TERMS OF SERVICE
www.gostayspain.com website (the "Site") is owned by Fabworld Ltd. Company Number 111417 with Registered office at 34 Devil's Tower Rd. Gibraltar (hereafter referred to as GOSTAY also GOSTAYSPAIN "we", "us", or "our”) as a service to our users and visitors. GOSTAY provides an online platform that connects hosts who have accommodations to rent with guests seeking to rent such accommodations (collectively, the “Services”), which Services are accessible at www.gostayspain.com. By using the Site , you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site. Our service consists of an online platform for Hosts and Guests (as those terms are defined below) to meet online, together with a collection of online resources and information, for facilitating or arranging the listing by Hosts of, and booking by Guests of, stays in travel accommodations to be provided by Hosts to Guests, and the provision, from time to time, of various email or messaging services, online tools and features for the purposes of enabling users of our Site to connect and directly conclude rental transactions in relation to such accommodations (collectively our "Service"), accessible on www.gostayspain.com.
1. Acceptance of terms
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 including the Booking 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.
1.4 Unless otherwise agreed or specified, GOSTAY does not charge Users any fee for accessing the Site as a User or listing a property on the Site. However, in the event a rental transaction is concluded between Guests and Hosts as a result of the use of our Site ,GOSTAY does charge fees as further described in these Terms and the Booking Terms.
You understand and agree that the Site merely is a platform that enables You and other Users (i.e. Hosts and Guests) to connect and conclude rental transactions in respect of properties listed on the Site and, consequently that GOSTAY 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. GOSTAYS ’S role is solely to facilitate the availability of the Site and Services for Users and to provide certain services related thereto. We do not purchase, buy-in, own, sell, provide, furnish, rent, sublet, control or manage nor can We contract in our own name for the provision of any holiday rental property listed on the Site nor other properties including, but not limited to, hotel rooms, nor any related transportation or travel services. We are not supplying and cannot supply such accommodation or services to Guests. The Site acts as a platform to allow registered Hosts to themselves offer and supply to Guests for rent a specific holiday rental space. Hosts may be either owners of any such holiday rental space or are persons, including professional property managers) who are duly authorised to arrange or enter into rental transactions of such properties direct with Guests. We are therefore not a party to the actual rental transaction between Hosts and Guests and are not a contracting agent or representative of any Host. Rental transactions are only binding among the concerned Hosts and Guests, who are both solely and entirely responsible for their performance and GOSTAY disclaims all liability arising from or in connection with such transactions. We encourage Users to communicate directly with one another regarding any bookings or listings made via the Site. GOSTAY does not make any recommendations or endorsements of listed properties or Users of the Site and We assume no liability in respect of the condition of any listed property on our Site. Please refer the Booking Terms for more information regarding our role and liability.
3. 1 The Site is intended solely for persons who are 18 or older. Any access to or use of the Site by anyone under 18 is expressly prohibited. By accessing or using the Site, you represent and warrant that you are 18 or older.
3.2 To register for a User account (an “Account”), go to the Site and provide the requested information. By registering, You represent and warrant that: (a) You are eligible for an Account as set out in these Terms; and (b) the information You include as part of the registration process and thereafter is accurate and not misleading.
3.3 The Site 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; however, if you wish to book an Accommodation or create a Listing, you must first register to create a GOSTAY Account (defined below).
As stated above, GOSTAY makes available a platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations .GOSTAY is not an owner or operator of properties, including, but not limited to, hotel rooms, private rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, private rooms, other lodgings or Accommodations and GOSTAY does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, private rooms, other lodgings or Accommodations or transportation or travel services. GOSTAY’s responsibilities are limited to: (i) facilitating the availability of the Site and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
GOSTAY cannot and does not control the content contained in any listings and the condition, legality or suitability of any accommodations. GOSTAY 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
3.4 Upon obtaining an Account, You shall have access to the Service and the functionality that We may establish and maintain from time to time and in our sole discretion. We may add, delete or change some or all of the Service provided for free as part of the Account at any time. You will be notified of any charges and given the option to continue use or to terminate Your Account. You are responsible for paying all applicable taxes and for all hardware, software, service and any other costs that You incur to access Your Account. You may not transfer or share Your Account with anyone.
