Cycling Ireland & Homestay.com Terms & Conditions
Version #23, last updated on Friday, 27 November 2015
Main points to
- Your room prices will include any required local taxes, charges or levies.
- You are responsible for declaring all applicable taxes and for having adequate insurance cover in place to host guests.
- You will only accept and host guests over the age of 18 years. You will only host a guest under 18 years old if accompanied by an adult.
- You will honour all confirmed bookings for the dates, room prices and room type booked by the guest.
- You will accept the balance of 85% from the guest on arrival (or in advance of arrival if agreed between you and the guest).
- If you wish to collect payment in advance of arrival, you must state this within your profile description, so the guest is aware of this before they make a request.
- If you must cancel a booking, you will notify Homestay.com directly and we will notify the guest.
- Your listing content such as descriptions, house rules, directions, photographs etc. are true and accurate and not misleading in any respect.
- You will not disclose your email address or phone number to guests within the messaging system until after a booking is confirmed.
- We may edit your profile for grammar, spelling or punctuation when reviewing it for approval. We will notify you of any bigger changes or for clarifications.
- If you remove or delete your Homestay.com listing, you will honour any bookings you have received prior to this removal/deletion date.
Full Terms and Conditions
Homestay Technologies Limited provides Partner Booking Engine to Cycling Ireland that facilitates Hosts (as defined below) and Guests (as defined below) in arranging overnight accommodation where members can book to stay in each other’s homes.
The Host can choose to market their Accommodation solely through the Partner Booking Engine (as defined below), or on both the Partner Booking Engine and on Homestay.com
The Services are accessible soley through the Partner Website via the Partner Booking Engine or through the Partner Booking Engine and www.homestay.com and at other websites through which Homestay Technologies Limited makes the Services available from time to time including but not limited to www.homestay.com all other websites, APIs, mobile and desktop applications owned or operated by Homestay Technologies Limited and used for the purposes of facilitating Bookings; (collectively, the “Site”)
Homestay Technologies Limited shall provide the Services to Hosts and Guests to upload Content (as defined below) to the Site and to manage such content. The Accommodation (as defined below) may be viewed and booked by the Guest (as defined below) on the Partner Booking Engine and / or on the Site or Affiliate Booking Engine.
These terms and conditions (“Terms”) constitute a legal agreement (“Agreement”) between you, and Homestay Technologies Limited, a private limited company registered in Ireland with company number 505065. Please read this agreement in its entirety before you continue to use this online service. By using this website you agree to be bound by the Terms. If you do not agree, do not click the accept box during registration and discontinue using the site.
In this Agreement the following words and expressions shall have the following meanings, unless the context otherwise requires:
Accommodation: the homestay property made available by a Host on the Partner Booking Engine and / or Site for a Guest to book.;
Account: a Host or Guest account registered on the Partner Booking Engine and / or Site with an email address and password;
Affiliate Website: a third party organisation affiliated to Homestay Technologies Limited, where Homestay Technologies Limited provides a technology solution to the organization to enable Guests to book Accommodation through their website. Homestay Technologies Limited provides the Affiliate with links, advertisement and/or references to the Site and/or the Services in return for a commission;
Booking: the booking of Accommodation by a Guest with a Host, where the Host has confirmed their availability for specific dates requested;
Content: means text, graphics, images, photographs, music, software, audio, video, information or other materials of whatever nature; All data, provided by the Host or Guest, including but not limited to the descriptions provided by a Host of itself, descriptions of the Accommodation and any related facilities, photographs to include reviews, room rates, profile picture, exterior photo and Accommodation bedroom(s), video, maps, directions and contact details. All data provided by the Guest including but not limited to descriptions provided by a Guest of itself, any photographs to include profile picture and reviews;
Guest: A person, who views pages, sends a request for Accommodation to a Host, and who may book the Accommodation directly through the Partner Booking Engine and /or Site or Affiliate Website;
General Terms: the general terms and conditions pertaining to the use of the Site;
Host: a person or persons registered (at any time) with the Partner Booking Engine and / or Site to provide Accommodation to Guests
Intellectual Property Rights: means all intellectual property rights, including patents, (including utility models and inventions), trade marks (including service marks, trade names and business names), design rights, copyright and related rights (including but not limited to rights in respect of software), internet designations (including domain names), moral rights and database rights, (whether or not any of these is registered and including any application for registration of any such rights), know-how, confidential information and trade secrets for the full term of such rights and including any extension to or renewal of the terms of such rights and all rights or forms of protection of a similar nature or having similar effect to any of these which may exist anywhere in the world;
Listing: Accommodation that is provided by a Host including Content, which is available for Booking via the Parter Booking Engine and / or Site or an Affiliate Website;
Partner Booking Engine: such technology solution as Homestay Technologies Limited may provide to the Partner to enable Customers to book Accommodation through the Partner Website;
Partner Website: The Partner’s own website located at the domain name provided to Homestay Technologies Limited upon registration
Privacy Statement: the privacy statement as set out on the Site;
Site: www.homestay.com, Homestay.com and all other websites, APIs, mobile and desktop applications owned or operated by Homestay Technologies Limited and used for the purposes of facilitating Bookings;
Registration: the signing up and uploading of Content required of a Host or Guest to allow a Host offer Accommodation and to allow a Guest make a Booking with a Host on the Partner Booking Engine and /or Site.
