General Terms and Conditions of Use

By accessing or using our site you agree to be bound by these general terms and conditions of use ("Terms of Use") and our Privacy Policy. This is true regardless of whether you are a property owner or agent for property owners (an "Owner") placing advertisements on www.everystay.com ("our Site")  or receiving booking enquiries from our site or a person using our site other than to advertise holiday homes (a "Guest").

Our Parent Company is EveryStay Holding UG, registered at the Local District Court of Mannheim, Germany, with the number HRB 726243.

Please read the Terms of Use thoroughly before using our site. Please do not use our site if you do not agree to the Terms of Use.

We do not authorise anyone to create an account on our Site unless they are able to enter into legally binding contracts.

We may revise these General Terms of Use at any time by posting an updated version to this web page. These terms were last updated on 04/02/2019 in order to incorporate our new Pay-as-you-go-Wallet payment model. You should visit this page regularly to view the most current Terms of Use because they are binding on you.

Information about us

Our site is operated by EveryStay LTD ("we", "us", "our"). We are registered in England and Wales under company number 10342010 and have our registered office at 84 Eccleston Square, Thomas House, London SW1V 1PX.

We are a listing and advertising service for Owners and an accommodation search facility for Guests. We do not own, inspect or provide content for any of the properties advertised on our site.

OUR SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS MAY CREATE LISTINGS FOR ACCOMMODATIONS AND GUESTS MAY LEARN ABOUT AND BOOK ACCOMMODATIONS DIRECTLY WITH THE OWNER.

YOU UNDERSTAND AND AGREE THAT WE ARE NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNER AND GUEST, NOR ARE WE A REAL ESTATE BROKER, AGENT OR INSURER. WE HAVE NO CONTROL OVER THE CONDUCT OF OWNERS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIM ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We do not have any obligation to screen or inspectany property. The order in which to display properties in search results and whether or not to include any property in search results is entirely at our discretion. This includes the decision to exclude or remove any property from our site for any or no reason.

Owners are responsible for ensuring that they have all necessary rights, licenses and authorisations to rent out their listings as advertised. Guests have the sole responsibility to pay for any rental.

We have absolutely no involvement in the booking process or transaction. We merely facilitate booking requests or enquiries from Guests to Owners. We make no claims as to the quality, safety or legality of any of the properties advertised. Neither can we confirm the accuracy of the advertisements or their content.

Material on Our Site

All copyright, database rights, trademarks and design rights in our site and in the material published on it belong to us, our Parent Company, our licensors or Owners.

You may download material from our site for the sole purpose of using our site, but you must not copy, transmit, modify, republish, save, pass off or link to any content or material on our site without our prior written consent.

Owners, Guests or any other person shall not use our site for any marketing or advertising purposes which are not permitted by us. Any such use of our site shall, in our discretion, result in us refusing to list any property and/or discontinuing the ability of the person infringing this provision from using our site.

Your safety

Consideration should always be given to the nature of advertisements and contracts transacted on the Internet, and the risks involved. Guests and Owners will agree rental terms directly and you must therefore proceed with care and judgement when using our site.

As an Owner, please make sure that you have appropriate insurances and safeguards in place when dealing with Guests directly. We cannot be held liable for damaged property or loss of booking revenue.

As a Guest, please make sure that you are comfortable making payments to Owners that you meet on our Site when requested to do so. It is common industry practice to request non-refundable deposits in order to secure a booking. We undertake reasonable efforts to only admit genuine Owners to our Site but we cannot accept any liability for illegal behaviour by criminals.

Claims

Any contract for the rental of any property listed on our site is directly between an Owner and a Guest (each a "Booking Contract") and we are not a party to that contract.

In recognition of this, you acknowledge that any claim you may have that is in any way connected with a dispute you have with an Owner on our site must be brought directly against that Owner and not against us. 

