Terms & Conditions
- These terms apply to everyone who uses our Website. By using our Website, you agree that you are bound by these terms.
- You must ensure that all data that you load onto our Website is complete and accurate and not misleading, including, but not limited to details of all names and contact details and payment data.
- You must keep your log in and account details secret and not share them with any other person.
- Every visitor who posts comments on our Website must ensure that the comments are true and accurate and not misleading or offensive in nature.
- Although we do our best to ensure that our Website functions properly, we make no representation or agreement that it will be available at any particular time or times, or that it will function in any way. You agree that neither we, nor any of our officers, directors, shareholders, employees, agents and subcontractors shall be liable for any loss or damage that you may suffer or incur if at any time our Website crashes or is unavailable, or if our Website does not function properly.
- You agree to access our Website only of the purpose for which it was designed, namely to enable us to advertise Properties for rent on a temporary basis to Renters. You agree not to take any action that is intended to or may harm the efficient running of our website or infringe our rights or of any visitor to our Website.
- With whom are you dealing when you rent a Property?
- When you rent a Property by means of our Website, you make a contract with the Owner. It is for you to satisfy yourself that the terms of the Booking Contract are appropriate for the purposes for which you use it.
- We recommend that you read the terms of the Booking Contract carefully and ensure that they are suitable for your purposes. An example of the Booking Contract can be found here.
- The Owner, is responsible for:
- complying with the terms of the Booking Contract that apply to the Owner;
- ensuring the accuracy of the photographs and description of the Property that are posted on our Website;
- delivering the services agreed to be provided to you when you book; and
- delivering any additional services that are agreed to be provided to you after you book.
- The Owner specifies:
- the accommodation cost;
- the times at which the Property is available for rent;
- Whether or not the Property is available for immediate booking (so that, if it is not, the Owner must confirm availability before the booking is made);
- Whether the Owner requires, and if he does, the amount of any cash deposit you must pay (which we call a “Refundable Breakage Deposit”), or whether he is willing for you to pay for our Non-Refundable Breakage Waiver instead of a cash deposit.
- the terms on which the Renter may occupy the Property during his Stay (which will be on the basis of our Booking Contract); and
- any additional services that he is willing to offer during the Stay, such as cleaning services, welcome packages, subscription television and other services and the like.
- The Owner sets the accommodation cost and the prices for the other services that are offered.
- Occasionally, an Owner may update the prices before a booking is made. You should always check the website for the prices at the time of your booking. Very occasionally, an Owner may change the prices for your Stay after your booking is made. In this case, you may have a right to cancel in accordance with the terms of the Booking Contract.
- In addition to the prices set by the Owner, you may be liable to pay other charges to the Owner when you make your booking. You can see these charges before you book by logging in to your account. They may include charges for additional services that you agree to buy from the Owner when you make your booking, such as charges for cleaning, airport pick-up, in-Property chef, pool heating and the like, and charges we make to the Owner when the booking is made.
- You may be liable to pay the Owner, in addition, for other services that you use during your Stay.
- If your booking is cancelled, you may, nevertheless, be liable to pay any charges that the Owner is liable to pay to third parties (including us).
- Making payments
- Our Website allows you to make a booking only if the Owner has confirmed that the Property is available for instant booking or, if, after you have made a booking request, the Owner has confirmed that the Property is available for booking.
- When a Renter makes a booking, the Renter becomes liable to pay all sums payable under the Booking Contract when they become due. If the Renter is sharing the costs of the booking with other members of the Renter’s Party, it is, nevertheless, the responsibility of the Renter to make those arrangements. The Renter alone is responsible for performing the obligations in the Booking Contract and for ensuring that all monies are paid to the Renter. If the Renter is changed, using our System, the original Renter agrees to ensure that the original Renter and any subsequent Renter are jointly and severally liable under the Booking Contract.