Terms: (or “this Agreement”): these terms and conditions of business, as amended or replaced from time to time;
You can register an Account in one of two ways: using your email address and choosing a password on the Site sign-up form; or via Facebook Login, a third-party service provider.
By registering via Facebook Login, you allow the Site access to your Facebook account for the following information, including but not limited to: public profile (name, gender, hometown, profile photo and birthday), friend list, email address and location; as permitted under the applicable terms and conditions that govern your use of your Facebook account. By granting access, you understand that Homestay Technologies Limited will access, make available and store (if applicable) any content provided to and stored in your Facebook account so that it is available on and through your Homestay.com Account.
Please note that if your Facebook account or associated service becomes unavailable or Homestay.com access to your Facebook account is terminated by Facebook, then all content provided will no longer be available through Homestay.com.
You have the ability to disable the connection between your Homestay.com Account and your Facebook account, at any time, by accessing the Disconnect button in the “Account” page in your Homestay.com Account.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDER FACEBOOK IS GOVERNED SOLELY BY THE THIRD-PARTY SERVICE PROVIDER.
Homestay Technologies Limited makes no effort to review any content provided via a third party service provider registration for any purpose, including but not limited to for accuracy, legality or non-infringement and Homestay Technologies Limited is not responsible for any content. Homestay Technologies Limited will create your Account and your Listing for your use of Homestay.com based upon the personal information you provide to us or that we obtain via Facebook.
You agree to provide accurate, current and complete information during the Account Registration process and to update such information to keep it accurate, current and complete. You can access and update your contact information, password and personal preferences at any time by visiting your Account. All information provided by you helps us make all email correspondence more relevant to you.
As a Host, you acknowledge that the Listing you create when registering shall be reviewed by Homestay Technologies Limited before it is approved to appear on the Partner Booking Engine Site or Affiliate Website. Homestay Technologies Limited may elect to edit the Listing as part of the review process, but you will be notified of any material edits outside of grammar, spelling or punctuation prior to going live on the Site.
Homestay Technologies Limited reserves the right to suspend or terminate your Account and your access to the Partner Booking Engine, Site and Affiliate Website, 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 Account, whether or not you have authorized such activities or actions. You will immediately notify Homestay Technologies Limited of any unauthorized use of your Account.
As a host you are solely responsible for the collection and/or payment of all or any taxes, levies and charges, of whatever kind and wherever due, that may arise as a consequence of Bookings made with you and/or the provision of Accommodation by you.
As a host, you agree to hold harmless and indemnify Homestay Technologies Limited and its subsidiaries, affiliates, officers, agents and employees, from and against any claim, liabilities, damages, losses and/or expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your failure to lawfully collect and/or discharge any taxes, levies, and that may arise as a consequence of Bookings made with you and/or the provision of Accommodation by you.
As a host, you warrant that all insurances as may be necessary, prudent or required under law in connection with provision of Accommodation in connection with this Agreement, including without limitation public liability insurance, are in place, valid and binding and undertake that such insurances will be maintained for the duration of this Agreement.
Homestay Technologies Limited shall bear no responsibility for the organisation, operation, administration of any aspect of the Accommodation, all of which shall be the sole responsibility of the Host, and Homestay Technologies Limited expressly disclaims any and all responsibility in this regard.
