Legal | The Stellar Stay Holiday Homes LLC
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Legal

TERMS AND CONDITIONS

 

Welcome to the THE STELLAR STAY HOLIDAY HOMES LLC.

The Stellar Stay Holiday Homes LL.C provides services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use The Stellar Stay Holiday Homes LL.C’s services, you will be subjected to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

 

The Stellar Stay Holiday Homes LLC acts as an intermediary between the client and the guest.

 

The Stellar Stay Holiday Homes LLC ensures that we act on behalf of our client who secured our services for the purpose of managing their properties. While we do this for our client by advertising the property to prospective renters, The Stellar Stay Holiday Homes LLC also ensures that the property of our client has put up for rent are readily available for the guests who desires it.

1. THE SERVICES

A Client who is desirous of the services of The Stellar Stay Holiday Homes LL.C’s Services, should notify The Stellar Stay Holiday Homes LL.C within a period of at least 48 hours to the day they will be in need of the service, and we assure our Client that our services will be performed with highly level of professionalism and skill. Any impromptu or urgent request will be attended to but will incur an additional charge different from the normal fee we charge. The Stellar Stay Holiday Homes LL.C gives utmost attention and urgency to the service request of our client and we will ensure we attend and give you feedback within 24 hours or less of receiving your request.

 

2. DUTIES AND RESPONSIBILITIES OF CLIENT

The Obligations of Client includes:

  • To be readily available to provide answers to any of our questions and inquires and corporate with The Stellar Stay Holiday Homes LL.C to ensure a smooth running of the services to you.
  • To provide precise and thorough details about the property, its location and description, guest and other fundamental information that will assist us to provide the services to you well.
  • To deliver the keys to the property to The Stellar Stay Holiday Homes LL.C within a reasonable time.

 

3. SUBCONTRACTOR

The Stellar Stay Holiday Homes LL.C is at liberty to employ sub-contractors to provide any service to you, and when that happens, you will be subjected to the prevailing and applicable terms and conditions of such subcontractor services which shall also be adhered to in line with the Stellar Stay Holiday Homes LLC.

 

4. INSURANCE

The client agrees that The Stellar Stay Holiday Homes LL.C understands that The Stellar Stay Holiday Homes LL.C shall not be liable to maintain any Insurance as regards the client’s property, Rather the Client shall maintain and obtain all necessary permits and insurance pertaining to the Client’s property at all times; as well as all applicable approvals.

 

5. NON-SOLICITATION

The client is refrained from soliciting any of the company’s clients or customers throughout the term of this agreement.

 

6. PAYMENT

Client agrees to pay The Stellar Stay Holiday Homes LL.C immediately the invoice is sent to the client. The Stellar Stay Holiday Homes LL.C shall send the invoice before the commencement of the services requested by the client. Both parties understands that the service requested by the client shall not be carried out except the invoice is honored by the client, and the applicable fee paid to the designated bank stipulated by The Stellar Stay Holiday Homes LL.C in the invoice. There are times such invoice may include the services rendered by contractor which The Stellar Stay Holiday Homes LL.C is aware of.

 

7. TERMINATION AND EFFECT OF TERMINATION

  • In addition to any other legal or equitable remedies, The Stellar Stay Holiday Homes LL.Cmay, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and The Stellar Stay Holiday Homes LL.C 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. The Stellar Stay Holiday Homes LL.C shall immediately stop providing services to you. 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.
  • If The Stellar Stay Holiday Homes LL.C has provided any service to you before the date of such termination, client shall be bound to pay the applicable charges in full as soon as the client is invoiced for the balance of such fee.

