Our mission is to empower people to experience the world, by offering theworld's best places to stay.
"Westay", "us", "we" or "our" means Westay Ltd., a Company Limited by Sharesincorporated under the laws, rules and regulations of DIFC. Located at Unit 208,Level 1 Gate Avenue, DIFC, Dubai, United Arab Emirates. (we, us), concerning youraccess to and use of the We Stay (http://www.westay.com) website as well as anyrelated applications (the Site).
The Site provides the following services: Westay Ltd is an online marketplacecompany based Dubai, United Arab Emiarets. Westay offer arrangement for Hotels,Luxury homestays, suites, Penthouse and Villas. The company does not own any ofthe real estate listings, it acts as a broker, receiving commissions from eachbooking. (Services)
"Platform" means the (mobile) website and app on which the Trip Service is madeavailable owned, controlled, managed, maintained by Westay.com.
"Trip" means the various different travel products and services that can beordered, acquired, purchased, bought, paid, rented, provided, reserved, combinedor consummated by you from the Trip Provider.
"Trip Provider" means the provider of accommodation (e.g. hotel, apartment, bed& breakfast, Suites, Penthouses, Villas and landlord), attractions (e.g. (theme)parks, museums, sightseeing tours), transportation provider (e.g. car rentals,cruises, rail, airport rides, coach tours, transfers), tour operators, travel insurances,and any other travel or related product or service as from time to time available forTrip Reservation on the Platform (whether B2B or B2C).
"Trip Service" means the online purchase, order, (facilitated) payment orreservation service as offered or enabled by Westay in respect of various productsand services as from time to time made available by Trip Providers on the Platform.
"Trip Reservation" means the order, purchase, payment, booking or reservation of aTrip.
TERMS AND CONDITIONS
.1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made betweenyou, whether personally or on behalf of an entity (you), and Westay Ltd, doing businessas Westay, located at Level 1 Gate Avenue, DIFC, Dubai, UAE, Dubai, United ArabEmirates.
You agree that by accessing the Site and/or Services, you have read, understood, andagree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibitedfrom using the Site and Services and you must discontinue use immediately. Werecommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplementalterms and condition or documents that may be posted on the Site from time to time,are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updatedversion of these Terms and Conditions will be indicated by an updated “Revised” dateand the updated version will be effective as soon as it is accessible. You are responsiblefor reviewing these Terms and Conditions to stay informed of updates. Your continueduse of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to ourproducts, our users' needs and/or our business priorities.
1.5 The Site is intended for users who are at least 18 years old. If you are under the ageof 18, you are not permitted to register for the Site or use the Services without parentalpermission.
1.6 Additional policies which also apply to your use of the Site include:1.7 Our Privacy Notice, which sets out the terms on which we process any personal datawe collect from you, or that you provide to us. By using the Site, you consent to suchprocessing and you warrant that all data provided by you is accurate.
TERMS AND CONDITIONS
.2. Acceptable Use
2.1 You may not access or use the Site for any purpose other than that for which wemake the site and our services available. The Site may not be used in connection withany commercial endeavors except those that are specifically endorsed or approved byus.
2.2 As a user of this Site, you agree not to:
●Advertise products or services not intended by us
● Misrepresent experience, skills, or information about a User● Threaten users with negative feedback or offering services solely to give positivefeedback to users
●Use the Site in a manner inconsistent with any applicable laws or regulations●Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site●Use, launch, or engage in any automated use of the system, such as using scripts tosend comments or messages, robots, scrapers, offline readers, or similar data gatheringand extraction tools
●Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or othermaterial that interferes with any party’s uninterrupted use and enjoyment of the Site, orany material that acts as a passive or active information collection or transmissionmechanism
●Delete the copyright or other proprietary rights notice from any of the content● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users●Attempt to access any portions of the Site that you are restricted from accessing●Decipher, decompile, disassemble, or reverse engineer any of the software comprisingor in any way making up a part of the Site
●Use the Site or our content as part of any effort to compete with us or to create arevenue-generating endeavor or commercial enterprise
●Use any information obtained from the Site in order to harass, abuse, or harm anotherperson
● Sell or otherwise transfer your profile
●Attempt to impersonate another user or person, or use the username of another user● Interfere with, disrupt, or create an undue burden on the Site or the networks andservices connected to the Site
● Engage in any automated use of the system, such as using scripts to send commentsor messages, or using any data mining, robots, or similar data gathering and extractiontools
TERMS AND CONDITIONS
.● Make improper use of our support services, or submit false reports of abuse ormisconduct
● Trick, defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords
● Engage in unauthorized framing of or linking to the Site● Circumvent, disable, or otherwise interfere with security-related features of the Site,including features that prevent or restrict the use or copying of any content or enforcelimitations on the use
●Use the Site to advertise or sell goods and services
●Use a buying agent or purchasing agent to make purchases on the Site● Make any unauthorized use of the Site, including collecting usernames and/or emailaddresses of users to send unsolicited email or creating user accounts under falsepretenses
● Systematically retrieve data or other content from the Site to a compile database ordirectory without written permission from us
● Falsely imply a relationship with us or another company with whom you do not have arelationship
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit will betrue, accurate, current, and complete and relate to you and not a third party; (b) you willmaintain the accuracy of such information and promptly update such information asnecessary; (c) you will keep your password confidential and will be responsible for alluse of your password and account; (d) you have the legal capacity and you agree tocomply with these Terms and Conditions; and (e) you are not a minor in the jurisdictionin which you reside, or if a minor, you have received parental permission to use theSite.