The Host shall make the Accommodation available via their Listing so that the Guest can make Bookings through the Partner Booking Engine and / or Site. The Host further acknowledges and agrees that where Accommodation is made available for Booking through the Site, Homestay Technologies Limited may also make this Accommodation available for Booking via the Affiliate Website.
The Host is responsible for the accurate submission of all Content in their Listing, along with updating and maintaining all information in respect of its Accommodation and Listing, including the property description, availability, room prices and for any data entry errors which may arise in respect of the description of Accommodation (whether in respect of facilities, location or otherwise). This responsibility includes ensuring that correct up to date availability and pricing is displayed for all periods, including without limitation for special events and busy periods. The Host may include their own house rules within their Listing; house rules must not contravene any terms and conditions of the Site and Services.
Should the Host wish to receive the balance of the total accommodation price from the Guest in advance of the Guest’s arrival, the Host must state this in their Homestay.com Listing.
If the Accommodation is also listed on the Site or Affiliate Website, a light breakfast must be provided by the Host and should be included in the room price. A light breakfast is not required if the Accommodation is listed on the Partner Booking Engine.
The prices quoted by a Host in their Listing must be inclusive of any applicable local taxes and charges.
All bookings made through the Site, Partner Booking Engine or Affiliate Website are agreements between the Host and Guest.
Once the Host has agreed they are available for the requested dates, the Guest can proceed to make the Booking where they agree to pay a non-refundable deposit (either 10% through the Partner Booking Engine or 15% through the Site or Affiliate Website) of the total accommodation price online, to Homestay Technologies Limited. The Guest agrees to pay the balance of the total accommodation price to the Host directly in accordance with the Host's preferred payment method. Some Hosts will require the balance paid on arrival, others may advise the Guest directly if they require part or full payment prior to arrival.
On completion of a Booking on the Site, Partner Booking Engine or Affiliate Website, Homestay Technologies Limited will provide both Host and Guest with booking confirmation emails, containing the necessary contact details, map, directions and accommodation booking details for the stay.
Upon arrival, the Guest agrees to abide by any house rules the Host had made visible on their Listing, during the stay. The host is solely responsible for the accuracy of this information on their Listing.
The Host agrees to honour all Bookings for the dates, room prices and room types as booked by the Guest through the Partner Booking Engine, Site or Affiliate Website.
Homestay Technologies will use its best endeavours in co-operation with the Host to resolve any issues arising with respect to any Booking as quickly and efficiently as possible.
Homestay Technologies Limited shall bear no responsibility for the compliance by the Host and/or Guest with the terms of any Booking and Homestay Technologies Limited disclaims all liability in this regard.
In the event that the Host must cancel a Booking, the Host agrees to notify Homestay Technologies Limited directly of the cancellation and the reason as to why the Booking cannot be honoured.
The deposit collected by Homestay Technologies from Guests at the point of Booking, is non-refundable (except in cases where the Host cancels the Booking.)
If the Guest has paid any or all of the balance owing the Host in advance of arrival and the Guest cancels the Booking at least 7 days in advance to the arrival time and date, the Host agrees to issue a full refund of that amount directly to the Guest. If the Guest has paid any or all of the balance owing to the Host in advance of arrival and the Guest cancels the Booking less than 7 days prior to the arrival time and date, the Guest will not be entitled to any refund amounts.
Homestay Technologies Limited has no control cancellations of Bookings and disclaims all liability in this regard.
For the purpose of this clause 6, a day begins at 00.01 a.m. and ends at 12 midnight, in the time zone where the Accommodation is located.
You hereby grant to Homestay Technologies Limited a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view and otherwise exploit such Content on, through or by means of the Site and Services or any other means. Homestay Technologies Limited does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content. You represent and warrant that you either are the sole and exclusive owner of all Content or you have all rights, licences, consents and releases that are necessary to grant to Homestay Technologies Limited the licence in such Content, as provided under these Terms. You represent and warrant that the use of the Content by you, on, through or by means of the Site will not infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You represent and warrant that all Content is true and accurate and not misleading in any respects. Homestay Technologies Limited reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Homestay Technologies Limited, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services. In such circumstances you will be deemed in breach of these Terms.
