Partner hereby instructs and authorizes Staywala.com to collect the Stay Tax from the Guest/Customers on their behalf and to proceed to the relevant tax filing requirements
2.9 The Site is made up of Property Listings provided by Partners and content from other third parties. Such content is the responsibility of the Partner or third party creator of the content. We have no responsibility for such content as we are merely providing access to the content as a service to you and providing you with the facility to communicate directly with the Partner to enquire about a Property and make bookings with the Partner for the rental of such Property. All bookings you make are made directly with the Partner and your contract will be only with the Partner. Any such contract will govern your right to occupy and use the Property and may contain obligations to pay additional fees and taxes. Staywala.com is not a party to any such contract and Staywala.com has no liability to you for the Partner’s provision of the Property. We do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information in the Listings on the Site or any opinions/content posted by third parties. Further to clause 10, and in application of the webhosting status, Staywala.com will remove the content if it becomes aware or is notified that the content is illegal.
3.1 Please note that Partners are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated.
3.2 Where a Partner has enabled online bookings, Guest/Customer will be able to make a booking online, which shall be approved or declined by the Partner within 24 hours. For online payment, a Guest/Customer whose booking was confirmed by the Partner will be able to pay with their credit card through the payments gateway offered by our third party payment provider and/or Staywala.com Payments. The online payment service is subject to the terms and conditions of the third party payment provider or, in the case of Staywala.com Payments, the Accommodation Fee Collection Agreement and Guest/Customer agrees and acknowledges that (with exception of Staywala.com Payments’ obligations pursuant to the Accommodation Collection Fee Agreement) Staywala.com has no control over or any responsibility for this service.
3.6 Communications between Guest/Customers and Partners using the Staywala.com platform must not include email addresses or phone numbers. Please be aware that any communication on the Site (or through the Staywala.com platform) will be available for viewing by Staywala.com employees and representatives in order to comply with its obligations due to its webhosting status and to monitor for compliance with the Guest/Customer T&Cs.
3.7 Staywala.com may, from time to time, use third party e-mail servers to enable us to send and track receipt of the Enquiry emails, and analyse the pattern of Enquiry usage reported by these third party tracking systems. Our system does not store messages indefinitely, and such messages may not be accessible after having been delivered to you. Please print a copy of any message which is important to you – for example a payment receipt or a booking confirmation.
3.8 Partners and Guest/Customers are solely responsible for the content of their communications between each other.
Staywala.com cannot guarantee that any Listing will appear in any specific order in search results on a Site. Search order will fluctuate automatically depending on filters used by Guest/Customers, Guest/Customer preferences, as well as Partners' “Ranking” which may consist of the attributes of the property, the quality of the experience provided and the compensation paid for bookings. Attributes of a property are evaluated based on a variety of factors such as Guest/Customer feedback, amenities, and the location of a property. The quality of the experience is based on a variety of factors such as calendar accuracy, Partner response times and booking acceptance, online booking and online payments capability, rate consistency and quality stay experience. The compensation paid for bookings is also a factor for the relative ranking of properties with similar offers, based on the relevance factors described above. If a listing is placed on a subscription basis, search results may also vary depending on the search criteria used by a particular Guest/Customer. Staywala.com reserves the right to apply automatically various search algorithms or to use methods to optimize Ranking results for particular Guest/Customers’ experiences and the overall marketplace. Listings distributed on third party sites are not guaranteed to display on such third party site in any particular order or at all. Search results and order may appear different on Staywala.com’s mobile application than they appear on its website. To optimize the search experience for both Partners and Guest/Customers and improve the Ranking Process, Staywala.com retains the right to run occasional tests that will be limited in duration but may alter how we display Listings and search results.
5.1 Should Guest/Customers wish to use services available to them on the Site other than simply making an Enquiry, they must register with the Site. Staywala.com does not authorise anyone to register with the Site unless they are able to enter into legally binding contracts. As a result of successfully completing the registration process, the Guest/Customer obtains a user account for the Site (an “Account”).
5.2 To obtain an Account, a Guest/Customer must follow all the instructions given by Staywala.com during the registration process. A Guest/Customer can sign up for an Account using a personal email address or alternatively can sign up using Facebook/GOOGLE login credentials by clicking on the Facebook/GOOGLE login button on the registration screen.