If you know or suspect that anyone other than you knows your user information (suchas an identification code or user name) and/or password you must promptly notify usat email@example.com.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete,we may suspend or terminate your account. We may remove or change a user nameyou select if we determine that such user name is inappropriate.
3.3 As part of the functionality of the Site, you may link your account with onlineaccounts you may have with third party service providers (each such account, a ThirdParty Account) by either: (a) providing your Third Party Account login informationthrough the Site; or (b) allowing us to access your Third Party Account, as is permittedTERMS AND CONDITIONS
.under the applicable terms and conditions that govern your use of each Third PartyAccount.
You represent that you are entitled to disclose your Third Party Account logininformation to us and/or grant us access to your Third Party Account without breach byyou of any of the terms and conditions that govern your use of the applicable Third PartyAccount and without obligating us to pay any fees or making us subject to any usagelimitations imposed by such third party service providers.
3.4 By granting us access to any Third Party Accounts, you understand that (a) we mayaccess, make available and store (if applicable) any content that you have provided toand stored in your Third Party Account (the “Social Network Content”) so that it isavailable on and through the Site via your account, including without limitation anyfriend lists; and (b) we may submit and receive additional information to your Third PartyAccount to the extent you are notified when you link your account with the Third PartyAccount.
Depending on the Third Party Accounts you choose and subject to the privacy settingsthat you have set in such Third Party Accounts, personally identifiable information thatyou post to your Third Party Accounts may be available on and through your accounton the Site. Please note that if a Third Party Account or associated service becomesunavailable or our access to such Third Party Account is terminated by the third partyservice provider, then Social Network Content may no longer be available on andthrough the Site.
You will have the ability to disable the connection between your account on the Site andyour Third Party Accounts at any time. Please note that your relationship with the thirdparty service providers associated with your third party accounts is governed solelyby your agreement(s) with such third party service providers. We make no effort toreview any Social Network Content for any purpose, including but not limited to, foraccuracy, legality or non-infringement, and we are not responsible for any SocialNetwork Content.
You acknowledge and agree that we may access your email address book associatedwith a Third Party Account and your contacts list stored on your mobile device or tabletcomputer solely for purposes of identifying and informing you of those contacts whohave also registered to use the Site. At your email request to firstname.lastname@example.org orthrough your account settings (if applicable), we will deactivate the connectionbetween the Site and your Third Party Account and attempt to delete any informationTERMS AND CONDITIONS
.stored on our servers that was obtained through such Third Party Account, except theusername and profile picture that became associated with your account.
4. Content you provide to us
4.1 There may be opportunities for you to post content to the Site or send feedback tous (User Content). You understand and agree that your User Content may be viewed byother users on the Site, and that they may be able to see who has posted that UserContent.
4.2 In posting User Content, including reviews or making contact with other users ofthe Site you shall comply with our Acceptable Use Policy.
4.3 You warrant that any User Content does comply with our Acceptable Use Policy,and you will be liable to us and indemnify us for any breach of that warranty. This meansyou will be responsible for any loss or damage we suffer as a result of your breach ofthis warranty.
4.4 We have the right to remove any User Content you put on the Site if, in our opinion,such User Content does not comply with the Acceptable Use Policy.
