1. Scope, amendment of General Terms and Conditions
The General Terms and Conditions (GTC) below apply to the platform www.Kstay.co.uk.
(Also: “platform”). This is a service of KstayUK Ltd (“Kstay.co.uk” or “we” or “us” or “our”).
“Users” within the sense of these General Terms and Conditions are natural and legal persons who have registered and whose registration has been confirmed by Kstay.co.uk.
Kstay offers the usage of its platform, in particular, the use of the database, solely based on these General Terms and Conditions.
Users consent to the validity of these General Terms and Conditions by registering for or using our services.
Kstay reserves the right to amend its General Terms and Conditions effective for the future if economic or legal grounds necessitate an adjustment. The amendments will not become part of the agreement until the user consents to such modifications. It is sufficient for this purpose that Kstay sends the new version of the General Terms and Conditions to the e-mail address the user provided for information purposes. If the user does not contradict the General Terms and Conditions amendments within one week, consent will be considered to have been granted.
Conflicting user terms and conditions have no effect, even if Kstay does not contradict them.
2. Performance by Kstay.co.uk, performance by providers
The platform is an online marketplace where users can offer and rent apartments, houses, rooms, or other accommodations (“accommodation”).
Kstay provides a platform on which users can communicate with each other and conclude agreements. Kstay itself does not offer any accommodation; it merely acts as an intermediary for the conclusion of agreements between Users.
Leases are concluded exclusively between the user providing the accommodation (“provider”) and the user renting the accommodation (“tenant”). Kstay is not a party to the leases concluded between the website’s users. However, Kstay is entitled to act as a representative for the provider with the authority to conclude agreements and contracts on its behalf. However, each provider and the tenant are responsible for satisfying their contractual obligations. Kstay is not responsible for ensuring the fulfilment of duties by the provider or the tenant. In the event of default by a provider or tenant defaults, the defaulting party is responsible for remedying the default or compensating the tenant. Kstay will facilitate communication between the parties and transmit the contact data of both parties for this purpose.
Kstay is not responsible for the accuracy with which photographs and descriptions depict accommodation on the platform. Kstay cannot and does not assume responsibility for verifying any User’s identity. Kstay does not examine the legality, accuracy or completeness of offers published on the platform or user content, these do not represent the views of Kstay.co.uk. Kstay is not responsible for third-party offerings or content.
Providers can apply their terms and conditions to the accommodation they are renting that do not affect the General Terms and Conditions of Kstay.co.uk.
Providers and tenants are responsible for fulfilling their respective obligations under applicable law.
Providers are responsible for paying applicable taxes.
3. Registration, the realization of the User agreement, contractual declarations
User registration is required for the use of Kstay.co.uk’s offering. Registration is free of charge and requires that Users accept Kstay.co.uk’s General Terms and Conditions. The User Agreement between Kstay and the User arises on receipt of the registration confirmation e-mail at the e-mail address provided by the User.
You must be 18 or older to use our service. The Kstay Platform or register an account. By accessing or using the Kstay Platform, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
To specify that users must have knowledge of operating a kosher kitchen to register for an account, you can rephrase the policy as follows:
Registration for an account is available to natural persons and entities. The registration of an entity may only be performed by a natural person with the authority to sign on behalf of the entity. When registering, individuals must demonstrate knowledge of operating a kosher kitchen; therefore, only those with such knowledge may create an account.
When registering, the user undertakes to provide accurate, up-to-date and complete information as required by the registration form, including first and last name, current address (not a PO box), valid e-mail address and, where appropriate, the name of the company and an authorized representative. The data must be up-to-date and correct at all times. Multiple registrations under different member names are prohibited. The member’s name cannot be an e-mail or Internet address, must not violate third-party intellectual property rights, and must conform to the bounds of common decency. After registration, the user will be assigned a password and User name for the User account.
Accepting these general terms and conditions allows the user to receive newsletters and similar information via e-mail. The user can revoke his consent at any time without any cost.
It is the goal of Kstay to reduce the volume of SPAM delivered via the Rental Information and Availability Request (Inquiry) form. To that end, inquiries may be monitored and filtered by Kstay before delivery to Kstay members. Kstay staff members may read questions. Despite Kstay filtering efforts, some SPAM inquiries will likely be delivered anyway. It is also likely that some non-SPAM queries may not be delivered due to Kstay filtering efforts.