3.6 You agree to allow GOSTAY to contact You on Your email address or phone number with personal communications related to your account, including but not limited to requests for booking, booking confirmation, notices and updates. You will be able to opt out of any future commercial communication at your convenience.
4. Account registration and restrictions
4.1 Account Registration
In order to access certain features of the Site, and to book an Accommodation or create a Listing, you must register to create an account (“Gostay Account”) and become a Member.
We will create your GOSTAY Account and your GOSTAY Account profile page for your use of the Site and Application based upon the personal information you provide to us . You may not have more than one (1) active GOSTAY Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. GOSTAY reserves the right to suspend or terminate your GOSTAY Account and your access to the Sites if you create more than one (1) GOSTAY Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your GOSTAY Account, whether or not you have authorized such activities or actions. You will immediately notify GOSTAY of any unauthorized use of your GOSTAY Account.
4.2 You agree to use Your Account for Your personal use only, and not to redistribute any of the content on this Website. You agree to comply with all applicable laws regarding use or access of Your Account. Any use of an Account to post (a) false, outdated, misleading information; (b) information that in our sole discretion is inappropriate to our Users (including, but not limited to obscene, libellous, slanderous or similarly inappropriate postings) or (c) information in breach of the policies published on the Site are grounds for immediate termination of an Account.
4.3 You may not distribute unsolicited commercial messages (“spam”) through Your Account or take any other action that imposes an unreasonable or disproportionately large load on our infrastructure. At our option and without further notice,We (or our suppliers) may use anti-spam technologies that may terminate Your messages without delivering them or prevent messages from reaching You. We expect all of our Users to conduct themselves in a courteous, professional manner at all times. Personal attacks, “flaming”, defaming, and other forms of discourteous and unprofessional online conduct are grounds for the immediate suspension or termination of the offending user’s Account, in our sole discretion.
5. Property Listings and Content
5.1 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, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site. Other Members will be able to book your Accommodation via the Site, 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.
5.2 You acknowledge and agree that you are 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 GOSTAY assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations. GOSTAY reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that GOSTAY, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site.
5.3 You understand and agree that GOSTAY does not act as an insurer or as a contracting agent for you as a Host. 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 GOSTAY is not a party thereto. Notwithstanding the foregoing, GOSTAY serves as the limited authorized agent of the Host for the purpose of accepting payments from Guests on behalf of the Host and is responsible for transmitting such payments to the Host.
5.4 You understand and agree that all reviews, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the User from whom such Content originates.
5.5 The Site provides unfiltered access to Content. You understand and agree that the Site only acts as a platform and that We disclaim all liability related to Content posted on the Site, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. We cannot, nor do We undertake any obligation to, control the Content that is posted. By its very nature, the information on the Site is changed frequently, may be inaccurate and in some cases may be mislabelled or deceptively labelled. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor do We undertake to verify, update or correct such information. We recommend that You confirm all information You obtain from the Site as accurate and complete and up to date. We also do not make any representation or warranty, express or implied, regarding any posting or requests by Users. You agree that any agreement between You and such individual or organisation shall be solely on the terms negotiated and agreed by You and Your counterparty and shall be done at Your own risk.
5.6 GOSTAY grants Users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise holiday rental properties and/or research, view or make legitimate inquiries to Users regarding their interest in particular holiday rental properties for their personal use, all in accordance with these Terms.