4.5 We are not responsible and accept no liability for any User Content including anysuch content that contains incorrect information or is defamatory or loss of UserContent. We accept no obligation to screen, edit or monitor any User Content but wereserve the right to remove, screen and/or edit any User Content without notice and atany time. User Content has not been verified or approved by us and the views expressedby other users on the Site do not represent our views or values4.6 If you wish to complain about User Content uploaded by other users please contactus at email@example.com.
5. Our content
5.1 Unless otherwise indicated, the Site and Services including source code, databases,functionality, software, website designs, audio, video, text, photographs, and graphicson the Site (Our Content) are owned or licensed to us, and are protected by copyrightand trade mark laws.
TERMS AND CONDITIONS
.5.2 Except as expressly provided in these Terms and Conditions, no part of the Site,Services or Our Content may be copied, reproduced, aggregated, republished,uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed,sold, licensed, or otherwise exploited for any commercial purpose whatsoever, withoutour express prior written permission.
5.3 Provided that you are eligible to use the Site, you are granted a limited licence toaccess and use the Site and Our Content and to download or print a copy of any portionof the Content to which you have properly gained access solely for your personal, noncommercial use.
5.4 You shall not (a) try to gain unauthorised access to the Site or any networks, serversor computer systems connected to the Site; and/or (b) make for any purpose includingerror correction, any modifications, adaptions, additions or enhancements to the Siteor Our Content, including the modification of the paper or digital copies you may havedownloaded.
5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b)use industry standard virus detection software to try to block the uploading of contentto the Site that contains viruses.
5.6 The content on the Site is provided for general information only. It is not intendedto amount to advice on which you should rely. You must obtain professional or specialistadvice before taking, or refraining from taking, any action on the basis of the contenton the Site.
5.7 Although we make reasonable efforts to update the information on our site, wemake no representations, warranties or guarantees, whether express or implied, thatOur Content on the Site is accurate, complete or up to date.
6. Link to third party content
6.1 The Site may contain links to websites or applications operated by third parties. Wedo not have any influence or control over any such third party websites or applicationsor the third party operator. We are not responsible for and do not endorse any thirdparty websites or applications or their availability or content.
TERMS AND CONDITIONS
.6.2 We accept no responsibility for adverts contained within the Site. If you agree topurchase goods and/or services from any third party who advertises in the Site, you doso at your own risk. The advertiser, and not us, is responsible for such goods and/orservices and if you have any questions or complaints in relation to them, you shouldcontact the advertiser.
7. Site Management
7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches ofthese Terms and Conditions; (2) take appropriate legal action against anyone in breachof applicable laws or these Terms and Conditions; (3) refuse, restrict access to oravailability of, or disable (to the extent technologically feasible) any of yourContributions; (4) remove from the Site or otherwise disable all files and content thatare excessive in size or are in any way a burden to our systems; and (5) otherwisemanage the Site in a manner designed to protect our rights and property and to facilitatethe proper functioning of the Site and Services.
7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
7.3 You are responsible for configuring your information technology, computerprograms and platform to access the Site and you should use your own virus protectionsoftware.
8. Modifications to and availability of the Site, and guest reviews8.1 We reserve the right to change, modify, or remove the contents of the Site at anytime or for any reason at our sole discretion without notice. We also reserve the right tomodify or discontinue all or part of the Services without notice at any time.
8.2 We cannot guarantee the Site and Services will be available at all times. We mayexperience hardware, software, or other problems or need to perform maintenancerelated to the Site, resulting in interruptions, delays, or errors. You agree that we haveno liability whatsoever for any loss, damage, or inconvenience caused by your inabilityto access or use the Site or Services during any downtime or discontinuance of the Siteor Services.We are not obliged to maintain and support the Site or Services or to supplyany corrections, updates, or releases.
TERMS AND CONDITIONS
.8.3 There may be information on the Site that contains typographical errors,inaccuracies, or omissions that may relate to the Services, including descriptions,pricing, availability, and various other information. We reserve the right to correct anyerrors, inaccuracies, or omissions and to change or update the information at any time,without prior notice.
8.4 Only customers who have stayed at the Accommodation will be invited by Westayto comment on their stay at the relevant accommodations and to provide a score forcertain aspects of their stay or may receive a rating request during their stay. Thecompleted guest review (including submitted rating during your stay) may be (a)uploaded onto the relevant Trip Provider's information page on our Platform for the solepurpose of informing (future) customers of your opinion of the service (level) and qualityof the Trip Provider, and (b) (wholly or partly) used and placed by Westay at its solediscretion (e.g. for marketing, promotion, or improvement of our service) on ourPlatform or such social media platforms, newsletters, special promotions, apps, or otherchannels owned, hosted, used, or controlled by Westay.