If a Guest enters into a dispute with an Owner, alternative methods for resolving that dispute are available online here - http://ec.europa.eu/consumers/odr/

Property Listings and Interaction with Owners

Please note that Owners are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated. Thus, where a Listing is linked to an automated translation facility, such as Google Translate, it is the Owner’s responsibility to ensure that the resulting translation is accurate, and to correct any deficiencies in it.

If you are an owner of listing that contains incorrect information, please login to your account or contact our customer support.

If Guests find a Property in which they are interested, they can send an information request to the Owner (an “Enquiry” or “Enquiries”) stating their name, surname, e-mail address and telephone number, along with any requested information, without having to log in to the Site for the purpose. By sending an Enquiry and submitting your email address, you agree to receive communications from us regarding this Enquiry. You can opt out of receiving these communications at any time by clicking on the unsubscribe link or by contacting us at Customer Support.

The Guest will receive a confirmation from us once an Enquiry has been sent to the Owner.

The Owner may then communicate with the Guest directly in connection with the Enquiry and Guests and Owners may also communicate with each other via the Site (and via other tools on the Everystay platform).


Enquiries sent by a Guest to an Owner on the Site, may include Guest’s personal information (including email address, phone numbers and other information the Guest provides). We process this personal information (personal data) in accordance with our Privacy Policy. For further information on Owners’ processing of personal data, please see further information under “Personal Data and Data Protection” below.

We may, from time to time, use third party e-mail servers to send and track receipt of the Enquiry emails, and analyse the pattern of Enquiry usage reported by these third party tracking systems.

Please print a copy of any message which is important to you – for example a payment receipt or a booking confirmation sent to you by an Owner.

Listings and Subscriptions

Registration

Owners become users of our Site by registering and creating listing.

Owners are also responsible for giving accurate and complete information about their Property and keeping such information up to date. We reserve the right to disable an Owner’s usage of our Site temporarily or permanently if he or she provides wrong or incomplete information. 

Upon registration Owners will receive an account where they can add and manage all data about their Property. This account is protected by a password that is either automatically generated or chosen by the Owner. Owners are advised to treat their account login details as confidential and report to us any third-party abuse.

Guests become users of our Site by submitting an Enquiry either on our Site or an affiliate search partner site.

Personal Data and Data Protection

We are the data controller for the purposes of the Data Protection Act 1998 and, from 25th May 2018, the EU General Data Protection Regulation 2016/679 (GDPR) and we will be bound by the Privacy Policy in relation to the storage and use of your personal data.

We transfer Guests’ personal data to Owners, which is done on the lawful bases of contract and legitimate interests, in accordance with our Privacy Policy. Owners will therefore become data controllers in respect of this shared personal data of Guests (‘Shared Personal Data’) and have their own obligations to protect such personal data under the GDPR. Each party shall comply with all the obligations imposed on a data controller under the GDPR, and any material breach of the GDPR by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this agreement with immediate effect.

We ensure that our processing of personal data (including transfers of Shared Personal Data to Owners) is conducted in accordance with the GDPR, as set out below. Owners shall comply with the obligations, mutual assistance terms below, however, we are otherwise not responsible for Owners’ processing of personal data and Guests should seek more information from Owners themselves about the protection of their personal data and their rights under the GDPR. After an unsuccessful booking enquiry Owners will need to have their own lawful basis (or bases) for further processing of Guest data and contacting Guests regarding anything unrelated to the specific booking enquiry.

Obligations

Each party (we, Guests and Owners) shall:

  1. ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to each other, their employees and any approved third parties (‘Permitted Users’), for the purposes of this agreement;
  2. give full information to any data subject whose personal data may be processed under this agreement of the nature such processing. This includes giving notice that, on the termination of this agreement, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;
  3. process the Shared Personal Data only as agreed in these terms;
  4. not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
  5. ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this agreement;
  6. ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the other party, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
  7. not transfer any personal data received from the Data Discloser outside the EEA unless the transferor:

a.  complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller);

and

b.  ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.