Rental inquiries are delivered via Internet e-mail and are not considered private. Internet e-mail delivery is not 100% reliable, and Kstay cannot be held responsible for undelivered inquiries or missed income due to undelivered inquiries. Kstay, at its discretion, may supply to potential renters the direct e-mail address and or phone number of Kstay advertisers to make a rental inquiry.
4. User obligations, User account
The user is solely responsible for all content uploaded to the platform. The user undertakes not to place illegal content on the platform and to refrain from any actions that violate applicable laws.
Kstay.co.uk’s listings are designed to advertise ONE PROPERTY in ONE LOCATION. Each listing may only relate to one specific property. Another property may not substitute the property in a listing.
The provider ensures that the accommodation offered is described correctly and completely. The user shall input the information in Kstay.co.uk’s required fields so that the accommodation and the offer are described precisely and accurately. In addition, the provider has the right to add additional conditions, such as the amount of any deposit, the cost of final cleaning, cancellation policy, etc. The user undertakes to keep the information in its user account up-to-date and accurate at all times and to update it immediately in the event of a change.
The user undertakes to be the sole user of its user account and to keep its password secret.
The user is liable to Kstay for all actions performed using its user account.
If a User becomes aware that third parties have access to its User data or have otherwise gained access to its User Account, the user shall immediately notify Kstay.co.uk. Kstay reserves the right to freeze the User account until further notice.
Each user must independently verify the identity of their respective contract partner. Kstay accepts no liability for the accuracy of the User contact information entered on the platform.
Users shall not use addresses, contact data, or e-mail addresses obtained through the website for any purpose other than for communication with potential contract partners. Users shall not share this data with unauthorized persons or use the data for advertising purposes unless the user in question has expressly granted consent to such use in advance.
The user is prohibited from sending mass messages via the platform. Any spamming or harassing action towards other Users or third parties is not permitted.
Each user is personally responsible for archiving any information that can be viewed on the website and saved by Kstay that is required for the preservation of evidence, accounting, etc., on a storage medium independent of Kstay.co.uk.
If a user violates these General Terms and Conditions, Kstay reserves the right to exercise its duties as administrator of the platform. Kstay has the right to exclude the user from using its services, delete the user’s content, or take other measures. Kstay will take legal action to exercise its legitimate rights to forbearance and compensation.
5. Handling of content and rights
The platform allows providers to present information to potential tenants using various media. Users shall ensure that information presented in any media infringes any person’s intellectual property rights or otherwise violates these General Terms and Conditions.
To promote the Kstay Platform and to increase the exposure of Listings to potential Buyers, Kstay Listings and other Content may be displayed on other websites, in applications within e-mails, and online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Kstay cannot guarantee the accuracy or quality of such translations, and Members are responsible for reviewing and verifying the accuracy of such translations. Our platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose, and non-infringement.
We can access your account anytime and, if needed, view the conversation.
Kstay reserves the right to require that Listings have a minimum number of Images of a specific format, size and resolution.
The placement and ranking of Listings in search results on the Kstay Platform may vary and depend on a variety of factors, such as search parameters and preferences, Host requirements, price and calendar availability, number and quality of images, customer service, and cancellation history, Reviews and Ratings, type of Host Service, and ease of booking.
Each user is solely responsible for the multimedia content uploaded to Kstay and now indemnifies Kstay against all third-party claims resulting from such uploaded content and related legal costs incurred by Kstay.co.uk.
Each user shall ensure that his uploaded content does not violate applicable laws, community standards, or third-party rights. The user also undertakes not to utilize content that is pornographic, glorifies violence, or offensive. These restrictions also apply to the content of e-mails and other electronic communication media of the platform.
By uploading multimedia content, a User grants Kstay a free, revocable, unlimited, non-local right of use with the freedom of sublicense to any multimedia content uploaded to Kstay by the user. The right of use includes the right to process the multimedia content for purposes of the platform and to make it available to the public offline, in printed or electronic form, by wired or wireless connection, in such a way that it is accessible to members of the public at places and times of their choosing, including playback on a receiver terminal that allows online access, including desktop and laptop computers and mobile handheld devices such as smartphones, tablets and similar equipment. The usage rights also include the right to integrate multimedia content, including advertising media, on websites from Kstay.co.uk’s contractual partners.
