1. Hello, we are SAY TRAVEL LIMITED. This document is the legal contract between Us (or We/Our) and You and it lists the terms under which we provide Our Services to You.
2. When We use “You” or “Your” in these terms, We mean the person or business who signs this contract and agrees to be bound by the terms in it.
3. To contact us, you can write to our registered office at 63 Shelton Street Shelton Street, 63, London, England, WC2H 9HE. You can telephone Our customer service team at +44 207 087 4415 or you can email us at [email protected]. Formal or legal notices can be sent to our office or to this email address with the subject heading “Notice”.
WHAT WE DO
4. We own and provide the Website called “Saytravel.com”. We provide the services of an agent by advertising and receiving online bookings and payments for Your Accommodation (these are Our Services).
5. Accommodation means a room in Your home, Your hotel or other accommodation that You own, rent or are lawfully able to let on a shared or a sole occupancy basis.
6. To List Your Accommodation, You must register with us as a Host and provide us with certain information about You and Your Guest Accommodation. We use the details, images and pricing You provide to Us about your Accommodation when You complete the Listing on Our Website.
7. Listing means that Your Accommodation will be advertised on Our Website. Being a Host means You have Listed Accommodation on Our Website.
8. By completing the registration to become a Host and uploading details of Your Accommodation to Our Website, You agree to Us Listing your Accommodation on Our Website until this agreement is terminated.
9. When you List and become a Host, you agree to follow Our Listing Policies in respect of Accommodation and these terms and conditions. As the Booking is made via Our Website and We collect the payment, it is subject to the Our Payment Policy and Cancellation Policy.
10. Any specific terms regarding Bookings and/or Accommodation that You wish to include must be stated in Your Listing (examples include pet policy, group bookings, age restrictions, accessibility issues) and those must be in line with our Booking Policies.
11. We undertake to You that the Website and the Services will be provided using reasonable care and skill, but We do not warrant that the Website will be continuously available or error free.
12. Any descriptions or illustrations that We add to our Website about Your Accommodation are published for the sole purpose of giving indicative or approximate information about the premises Listed. They will not form part of these terms or have any contractual force.
13. Listing with Us does not create any agency, partnership, joint venture or other business arrangement with us and You agree that We only provide the services of advertising and payment collection for You.
14. We are not responsible for any comments or feedback posted about Your Accommodation on or on any travel review or social media site. Reviews posted on Our Website are not moderated or curated. If You feel a review is unfair or inaccurate, We will help you to resolve that with the commentator but we will not mediate any dispute with Guests for You.
15. Please follow the onscreen prompts on Our Website to List Your Accommodation. You may only List Accommodation using the method on the Website. Each Listing is an offer by you to accept our Services subject to these Terms and to provide the Accommodation.
16. Our Listing process allows you to check and amend any errors before Listing Your Accommodation. Please check the Listing carefully before confirming it. You are responsible for ensuring that Your Listing and any specification You submit about the Accommodation is complete and accurate.
17. Even if You send Us Your contract or terms, this document applies to Our Services, use of the Website, Guest Accommodation and Listing.
18. If We have to ask You to remove Your Listing, We will let You know as soon as possible and will follow Our Removal Policy.
19. Guests can book Your Accommodation at the price shown on the Listing using Our Website (a “Guest Booking”). When we receive a Guest Booking, We will send it to You.
20. A Guest Booking is a direct contract with the Guest. SayTravel is not the provider of the Accommodation, and You are wholly responsible for providing the Accommodation as You described it the Listing on the dates and for the price in the Booking.
21. We will send the Guest an email confirming their Guest Booking and We will take the Guest’s payment for the Booking (“the Booking Fee”) using Our payment provider.
22. You agree to Us deducting Our Service Fee from the Booking Fee received from the Guest.
23. Any specific terms regarding Bookings and/or Accommodation that You wish to include must be stated in Your Listing and those must be in line with our Booking Policies.
24. If You want to take any damage deposit from Guests (which must be refundable) You are responsible for collecting it in person, via bank transfer or via paypal (or similar). You must specify the amount and the way You collect the deposit and the conditions for its return in Your Listing and You must provide a receipt to the Guest for it. You We do not hold any damage deposits or insurance in respect of Your property or You.
25. We will take payment for the Guest Booking via our Website prior to the date of arrival at Your Accommodation.
26. Subject to clause 31, We will pay You the Booking Fee less Our Service Fee into Your designated bank account 7 working days after the Guest has arrived at Your Accommodation. You can review all fees paid by Us to You using Your details on the Hosts login on Our Website.
27. We shall pay all Booking Fees (less our Service Fee) due to You without any set-off, counterclaim, deduction or withholding for any tax or similar (unless we are required by law to do so). It is Your sole responsibility to account for any taxes, levies, and other similar charges due on Your Accommodation, on Bookings, Booking Fees or similar to the appropriate authority and You indemnify us fully against any claim made against Us in this respect.
28. Our Service Fees may change and are shown on our website here Any change to the Service Fee will be notified to You in advance to Your email and advertised on the Website.
29. The Service Fee is payable to us even if the Guest Booking is cancelled by You for any reason (other than for a statutory reason). If the Guest cancels the Guest Booking, the Service Fee will be charged according to Our Cancellation Policy.
30. If We have to ask You to cancel a Booking for any reason, We will let You know as soon as possible and will follow Our Cancellation Policy.