- We act as the agent of the Owner to receive payment of the Deposit, rent due under the Booking Contract and any Refundable Breakage Deposit that you pay. We consider it important for your protection that you do not pay these sums directly to the Owner, but rather to us. We hold the sums you pay by way of accommodation cost for the Owner and release them to the Owner only when we consider, in our sole discretion, that it is safe for us to do so. We hold any Refundable Breakage Deposit until the period for making claims against the Renter has expired, or, if a claim for loss or breakages has been made, until the claim has been agreed or determined. You agree that we may pay to the Owner from the Refundable Breakage Deposit the amount of any loss or breakages and return any balance to you.
- We do not pay interest on any sums paid to us.
- Sometimes you may agree to pay for additional services (such as cleaning and laundry services, pay per view tv services, entertainments and the like) for which payment is to be made directly to the Owner. We recommend that you take care to ensure that you make payments to the Owner or his duly authorised representative and that you obtain a receipt for these additional payments.
- What means of payment do we accept?
- Our Website shows the symbols of the payment service providers whose cards and payment systems we accept.
- What happens when you make a booking?
- When a Booking is made, the Renter becomes liable to pay all sums payable under the Booking Contract and the Owner becomes liable to make the Property available for a Stay in accordance with the terms of the Booking Contract.
- Cancellation and changes
- Under the Booking Contract, the Owner and the Renter may be entitled to cancel the booking. On occasion, an Owner may need to change the terms of the Booking Contract. Please refer to the terms of the Booking Contract, an example of which may be found here.
- If you cancel a Booking Contract, the Booking Contract should state whether you are entitled to a full or partial refund. You agree that if the Owner has incurred or is liable to pay costs to a third party (including us), such costs may not be refunded when you cancel.
- If the Owner cancels a Booking Contract, or if you do not agree with any changes that an Owner makes to a Booking Contract and then cancel the Booking Contract, you may be entitled to a full refund.
- Our liability to the Renter and the Renter’s Party
- To the fullest extent permitted by law you agree that:
- Neither we, nor any of our officers, directors, shareholders, employees, agents and subcontractors shall be liable to the Renter and/or any member of the Renter’s Party for any loss or damage suffered by such person as a result of the use of our website or the services provided pursuant to it, except to the extent that such loss or damage is proven to be caused by our negligence or that of our officers, directors, shareholders and agents;
- Any claim that you may make will be made only against us and not against any of our officers, directors, shareholders, employees and agents;
- Neither we, nor any of our officers, directors, shareholders, employees and agents shall be liable for any punitive, special, indirect, consequential loss or damages, any loss of profit, loss of contract or loss of goodwill or reputation or loss of claim;
- Neither we, nor any of our officers, directors, shareholders, employees, agents and subcontractors shall be liable for any misstatement, misrepresentation or inaccuracy relating to the description of the Property or services to be provided or in any ratings shown on our Website;
- Neither we, nor any of our officers, directors, shareholders, employees, agents and subcontractors shall be liable for any services to be provided by the Owner or the Owner’s agents, or for any breach of the Booking Contract by the Owner;
- Neither we, nor any of our officers, directors, shareholders, employees, agents and subcontractors shall be liable for any loss or damages caused as a result of, or in connection with the use, inability to use, interruption of use, or delay in using of our Website;
- Nether we, or any of our officers, directors, shareholders, employees, or agents shall be liable for any failure by any payment service provider (such as Mastercard, Visa or Paypal) to decline your payment, or for any delays or errors in the processing of your payment;
- Neither we, nor any of our officers, directors, shareholders shall be liable for any loss or damage caused by any breach of duty, negligence, fraud, misrepresentation, or tort made or committed the Owner or any persons whose goods or services are made available through our Website, including, without limitation, over-booking, strike, industrial action, acts of God and any other event outside of our control.
- We are not liable or responsible for, where we take payments or facilitate bookings, ensuring that any sales or other taxes are paid to the relevant taxation authority.
- Nothing in this clause shall limit our liability for (i) fraud by us, our officers, directors, shareholders, employees, or agents, or (ii) for personal injury or death caused by our negligence or that of any of our officers, directors, shareholders, employees, or agents.
- No visitor to our website may copy in whole, or in part, our Website. In particular, and without limitation, no visitor may copy any text or graphics that appear on, or form part of, it, except that we agree that every Owner and Renter may download for his own use a copy of the documents and data shown on his, her or its account page on our Website for record keeping purposes.