5.7 Any other use of the Site is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
5.8 Although GOSTAY does not own nor control any of the Content that You post, You agree that, by posting Content on the Site, You automatically grant Us, and You represent and warrant that You have the right to grant GOSTAY, an irrevocable, perpetual, non exclusive, fully paid, worldwide licence to use, copy, perform, display, adapt, modify, distribute, to have distributed and promoted said Content, and to grant and authorise sublicences of the foregoing. Furthermore, by posting Content on the Site, You automatically grant GOSTAY all rights necessary to prohibit any subsequent aggregation, display, copying or exploitation of Content on the Site by any party for any purpose.
5.9 You are solely responsible for Content or any other information You provide, distribute, post, include, link to, or otherwise upload to the Site (“Your Content”), and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your Content. We reserve the right (but not the obligation) to take any action with respect to Your Content if we believe that it may create liability for Us or may cause Us to lose the services of our ISPs or other suppliers. You represent and warrant that Your Content and any content You request to receive (directly or indirectly): (a) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (b) shall not violate any law or regulation; (c) shall not be defamatory or libellous; (d) shall not be obscene or contain child pornography; (e) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
5.10 You understand and agree that GOSTAY has no obligation to post any Content from You or anyone else. In addition, We may, at our sole discretion, edit, remove or delete any Content that You post or submit. In particular, We reserve the right to determine the final design, layout and functionality of our Site, which may involve the review, formatting and editing of such Content. In case You intentionally or negligently cause any loss or damage to GOSTAY because of the design or positioning of such Content you are liable towards GOSTAY You understand and agree to release GOSTAY from any liability for any loss or damage resulting from the design or positioning of such Content, unless such loss or damage resulted from GOSTAY’s willful misconduct or negligence.
6.1 You warrant, represent and undertake that all and any listings You place on Our Site relate to available accommodation at an existing property and that You have all necessary rights and permissions, including without limitation, planning permission, or, if You are not the owner of such property, the express authorisation from the owner, to deal with the property, including creating listings related to it and offering it for holiday rentals.
6.2 In accordance with these Terms, if, as a Host, you add a property as available for rental on our Site, Your Use of the Site is a means of enabling You to connect or be introduced to Users who may become Guests for the purposes of concluding a rental transaction with You. Our Service to You as a Host shall include supporting and assisting you in listing, marketing, promoting and advertising Your property on our Site. However, as noted above, We cannot and do not in any way act as a contracting agent or representative for You as a Host, nor as a broker or insurer in each case, in relation to Your rental transactions which You conclude with Guests via the Site, but we can and shall act as your disclosed agent or intermediary in Your name and on your behalf in relation to handling or managing payment collection processes involving advanced payment and cancellation transactions with Guests, which processes are governed by the Booking Terms. Our Service to You as a Host in relation to the provision of information and email or messaging services shall also include assisting You in respect of communications with Guests through the Site, for example, in receiving, notifying and forwarding to You any booking requests or enquiries made through the Site by a Guest and in receiving and handling cancellation requests from Guests.
6.3 You acknowledge and accept that We do not consider that we act as a travel agent generally in relation to the provision of our Site and/or our Service or in respect of Your actual rental transactions concluded with Guests 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 . 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 respect of taking part in, or providing Services 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 You have concluded with Guests, the Service supplied by us in taking part in the provision of accommodation listed on our Site and/or in facilitating or providing intermediation in the conclusion of such rental transactions, shall be supplied to You as Host, acting as Your disclosed agent or intermediary in Your name and on your behalf and not in any way in our own name, as We shall not and cannot be a Host. Any necessary modifications may be made to these Terms as a consequence of this provision or part thereof applying.
6.4 You agree that in the event You conclude a rental transaction with a Guest as a result of using our Site and Service, then, in consideration of providing our Services, including support, payment facilitation, and any other services as intermediary, as part of our Service as further described herein to You as a Host, GOSTAY shall charge You our Fees- comprised of Host Charge, taxes etc. Our Host Charge is based upon a percentage of the price of your property rental (typically between 10% and 20%). All fees and costs as described herein (collectively, our “Charges”) shall be added by way of a mark up to your Host Fee to calculate the aggregate amounts to be displayed in Your listing and set out in the booking confirmation sent to the Guest, and which shall therefore be payable by such Guest subject to the Booking Terms. Where applicable, Taxes may be charged in addition to this mark-up to the Guest.