31. If the Accommodation You provide to a Guest is different from the Listing You provided, Guests will have a right to refuse to stay there and, in such cases, We will refund the Booking Fee to the Guest according to our Guest Terms and Our Cancellation Policy. We may charge You an administration fee for Booking Fee reversals to cover our time and any costs we incur paying the Booking Fee back to the Guest and You agree that We can recover that from You either by sending you an invoice or by deducting that fee from any future Booking Fees.
32. If a Guest refuses to stay in Your Accommodation on the grounds it is different to the Listing, we may, in our absolute discretion, require You to amend the Listing in light of Guest feedback or remove the Listing entirely.
33. It is Your responsibility to ensure that:
(a) the terms of Your Listing and the Booking order are complete and accurate.
(b) You follow Our Listing obligations.
(c) You obtain and maintain all necessary insurance in relation to the Accommodation and the Booking.
(d) You obtain and maintain all necessary licences, permissions and consents which may be required for You to provide the Accommodation.
(e) You fully comply with all applicable laws and regulations, including health and safety laws in respect of the Accommodation.
(f) You notify the Guest immediately if You are unable to provide the Accommodation for any reason and follow our Cancellation Policy.
34. We will provide the Website and make it available subject to any downtime (which We will notify to You and advertise on the Website) and any emergency repair periods.
35. We do not provide any guarantees regarding availability of the Website or the success of Your Listing. We are not responsible to You for any inaccuracies, delays or faults on the Website or our services under these terms and We will not be responsible for any costs or losses You sustain or incur (including loss of business or profits) arising directly or indirectly from any failure by Us or delay to perform the services under these terms.
36. If a problem arises or you are dissatisfied with Our services, we have a comprehensive Complaints Policy, and the outcome of that procedure will be final.
INTELLECTUAL PROPERTY RIGHTS
37. All intellectual property rights in or arising out of or in connection with the Website and the service We provide is owned by us.
38. When You List Your Accommodation, you grant us a worldwide free licence to use any content, images, and information You provide in respect of it and to display and advertise it as required on the Website for so long as You ask Us to List the Accommodation.
DATA AND HOW WE MAY USE YOUR PERSONAL INFORMATION
39. We will process your personal information in accordance with our Data Protection Policy, the terms of which are incorporated into this Contract and use any personal information You provide to us to:
(a) provide Our services under these terms; and
(b) process payments received via the Website from Guests.
LIMITS ON OUR LIABILITY TO YOU
40. We are not responsible or liable for any items damaged, broken, removed or stolen by Guests during their stay in Your Accommodation. We are not liable to You for any damage at all to the Accommodation which is caused by a Guest or arises as a consequence of Listing and/or being a Host. We are not liable to You for any injury caused to You by any Guest or in consequence of accommodating a Guest or being a Host. We do not check Guest’s authority to make Bookings or the purpose of their Booking.
41. We are not responsible for and will only operate to pass on messages to You which Guests send to Us via the Website in circumstances where Guests have issues with the Accommodation such as any accident, breakage, fire, electrical or water supply, heating, lighting, or other non-functional equipment at the Accommodation.
42. Subject to clause 43, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of use or corruption of software, data or information;
(e) loss of or damage to goodwill;
(f) any indirect or consequential loss.
43. Subject to clause 45, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the amount of the Booking Fees We have collected for You in the twelve months immediately prior to Your claim being made.
44. Unless you notify us that you intend to make a claim in respect of an event within 3 months from the day on which You became, or ought reasonably to have become, aware of the event having occurred We shall have no liability for that event. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
45. SayTravel does not check the Guest’s authority to book, their background, or their passport.
46. We may suspend the performance of the Services, and/or terminate these terms with immediate effect by giving written notice to You and seek damages from You for any loss We incur or suffer if:
(a) You commit (i) property fraud or deliberately mislead Us or a Guest about Accommodation, a Listing or Your identity; (ii) a persistent or a material breach of any term and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so (iii) undertake any action, correspondence or behaviour towards a Guest or Us which we consider to be inappropriate, outside of our <<Policies>> or threatening;
(b) You fail to pay any amount due under these terms on the due date for payment;
(c) You become bankrupt, insolvent or cease trade or seem (in our opinion) likely to do or if You suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business or if We become aware that Your financial position has deteriorated to such an extent that in Our opinion your capability to adequately fulfil your obligations under these terms and/or with Guests or if You are no longer in control of the Accommodation.
47. Termination of these terms will not affect Your or Our rights and remedies that have accrued as at termination.
48. Any provision of these terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
EVENTS OUTSIDE OUR CONTROL
49. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by any act or event beyond Our reasonable control (Event Outside Our Control).
50. If an Event Outside Our Control takes place, We will contact you as soon as reasonably possible to notify you that these Terms (and/or the Website) will be suspended.
ASSIGNMENT AND TRANSFER
51. We may assign or transfer Our rights and obligations under the Contract to another entity but will always notify you in writing and by posting on the Hosts webpage if this happens.
52. You may only assign or transfer your rights or your obligations under these Terms to another person if we agree in writing.
53. Variation: Any variation of these Terms only has effect if it is in writing and signed by You and Us.
54. Waiver: If we do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You or that You do not have to comply with those obligations. If We do waive any rights, We will only do so in writing, and that will not mean that We will automatically waive any right related to any later default by You.
55. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
56. Third party rights. The Contract is between You and Us. No other person has any rights to enforce any of its terms.
57. Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.