The content provided by Kstay is protected by copyright. It is prohibited to use technologies such as web spiders, crawlers, or similar programs, the purpose of which is not just the indexing of content but also the mass accessing and saving of the platform’s content or so-called screen scraping of other third-party services.
If a User violates any of these General Terms and Conditions, Kstay has the right to exclude content, delete and block content, and delete the user’s pages and any links to them. In such case, the user shall have no right to restore its multimedia content on the internet platform or release its deleted User profile.
6. Availability and amendment of the website
No User has an irrevocable right to use the platform. Kstay is not required to ensure that the platform is available or accessible at all times. However, Kstay endeavors to maintain the platform’s operation with minimal disruptions and to continue developing it in line with User requirements.
Kstay has the right to temporarily restrict access for security, integrity, capacity limits, or maintenance performance. In such cases, Kstay will notify users of any planned service disruptions.
7. The booking process, payment, invoicing.
When a provider lists an accommodation on the Kstay website, this is an invitation to potential tenants to request a booking.
Every provider must ensure that:
the description of the accommodation and any images thereof do not violate the law or any third-party rights, and they relate only to the accommodation offered.
Uploaded information does not reference third-party content.
The provider complies with applicable laws and regulations, such as income and sales tax obligations. The provider is solely responsible for performing any duties concerning an accommodation offer. Kstay reserves the right to verify the content of any offer and requires that the user provide satisfactory evidence that such content is accurate. Refunds from Kstay will be paid to the user using the same method chosen within section 8.
8. The following provisions shall govern payment:
At the end of the booking process, a total price will appear, consisting of the rent amount and the processing fee. After a booking, Kstay notifies Users of the booking terms and the full price.
Kstay reserves the right to change the amount of its processing fee at any time. No such change will apply to leases already concluded. Kstay will send an e-mail to a provider’s booking inquiry stating the processing fee amount.
The tenant shall pay the price shown in the booking in one or more installments using the method chosen in the booking process. Kstay will receive the money from the tenant on behalf of the provider and hold it for the provider in a non-interest-bearing trust account. The receipt of payment by Kstay legally obligates the tenant to fulfill the lease contract.
After the booking is complete, If the tenant does not gain entry to the accommodation by the agreement, the tenant has the right to revoke this instruction to Kstay.co.uk. Any revocation of instructions to Kstay must be made immediately and state the reason for the cancellation.
Kstay will deduct the processing fee from the total payment received before transferring funds from the trust account to the provider.
Users can offset Kstay processing fees against receivables only if these are due and have been legally established or are undisputed. Receivables cannot be transferred to third parties.
On request, the provider shall issue the tenant an invoice for the total price. On appeal, Kstay will give the provider an invoice for the processing fee.
Kstay assumes that each provider satisfies applicable income and sales tax obligations. On request, the provider will provide to Kstay evidence of its compliance with applicable tax laws.
The provider reserves the right to charge for utilities (including electricity, water, and gas). The provider shall advise the tenant in advance of any such charges before concluding the agreement. Such costs and any security deposit are not taken into account in the calculation of the processing fee.
Users are prohibited from circumventing the above booking and payment processes, including the processing fees.
Security deposit
The provider has the right to require a security deposit. The security deposit amount and payment method must be stipulated before the booking.
Suppose the provider did not provide notice of the security deposit required when advertising its accommodation but later notified the tenant of such a requirement. In that case, the tenant shall have the right to cancel, and the provider will be considered the party that canceled the booking. In such a case, Kstay reserves the right to charge the provider a cancellation fee.
Kstay is not responsible for the administration of security deposits or any claims asserted by the provider.
9. Disputes with Other Users
If you are in dispute with another user of our Services or a third party, this should not be done on the Site. The matter should be solved, not on the site conversation platform.
If you cannot resolve the dispute between you and another user, we may step in to help determine the debate and take that user off the platform. We will assist in good faith based on our policies. However, we will not make judgments regarding legal issues or claims.
Whether you are a Buyer or a Seller of an item/service, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information about the dispute we request. Such requests will be directed to your designated e-mail address. If we cannot get a response from you, we may close the investigation or determine that the research has been resolved in favor of the other party.
10. Review system
The website allows users to write a review.
Reviews are intended to provide recommendations and other information regarding the Users.
The reviews are moderated in advance by Kstay.co.uk.
