GENERAL STATEMENT

Welcome to the StayCay website (the “Site”). These terms & conditions  apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.
For the purposes of this website “we”, “us” and “our” all refer StayCay.

The Site reserves the right, to change, modify, add, or remove portions of the Terms and Conditions of Use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification.
You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website.  No extrinsic evidence, whether oral or written, will be incorporated.

DEFINITION OF TERMS

The StayCay Platform: This is an online marketplace that enables registered users (“Members”) and certain third parties who offer services.

Hosts: These are Members and third parties who offer services.

Hosts Services: These are various services offered by members and third parties such as travel services, accommodation, car rental etc on the StayCay platform.

Guests: These are individual either registered users (Members) or visitors that uses the Host services.

REGSITARTION

You must be at least 18 years old to use our Services. If you are below the age of 18, you are advised to refrain from accessing our website or using our services.

In order to access and use certain sections and features of the StayCay Services, you must first register and create an account with StayCay (“User Account”).

We strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using the StayCay Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature.

STAYCAY MARKET PLACE

As the provider of the StayCay Platform, StayCay does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Host Services, nor is StayCay an organiser or retailer of travel packages, vacation packages, accommodation or car rental services. Hosts alone are responsible for their Services. When Members or Guests make or accept a booking, they are entering into a contract directly with each other. StayCay is not and does not become a party to or other participant in any contractual relationship between Members. StayCay is not acting as an agent in any capacity for any Member or Guest.

NO GUARANTEE

StayCay we may help facilitate the resolution of disputes, but we have no control over and does not guarantee:

  • the existence, quality, safety, suitability, or legality of any Host Services;
  • the truth or accuracy of any Host services descriptions, Ratings, Reviews, or other Member Content (as defined below); or
  • the performance or conduct of any Member or third party.

StayCay does not endorse any Member, Host Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by StayCay about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in travel and tour,  rent a particular car or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by StayCay of any Host.

If you choose to use the StayCay Platform as a Host or Co-Host, your relationship with StayCay is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of StayCay for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit of StayCay. StayCay does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.

CONTENT DISPLAY

To promote the StayCay Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. StayCay cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The StayCay Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

USE OF THE SITE

You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.

User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available). The access to or use of certain areas and features of the StayCay Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the StayCay Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use.  If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.

We grant you a non-transferable, revocable and non-exclusive licence to use this Site, in accordance with the Terms and Conditions of Use, for such things as: gathering information about travels and tours, car rental for personal purpose, gathering prior information regarding our services and making bookings. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.

These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights.  This list is non-exhaustive and similar actions are also strictly prohibited.

Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.

The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

ACCEPTABLE USE OF OUR SERVICES

Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of StayCay, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm to StayCay or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure. You are responsible for keeping your device and your StayCay account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

YOUR AGREEMENT

By using our websites, you agree to comply with these terms. If anything in these terms of use that you do not agree with, or if anything is missing that you consider essential, then you must not use our website.

WEBSITE AVAILABILITY

Our websites will be available only at times we decide. We do not guarantee that our websites, or any website content, will always be available or be uninterrupted. We may suspend our websites at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our websites at any time without notice. We shall have no liability to you (including in negligence) if our website is not available for any reason, and we shall have no obligation to you to make sure our websites are available to you at any time.

PROHIBITED USE

You must not misuse our websites by knowingly introducing any virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our websites, any server on which our websites are stored or any server, computer or database connected to our websites. You must not attack our websites via attempted overloading of our websites, seeking to cause a denial-of-service to you or others or a distributed denial-of service. In the event of breach, in addition to our other remedies, your permission to use our websites ceases immediately. Your breach of this provision may also be a criminal offense under the Electronic Communications and Transactions and other applicable Law.  We reserve the right to report any such breach to relevant law enforcement authorities and to co-operate with authorities by disclosing your identity to them.

MANDATORY INFORMATION

When completing any enquiry, booking or other forms on our website, some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are identified and denoted by an asterisk (*). You will be prompted for this information if you try to submit a form which is missing any of this mandatory data.  Where a category is not marked with an asterisk, the information is optional, and you need not fill it in but may do so if you wish.