 

8. INDEMNIFICATION

  • Client shall indemnify and hold harmless The Stellar Stay Holiday Homes LL.C from but not limited to any damages, claims, loss and expenses including reasonable attorney’s fees arising out of any act or omission of Client or the breach of any provisions of this agreement by the Client.
  • Client also  agree to indemnify and hold The Stellar Stay Holiday Homes LL.C, its agents, representative, subsidiaries, affiliates, officers and employees harmless against any liabilities, losses, expenses, legal costs, professional and other expenses of any nature whatsoever due to or arising out of any breach of the terms of this Agreement, the infringement by you, or any third party using your account (whether authorized or not), of any intellectual property or other rights of any person or entity.

 

9. FORCE MAJEURE

If The Stellar Stay Holiday Homes LL.C is prevented from carrying out any of its obligations as a result of an act of God, terrorist act, strikes, overbooking, lockout, fire, riot, flood, drought, war (whether declared or not), civil disturbance, cut-offs, state of emergency, inability to secure power, materials or supplies, embargoes, export control, international restrictions, shortage of transport facilities, any order  of any international authority, any court order, any requirements of any authority or other competent local authority, or any other circumstances whatsoever which are not within the reasonable control of The Stellar Stay Holiday Homes LL.C (“force majeure”), The Stellar Stay Holiday Homes LL.C will be deemed to have been released from its obligations to perform under this Agreement to the extent that, for so long as it is so prevented from performing, and to such extent, this Agreement will be deemed to have been suspended for the period concerned.

 

10. LIABILITY

Client agrees that The Stellar Stay Holiday Homes LL.C liability under this terms and conditions shall in respect of any loss be limited to the terms and conditions stipulated herein

  • Except as prohibited by the relevant legislation, The Stellar Stay Holiday Homes LL.C shall not be liable for any damages, whether exemplary, incidental, indirect, special or consequential damages or for any economic loss such including but not limited to lost reputation, lost bargain, lost profit, lost reputation or lost opportunity arising (even if The Stellar Stay Holiday Homes LL.C have been advised of the possibility thereof) regardless of the fact that the loss was occasioned as a result of breach of contract, by The Stellar Stay Holiday Homes, its agents, employees, or subcontractors or negligence.
  • Client understands that by delivering the keys to the Client’s Property to The Stellar Stay Holiday Homes LL.C Client impliedly and expressly approves and consent that The Stellar Stay Holiday Homes LL.C, its employees, contractors and agents shall automatically have access to the Client’s Property.
  • Subject to this agreement, liability for all losses or damages, arising from this agreement provided hereunder will be limited to the monetary value of obtaining replacement services or the total of the Charges payable by you for our services within the 12 (twelve) months up to the date on which the liability is calculated, whichever is the higher amount.

 

11. WARRANTIES

  • The parties warrants that they have the power and right to enter and be bound by the terms set forth herein and have all the relevant permissions, approval and consent to be a party to in this agreement.
  • The Stellar Stay Holiday Homes LL.C warrant to perform the services with high level of skill, care and dutifulness.

 

12. SEVERABILITY

Any provision of this agreement that is held invalid or unenforceable shall not affect the remaining provisions of this agreement and such other provisions shall remain valid and enforceable while the other invalid provisions or severed provisions shall be negotiated by the parties and brought within the applicable laws.

 

13. DISPUTE RESOLUTION AND GOVERNING LAW

This agreement shall be governed and construed in accordance with the laws of UAE and in the event of any dispute, the parties agree to submit to the exclusive jurisdiction of the UAE courts.

 

(B)  REFUND POLICY

 

‘’CLIENT’s REFUND POLICY

We want to say a very big thank you to for using our services. The Stellar Stay Holiday Homes LL.C takes your maximum satisfaction as our priority and ultimate goal and that is why we have provided this policy to cater for any challenge you have with any of our services. By using this site, you have impliedly given your consent to be bound this policy.

  1. Challenges Involve in Travelling-This refer to an event where the client cancels a booking moment before agreed time or where the client forgot to make provision to the guest in order to be able to access the property thereby making accessibility to the property difficult or impossible.