- A Renter and Owner may download and print or copy of the Renter Contract that relates to a Property he has rented and of any of our Policies for record keeping purposes.
- We may make changes to these General Terms, the Booking Contract and any policies that we publish on our Website at any time by changing the page(s) of our Website that contains them, or by publishing notices on our Website of the changes.
- You agree that it is your responsibility and not ours to keep copies of all financial and other transactions that you make using our Website.
- We recommend that you print copies of the information relevant to your booking on a regular basis.
- If you are a Renter or a member of the Renter’s Party, we are not obliged to provide you with access to or copies of the information contained in your account after your booking is completed.
- Accessing our Website
- We reserve the right, in our sole discretion, to change the functionality from time to time of our Website and we do not accept liability for any interruption, non-availability or failure of our Website. By suing our Website you agree that we are not under any obligation to provide access to, maintain or manage any facility which at time forms part of our Website.
- Although we use our reasonable endeavours to provide access to and availability of our Website at all reasonable times, you agree that access to our Website may be limited by maintenance and other factors, whether planned or unplanned, which require or result in the suspension, or interruption, of, or the occurrence of deficiency(ies) in our Website, or its operation, in whole or part, and which may inhibit or impair your access to it. You agree that we have no liability to you in respect of any such occurrences or events or for any loss or damage of any nature whatsoever which you may suffer or incur as a result.
- To the fullest extent permitted by law, we make no representation, warranty or guarantee, whether express or implied, about our Website, that the operation of our Website will be uninterrupted, continuous or error or virus free, or otherwise.
- You agree that our Website is provided “as is”. We disclaim any warranties about merchantability and fitness for any particular purpose.
- Force Majeure
- You agree that we are not liable to you for any event which we could not, even with all due care, foresee or avoid. Such events include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and any other event outside our control.
- If any part of these terms is or becomes invalid or unenforceable, you agree that you will be bound by the remaining terms that are not invalid or unenforceable.
- Proper law and jurisdiction
- These terms and the provision of our services pursuant to them and any contract arising on the basis of them shall be construed and governed by English law .
- You agree that to submit to the exclusive jurisdiction of the Courts of England and Wales in relation to any dispute that arises out of these terms or our service.
- Defined terms
- In these terms
Booking refers to a Booking Contract.
Booking Contract means a contract between the Owner and a Renter for a temporary Stay in the Owner’s Property, made on the basis of the Booking Conditions that appear on the Website.
Renter means a person who makes a booking of a Property through via our Website.
Renter’s Party means a person who is listed in the Booking Contract who will occupy the Property on a temporary basis (including any additional person(s) or substitute person(s) agreed with the Owner).
Stay means the period stated in the Booking Contract during which the Owner agrees that the Renter and/or members of the Renter’s Party may occupy the Property the subject of the booking on a temporary basis.
Your personal data
To be able to process bookings we need to collect certain personal details from you. These details will include, where applicable:
1. In the case of a Renter: the names of the Renter and members of the Renter’s Party, their ages, at least the Renter’s contact details (including email address), at least the Renter’s credit/debit card details, etc. which we do not store; and
2. In the case of an Owner: the Owner’s name, contact details (including email address), bank account details, details of the Property
If we need further personal data we will ask for them.
We use the contact details to communicate with the Owner and Renter.
We may supply your personal data to trusted suppliers who undertake analysis for us.
We may also pass your personal data to other third parties (including, without limitation, our Affiliates) if necessary in order to arrange for a booking to be provided or enquiry answered or to process a booking in a way contemplated by our website.
In some cases we may pass information, including your personal data, to third parties outside the European Economic Area. These countries may not provide the same level of protection for your personal data as the UK. If we do transfer your data outside the European Economic Area we will put in place a contract to ensure, so far as reasonably possible, that your information is protected or, where applicable, covered by the US “Safe Harbour Program”.
By entering your personal data onto our website, you agree to your personal data being processed in these ways. If you are a Renter you agree that you are authorised to disclose to us personal data about your Renter’s Party and that we may use such personal data in the same way as if it were your personal data.