ACCURACY OF YOUR INFORMATION

When you submit any information to us, including in connection with a registration, enquiry or booking, you must ensure, and by submitting the information you represent to us that, it is true, accurate, current, and complete in all respects. To keep the information current, you agree to update the information to us whenever there is a change to any information you submitted previously. You acknowledge being aware that we will rely on the information you provide being true, accurate, current and complete.

ERROR CORRECTION

When you carry out any enquiry, booking, order, registration or other process on our website, you may, before submitting, use the back button on your browser to go back and correct or change information.  If you think there is an error in your information provided after you submit it, you can contact us to ask that it be corrected or updated.

UPDATING YOUR INFORMATION

If any of your registration information changes, please update your details using functionality provided within our website or contact us.

LOG-IN DETAILS

You are responsible to keep any username and password log-in details relating to such registration confidential, safe and secure. You must not share the details with anyone.  You must ensure that any password you provide is unique and strong. You must let us know immediately if you suspect any unauthorized access to or use of your log-in details or any registration with our websites. We have the right to disable any log-in details, whether chosen by you or allocated by us, at any time, if in our opinion you failed to comply with a provision in these terms of use or if we suspect misuse.

SERVICE FEES

StayCay may charge fees to Hosts (“Host Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the StayCay Platform.

Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. StayCay reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.

You are responsible for paying any Service Fees that you owe to StayCay. The applicable Service Fees (including any applicable Taxes) are collected by StayCay Payments. StayCay Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by StayCay Payments. Except as otherwise provided on the StayCay Platform, Service Fees are non-refundable.

SUSPENSION AND TERMINATION

We may suspend or terminate your registration and/or your ability to access or use any features, services or functionality on our websites at any time and for any reason, with or without prior notification to you.

RELIABILITY OF INFORMATION

Our website content is provided for general information only, with the understanding that we are not engaged in rendering of legal or other professional advice or service. Your reliance on or use of our websites and website content is entirely at your own risk.

CHANGES TO OUR WEBSITE CONTENT

We make no representation, warranty or guarantee, whether expressed or implied, that the content on our site is accurate, complete or up-to-date.  In any event, our website content is not valid beyond when it is downloaded, and may change on a subsequent visit to our websites. We shall be entitled to change website content from time to time, and cease providing any particular website content (including part, functionality or service of our websites), without notice, and for any reason.

ERROR NOTICE

We do not guarantee that our websites or any website content will be free from errors or omissions. There may be mistakes and errors in our website content which we fail to notice, which will not be binding on us. We reserve the right to correct any errors in our website content and to change any of our website content (including services, products, availability, and pricing) at any time without notice, including in any booking or order you submitted or contract you entered into with us. If a correction affects a booking or order you submitted or contract you entered into with us to your material detriment, we may give you the opportunity to cancel the booking, order or contract rather than accept the change.

THIRD PARTY WEBSITES

If we include a link to a third party website in our website content, the third party website is not our responsibility. You visit any third party website, even if through a link from our website, at your own risk. By providing links, we are not endorsing, sponsoring or recommending such sites or materials disseminated by or services provided by them. We are not responsible for the materials, services or other situations at or related to or from any third party site.  We are not responsible for direct or indirect consequences of your navigating to any other website from our websites. We are not responsible for any purchase you make or other activity you engage in at, or as a result of you visiting or accessing a third party website.

OUR COPYRIGHT

You acknowledge that all copyright, designs, database rights, trademarks, patents, and all other intellectual property and material rights relating to our website content is and remains our sole and absolute property. You are granted no right, license or interest in or to our website content or any intellectual property rights, except for the browsing license detailed below, and all other rights are reserved.  You are not permitted to screen scrape or otherwise copy or use our website content except for browsing our website as a customer or potential customer under the license below.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a link to our websites in a way that suggests any association, approval or endorsement on our part where none exists.  Our websites must not be framed on any other site. You must not create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

USE OF OUR WEBSITES

You agree to use our websites only for lawful purposes connected to the intended purposes of our websites. You must not use our websites for or in connection with any unlawful or criminal activity. You must not seek to unlawfully gain access to our websites or any underlying systems. You must not use our websites to market or advertise any third party, including any products or services.

