1. Acceptance of Terms
1.1 By accessing our Site and/or using our Service as a potential Guest or Host, You agree to be bound by these Terms, which You acknowledge to have read and understood.
1.2 We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms on a regular basis to keep yourself informed of any changes.
1.3 By using this Site, You agree that the posting of new or revised Terms on the Site shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the Site shall constitute Your consent to such changes.
2. Our role
2.1 You understand and agree that you are bound by the Terms of Service concerning Your use of the Site and/or Service (as those terms are defined in the Terms of Service). Guests and Hosts are advised to read carefully the Terms of Service. For the purposes of these Terms, we refer you in particular to Sections -Terms particular to Hosts, and Terms particular to Guests of the Terms of Service which You are required to acknowledge and accept. In addition, as further stated in Section 2 of the Terms of Service and in the next paragraphs below, please note that the Site is merely a platform that enables Hosts to create listings of their properties available for rental transactions and for Users to find out about such listed properties and for Guests and Hosts to connect and conclude rental transactions, and consequently GOSTAYSPAIN is not itself a party to any rental transaction and disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law.
2.2 You acknowledge and accept that We do not consider that we act as a travel agent generally in relation to the provision of our Service or in respect of Your actual rental transactions concluded with Hosts as We are not a party to such actual rental transactions and We do not buy-in, re-sell or provide accommodation or other travel services in our own name as mentioned further below and in the Terms of Service . However, if, as a matter of law or in the opinion of any tax or other authority in any jurisdiction GOSTAY is or could be considered a travel agent in any jurisdiction in respect of taking part in, or providing a Service consisting of the intermediation in, the provision of accommodation by Hosts to Guests pursuant to a booking on our Site, You acknowledge and accept that in those circumstances and for the purposes of these Terms and rental transactions concluded between Guests and Hosts, GOSTAY:
(i) acts as the Host’s disclosed agent or intermediary in the name of and on behalf of Hosts who have listed their properties on our Site, and not in any way in its own name, and such services supplied, acting in that capacity, in taking part in, or consisting of the intermediation in, the provision of a Host’s accommodation listed on our Site and/or in facilitating the conclusion of such rental transactions are supplied to Hosts; and
(ii) that GOSTAY is not and cannot be a Host. Any necessary modifications may be made to these Terms and the Terms of Service as a consequence of this provision or part thereof applying.
2.4 We assume no liability in respect of the condition of any listed property on our Site. As noted in the Terms of Service, GOSTAY does not make any recommendations or endorsements of listed properties or Users of the Site. We cannot and have no control over the conduct of Hosts, Guests and other Users of the Site and Service or the content contained in any listings on our Site or the condition or suitability of any listings and listed properties.GOSTAY cannot accept any liability arising from the listing and provision by Hosts of any accommodation or holiday rental space offered by Hosts and/or listed on our Site and/or for errors or omissions in the Host’s descriptions and any bookings will be made at a Guest’s own risk.
3.1 Guests can offer to make a booking through the Site by following the processes for making a booking request set out on the Site and clicking on the appropriate confirmation button or booking link (via Your Account or email). It is important that Guests check the information entered and correct any errors before making a booking request since once You click on such button or link, input errors cannot be corrected. If at any time prior to clicking on the appropriate confirmation button or link, You (the Guest) decide that You do not wish to proceed with Your booking request, You should close the application window.
3.2 Once Your booking request has been made, We will then notify the concerned Host by email and in their Account to accept or reject the booking request. Hosts are required to either confirm or reject Your booking request within 36 hours of that request, after which the booking request shall automatically expire. If the booking request is subsequently accepted by the Host through our Site, You will receive an automated email confirming the Host’s booking confirmation and the Host’s relevant contact details, and Your relevant contact details will also be forwarded to the Host. The payment process described under Section 4 below will also apply upon receipt of a booking confirmation.