Westay will not accept reviews which include:
- Profanity, sexually explicit, hate speech, discriminatory, threats, violence- Mention of full names, personal attack towards the staff
- Promoting illegal activities (e.g. drugs, prostitution)
- Sites, emails and addresses, phone numbers, cc details
- Politically sensitive comments
9. Pre-payment, cancellation and no-show.
By making a Trip Reservation with a Trip Provider, you accept and agree to therelevant cancellation and no-show policy of that Trip Provider, and to anyadditional (delivery) terms and conditions of the Trip Provider that may apply toyour Trip (including the fine print of the Trip Provider made available on ourPlatform and the relevant house rules of the Trip Provider), including for servicesrendered and/or products offered by the Trip Provider. The relevant(delivery/purchase/use/carrier) terms and conditions of a Trip Provider can beobtained with the relevant Trip Provider. The general cancellation and no-showpolicy of each Trip Provider is made available on our Platform on the Trip Providerinformation pages, during the reservation procedure and in the confirmation emailor ticket (if applicable). Please note that certain rates, fees or special offers are noteligible for cancellation, refund or change. Applicable city/tourist tax may still becharged by the Trip Provider in the event of a no-show or charged cancellation.
Please check the (reservation) details of your product or service of choicethoroughly for any such conditions prior to making your reservation. Please noteTERMS AND CONDITIONS
.that a Trip Reservation which requires down payment or (wholly or partly)prepayment may be cancelled (without a prior notice of default or warning) insofarthe relevant (remaining) amount(s) cannot be collected in full on the relevant dueor payment date in accordance with the relevant payment policy of the TripProvider and the reservation. Cancellation and prepayment policies may vary persegment, product or service of each Trip.. Please carefully read the fine print(below the Trip types or at the bottom of each Trip Provider page on our Platform)and important information in your reservation confirmation for additional policiesas may be applied by the Trip Provider (e.g. in respect of age requirement, securitydeposit, non-cancellation/additional supplements for group bookings, extrabeds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit orcredit card details, invalid credit/debit cards or insufficient funds are for your ownrisk and account and you shall not be entitled to any refund of any (nonrefundable) prepaid amount unless the Trip Provider agrees or allows otherwiseunder its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your Trip Reservation, please revert to theconfirmation email and follow the instructions therein. Please note that you may becharged for your cancellation in accordance with the Trip Provider's cancellation,(pre)payment and no-show policy or not be entitled to any repayment of any(pre)paid amount. We recommend that you read the cancellation, (pre)paymentand no-show policy of the accommodation provider carefully prior to making yourreservation and remember to make further payments on time as may be requiredfor the relevant reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day,make sure to (timely/promptly) communicate this with the Trip Provider so theyknow when to expect you to avoid cancellation of your Trip (Reservation) or chargeof the no-show fee. Our customer service department can help you if needed withinforming the Trip Provider. Westay does not accept any liability or responsibility forthe consequences of your delayed arrival or any cancellation or charged no-showfee by the Trip Provider.
10. Disclaimer/Limitation of Liability
10.1 The Site and Services are provided on an as-is and as-available basis. You agreethat your use of the Site and/or Services will be at your sole risk except as expressly setout in these Terms and Conditions. All warranties, terms, conditions and undertakings,express or implied (including by statute, custom or usage, a course of dealing, orcommon law) in connection with the Site and Services and your use thereof including,without limitation, the implied warranties of satisfactory quality, fitness for a particularpurpose and non-infringement are excluded to the fullest extent permitted byapplicable law.
TERMS AND CONDITIONS
.We make no warranties or representations about the accuracy or completeness of theSite’s content and are not liable for any (1) errors or omissions in content: (2) anyunauthorized access to or use of our servers and/or any and all personal informationand/or financial information stored on our server; (3) any interruption or cessation oftransmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses,or the like which may be transmitted to or through the site by any third party. We willnot be responsible for any delay or failure to comply with our obligations under theseTerms and Conditions if such delay or failure is caused by an event beyond ourreasonable control.
10.2 Our responsibility for loss or damage suffered by you:Whether you are a consumer or a business user:
● We do not exclude or limit in any way our liability to you where it would be unlawful todo so. This includes liability for death or personal injury caused by our negligence or thenegligence of our employees, agents or subcontractors and for fraud or fraudulentmisrepresentation.