Where you provide a review following a stay, Homestay Technologies Limited may include this review on the Partner Booking Engine, Site or Affiliate Website. Homestay Technologies Ltd reserves the right to use such reviews at our discretion, for marketing, promotion or improvement of service. Homestay Technologies reserves the right to refuse, edit or remove reviews at our sole discretion.
9. Video Call / Voice Call
Homestay Technologies uses a third party provider to facilitate the use of Video Call / Voice Call services for both hosts and guests. You are prohibited from posting or transmitting to or from the Website including through the use of the messaging system, video or voice call services, any material:
a. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
b. for which you have not obtained all necessary licences and/or approvals; or
c. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
d. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website, messaging system or video or voice call functionality (including, without limitation, by hacking). The Company retains the right to review and action content hosted through the messaging system, video or voice call functionality for the purpose of operating the Website.
The Site and Services are intended solely for persons booking who are 18 years or older and the Guest must represent and warrant that at least one person within the party booking is aged 18 years or older. Any access to or use of the Site or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are over 18 years of age.
As a Host you agree to only accommodate Guests who are 18 years or older, or where the Guest is under 18 years old, they must be accompanied by an adult.
11. Warranties and compliance with laws
You covenant that you shall comply with all applicable laws in your use of the Site and the Services and dealings with Homestay Technologies Limited, including but not limited to, laws relating to Intellectual Property Rights, privacy and data protection insofar as they relate to customer data.
As a Host, you warrant that you have the right, and are legally permitted, to make available the Accommodation to Guests as contemplated by these Terms.
As a Host, you warrant that no member of your Family has been convicted of any offence, or has been made the subject of any order of a court, or any similar or analogous proceedings or investigations which would render the provision of Accommodation by you (or any family member thereof) illegal, or would render any member of the family ineligible or unsuitable to provide Accommodation to any Guest.
12. Privacy and Data Protection
See Homestay Technologies Limited’s Privacy Statement available on the homepage or footer of the Site and for information and notices concerning Homestay Technologies Limited’s collection and use of your personal information.
13. Your Personal Data
Homestay Technologies Limited will process any personal data you provide to us for the following purposes:(i)Contract Operation and Management; (ii) Translation: translating to another language for the purposes of overseas persons accessing the Site and/or the Services; and (iii) Direct Marketing: we may from time to time inform you by telephone, letter, email or post of special offers, discounts, competitions and promotions and supply you with materials or other information that we think you may be interested in (including but not limited to joint promotional email campaigns with third parties). Such emails may include links to the websites of third parties, and in this regard we would refer you to the section headed 'Links' in the General Terms and Conditions. In accepting these Terms and signing up to the use of the Services you will be deemed to have consented to the use of your personal details for direct marketing purposes. If you do not wish to receive such communications you may opt out by amending your subscription preferences in the “Account” section of your Account on the Site. Should you wish to opt out of receiving such communications at any future date, you may do so by amending your subscription preferences in the same way, even if you have previously consented. However, we may continue to contact you with service-related announcements from time to time.
Homestay Technologies Limited has the right to revise and amend or modify the Site, the Services and these Terms from time to time without prior notice. If we modify these Terms we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you will be deemed to have agreed to be bound by the modified Terms.
All Intellectual Property Rights in the Site, the Services and Website Content are the exclusive property of Homestay Technologies Limited. You will not remove, alter or obscure any Intellectual Property Rights incorporated in or accompanying the Site, the Services or Website Content. Subject to your compliance with the terms and conditions of these Terms, Homestay Technologies Limited grants you a limited, non- exclusive, non-transferable licence to access and view any Website Content solely for the purpose of your use of the Service.
We may provide links to third party websites on the Site solely for your convenience. If you use these links you leave the Site. The company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The company therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site you do so entirely at your own risk.
The Site, the Services and Content are provided “as is” without warranty of any kind from Homestay Technologies Limited, either express or implied. Homestay Technologies Limited makes no warranty regarding the quality of any Listings, Accommodations, the Services or Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Content obtained through the Site or the Services. Homestay Technologies Limited shall not be held responsible for verifying any information uploaded, messages sent or video / voice calls initiated via the Site by a Host or Guest or otherwise or performing any background checks relating to said persons and Homestay Technologies Limited makes no endorsement of said persons or information relating to them and disclaims all liability in this regard. The Site and Services are a platform upon which Host and Guest may come together for the purposes of Accommodation Bookings. Homestay Technologies Limited is not party to any agreement between Host and Guest and has no control over the conduct of said parties of any agreements as between them, whether concluded via the Site, Services or otherwise, and Homestay Technologies Limited disclaims all liability in this regard.