6.5 Our Service to You in respect of payment facilitation and processing shall not include the collection of deposits or additional charges from Guests that are not included or factored in your Host Fee and GOSTAY shall not be responsible for administering or accepting a request or claim from You related to such additional charges or payments and disclaims any liability in this respect. You will need to carry out a separate arrangement with Guests in respect of such charges and expressly state in the listing of Your property that additional charges in the form of a deposit or otherwise (for example, cleaning fees, security deposit and late checkout fees) are required separately from the Guest (for example upon arrival or check-out) if such charges are not included or factored in your Host Fee.
In the case of B n B’s , guesthouses, boutique hotels or any other private room stay all payments for drinks and food consumed must be collected directly from the Guest by the Establishment. GOSTAY does not accept any responsibility to pay any extra charges or bills accrued for services or food/beverages by Guests during their stay which must be paid by the Guests before their departure or by later billing to the guests directly.
6.6 Please note, however, that as Host, You are solely responsible for honouring any booking confirmation sent to a Guest and for supplying and making available and providing Your listed property on the Site to the Guest on such terms, conditions, rules and restrictions as you have set and agreed with the Guest. As a Host, You acknowledge and agree that You are responsible for Your own acts and omissions and for the acts and omissions of any individuals (other than Guests and members of the Guest’s party) who reside at or are otherwise present at Your rental property. Each Host is solely responsible for compliance with laws, rules and regulations, including laws regarding property safety and any tax and VAT requirements (see also the next provision below) and in respect of any conflict with or breach of rights of third parties. We recommend that Hosts obtain appropriate insurance for their rental properties listed on the Site.
6.7 Please also note You are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. GOSTAY cannot and does not offer Tax-related advice to any Users of our Site and Service. Additionally, please note that You are responsible for determining and/or paying any local VAT or similar indirect sales Taxes and/or for factoring in or including such VAT and taxes into your Host Fee or satisfying such obligations relating to applicable Taxes in adding a listing on our Site or in respect of our Fee as charged or invoiced to You or otherwise, particularly if You consider that you are in business in using the Site and/or, for example, you are a professional property manager or You rent property on a regular basis to generate income. You may also be required to issue an invoice, including without limitation, a valid VAT invoice to Your Guest in respect of your Host Fee and any additional charges whether or not included in your Host Fee. You should in any event consult your tax advisor.
6.8 Upon registering as a User as an intended Host, Hosts acknowledge and accept that GOSTAY shall assume, and be entitled to assume, that You are in business/a taxable person/carrying on an economic activity and/or VAT registered, in the place/country where Your address details as provided to Us are located, unless and until You tell and confirm to GOSTAY by email or otherwise that You consider that You are not in business etc. or that You are usually resident or spend most of Your time in another country. Hosts further accept and acknowledge that We may contact You to require details (acting reasonably) of Your VAT registration number (if any) or otherwise copies of reasonable commercial evidence or records, for example contracts, business letterheads, a commercial website address, publicity material, certificates from fiscal authorities, in each case, which You shall provide or procure to provide within your power or ability to do so. A digital certificate from a reputable organisation can also be accepted for this purpose.
6.9 If Your listed property is requested by a Guest via our Site, you will be required to either confirm or reject the Guest’s request within 36 hours of that request, after which the booking request shall automatically expire. If, as a Host, You confirm that Your listing is available and a Guest’s booking is subsequently accepted and confirmed by You through our Site, You will receive Your Guest’s relevant contact details (including phone number) from Us and We will also forward Your contact details to the Guest. Once such contact details have been provided, all communication including concerning details and information about the rental transaction should be direct between You and Your Guest through our Site as facilitated by our Service where required/applicable.