5.3 The Guest/Customer’s Account includes information which is made publicly available to other users of the Site and can also be seen by other internet users not registered on the Site, for example, it may show up in Google search engines. An Account includes, amongst other things:
5.4 Tax regulations may require us to collect appropriate Tax information from Guest/Customers. Guest/Customer is responsible to ensure all information provided is accurate, complete and kept up-to-date.
6.1 Staywala.com will endeavour to reproduce accurately on the Site any photographs supplied by Partner. However, Guest/Customer acknowledges that deviations from original photos can occur when scanning non-digital images, due to individual screen settings and that Staywala.com shall have no responsibility or liability for any such deviation.
6.2 Further, you also acknowledge that Partners and not Staywala.com are responsible for the accuracy with which the photos and descriptions depict the relevant Property.
6.3 User verification on the Internet is difficult and we cannot, and do not assume any responsibility for the confirmation of each user's purported identity. We encourage Guest/Customers and Partners to communicate directly with each other, though even this does not assure you of the identity of the person with which you are communicating. We further encourage Guest/Customers to take other reasonable measures to assure yourself of the Partners identity and of the property and relevant details of your booking or proposed booking. You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed and that Staywala.com will have no liability to you in any such event.
6.4 You acknowledge that Staywala.com is not responsible for checking the identity, or for the behaviour, of Partners or for establishing the nature, condition or existence of a Property.
6.5 Staywala.com reserves the right to transfer these Guest/Customer T&Cs, and to assign or subcontract any or all of its rights and obligations under these Guest/Customer T&Cs, to a third party or to any other entity belonging to the Staywala.com Group, but will not do so in such a way as to reduce any guarantees you are given under these Guest/Customer T&Cs.
7.1 All content that appears on the Site is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
7.2 Guest/Customers are permitted to download, display or print individual pages of the Site to evidence any agreement with Staywala.com and to retain a copy of their bookings. The relevant file or the relevant printout must clearly bear the text “© Copyright 2018 Staywala.com - All Rights Reserved”.
7.3 Where a Guest/Customer submits to or transmits through the Site (or Staywala.com’s platform or systems) any content of any type, including text or images, the Guest/Customer undertakes that he/she has the legal rights to do so.
7.4 To the extent that Guest/Customers’ reviews or other content may contain trademarks or other proprietary names or marks, Guest/Customers undertake that they have the right to use such names or marks.
7.5 By submitting Content to the Site, the Guest/Customer grants Staywala.com Group, and the affiliated co-branded and/or linked website partners through whom we provide service or distribute listings (collectively, the “Staywala.com Affiliates), for the duration of the legal protection of rights in the Content, and progressively for the duration of the publication on the Site or other media, the rights in the Content for the Authorised Purposes as defined and set forth below. To the extent applicable and permitted by law, Guest/Customer waives moral rights or grants a non-exclusive, royalty-free, transferable, and irrevocable license to Staywala.com Group to use Guest/Customer’s moral rights in any Content. i) “Content” means all text, descriptions, reviews, photographs, images and any other content that the Guest/Customer submits to the Site. ii) “Rights granted” consist of the following: a non-exclusive, royalty-free, transferable, irrevocable license for the duration of the publication of Content on the Site or other media , to reproduce, translate, distribute, publish, publicly display and perform the Content world wide. iii) “Authorized Purposes” consist of displaying and performing the Content on the Site, on all websites and in any and all media now known or hereafter developed of Staywala.com, of all subsidiaries, related affiliated companies and affiliates of Staywala.com.
8.1 Guest/Customers must provide only accurate and truthful information concerning their identity, including country of residence, in their Accounts and profile pages, and any other communications on the Site, including reviews of Properties.
8.2 Messages sent via Staywala.com’s systems should only relate to genuine booking Enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Staywala.com’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. E-mails and Site recommendations transmitted via the “Recommend this Site” function should only be sent with the recipient’s consent.
8.3 Guest/Customers who have booked through the Site may post their reviews of Partners’ Properties (“Guest/Customer Reviews”) on the Site. The Partner is given the opportunity to view Guest/Customer Reviews, and to respond to them. Partners will also be given the opportunity to rate the Guest/Customer’s stay (“Partner Review(s)”) and that Partner Reviews will be made available to Partners who you make contact with. Partner Reviews cannot be used to exclude or discriminate against individuals. Once either the Guest/Customer or Partner submit a review, the other has 10 days to submit a review. In application of the webhosting status, Staywala.com shall remove the Content if it becomes aware or is notified that the Content is illegal. Further, Staywala.com may decline to post Contents or may remove any Content that Staywala.com finds don’t not comply with Content Guidelines. Staywala.com otherwise expressly disclaims any liability for any Guest/Customer or Partner Review, subject to its obligations pursuant to its webhosting status (for instance, deletion of content notified as being illegal). Guest/Customer acknowledges and agrees Staywala.com may make such Partner Review available to other Partners who the Guest/Customer contacts through the Site.