Mutual assistance

Each party shall:

  1. consult with the other party about any notices given to data subjects in relation to the Shared Personal Data;
  2. promptly inform the other party about the receipt of any data subject access request;
  3. provide the other party with reasonable assistance in complying with any data subject access request;
  4. not disclose or release any Shared Personal Data in response to a data subject access request without first consulting the other party wherever possible;
  5. assist the other party, at the cost of the other party, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
  6. notify the other party without undue delay on becoming aware of any breach of the Data Protection Legislation;
  7. at the written direction of the other delete or return Shared Personal Data and copies thereof to the other on termination of this agreement unless required by law to store the personal data;
  8. use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;
  9. maintain complete and accurate records and information to demonstrate its compliance with this clause and allow for audits by the other party or the other party's designated auditor; and
  10. provide the other party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation, including the joint training of relevant staff, the procedures to be followed in the event of a data security breach, and the regular review of the parties' compliance with the Data Protection Legislation.

Indemnity

Each party shall indemnify the other against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the indemnified party arising out of or in connection with the breach of the Data Protection Legislation by the indemnifying party, its employees or agents, provided that the indemnified party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.

Prices and Property Data

Our site enables Owners to advertise their holiday properties to Guests for rent. Listing your property is free if you use our self-signup/self service tool. If we help you with uploading your listing data (‘onboarding’), we may charge you a fee for our efforts which we will specify in writing.

In order to receive booking enquiries, the Owner is required to pay a fee to us - either on an annual or monthly basis and depending on the type of contract (either Annual Subscription, ‘Pay per Enquiry’ or ‘Pay per Lead’). Prices shown on our website apply unless otherwise agreed in writing. We may update these prices from time to time, but not without notifying the Owner if such changes will affect an existing contract.

Annual Subscription: The Owner pays an annual fee per listing to be displayed on our site. There is no charge per click/enquiry etc.Note: We have stopped offering Annual Subscription contracts as of January 2019.

Pay per Enquiry: The Owner pays an agreed fee per Enquiry. Every time the Owner receives a booking enquiry via EveryStay, the agreed fee is charged.

Pay per Lead: This works the same way as ‘Pay per Enquiry’ with the difference that enquiries by Guests that have previously enquired to the Owner (for the same or other listings) within a 21 time frame are not charged. These are deemed as already known to the Owner. A new Enquiry 21 days later however is deemed to be a new Lead.

You will be charged for all unique email leads received from the previous months. Should you receive a booking enquiry for one of your properties and we have displayed the information incorrectly, please report this to one of our helpful team, within 48 hours of receipt. All reports will be investigated and should we find that the technology has made a mistake, we will happily not charge you for the booking enquiry received. You can always contact us should you have any questions or queries at support@everystay.com.

For each listing an Owner can upload respective descriptions, images and prices. Owners need to ensure that descriptions, images and any other uploaded content do not violate any third-party’s intellectual property or trade mark rights. Further the Owner warrants that none of the uploaded content contains illegal content, pornography or offensive language. Owners and users of listing accounts are liable for the content they upload.

We reserve the right to amend shorten or not at all display uploaded content. Owners are aware and agree that images may be subject to changes of colour, aspect ratio and appearance due to necessary compression measures. Owners assign to us (Everystay LTD) a non-exclusive, sub-licensable, royalty-free, transferrable, global license for the usage of any content uploaded or published by the Owner to and on our site. This license for each content item expires when the Owner deletes such content items or the entire listing from our site or when the contract with us is terminated. Payment terms and methods are subject to the terms published on our site from time to time.

Guests are not charged for the usage of our site or for making booking enquiries.

Contract Terms

By completing the checkout process via the owner account or signing a Business Service Agreement (BSA) , the Owner applies for a listing of such Property on our site and agrees to the fees stated. The contract between us and the Owner is entered into once we agree in writing or signal agreement by publishing the listing. We reserve to reject listings at our sole discretion. The initial term of the contract is subject to the conditions published on our site or in the specific BSA signed by both EveryStay and the Owner. Terms stated in a BSA overrule terms stated in these T&Cs.