YOUR CONTENT

You shall ensure that anything your post to our website (including text and pictures), whether through community functionality or otherwise: (a) relates solely to us and our products and services; (b) is in accordance with rules and acceptable use policies we publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, racist or defamatory, or incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people’s privacy; (f) is not harmful to minors; (g) will not cause unwarranted distress to any person; (h) is not detrimental to our trademarks or our website content; (i) is not personal data of a third party; (j) does not use our site to promote or advertise a business, product, service or other thing; (k) does not advocate illegal activity or discuss illegal activity with intent to commit them; (l) is not vulgar, obscene, discourteous or indecent; (m) is not software. We also have the right, but are not obligated, to disclose your identity to any third party or police or government agency who claims that any content posted or uploaded by you to our websites constitutes a violation of or who claims to our satisfaction to be investigating any actual or potential violation of intellectual property, privacy or other rights or laws.

LICENSE OF YOUR CONTENT

In relation to anything you post to our website (including text and pictures), you grant us a perpetual, irrevocable, royalty free, transferrable license, with the right to grant sub-licenses, to use, copy, edit, distribute, adapt, publish, translate, publicly perform and display, create derivative works from and do anything else whatsoever with that content, including (without limitation) publication and republication in any form, medium or technology (whether now known or later developed) in any part of the world. In particular, by posting a message or other content on our websites (including sending in photos to any photo gallery), you understand that the content becomes public domain and therefore may be used by us for marketing and other purposes without any compensation required to be paid to you. You waive all moral rights (including to be identified as author) in relation such content. You warrant that you have the right to grant the license above, and that the exercise by us of that license shall not infringe any copyright or other intellectual property rights in any part of the world.

TERMS SPECIFIC FOR HOSTS

TERMS APPLICABLE TO ALL LISTINGS

When creating a Listing through the StayCay Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by StayCay. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.

Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. StayCay reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

The placement and ranking of Listings in search results on the StayCay Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.

When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.

StayCay recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular 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 has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.

LISTING ACCOMMODATIONS

Unless expressly allowed by StayCay, you may not list more than one Accommodation per Listing.

If you choose to require a security deposit for your Accommodation, you must specify this in your Listing (“Security Deposit“). Hosts are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the StayCay Platform. StayCay will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but StayCay is not responsible for administering or accepting any claims by Hosts related to Security Deposits.

You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). 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 any individuals the Guest invites to the Accommodation.

Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Listing(s). Hosts remain solely responsible and liable for any and all Listings and Member Content published on the StayCay Platform, including any Listing created by a Co-Host on their behalf. Further, Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host. In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Guests, and the provision of any Co-Host Services.

Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co-Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co-hosting relationship will terminate in the event that StayCay (i) terminates the Co-Host service or (ii) terminates either party’s participation in the Co-Host service. When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Host, that Member will no longer have access to any Host or Guest information related to the applicable Host’s Listing(s). In addition, Host agrees to pay Co-Host for all Co-Host Services completed prior to Co-Host’s termination within 14 days of Co-Host’s termination via the Resolution Center. A Co-Host will not be entitled to any fees for any Co-Host Services that have not been completed prior to the Co-Host’s termination.

As a Co-Host, you will not be reviewed by Guests, meaning that your Co-Host activities will not affect your Reviews or Ratings for other Listings for which you are a Host. Instead, the Host of such Listing(s) will be reviewed by Guests (including potentially on the basis of the Co-Host’s conduct and performance). Hosts acknowledge that Reviews and Ratings from Guests for their Listing(s) may be impacted by a Co-Host’s conduct and performance.

TERMS SPECIFIC FOR GUESTS

TERMS APPLICABLE TO ALL BOOKINGS

Subject to meeting any requirements (such as completing any verification processes) set by StayCay and/or the Host, you can book a Listing available on the StayCay Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your StayCay Account.

Upon receipt of a booking confirmation from StayCay, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. StayCay Payments will collect the Total Fees at the time of the booking request.

If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.