6.10 We shall hold all monies collected by Us from Guests upon a booking confirmation, subject to a duty to transfer or account to You in respect of such monies (provided always that You have honoured such booking), which we shall pay to You by bank transfer in the currency and price you have set for the relevant property, less our Charges as described above. You acknowledge and agree that we shall be entitled to deduct and retain our Charges from such monies collected. We shall generally initiate the payment to You of all net monies collected from Guests which are due to You after 48 hours of the guests planned check-in time .The payment will be made after 48 hours during the business week .Payments will not be initiated during the weekend or public holidays so may take longer. If You do not honour a booking, You may lose Your entitlement to Your Host Fee and We reserve the right to retain the corresponding funds collected in order to refund the Guest as also referred to further in the Booking Terms. Please note that GOSTAY accepts no responsibility for fees charged by your bank or other entities to you for the service of the receipt of your Host Fee. Fees charged by your bank or any other financial entity for receiving your Host Fee from us are your sole responsibility and GOSTAY will not pay your personal bank account fees of this nature. You are advised to check the charges (if any) for receiving payments in at your bank or other entities .
6.11 Guests can cancel their booking at anytime, but always accordingly to the cancellation policy that You have selected as a Host. In the event a Guest cancels, We shall transfer to You the monies collected by Us from such Guest, less our Charges, in accordance with Your selected cancellation policy. In all cases, our Fees are non-refundable.
What are the cancellation policies?
1. Relaxed: Bookings cancelled up to one week before arrival date will receive a full refund (except our fees and charges).So if a Guest cancels less than one week before arrival the Host will be paid their rental fee in full.
2. Moderate: Bookings cancelled up to 2 weeks before their arrival date will receive a full refund (except our fees and charges.) So if a Guest cancels less than 2 weeks before arrival the Host will be paid their rental fee in full.
3. Firm: Bookings cancelled up to 4 weeks before their arrival date will receive a refund (except our fees and charges). So if a Guest cancels less than one month before arrival the Host will be paid their rental fee in full.
6.13 We reserve the right to cancel any booking at any time for security or fraud-protection purposes. This is generally due to our fraud-detection processes reporting a problem with the payment card submitted. In such cases the cancellation policy that you have selected will not apply and you will receive no payment for the cancelled booking.
7.1 As a Guest, in addition to these Terms , please refer to the Booking Terms which sets out further details of the booking request process, the manner of collection of payment from Guests and our fees. Guests are advised to carefully read the Booking Terms, the booking summary page and the booking confirmation, particularly in relation to the cancellation policy selected by the concerned Host.
8. Limitation of Liability
8.1 The Content and all other material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. 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 User in connection with the Site, any websites linked to it and any Content and other materials posted on it 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 which cannot be excluded or limited under applicable law.
9. Release and Indemnity
9.1 By using the site and/or services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or users or other third parties who caused you harm at the exclusion of GoStaySpain to the fullest extent permitted by law.
10. Data Privacy
11. Termination of Account
In the event of a material breach by You of these Terms or the Booking Terms including but not limited to fraud by You, We may, in our discretion and without liability to You: (a) terminate Your access to Our Service; (b) deactivate or delete any of your Accounts and all related information and files in such Accounts as well as Your Content; and (c) bar Your access to any of such files or Service. In addition, We reserve the right at any time and without any prior notice to remove or disable access to a listing of any holiday rental accommodation on the Site which in GOSTAY’s sole discretion considers to be objectionable, in violation or breach of these Terms or Booking Terms, or otherwise harmful to the Site and/or Services.
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.
14. Applicable Law and Jurisdiction
14.1 These Terms and all matters arising out of or relating to these Terms (including non-contractual disputes or claims and their interpretation) shall be 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.
14.2 Any claim or dispute arising out of or relating to these Terms shall (including non-contractual disputes or claims and their interpretation) shall be subject to the non-exclusive jurisdiction of the Gibraltarian courts. If You are a consumer, You may elect to bring a claim in the court of Your country instead.