Unless agreed otherwise a contract is entered into for a 12-month term. Owners are free to choose from different contract term durations if such are on offer at the time. Early termination of the contract is not possible.

Should an Owner wish to add further listings to his Subscription account during the initial contract term, then the term of those additional listings will be equal to the remaining contract duration of the initial contract and charged on the same basis. Additional listings in a Pay per Enquiry or Lead account will incur the same per Enquiry/Lead charges existing listings.

Contract Renewal and Termination

Annual Listing Contracts and Pay Per Enquiry/Lead Contracts automatically renew for the duration of the initial term but by no more than 12 months, unless agreed otherwise in writing. This way it a continuous publication of the listing is ensured during expiry and renewal. We reserve the right not to renew any contracts automatically.

Owners on Subscription Contracts have the possibility to turn off the auto-renewal during the contract term up to 1 month before expiry. This can be done via the Owner’s account on our Site in the section ‘Billing & Payments – Subscription’ or by contacting our customer support team. Deactivating the auto-renewal means giving notice to terminate the contract with us towards the end of the initial term. This is permissible at any time during the contract term up until 1 month before expiry. In case of such a termination we will continue to provide all services until the expiry date.

Terms of the renewed contract are subject to the terms on offer on our website on the date of renewal. Any rebates and special offers granted for the initial contract do not apply to the renewed contract. We reserve the right to review fees for the next renewal term to compensate for potentially rising costs in traffic acquisition. Should the terms for the renewal have changed to the Owner’s disadvantage compared to the initial contract terms then the Owner is entitled to immediately terminate the contract within two weeks after renewal.

Should the initial contract no longer be on offer on our Site then an automatic renewal is not possible. Owners then need to enter into a new contract subject to the terms offered on our Site at the time.

For the payment of fee for a renewed contract or enquiry/lead fees we will use the same payment method as used for the initial contract. Owners ensure that any payment details are still valid and up to date. Contracts with the payment methods ‘Invoice’, ‘Giropay’ or ‘SOFORT’ renew as described above. To ensure a continuous availability of the listing on our site, we will contact the Owner via Email or within his account for a new payment.

How we charge for our Service

We offer two types of payment methods for our Pay-per-Lead contract: Pre-Pay and Invoice.

By signing our BSA or putting money into your EveryStay account you agree to incur charges as per the agreed price per Enquiry or Lead.

Pre-Pay:

In order to activate your listings an Owner needs to provide a valid payment method that is used to add funds to the EveryStay account. The minimum required initial payment is indicated by the system.

The Owner has the option to authorize us to automatically charge the payment method on file with another pre-set amount whenever funds run low or to do so manually. Please note that listings will be deactivate as soon as funds in the account run low. Incurred Lead prices will be deducted from the account in real-time.

Due to synchronization issues, a negative balance in the account is technically possible. Please contact customer support or simply top-up your account or update your payment method.

If you would like to close your account please contact our support team in order to facilitate a refund of your account balance.

Invoice:

We offer this payment method to customers on an invite-only basis. We will send an invoice once the account balance exceeds 100 GBP but at least once every 3 months. Payment terms are net 30 days unless stated stated otherwise on each invoice.

Pay-per-Enquiry contracts are being phased out and were only available on Invoice.

Subscription contracts are no longer available but were available on a pre-pay payment plan.

Limitation of liability and responsibility

We act merely as an advertising service through which Owners can advertise properties to Guests. We do not own nor have we inspected nor do we have any control whatsoever over any property listed on our site and we make no representations or warranties regarding any of the properties.

While we require Owners to advertise properties truthfully, fairly and accurately, and we take reasonable steps to remove advertisements from our site following any complaint from a Guest or another Owner, we have no control over the accuracy of any advertisement or the capacity of any Owner to make a booking with a Guest.