StayCay may enable a Guest who is booking a Listing on behalf of one or more additional guests (the “Organizer”) to split the payment of the Total Fees for an eligible booking on a pro-rata basis between the Organizer and at least one other additional guest (each a “Co-Payer”) (the “Group Payment Service”). In order to participate in the Group Payment Service, each Co-Payer must have or register an StayCay Account prior to making a payment. All payments via the Group Payment Service are handled by StayCay Payments.

BOOKING ACCOMMODATIONS

You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees“). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize StayCay (via StayCay Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.

BOOKING MODIFICATIONS, CANCELLATIONS AND REFUNDS, RESOLUTION CENTER

Hosts and Guests are responsible for any modifications to a booking that they make via the StayCay Platform or direct StayCay customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.

Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and StayCay Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by StayCay Payments pursuant to the Payments Terms.

If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, StayCay may allow the Guest to apply the refund to a new booking, in which case StayCay Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, StayCay may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, StayCay may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking.

If, as a Host, your Guest cancels a confirmed booking or StayCay decides that it is necessary to cancel a confirmed booking, and StayCay issues a refund to the Guest in accordance with the Guest Refund Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, StayCay Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.

Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your StayCay Account, and StayCay Payments will handle all such payments.

DAMAGE TO ACCOMMODATIONS, DISPUTES BETWEEN MEMBERS

As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).

If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim“), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to StayCay, you will be given an opportunity to respond. If you agree to pay the Host, or StayCay determines in its sole discretion that you are responsible for the Damage Claim, StayCay Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. StayCay also reserves the right to otherwise collect payment from you and pursue any remedies available to StayCay in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts.

Members agree to cooperate with and assist StayCay in good faith, and to provide StayCay with such information and take such actions as may be reasonably requested by StayCay, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the StayCay Host Guarantee), (ii) Experiences, (iii) Co-Host agreements, or (iv) a Group Payment Booking. A Member shall, upon StayCay’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by StayCay or a third party selected by StayCay or its insurer, with respect to losses for which a Member is requesting payment from StayCay (including but not limited to payments under the StayCay Host Guarantee).

If you are a Guest or a Co-Host, you understand and agree that StayCay may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Host (including without limitation amounts paid by StayCay under the StayCay Host Guarantee). You agree to cooperate with and assist StayCay in good faith, and to provide StayCay with such information as may be reasonably requested by StayCay, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as StayCay may reasonably request to assist StayCay in accomplishing the foregoing.

SPECIFIC TERMS FOR VEHICLE BOOKING

The following Sections also apply if you book a vehicle using the Services:

Fees. You are responsible for paying all fees when they come due. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the reservation period.

Your Financial Responsibility Is Primary. With regard to damage, losses, or other liabilities, you acknowledge that, where permissible under applicable law, you are primarily liable for your liabilities under the Agreement, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal auto insurance or insurance from credit cards, etc.) as the primary source of funds. Any protection plan you select when booking a vehicle, to the extent offered, will not be available to you until your personal insurance has been exhausted. In addition, the protection plan you select when booking a vehicle, if any, may not be available to you in the event you breach your obligations under these Terms. Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses, or other liabilities relating to your activities through the Services. You agree that in the event damage is reported, StayCay may immediately charge you up to the amount stipulated in the protection plan you selected when you booked the vehicle. Nothing in these Terms is intended to limit your responsibilities or StayCay’s legal rights in connection with your use of the Services. You acknowledge that StayCay may require and hold a deposit as part of the reservation of a vehicle. Notwithstanding the above, if you book a vehicle registered in Maryland, the third-party liability coverage offered as part of a protection plan made available via the Services is primary, unless the vehicle booked is considered a “replacement vehicle” under your car insurance policy, in which case the coverage may be secondary. A “replacement vehicle” is typically defined as a vehicle that is being booked while your own vehicle is not in use because of a “loss” or because of breakdown, repair, service, or damage.  Consult the language of your policy or speak to your insurance agent to determine whether a vehicle booked using the Services is considered a “replacement vehicle” under your policy. StayCay Insurance Agency does not provide information or advice about whether a booked vehicle qualifies as a “replacement vehicle”.