3.3 Once such contact details have been provided, all communication for example, concerning details and information about the booking and rental transaction, including, without limitation, arrival times and handling of keys, should be direct between You and the Host through our Site as facilitated by our Service where required/applicable.
3.4 You will be able to access details of Your booking confirmation through Your Account.
3.5 Upon receipt of a booking confirmation, Guests enter into a direct contract with the concerned Host. Hosts are not obliged to make any property available until a booking confirmation has been sent by the Host via the Site to Guests and a Guest is not guaranteed a booking with a Host until payment has been made by the Guest subject to these Terms. However, upon issuing a booking confirmation, Hosts shall be responsible for providing the accommodation referred to in the booking confirmation.
3.6 If a Guest requests a booking, they will be responsible and liable to pay the relevant Host in full the rental rate due for such booking if accepted by the Host subject, in each case, to these Terms and any other terms and conditions specific to the booking as agreed between a Guest and their Host. In order to secure collection of such payment, Guests will be asked during the booking process to provide payment card information and billing address. If Your booking request is accepted by the Host for the dates set out in Your request, the payment process described under Section 4 will apply.
3.7 As a Guest, if You cancel Your booking, the provisions and refund levels of Section 5 below will apply. Please note that no refunds will be provided after the last deadline set out in the cancellation policy selected by the concerned Host. Furthermore, our Fees and Charges (as defined below) are non-refundable.
3.8 Any monies collected and received by GOSTAY from Guests for bookings made on the Site shall be held by GOSTAY subject to a conditional obligation to transfer or account for such monies to Hosts less our Fees and Charges.
4.1 Should You decide to book a stay with a Host and the rental transaction is concluded with such Host via the Site, You, as a Guest, acknowledge and agree that You shall be required to pay an amount equal to the fees displayed in the Host’s listing on our Site and confirmed in each booking confirmation as agreed with a Host. The fees displayed in a Host’s listing have three components: (1) the rental rate and any additional charges (included at the Host’s discretion) as solely determined and set by the Host (and not Gostay) in respect of the rental transaction, plus any applicable taxes and VAT, (“Host Fee”) –please see below for information on any additional charges (for example, cleaning fees) that a Host may have decided to charge and collect separately from the Host Fee; (2) a service charge, chargeable and disclosed to Hosts by GOSTAY based upon a percentage (typically between 10 % and 15 %) of the Host Fee, in consideration of supplying our Service to Hosts to the extent that such supplies enable such Hosts to connect and conclude transactions with Guests and which shall be added by way of a mark up on top of the Host Fee; and (3) an administrative fee of 3% of the Host Fee and service fee, which fee shall be chargeable to a Guest and shall also be added to the Host Fee as payment to GOSTAY for processing Guests’ payment for bookings and various internal procedures linked to handling Guests’ forms of payment (the items at (2) and (3) collectively being GOSTAY’s “Charges”). Our Charges and Fees are non-refundable and exclusive of any applicable Taxes and VAT which may be charged in addition thereon, and shall be added to the Host Fee to calculate the total amount payable by the Guest for the stay.
4.2 GOSTAY shall collect a payment from You equal to the Host Fee and our Fees through the Site immediately when the Host accepts Your booking and a booking confirmation is sent to You by the Host which, as a Guest, You agree to pay for any booking You have requested that is so accepted by the Host. As noted above, Hosts are required to either accept or reject Your booking within 36 hours of Your booking request.
4.3 Hosts set the currency in which they require payment. For Guests’ convenience, the Site can display prices in pounds sterling or euros. Such converted prices are for information only and Guests payment cards will be debited in the currency set by the relevant Host and GOSTAY disclaims all or any liability in respect of any additional charges that may be charged to a Guest by his or her bank related to Our collection of the payment in the currency set by the relevant Host.