 

1.  Travel Issue: “Travel Issue” means any one of the following:

 

A. A host of the Property (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Guest with the reasonable ability to access the Property.
The property’s Listing depiction and the manner in which it was described is totally and completely different in terms of:

B. The property’s Listing depiction and the manner in which it was described is totally and completely different in terms of:

  • The physical location of the Property (proximity).;
  • Whether the reservation for the Property is for an entire home, individual room or shared room, and whether another party, including the Host, is staying at the Property during the engagement;
  • Whether the features of the house and other basic amenities as displayed during Listing are effective, working, usable or not even available e.g. ponds, hot baths, baths (toilet/shower/tub), decks kitchen, electrical appliance, refrigerator, general kitchen facilities, air condition systems etc.
  •  Property size (such as., bedroom length and size and, bathroom and/or kitchen or other rooms)

C. The time the property was booked by the guest,

  • There were no clean bedding, toiletries, or towels for the guest to use.
  • The property has pets or vermin in its premises which was the guest was not aware of
  • is dirty and untidy
  • has in its safety or health hazards.

 

2. The Guest Refund Policy

 

In the event any guest has an issue with traveling, The Stellar Stay Holiday Homes LL.C shall:

 

  • Make effort to get another property for you which has available nights that is left to be used in the booking you made which has similarities with what you booked for earlier in terms of the features, quality and size. We will not give a refund if your booking was cancelled 14 days before the starting  of the applicable booking. However a refund shall be given if In the event of cancellation of booking without any Travel Issue, a full refund shall be yielded if the booking was cancelled 14 days or more before the date of commencement of the booking.
  • The guest shall immediately be reimbursed in the total and complete amount paid by the guest. This however largely depend on the type and manner of travel issued the guest suffered.

 

(C) The Stellar Stay Holiday Homes LL.C“CLIENT” PRIVACY POLICY

 

This privacy policy set out how The Stellar Stay Holiday Homes LL.C collect, use and protect your information. The information The Stellar Stay Holiday Homes LL.C collects from you include:

 

1.INFORMATION SUPPLIED TO THE STELLAR STAY HOLIDAY HOMES LLC

 

This information is collected by using this website, they include:
A. Account Information: The information collected herein include personal information like Name, sex, date of birth.
B. Profile Information: The Stellar Stay Holiday Homes LLC may require you while registering with us to complete some fundamental information about yourself such as sex, address and age.
C. Payment Method. This information is received when you add a credit card or payment method to your account. To keep your financial data secure, we do not store full credit card information on our servers.

 

2.Information We Automatically Collect When you use this Site

 

Some of the information under this category that we collect are:

A.Usage Information.
To help us understand how you use the Platform and to help us improve it, we automatically receive information about your interactions with the Platform like the pages or other content you view, bookings, your actions within the site, and the dates and times of your visits.

B.Log Data
We automatically collect log data when you use the Platform, even if you have not created an Account or logged in. That information includes, among other things: details about how you’ve used the Platform (including connections to third-party applications), IP address, access times, hardware and software info, device data, device event information (e.g., crashes, browser type), and the page you’ve viewed or engaged with before or subsequently using the Platform.

C.Transaction Information
We collect transaction details related to your use of our services, including the type of services you requested or provided, your order details, date and time the service was provided, amount charged, distance traveled, and payment method.

 

3.Information We Collect from Third Parties

 

Information that we collect under this category are usually received through other people who make such disclose such information about you whenever they use this site. This will then be combined with the other information we gathered through our platform herein.

A.Third Party Services.
If you choose to register for our services or otherwise link your The Stellar Stay Holiday Homes LLC account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.

B.Your References
Any written reference that a person has for you will be posted on you profile page.

C.Background Information
The Stellar Stay Holiday Homes LLC works with third party partners to perform background checks on You, and we receive information from them such as publicly available information about your, record or such other relevant information.

D.Other Information collected
We also collect information such as demographic information including through user surveys, information from law enforcement agencies for prevention of criminal acts like fraud and other information necessary to perform our service.