To the greatest extent permitted by law, this clause sets out the extent of liability of Homestay Technologies Limited and persons connected to it (as set out herein) in delivering the Services hereunder.
Neither Homestay Technologies Limited nor any other party involved in creating, producing or delivering the Site, the Services or the Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services or for any damages arising out of or in connection with these Terms, from the use of or inability to use the Site, the Services or the Content, from any communications, interactions or meetings with other users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site, the Services or from your Listing or Booking of any Accommodation via the Site and Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Homestay Technologies Limited has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
You should note that Homestay Technologies Limited does not warrant the information published on this website is error free and in using this website you acknowledge that the Accommodation details and all other information published on this website may include inaccuracies, mistranslations or typographical errors. All Bookings on this Site are made directly with the Host Accommodation and not with Homestay Technologies Limited. Homestay Technologies Limited facilitates the processing and booking of Accommodation online and are not party to the contract between Guest and Host and has no responsibility or liability to you in respect of the terms of that contract, directly or indirectly. Neither Homestay Technologies Limited, nor any other party (whether or not involved in creating, producing, maintaining or delivering the website), and any of the company's group companies and the officers, directors, employees, shareholders or agents of any of them, will be liable or and responsible for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with Accommodation in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites. If a Guest causes damage to Host Accommodation in which they are staying, the Guest must fully reimburse the Host concerned for the cost of the damage. The Guest must also indemnify Homestay Technologies Limited for the full amount of any claim made against us by the Host, or any third party as a result.
Homestay Technologies Limited utilises a third party payment gateway and makes all reasonable efforts to ensure that all credit card and debit card transactions are secure. However, if unauthorised charges appear on your credit card or debit card statement for any card used on the Site at any time during or after a Booking, while transacting or disclosing your card details on the website, Homestay Technologies Limited shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, subject only to any statutory rights which you may have. Homestay Technologies Limited has no control over cancellations of bookings and disclaims all liability in this regard.
You agree to hold harmless and indemnify Homestay Technologies Limited and its subsidiaries, affiliates, officers, agents and employees, from and against any claim, liabilities, damages, losses and/or expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the provision of the Accommodation, your use of the Site and/or the Services, including without limitation in relation to Content.
20. Entire agreement
These Terms, the Privacy Statement and the General Terms constitute the entire and exclusive understanding and agreement between Homestay Technologies Limited and you regarding the Site, Services, Content and any Bookings or Listings of Accommodations made via the Site and/or using the Services, and these Terms the Privacy Statement and the General Terms supersede and replace any and all prior oral or written understandings or agreements between Homestay Technologies Limited and you regarding Bookings or Listings of Accommodations, the Site, Services and Content. These Terms shall take precedence over any agreement or understanding that you may have with a third party in connection with the Site, the Services, Content and/or any Bookings or Listings of Accommodations made via the Site and/or using the Services.
21. Law and jurisdiction
These Terms are governed by the laws of Ireland and any dispute or claim arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Ireland.
22. Termination of this Agreement
As a Host, this agreement may be terminated forthwith by Homestay Technologies Limited by notice in writing if you (i) commit any breach that is irremediable; (ii) if such breach is remediable, you fail to remedy that breach within 10 days of the breach occurring; or (iii) for repeated breach of these Terms.
Without prejudice to Homestay Technologies Limited rights under Clause 7, either party may terminate this Agreement for its convenience on giving not less than thirty (30) days’ notice to the other party without liability to make or pay any compensation to the other party in respect of such termination.
In the event of any termination of this Agreement all licenses granted to you shall automatically terminate.
In the event of termination a Host shall honour all Bookings made prior to termination.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Homestay Technologies Limited without restriction.
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
If you have any questions in relation to the above, Terms & Conditions please contact Homestay Technologies Limited, 3rd Floor, 6/7 St. Stephen’s Green, Dublin 2, Ireland or firstname.lastname@example.org.