Use of the Vehicle. When you book a vehicle from a host through StayCay, you must use the vehicle only for your personal use and not for any commercial purposes unless you have express written permission from StayCay’s Legal Department in advance. You may not access a vehicle until the beginning of your reservation period and you must return the vehicle on time and in the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event StayCay has any concern about your use of a vehicle, StayCay may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You will be fully financially responsible for any claims, loss, or damage related to your misuse of a vehicle, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.

Condition of the Vehicle and Optional Extras. You understand that third parties own the vehicles and Extras offered through the Services. Each owner is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, StayCay, third party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle.

State Laws Regarding Rental Car Theft. It is a felony in most states to fail to return a rental car within a certain period of time after the rental period has expired. The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your insurance coverage and/or protection plan:

  • If you fail to return the vehicle you booked at the time and place agreed upon with the host and/or designated in your reservation;
  • If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the StayCay system as set forth;
  • If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the owner. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility;
  • If you misrepresent facts to the host pertaining to booking, use, or operation of vehicle;
  • If the vehicle’s interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during the reservation period;
  • If you fail or refuse to communicate in “good faith” with host, police, StayCay, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fails to cooperate in the investigation of any accident or vandalism;
  • If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license; whose driver’s license becomes invalid during the reservation period; who has obtained the keys without permission of the host; or who misrepresents or withholds facts to/from the host or StayCay material to the booking, use or operation of vehicle.

The primary guest who books the reservation is responsible for any private investigation costs StayCay deems necessary to recover a vehicle that is not returned.

Repossession. StayCay, a hired agent of StayCay, or the host may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.

Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host; file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing; and cooperate fully with the host, law enforcement, StayCay, and other authorities in all matters related to the investigation.

SPECIFIC TERMS FOR VEHICLE OWNERS

The following Sections also apply if you share your vehicle through the Services:

Information Given at Registration. When you sign up for StayCay, you will identify passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the standard requirements. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation.

Vehicle Availability. Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the guest. If you offer the guest the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle

accurately to StayCay and ensure that the vehicle is available at that location at the beginning of the reservation period. In order to qualify for available protection plans, you must verify that a prospective guest has a current, valid driver’s license before you provide the guest your vehicle, and ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license.

Trip Fees. You will have the ability to set and revise the vehicle’s pricing as you choose. StayCay will pay you the amount collected from those who book your vehicle, less the applicable fees payable to StayCay. To the extent you owe StayCay money for any reason, StayCay also reserves the right to deduct those amounts from your payment.

Taxes and Airport Permitting Fees. You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Services. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor. Further, some airports where you offer delivery may take the position that you must have a permit to use airport premises and remit fees. While StayCay does not believe that rental car permits should apply to peer-to-peer car sharing, not all airport authorities agree with this position. For trips in Maryland, StayCay will automatically add applicable taxes and fees to the reservation and remit to Maryland on your behalf.

Maintenance. You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if StayCay believes that your vehicle does not conform to reasonable standards, StayCay may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. StayCay may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services.

Incident Reporting. If you did not decline a protection plan made available via the Services, and you believe that a guest has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of reservation) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, StayCay or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, and you did not decline a protection plan made available via the Services, you will be reimbursed for the loss as described in the sections below. If StayCay is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by StayCay or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage.

TAXES

As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).

1Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.

You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Occupancy Taxes“).

In certain jurisdictions, StayCay may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance these Terms (“Collection and Remittance“) if such jurisdiction asserts StayCay or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize StayCay (via StayCay Payments) to collect Occupancy Taxes from Guests on the Host’s behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by StayCay will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where StayCay is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by StayCay relating to their Accommodations in that jurisdiction.

TERMS SPECIFIC TO DRIVERS

WHAT IS A DRIVER PROFILE?
Your Driver Profile allows you to tell riders about yourself. It is customizable and can showcase things like your interests, achievement badges, and riders’ compliments.

WHERE CAN I FIND MY DRIVER PROFILE?
You can see what’s on your profile by opening the Account tab in the StayCay website, then tapping “Driver Profile.”