As such, we disclaim all liability and responsibility for any loss or damage (including personal injury) suffered or incurred by you or another party arising from:

  1. any reliance by any user of our site, or by anyone who may be informed of any of its contents, placed on any advertisement, commentary and other materials posted on our site by Owners, or any error or mistake or inaccuracy contained in any statement, description, representation or other information made about or in connection with a property listed on our site;
  2. the act or omission of the Owner or any failure of the Owner to perform or comply with any of the terms of the contract between the Owner and you, including a failure to provide the property on the requested date (whether due to a double-booking or otherwise), or a failure to provide the property in the condition or with the amenities that such property was advertised on our site;
  3. any loss of or damage to personal possessions at a property; or
  4. any incident or occurrence which takes place at a property.

Although we will do our best to prevent intentional misuse of our site and the dissemination of harmful programs via our site, we will not be liable for any loss or damage caused by any intentional misuse of our site or the distribution of viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site.

If we are in breach of these terms or otherwise liable to you (including, without limitation, for our negligence), we will only be responsible for any direct damages or losses you incur that result from your use of our site up to the value of the fees (if any) that you have paid to us. We shall not be liable for any indirect losses or damages suffered by you. Our liability to you shall not in any event include business losses (which includes without limitation loss or corruption of data, loss of profits or contracts, loss of revenue, loss of anticipated savings in expenditure, or business interruption) as a result of our breach of contract or negligence or otherwise.

This does not affect our liability for fraudulent misrepresentation or if something we do negligently causes death or personal injury, nor any other liability which cannot be excluded or limited under applicable law.

If you consider any of the content of any videos, photographs or any other material posted on our site by any Owner to be offensive, discriminatory, defamatory or libellous or otherwise inappropriate ("Inappropriate Content"), please notify us of such content by sending us details of the content you consider to be inappropriate and the reason why you consider such content to be inappropriate.

Upon receipt of notification that any content is considered to be inappropriate, we will review such content and shall decide whether to remove such content from our site.

Copyright Complaint Policy - Infringement Notification:

If you believe in good faith that materials hosted on our site infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying us that your copyrighted material has been infringed.

Please provide the following information in the following format:

  1. A clear identification of the copyrighted work you claim was infringed.
  2. a clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our site, such as a link to and screenshots of the infringing material;
  3. your contact information so that we can reply to your complaint, including an email address and telephone number;
  4. include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
  5. include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

and

  1. the notice must be signed by the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on our site should be emailed to our copyright agent:

Subject: Legal Department

Copyright@everystay.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorney's fees) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above.

Interruptions in our service

The Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any on-going obligation or responsibility to operate our Site or any particular part of it.

Links from our site

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

No partnership or joint venture

Notwithstanding the joint data controller provisions above, nothing in these Terms of Use or in your use of our site creates, or is intended to establish, any partnership or joint venture between us.

Contractual Relationship

We act as agent for the Owner for purposes of onward distribution of advertisements. Except for this agency relationship, nothing in these Terms of Use or in your use of our site creates, or is intended to establish, any partnership, joint venture or similar relationship between us and the Owner.

For the avoidance of doubt, we never act as a principal in connection with any of the transactions or services available on or through our site.

As between the Guests and us, nothing in these Terms of Use or in their use of our site creates, or is intended to establish, any agency relationship, partnership or joint venture between us and Guests.

Law and jurisdiction

This Terms of Use is governed by law of England and Wales, and the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.

You agree to comply with all applicable laws, statutes and regulations concerning your use of our site.

Events beyond our control

We will not be in breach of this Terms of Use, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Invalidity

If a provision of this Terms of Use (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of this Terms of Use will not be affected.

Variations

We may revise this Terms of Use at any time by amending the applicable web page or by publishing notices elsewhere on our site. 

Notices

Any notices that you wish to send us should be emailed to us. Any notices that we may wish to draw to your attention to will be displayed on our site or through our newsletter communications.