4.4 As referred to in the Terms of Service, GOSTAY shall generally initiate the payment, less our Fees, to the Host in the currency set by the Host within two business days (being days where banks are open ) of the planned date of the Guest’s check-in at the rental property, subject to any other arrangement as may be agreed between a Host and GOSTAY.
4.5 As a Guest, You hereby authorise and agree that GOSTAY shall debit (whether directly or indirectly via a third party payment processor, subject to that third party’s terms and conditions) Your payment card of the amount of the Host Fee plus our Charges upon confirmation of Your booking by the Host. You also agree to pay any other charges agreed with the Host before the booking confirmation that weren’t included in the payment when You arrive at the property or as otherwise agreed with the Host. You will receive a further notification email for receipt of the payment.
4.6 The payment shall be taken by a debit of the Host Fee plus our Charges/Fees from one of the acceptable payment methods listed on the Site, which may include debit and credit card (MasterCard, Visa, or American Express ) and such payment shall be taken in the currency set by the Host. Payments by cash or cheque are not accepted, and accordingly GOSTAY cannot be held liable for any loss of cash or cheques. You will also be asked to provide customary billing information such as name, billing address and payment information. As a Guest, You agree to pay all fees and charges contained in the Host’s booking confirmation as accessed through Your Account, irrespective of whether the Service was accessed by You or by a third party using Your Account. It is Your responsibility to take all measures that are necessary to ensure that Your password remains secret and to prevent the use or misuse of such password by any unauthorised person. You shall notify GOSTAY promptly if You discover or suspect that Your password has become accessible to or has been misused by any unauthorised third party, so that We can block Your account.
4.7 In some circumstances, and in addition to the billing and payment information You provide under paragraph 4.6 above, We or the Host may require You to produce some proof of Your identity. This can be requested at the time of booking, during payment processing or at any other time thereafter (including after You have started Your stay). We reserve the right to cancel Your booking if You do not provide such proof of identity when requested.
5. Changes and cancellations by Guests
5.1 If Guests want to change their booking, such Guests will need to contact and communicate with their Host directly on such changes. Guests should note however that as they have previously agreed and accepted terms with the Host in respect of the booking, the Host is entitled to, and may therefore, charge Guests additional charges for such changes.
5.3 Cancellation policies protect both Hosts and Guests in the event of cancellations. The Host’s selected policy will be displayed in the booking summary page and the booking confirmation email. Guests are advised to carefully read these Terms, the booking summary page and the booking confirmation, particularly in relation to the cancellation policy selected by the Host.The refunds that Guests will receive are determined by the cancellation policy the Host has chosen. Hosts receive the amount they have specified.
What are the cancellation policies?
- Relaxed: Bookings cancelled up to one week before arrival date will receive a 85% refund ( our admin costs/ fees are deducted and are non-refundable).So if a Guest cancels less than one week before arrival the Host will be paid their rental fee.
- Moderate: Bookings cancelled up to 2 weeks before their arrival date will receive a 85% refund (our admin costs/ fees are deducted and are non-refundable) So if a Guest cancels less than 2 weeks before arrival the Host will be paid their rental fee.
- Firm: Bookings cancelled up to 4 weeks before their arrival date will receive a 85% refund( our admin costs / fees are deducted and are non-refundable). So if a Guest cancels less than 4 weeks before arrival the Host will be paid their rental fee.
6. Cancellations by Hosts
6.1 Hosts should not cancel bookings as Hosts enter into a binding contract with Guests to supply the requested accommodation when they confirm a booking. If a Host has no choice but to cancel, they must contact GOSTAY as soon as possible and the Host Cancellation Policy will apply. Hosts should ensure they are familiar with the Host Cancellation Policy as it will apply to all and any cancellation initiated by the Host and carries consequences for the Host and their listings and accounts.