● If we fail to comply with these Terms and Conditions, we will be responsible for loss ordamage you suffer that is a foreseeable result of our breach of these Terms andConditions, but we would not be responsible for any loss or damage that were notforeseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation ofLiability section, our liability to you for any cause whatsoever and regardless of the formof the action, will at all times be limited to a total aggregate amount equal to the greaterof (a) the sum of $100 or (b) the amount paid, if any, by you to us for the Services/Siteduring the six (6) month period prior to any cause of action arising.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (includingnegligence), breach of statutory duty, or otherwise, even if foreseeable, arising underor in connection with:
TERMS AND CONDITIONS
.● use of, or inability to use, our Site/Services; or
● use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
● loss of profits, sales, business, or revenue;
● business interruption;
● loss of anticipated savings;
● loss of business opportunity, goodwill or reputation; or● any indirect or consequential loss or damage.
If you are a consumer user:
● Please note that we only provide our Site for domestic and private use. You agree notto use our Site for any commercial or business purposes, and we have no liability to youfor any loss of profit, loss of business, business interruption, or loss of businessopportunity.
● If defective digital content that we have supplied, damages a device or digital contentbelonging to you and this is caused by our failure to use reasonable care and skill, wewill either repair the damage or pay you compensation.
● You have legal rights in relation to goods that are faulty or not as described. Adviceabout your legal rights is available from your local Citizens' Advice Bureau or TradingStandards office. Nothing in these Terms and Conditions will affect these legal rights.
11. Term and Termination
11.1 These Terms and Conditions shall remain in full force and effect while you use theSite or Services or are otherwise a user of the Site, as applicable. You may terminateyour use or participation at any time, for any reason, by following the instructions forterminating user accounts in your account settings, if available, or by contacting usat firstname.lastname@example.org.
11.2 Without limiting any other provision of these Terms and Conditions, we reserve theright to, in our sole discretion and without notice or liability, deny access to and use ofthe Site and the Services (including blocking certain IP addresses), to any person forTERMS AND CONDITIONS
.any reason including without limitation for breach of any representation, warranty orcovenant contained in these Terms and Conditions or of any applicable law orregulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach ofthese Terms and Conditions or of any applicable law or regulation, we may terminateyour use or participation in the Site and the Services or delete your profile and anycontent or information that you posted at any time, without warning, in our solediscretion.
11.3 If we terminate or suspend your account for any reason set out in this Section 9,you are prohibited from registering and creating a new account under your name, a fakeor borrowed name, or the name of any third party, even if you may be acting on behalfof the third party. In addition to terminating or suspending your account, we reserve theright to take appropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.
12.1 Visiting the Site, sending us emails, and completing online forms constituteelectronic communications. You consent to receive electronic communications and youagree that all agreements, notices, disclosures, and other communications we provideto you electronically, via email and on the Site, satisfy any legal requirement that suchcommunication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and otherrecords and to electronic delivery of notices, policies and records of transactionsinitiated or completed by us or via the Site. You hereby waive any rights orrequirements under any statutes, regulations, rules, ordinances or other laws in anyjurisdiction which require an original signature or delivery or retention of non-electronicrecords, or to payments or the granting of credits by other than electronic means.
12.2 These Terms and Conditions and any policies or operating rules posted by us onthe Site or in respect to the Services constitute the entire agreement and understandingbetween you and us.
12.3 Our failure to exercise or enforce any right or provision of these Terms andConditions shall not operate as a waiver of such right or provision.
TERMS AND CONDITIONS
.12.4 We may assign any or all of our rights and obligations to others at any time.
12.5 We shall not be responsible or liable for any loss, damage, delay or failure to actcaused by any cause beyond our reasonable control.
12.6 If any provision or part of a provision of these Terms and Conditions is unlawful,void or unenforceable, that provision or part of the provision is deemed severable fromthese Terms and Conditions and does not affect the validity and enforceability of anyremaining provisions.
12.7 There is no joint venture, partnership, employment or agency relationship createdbetween you and us as a result of these Terms and Conditions or use of the Site orServices.
12.8 A person who is not a party to these Terms and Conditions shall have no right underthe Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms andConditions.
12.9 In order to resolve a complaint regarding the Services or to receive furtherinformation regarding use of the Services, please contact us by emailat email@example.com or by post to:
Level 1 Gate Avenue, DIFC,
Dubai, United Arab Emirates