WHAT INFORMATION IS INCLUDED?
Your profile will include:
– The number of trips you’ve completed
– How long you’ve been driving
– Your rating
– Rider compliment badges
– Achievement badges you’ve earned by reaching various milestones

You can also add the following customizable information:
– Where you’re from
– Languages you speak
– A fun fact
– Recommendations you have for your city
– A story about a memorable trip

DO I HAVE TO FILL OUT MY PROFILE?
Filling out the questions on your profile is a great way to engage with your riders, but is not required.

Your Driver Profile already includes your rating, the number of trips you’ve completed, how long you’ve been driving, Rider compliments, thank you notes, and Achievements. If you don’t answer any of the optional questions, only the information listed above will show.

HOW CAN I EDIT OR REMOVE INFORMATION?
You can edit on information on the homepage of your profile.

TERMINATION AND SUSPENSION

This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or StayCay terminate the Agreement in accordance with this provision.

You may terminate this Agreement at any time by sending us an email. If you cancel your StayCay Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your StayCay Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

Unless your Country of Residence is Jamaica, without limiting our rights specified below, StayCay may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

StayCay may immediately, without notice, terminate this Agreement and/or stop providing access to the StayCay Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) StayCay believes in good faith that such action is reasonably necessary to protect the personal safety or property of StayCay, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

In addition, StayCay may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the StayCay Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or StayCay otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) StayCay believes in good faith that such action is reasonably necessary to protect the personal safety or property of StayCay, its Members, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
  • cancel any pending or confirmed bookings;
  • limit your access to or use of the StayCay Platform;
  • temporarily or permanently revoke any special status associated with your StayCay Account;
  • temporarily or in case of severe or repeated offenses permanently suspend your StayCay Account and stop providing access to the StayCay Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by StayCay and an opportunity to resolve the issue to StayCay’s reasonable satisfaction.

If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of pre-existing cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

When this Agreement has been terminated, you are not entitled to a restoration of your StayCay Account or any of your Member Content. If your access to or use of the StayCay Platform has been limited or your StayCay Account has been suspended or this Agreement has been terminated by us, you may not register a new StayCay Account or access and use the StayCay Platform through an StayCay Account of another Member.

Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

DISCLAIMERS

If you choose to use the StayCay Platform or Collective Content, you do so voluntarily and at your sole risk. The StayCay Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the StayCay Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by StayCay relating to a Listing.

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

You assume full responsibility for the choices you make before, during and after your participation in a Host Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless StayCay from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to release, defend (at StayCay’s option), indemnify, and hold StayCay and its affiliates and subsidiaries, including but not limited to, StayCay Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the StayCay Platform or any StayCay Services, (iii) your interaction with any Member, stay at an Accommodation, rent a car participation a Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) StayCay’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.

GENERAL PROVISIONS

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between StayCay and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between StayCay and you in relation to the access to and use of the StayCay Platform.

No joint venture, partnership, employment, or agency relationship exists between you and StayCay as a result of this Agreement or your use of the StayCay Platform.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

StayCay’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without StayCay’s prior written consent. StayCay may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by StayCay via email, StayCay Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which StayCay transmits the notice. If your booking is in respect of a Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement.

USER SUBMISSIONS

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.

You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

By completing an booking or signing up, you agree to receive a) emails associated with finalizing your booking, which may contain relevant offers from third parties, and b) emails asking you to review StayCay  and your booking and c) promotional emails, SMS and push notifications from StayCay . You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please email our Customer Service.

CHANGES TO THESE TERMS

We may change these website terms of use at any time and from time to time without notice to you, including by publishing a new version on our website. You should check these terms for updates each time you visit our website to be aware of changes and of the latest version.  You should check the top of the document to see the latest version in force. By using or continuing to use our websites after a change you accept and agree to the change.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Use shall be interpreted and governed by the laws in force in Jamaica. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Jamaica and to waive any objections based upon venue.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Jamaica and governed by Jamaica law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Jamaica and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use.

Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.

Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.

If you are dissatisfied with the Site or with any terms, conditions, rules, policies or  guidelines, your sole and exclusive remedy is to discontinue using the Site.

SEVERABILITY

If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.

MISCELLANEOUS PROVISIONS

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.

We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.

FURTHER INFORMATION

Contact us at info@staycay.com