6.2 We will assist the Guest by attempting to arrange suitable alternative accommodation including, for example, by putting the Guest in contact with another Host and/or by providing details of alternative listings, but in each and every case, We make no undertaking and shall not be under any obligation in such respect. As a Guest, You acknowledge and agree that your payment (or applicable part thereof) shall be applied in relation to any confirmed alternative booking request/accommodation, in accordance with these Terms. In the event no such alternative accommodation is or can be located and/or You do not accept the suitable alternative listed property offered by the Host or by a new Host, Your payment will be refunded to You but no further payments or refunds will be made.
7. Cancellations by GoStay
A stated above and in the Terms of Service, We reserve the right to cancel any booking at any time for security, fraud-protection purposes, pursuant to the Host Cancellation Policy, or any other reasonable purpose. In such cases the cancellation policies will not apply, hosts will receive no payment for the cancelled booking and where appropriate, a full refund will be made to the card used for the booking.
8. Additional fees, charges and bills for food/drink consumed
The Host may set additional charges in the form of a deposit or otherwise (for example, cleaning fees, security deposit and late checkout fees) that are due from Guests which are not included or factored in the Host Fee and which may be agreed by the Host by separate arrangement or as expressly stated in the booking summary page and charged directly by a Host. Payment of such charges (for example upon arrival or check-out) must be made by You direct to the Host in accordance with the terms You agreed with the Host. As noted in the Terms of Service, GOSTAY shall not be responsible for administering or accepting a Host’s requests or claims related to such additional charges or payments and disclaims any liability in this respect.
9. Our Responsibility and Liability to Your Complaints
Our Liability to Guests
If You have a problem during your stay, please inform the Host immediately. Since Your booking is a contract direct between You and the Host, the Host will have sole discretion in deciding how to deal with Your complaint. As a Guest, You will also be asked and entitled to leave a review about the listed property on our Site. You will however be solely responsible to resolve any dispute arising out of or related to the stay directly with the Host. Any refunds beyond the cancellation policies set out in Section 5 above will be at the Host’s discretion. We only accept responsibility for any injury, illness or death, if caused by our own negligence and liability in respect of statutory rights that You may have against Us as a consumer that cannot be excluded or limited by law. Any claims arising out of Your stay in a Host’s accommodation must be brought against the Host. To the fullest extent permitted by law, We exclude all representations and warranties relating to the rental property that is the subject of Your booking with a Host.
Our Liability to Hosts
We only accept responsibility for any injury, illness or death, if caused by our own negligence and liability in respect of statutory rights that You may have against Us and that cannot be excluded or limited by law. Any claims arising out of the Guest staying in Your property must be made against the Guest.
Exclusions and limitations
We cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government. We reserve the right to cancel any booking affected by such circumstances.
Our aggregate liability to Guests and Hosts under or in relation to these Terms and/or any bookings made through the Site is limited to a maximum of three times the value of the booking in question. This limit does not apply to cases involving death or personal injury caused by our negligence. To the extent permitted by law, We hereby exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) any liability for any direct, indirect or consequential loss or damage incurred by any Host or Guest in connection with any booking including loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable law
10. Behaviour of Guests
10.1 As a Guest, You accept responsibility for the proper conduct of all members of Your party during Your stay at a Host’s listed property. We shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) that You may incur as a result of Your stay being terminated early by the Host because of Your behaviour or the behaviour of members of Your party.
10.2 If You cause damage to a Host’s accommodation in which You are staying, You must fully reimburse the Host concerned for the cost of the damage. You must also indemnify Us for the full amount of any claim made against Us by the Host or any third party as a result.
If any provision or part of a provision, of these Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part-provision will be struck out of these Terms and the remainder of these Terms will apply as if the offending provision or part-provision had never been agreed.
You may not transfer any of Your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without Your prior written consent.
13. Applicable Law and Jurisdiction
13.1 These Terms and all matters arising out of or relating to these Terms (including non-contractual disputes or claims) shall be interpreted in accordance with and governed by the laws of Gibraltar to the extent that such law is not overridden by applicable mandatory law, for example local consumer protection laws applying to You.