By using the website or availing any services through the website of "Stay Somewhere Nice" you confirm that you have duly read, understood and accepted the terms and conditions contained herein and the same shall be fully binding on you.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR ACCOMMODATIONS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS. YOU UNDERSTAND AND AGREE THAT "STAY SOMEWHERE NICE" IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS "STAY SOMEWHERE NICE" A REAL ESTATE BROKER, AGENT OR INSURER. "STAY SOMEWHERE NICE" HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
"Stay Somewhere Nice Content" means all Content that "Stay Somewhere Nice" makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and "Stay Somewhere Nice" Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Guest" means a Member who requests a booking of an Accommodation via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation.
"Host" means a Member who creates a Listing via the Site, Application and Services.
"Listing" means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.
"Member" means a person who is including, but not limited to a Host or Guest.
"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
HOW THE SITE, APPLICATION AND SERVICES WORK
The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties ("Accommodations"). Such Accommodations are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create an "Stay Somewhere Nice" Account (defined below).
As stated above, "Stay Somewhere Nice" makes available a platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations. "Stay Somewhere Nice" is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and "Stay Somewhere Nice" does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services and "Stay Somewhere Nice"'s role is solely to facilitate the availability of the Site, Application and Services. Similarly, "Stay Somewhere Nice" is not a contracting agent or representative of any Host. Instead, "Stay Somewhere Nice"'s role is solely to facilitate the availability of the Site, Application and Services for Members and to provide services related thereto.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF ACCOMMODATIONS. "STAY SOMEWHERE NICE" CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. "STAY SOMEWHERE NICE" IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST'S OWN RISK.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodation, the price for such booking may not be altered.
You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Guest stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that "Stay Somewhere Nice" assumes no responsibility for a Host's compliance with any applicable laws, rules and regulations.
You understand and agree that "Stay Somewhere Nice" does not act as an insurer or as a contracting agent for, or representative of, you as a Host, and if a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and "Stay Somewhere Nice" is not a party thereto. Please note that "Stay Somewhere Nice" reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that "Stay Somewhere Nice", in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "Hosting" section of the Site, Application and Services.
If you are a Host, "Stay Somewhere Nice" makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)
"Stay Somewhere Nice" recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.
"Stay Somewhere Nice" does not endorse any Members or any Accommodations. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member's purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from "Stay Somewhere Nice" with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
RULES FOR ROOM USAGE
Room rates are per 1 adult per night. Maximum of two children below the age of 5 years shall be allowed in the Homestay room without any additional charge, if extra bed is not required. One child of the age of 5 years or more would be allowed without any additional charge if extra bed is not required. For children of 12 years and above there will be requirement of extra bed and extra charges. In any case, there cannot be more than two children to be accommodated in a room.
BOOKINGS AND FINANCIAL TERMS
Bookings and Financial Terms for Hosts
If you are a Host and a booking is requested for your Accommodation via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by "Stay Somewhere Nice" in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the email id and mobile number of the Guest who has requested the booking, (ii) a link to the Guest's "Stay Somewhere Nice" order id, , so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an Accommodation within such 24 hour period, any amounts collected by "Stay Somewhere Nice" for the requested booking will be refunded to the applicable Guest's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, "Stay Somewhere Nice" will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
The fees displayed in each Listing are comprised of the all Fees including applicable Taxes. The Fees is also referred to in these Terms as the "Total Fees". The amounts due and payable by a Guest solely relating to a Host's Accommodation are the "Total Fees". Please note that it is the Host and not "Stay Somewhere Nice" which determines the "Total Fees". "Stay Somewhere Nice" will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within 24 hours of the booking request) and will remit the "Total Fees" (less "Stay Somewhere Nice's" third party payment gateway fees, and any differences due to applicable exchange rates at the time of remittance) to the Host within 24 hours of when the Guest arrives at the applicable Accommodation.
Please note that "Stay Somewhere Nice" collects a one time, refundable, security deposit from the Hosts for the creation of every room in Listing and does not collect any other charges whatsoever per booking. However, you acknowledge and agree that "Stay Somewhere Nice" reserves the right, in its sole discretion, to change the fees policy for the creation of Listings. Please note that "Stay Somewhere Nice" will provide notice of any change in Listing fee collection policy via the Site, Application and Services, prior to implementing a different Listing fee feature.