8.4 Please note that Staywala.com does not, and realistically does not have the ability to, verify the accuracy or otherwise of Guest/Customer Reviews, Partner Responses or Partner Reviews.
8.5 Staywala.com nevertheless requires all Guest/Customer Reviews, Partner Responses, Partner Reviews and other communications using Staywala.com’s systems to conform to the Content Guidelines, and may decline to post any of them that Staywala.com finds do not comply. Staywala.com will not edit or otherwise modify reviews on a Guest/Customer or Partner’s behalf. A Guest/Customer or Partner may contact Customer Service to remove their published review. Staywala.com will promptly notify the user of the reasons why the content has not been displayed or has been removed from the website and the user may send his comments to Staywala.com, if any.
8.6 Staywala.com does not generally conduct identity checks. If Guest/Customers suspect that the Partner has supplied false information, they are invited to notify Staywala.com through the Help page.
Guest/Customers are responsible for ensuring that their communications, and content posted, through or in connection with the Site, including Guest/Customer Reviews and communications with Partners, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything libellous, slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines. Staywala.com may review any data on the Site or Staywala.com’s platform or systems and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, Staywala.com shall be entitled immediately to remove from the Site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account, without prejudice to Staywala.com’s obligations in application of its webhosting status. The user will be promptly notified of the reasons why those measures have been taken and he may send any comments to Staywala.com.
11.1 If you wish to make a complaint or to send us any other message please contact Customer Service or send us email at email@example.com
11.2 Staywala.com.com, Inc. respects the intellectual property rights of others and expects Guest/Customers to do the same. Staywala.com has and enforces a policy of not permitting users to post any materials that infringe the copyrights of others, and under appropriate circumstances Staywala.com will terminate the account of subscribers and account holders who are repeat infringers. Repeat postings of infringing material are cause for termination of service.
12.1 The Site is merely a venue allowing you to view Properties listed on the Site, communicate with Partners in respect of any queries or questions you may have, or to make a booking with a Partner for the rental of a Property. We accept no liability in relation to any contract you enter into with a Partner or for any Property you book, except to the extent that we collect tax information and/or Stay taxes on the Partner’s behalf, nor do we accept liability for the acts or omissions of any Partners or other person(s) or party(ies) connected with the Property. For all Properties, your contract will be with the Partner and their terms and conditions will apply to your booking. These terms and conditions may limit and/or exclude their liability to you and you are advised to read them carefully before making a booking.
12.2 We do not provide liability insurance protection for Partners, property managers, or Guest/Customers; regardless of whether a user obtains insurance coverage through one of our third party providers. Guest/Customers are advised to obtain suitable travel insurance to cover their booking for the Property from a Partner, including in the event they have to cancel their booking. It is the Guest/Customer’s responsibility to ensure that the insurance it purchases is adequate and appropriate for the Guest/Customer’s particular needs.
12.3 As a consumer you have certain rights (including that, for services, we will provide them using reasonable care and skill). Nothing in these Guest/Customer T&Cs will affect your legal rights.
12.4 Staywala.com, as hosting provider, will be liable in the event of Staywala.com’s fault. Staywala.com is liable 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, 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 these terms were entered into, both we and you knew it might happen, for example if you discussed it with us.
12.5 Staywala.com will not be liable, in case of any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, notably including reasonable legal fees,(“Claims”), brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; (c) any breach by you of these Guest/Customer T&Cs; or (d) your use of the Property. Staywala.com will promptly provide notice to you of any such Claims. If you are dissatisfied with the Site (or the Staywala.com platform or systems) or you do not agree with any part of these Guest/Customer T&Cs, then your sole and exclusive remedy against Staywala.com is to discontinue using the Site. Nothing in these Guest/Customer T&Cs shall exclude or restrict Staywala.com Group’s liability for death or personal injury resulting from its negligence; nor for Staywala.com Group’s fraud or fraudulent misrepresentation.