If you have subscribed to our e-mail service or have made a booking for, or an enquiry about, the services we offer, you agree we may send you targeted promotional e-mails about the services and special deals we offer unless you have opted out of receiving these.
You agree that we may also disclose our customer database, including any personal data relating to you contained in it, to a third party who acquires or attempts to acquire all or substantially all of the assets or shares in Clickstay Ltd. or our website whether by merger, acquisition, reorganisation or otherwise.
We may disclose your personal data where we are obliged or permitted by law to do so. If you send offensive messages or objectionable content on or via our website or otherwise engage in any disruptive behaviour on our website, we may use the information that we have about you to stop this behaviour. We may, without limitation, inform law enforcement agencies and (if appropriate) your employer about your behaviour.
You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a small processing fee to cover the cost of our responding to such a request. We promise to respond to your request within 40 days of receiving your written request and fee. In certain limited circumstances we are entitled to refuse your request.
If you believe that any of your personal details which we are processing are inaccurate or incorrect please contact us immediately.
This privacy statement covers websites owned and controlled by us only. Links to other websites and any information collected by these sites are not covered by this privacy statement. As our privacy statement may change due to developments in the law, we would encourage you to reread our privacy statement from time to time so that you are aware of any changes in how we gather and use personal information.
How long we retain your personal information
Cookies and other tracking technologies
We may send you a cookie when you visit www.xanadubai.com or any of our other websites.
A ‘cookie’ is a very small file that is placed on your computer, tablet or mobile device. There are two categories of cookie, called “first party” and “third party” cookies:
1. First Party cookies are cookies that we set and we use them for a number of reasons, such as remembering who you are when you return to our Website; and
2. Third Party cookies are cookies set on our behalf by third parties such as Google. These cookies do not collect your personal data and you cannot be identified as an individual customer from them.
1. Cookies that are necessary for our websites to work and cannot be switched off. They are usually only set in response to actions that you make, such as when you log in to check your booking. These cookies do not store any personally identifiable information.
You can set your browser to block or alert you about these cookies, but if you do, some parts of our Websites will not work properly.
2. Tracking technologies that allow us to track your behaviour on our websites and mobile applications including how you arrived to them. We do this for the purpose of analytics, conducting research, product development, fraud prevention, risk assessment and to personalize or otherwise customize your experience. We may also use this type of cookie to make payments to third parties with whom we have a contract when a visitor, who has visited a website operated by the third party, rents a property or buys a service using our website.
You are not obliged to accept cookies and you may change the settings in your browser so that it will not accept cookies. You can control cookies by (i) allowing them, (ii) deleting them individually or (iii) deleting all of them. You can also set your browser not to accept them at all. If you choose not to accept them at all, our website may not function properly or at all. It may also be possible for you to set your browser so that it notifies you before you accept a cookie. If you do this, it may mean that browsing our website is slower than if you choose a different option.
It may be possible for you to change the settings of your browser to prevent just third party cookies from being placed on your computer, tablet or device: In some browsers, it may even be possible to block cookies from specific companies or organisations.
“Do not track” signals
Some browsers implement a “do not track” feature that lets you inform websites that you do not wish for your online activities to be tracked. We do not respond to “do not track” signals at the moment.
Changes to this Policy
We may, in our sole discretion, make changes to this policy from time to time. This may be because the law or best practice changes or because of changes in our service or treatment of your personal data. We will display clearly on our website when our Policy has changed.
In this Policy:
means a person who has a website that refers persons who are interested in becoming Renters to us.
means a person who owns a Property that is advertised on our Website for letting on a temporary basis.
means a person who agrees to rent a Property on a temporary basis via our Website.
means the individuals identified by the Renter as those who will occupy the Property on a temporary basis (including any additional person(s) or substitute person(s) agreed with the Owner).
means Solus Property Ltd, a private company registered in the Jebel Ali Free Zone, Dubai, UAE. Reference to Xanadubai/Solus Property shall be deemed to include a reference to its successors and assigns.
means xanadubai.com and any other website operated by us.