Bookings and Financial Terms for Guests
The Hosts, not "Stay Somewhere Nice", are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not "Stay Somewhere Nice", will be responsible for performing the obligations of any such agreements, and "Stay Somewhere Nice" is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
Listings for Accommodations will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by "Stay Somewhere Nice" in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by "Stay Somewhere Nice" will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest's credit card will be released, if applicable.
You agree to pay "Stay Somewhere Nice" for the Total Fees for any booking requested in connection with your "Stay Somewhere Nice" Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host's confirmation of your requested booking, you understand and agree that "Stay Somewhere Nice" reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once "Stay Somewhere Nice" receives confirmation of your booking from the applicable Host, "Stay Somewhere Nice" will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that "Stay Somewhere Nice" cannot control any fees that may be charged to a Guest by his or her bank related to "Stay Somewhere Nice"'s collection of the Total Fees, and "Stay Somewhere Nice" disclaims all liability in this regard.
Please refer to our cancellation policy.
Your confirmed reservations shall be valid until 6 PM of the arrival date or until any specific time of the day if stipulated by you at the time of reservation, whichever is later. Therefore, If you do not cancel your reservation, your failure to arrive (no-show) by the agreed check-in date and/or by the above time the same will result in the cancellation of your entire reservation and there will be no refund of whatsoever nature.
If have made any payment through your credit card or debit card and your reservation and the said reservation gets cancelled for the above reasons or in a situation where you are entitled to receive refund in the above manner due to your canceling the reservation, you shall not be entitled to make any charge back claim or any other claim in respect of the credit card / debit card facility / payment mode used by you for the reservation, with the credit card issuer or acquiring bank. In addition, if you are entitled to any refund on your cancellation and if you have used your credit card / debit card for such reservation, the amount of refund, if any, would be credited back to your same credit card / debit card account. You shall not use credit card of any third party for your booking Homestay rooms through this Website, unless such credit card / debit card belongs to any of your close relative and you have express authority to use the said credit card / debit card.
SPECIFIC TERMS AND CONDITIONS
AGREEMENT BETWEEN CUSTOMER AND "STAY SOMEWHERE NICE"
The facilities through this Web site are offered to you strictly on the condition of your total acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your full acceptance and agreement to all such terms, conditions, rules and disclaimers. You are therefore requested to read the terms, conditions, rules and disclaimers contained in the Website first, before availing the facility of the Website or services through the Website.
AGE AND RESPONSIBILITY
To use this website and avail any services therein you must have attained the age of majority and shall have the necessary competence to enter into a contract, i.e., you are not otherwise disqualified to enter into a contract. You are fully aware that any use of the facilities of the Website, either financial or other contractual obligations on your part, which you must be competent to discharge and comply with.
SITE AND ITS CONTENTS
This website is only for your personal use as well as for non-commercial purposes. You shall not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
As long as you comply with the terms of these Terms and Conditions of Use, "Stay Somewhere Nice" grants you a non-exclusive, non-transferable, limited right to enter, view and use this website. You agree not to interrupt or attempt to interrupt the operation of this website in any way.
Access to certain areas of the website may only be available to registered members of "Stay Somewhere Nice". To become a registered member, you may be required to answer certain questions. Answers to such questions may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.
The content and information on this Web site (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to "Stay Somewhere Nice" or its suppliers and providers. Accordingly, as a condition of using this Web site, you agree not to use this Web site or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this Web site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Web site. In addition, whether or not you have a commercial purpose, you agree not to:
* Access, monitor or copy any content or information of this Web site using any robot, spider, scraper or other automated means or any manual process for any purpose
* Deep-link to any portion of this Web site for any purpose.
You confirm and warrant that you shall not use this Website including any contents therein for any purpose which is unlawful or prohibited by law or which is unethical.
You fully understand and confirm that agree that "Stay Somewhere Nice" is not responsible or liable in any way for injury, Loss or damage to your computer or interception or use of credit card information or other personally identifiable information or other personally identifiable information,related to or resulting from use of the site or any sites linked or associated with this site.
"Stay Somewhere Nice" makes no warranty or representation regrarding of confidentiality of any communication or information transmitted on this site or any web site linked to this site. You agree that "Stay Somewhere Nice" is neither responsible for the confidentiality of any information that you provide while availing services through this website, Including information pertaining to your credit card, Residential address,Mobile address,Mobile number,Landline number, etc., Nor any damages that may arise from disclosure of such information.