Users make only truthful statements in their reviews and comply with applicable laws. The thoughts expressed by Users shall not defame or degrade others. Reviews should include objective criticism only.
Any use of the review system contrary to Kstay policies is prohibited. Users may not submit reviews of themselves or arrange for third parties to include information in reviews that is not related to the performance of the agreement.
Kstay reserves the right to amend or remove reviews when necessary or appropriate. Reviews cannot otherwise be altered after posting. Reviews are saved in a user’s reviews profile and can be viewed by all Users. Kstay reserves the right to add clarifying information to a review. Kstay will automatically publish a one-star review when a provider has canceled a booking.
If any reviews violate our policies, Kstay has the right to delete the review and take the actions provided in section 12. This is justified if:
Kstay is required to remove the review by a court order;
the comment contains remarks that are vulgar, obscene, racist, unsuitable for minors, or criminally offensive;
the review contains another person’s personal information, such as name, address, telephone number, or e-mail address;
the review contains unauthorized links or scripts;
a negative review erroneously refers to the wrong user;
the review was written by a person who was not authorized to make the booking;
The review comes from a user whose user account was blocked by Kstay within 90 days of registration. This does not apply to User accounts that are blocked for non-payment of a processing fee or in situations where Users have the right to remedy a problem and restore their user account.
Both parties to an agreement can agree to withdraw a review.
11. Duration, termination
The User Agreement shall continue indefinitely.
A User can terminate the User Agreement at any time by sending written notice to Kstay (e.g., via letter, or e-mail). Termination will not affect any bookings already completed or arranged with another User.
Kstay has the right to terminate a user agreement at any time.
Kstay reserves the right to block a User or terminate a user agreement for cause. Cause includes any of the following:
The user does not satisfy a payment obligation in whole or in part and has been sent a notice with a reasonable remedy period;
The user violates these General Terms and Conditions and does not take remedial action despite being sent a notice with a reasonable remedy period. Information is not required in the case of a fundamental breach of the user’s obligations or a record of repeated violations;
Termination is required by law, court order, or any governmental authority;
Kstay discontinues its platform or business activities;
Bankruptcy proceedings are initiated against the user.
12. Illegal conduct or breach of contract by the user
If there is evidence that a User is violating the law, infringing third-party rights, violating the General Terms and Conditions, or if Kstay otherwise considers such action necessary or appropriate (e.g., to protect other Users from fraudulent activities), Kstay has the right to take one or more of the following actions subject to termination without notice:
Issue the user a warning;
Delete the user’s offers or other content;
Restrict the user’s use of the website;
Temporarily or permanently block the user from the website;
Cancel any agreement in the name of a provider or reject a user’s offer in the name of a provider.
Offers will not be deleted retroactively after a tenant has completed a stay.
Kstay reserves the right to block a user in any of the following cases:
the user has repeatedly received negative reviews;
the user has provided incorrect contact information in its user account, including an incorrect or invalid e-mail address;
a user account is transferred to a third party;
a user causes significant harm to other Users, including physical damage to accommodations or furnishings that are damaged, destroyed, stolen, etc.;
a user shows a capture rate significantly lower than the average rate.
After Kstay.co.uk has permanently blocked a User, the user has no right to have the blocked user account or the reviews profile restored. The user will not be permitted to use the website with other user accounts or open a new User account.
13. Kstay.co.uk’s liability
Kstay shall not be liable for damages except for damages caused with willful intent or by gross negligence of Kstay.co.uk, its employees, or agents.
As Kstay is not a party to the contractual relationship between tenant and provider, Kstay has no liability for contracts for accommodation.
Each user agrees to defend, indemnify and hold harmless Kstay and any of its officers, directors, employees, and agents against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought or occasioned by third parties alleging, arising out of, or in connection with (a) any content uploaded by another User; (b) any third party content or the Site; (c) any breach by such user of these Terms of Use or the documents referenced herein; (d) any violation by such user of any law or the rights of a third party; or (e) the use by a User of any accommodation.
Closing provisions
Kstay is authorized to transfer its rights and obligations under this agreement in whole or part to third parties.
If individual provisions of these General Terms and Conditions are or become wholly or partially invalid, the other General Terms and Conditions are still valid.
All notices to be sent in connection with the User agreement must be in writing and sent by letter or e-mail. The mailing address and e-mail address of a User are those that are stated as the current contact data in the User’s User account.