For the purpose of compiling its own data bank you hereby consent that the personal details provided by you in the website may be used by "Stay Somewhere Nice".
CHANGE OF WEBSITE TERMS AND CONDITIONS
"Stay Somewhere Nice" may add to, change or remove any part of these Terms and Conditions of Use at any time, without any notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. "Stay Somewhere Nice" cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. "Stay Somewhere Nice" does not issue any VAT invoice to any Members.
As part of the Services, "Stay Somewhere Nice" provides a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Guest) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Host. The currency in which you will be charged will be determined by "Stay Somewhere Nice" based on the payment method you select and the location of the Accommodation in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Host to receive payment, "Stay Somewhere Nice" will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that "Stay Somewhere Nice" has uploaded to the Site as of the date and time that your booking is confirmed (the "Applicable Exchange Rate"). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i)although "Stay Somewhere Nice" updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, "Stay Somewhere Nice" will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date "Stay Somewhere Nice" makes payment to a Host.
DAMAGE TO ACCOMMODATIONS
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation. In the event that a Host 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. After being notified of the claim and given forty eight (48) hours to respond, the process to collect the payment from you and pursue any avenues available to "Stay Somewhere Nice" in this regard will be carried out, in situations in which you have been determined, in "Stay Somewhere Nice"'s sole discretion, to have damaged any Accommodation, and in relation to any payments made by "Stay Somewhere Nice" to Hosts. 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 to the Accommodation to the applicable Host or to "Stay Somewhere Nice" (if applicable).
Both Guests and Hosts agree to cooperate with and assist "Stay Somewhere Nice" in good faith, and to provide "Stay Somewhere Nice" with such information and take such actions as may be reasonably requested by "Stay Somewhere Nice", in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by "Stay Somewhere Nice" or a representative of "Stay Somewhere Nice" regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon "Stay Somewhere Nice"'s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by "Stay Somewhere Nice" or a third party selected by "Stay Somewhere Nice", with respect to losses for which the Host is requesting payment from "Stay Somewhere Nice".
This agreement is construed, interpreted and governed in accordance with laws of Union of India. All disputes arising out of the use of this website shall be settled through arbitration under Indian Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by "Stay Somewhere Nice". Courts at Bangalore, India alone shall have exclusive competent jurisdiction. If you are contemplating to use this website from a jurisdiction which does not recognize or give effect to the terms and conditions of this Website, including the provisions of this clause, you are agree that you shall not use the Website.
If any part of this agreement is held to be invalid or unenforceable pursuant to applicable law being Indian laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the customer and "Stay Somewhere Nice" with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and "Stay Somewhere Nice" with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You warrant and confirm that you are at least 18 years of age and is not otherwise disqualified or incompetent to enter into any contract on your own. Your further confirm that you possess the legal authority and competent to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this Web site by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this Web site are true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services reservation facilities of this Web site may result in you being denied access to such facilities.
You understand that any violation of any conditions of purchase may result in cancellation of your reservation(s), in your being denied access to any Homestay rooms, in your forfeiting any monies paid for such reservation(s), and in "Stay Somewhere Nice" debiting your account for any costs "Stay Somewhere Nice" incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site as well as all your acts and deeds including the acts and deeds of your companions, while being at Homestay.
COPYRIGHT AND TRADEMARK
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of "Stay Somewhere Nice" or its content suppliers and protected by Indian and International copyright laws. Certain words and logos contained in the Website are subject matter of trademark registration and protected accordingly. All software used on this site is the property of "Stay Somewhere Nice" or its software suppliers and protected by applicable copyright laws.
THIRD PARTY PRODUCTS AND SERVICES
This Website may provide links to third party websites or facility to avail / purchase goods and services from third parties. All such use of third party websites or purchase of goods and services shall be at your sole costs and risks. "Stay Somewhere Nice" does not assume any responsibility in this regard and does not provide any warranty in respect of such third party websites or warranty in respect of the goods and services provided by such third parties.
At the time of booking your reservation through this Website, "Stay Somewhere Nice" charges applicable taxes and levies as on the date of the booking. You agree that if there is any subsequent change in the rate of taxes or levies or if there is any imposition of new tax or levy at the time when you actually occupy the Homestay room, you shall be responsible and liable for such additional levies, taxes and enhancements
You agree to indemnify and hold "Stay Somewhere Nice", its subsidiaries, affiliates, owners, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the website.