WEBSITE TERMS OF SERVICE
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH DIGITAL STYLE LIMITED (“DIGITAL STYLE”, “US”, “WE”) PROVIDES YOU WITH ACCESS TO AND USE OF THE SERVICES LOCATED AT WWW.INNIRAN.COM (“WEBSITE”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE SERVICES OFFERED BY US.
IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS IF THEY WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOUR EMPLOYER.
PLEASE NOTE THAT CERTAIN CITIES MAY REQUIRE HOSTS TO OBTAIN PERMITS OR LICENCES BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT TERM BOOKINGS MAY BE COMPLETELY PROHIBITED. PLEASE CHECK FOR ANY SUCH RESTRICTIONS CAREFULLY BEFORE INCLUDING A LISTING ON THE WEBSITE.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR FUTURE REFERENCE.
THESE TERMS MAY BE SUBJECT TO CHANGE, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS FROM TIME TO TIME AND BEFORE REGISTERING WITH THE WEBSITE.
The General Conditions under Section A shall be applicable to all Users of the Website.
If you are a Guest, Section B set out herein shall apply in addition to the General Conditions.
If you are a Host, Section C set out herein shall apply in addition to the General Conditions.
IMPORTANT NOTICE: As a Guest, You will enter into a contract directly with a Host for the provision of the Accommodation listed on the Website. Digital Style is not a party to that contract, and Guests and Hosts will be separately responsible and liable to one another under the terms of that contract.
SECTION A: GENERAL CONDITIONS
The following words and expressions shall have the following meanings:
- “Accommodation” means residential properties or rooms made available for Booking on the Website by a Host;
- “Accommodation Fees” means the fees due and payable by a Guest for that Guest’s stay in the Accommodation;
- “Account” means the account set up when you register your details on the Website;
- “Booking” means a Booking Request accepted by the Host in accordance with these Terms;
- “Booking Issue” means an issue or problem encountered by a Guest and falling under the scope of our Guest Cancellation and Refund Policy;
- “Booking Request” means a request from a Guest to schedule a Booking which is made by clicking on the “Request a Booking” link on the relevant Listing;
- “Booking Request Period” means 48 hours from the time a Guest submits a Booking Request;
- "Content" means information and materials submitted and/or posted by you to the Website including, without limitation, your Listing Information, reviews and images;
- “Contract” means the contract between Digital Style and You in respect of the relevant and applicable Services and which incorporates these Terms;
- “Guest” means a person or business registered with Digital Style searching for Accommodation;
- “Guest Cancellation and Refund Policy” means the policy appearing on the Website from time to time;
- “Host” means a person or business registered with Digital Style and offering to supply Accommodation to Guests on the Website;
- “Hotel” means those hotels permitted to offer Rooms on the Website from time to time, which include historical house converted hotels;
- “House Rules” means each Host’s terms and conditions for use of the Accommodation and to be observed by Guests when staying at any Accommodation;
- “Intellectual Property Rights” means all intellectual property rights including without limitation, patents, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
- “Listing” means the advert posted on the Website and including the Listing Information;
- “Listing Information” means the information provided in relation to a Listing, which includes, without limitation, an accurate description of the Accommodation, the price per night and a link to the House Rules (if any);
- “Login Details” means the usernames and passwords used by you to access certain functionalities of the Website;
- “Network” means the electronic communications network used by us to provide the Services;
- “Non-Registered User” means a person or business who is not a Guest or Host and to whom Digital Style has granted access to view and Use the Website and Use certain (but not all) features and functionalities of the Services as described on the Website;
- “Privacy Statement” means such policy in relation to data protection and privacy as is displayed on the Website from time to time;
- "Profile" means information, including without limitation, the name, address and company details (where applicable) relating to the Guest or Host (which may or may not be fully accessible by other Users) held by Digital Style and published on the Website;
- “Purpose” means to copy, display, distribute, sub-licence, host, retain for archiving purposes, publish for Digital Style’s own business purposes, including but not limited to purposes in respect of the Services and/or the Website;
- “Registered User” means a Guest or Host with an Account;
- “Rooms” means those rooms in a Hotel made available by a Host from time to time on the Website for Booking;
- “Security Deposit” means any deposit required by the Host to proceed with a Booking;
- “Service Fee” means the fee payable by a Host and Guest to Digital Style for each Booking made via the Website as set out on the Website from time to time;
- “Services” means the services made available by Digital Style to Users through the Website;
- "Use" means having access to the relevant and accessible Services and “Using” shall be construed accordingly;
- “User” means both Registered Users and Non-Registered Users of the Website;
- “You”, “you”, “Your”, “your” means where applicable, the Non-Registered User, the Registered User, the Guest or the Host.
- INFORMATION ABOUT DIGITAL STYLE
- This Website (and its domain name) is owned and managed by Digital Style Limited and/or its licensors.
- Digital Style Limited is registered in England and Wales under company number 08823198 and with our registered office at 28 Farley Court, Melbury Road, London, W14 8LJ.
- The Website is an online marketplace offering Guests the opportunity to connect with Hosts in Iran and book certain Accommodation. You can access the Website either as a Non Registered User or Registered User.
- ACCESS TO THE SERVICE
You must be:
- where you are an individual, eighteen (18) years old or over;
- legally capable of entering into binding contracts; and
- not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms, to Use the Website.
- You may at our sole discretion, access certain features and elements of the functionalities of the Services as a Non Registered User.
- In the event you wish to access additional features and functionalities of the Services, you shall be required to become a Registered User.
- By Using the Website, you warrant that you have the right, authority and capacity, in respect of your status as a Non Registered User or Registered User, to enter into and be bound by these Terms.
- Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for any reason whatsoever to accept or reject your application as a Registered User.
In order for your Accommodation to be posted as a Host or to submit Booking Requests as a Guest on the Website you will need to set up an Account as a Registered User.
- You hereby warrant that the information provided by you to Digital Style is true, accurate and correct. You further warrant that you shall promptly notify Digital Style in the event of any changes to such information.
- Subject to section B and C below, where your registration as a Registered User has been accepted, we will provide you with Login Details to access certain features and functionalities of the Services. You shall keep your Login Details confidential and secure. Without prejudice to Digital Style’s other rights and remedies, we reserve the right to promptly disable your Login Details and suspend your access to the Website (in part or in whole) in accordance with clause 11 if we have reason to believe that you have breached this clause 4.4.
- OUR OBLIGATIONS TO YOU
Our ability to provide the Services and the availability of the Website may be impaired by conditions or circumstances that are beyond our control, including, without limitation, third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer operating system and the number of other Users logging onto the Website, server and Network at the same time.
- Digital Style reserves the right to make changes to the Services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Services.
- Digital Style shall be entitled at its own discretion to suspend the Website (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Website, including but not limited to preventing you from listing or renting any Accommodation, or using any of the Services available on the Website.
- Digital Style also reserves the right from time to time to monitor your Use of the Website and/or Services.
- YOUR OBLIGATIONS TO US
You are entitled to, subject to the terms herein, upgrade from Non Registered User status to Registered User at any time during the term of your Contract.
- You hereby warrant and undertake to us that you have the legal capacity to enter into these Terms and You shall at all times:
- not use your Login Details with the intent of impersonating another person;
- not allow any other person to use your Login Details;
- not use the information presented on or obtained using the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
- not do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the Network;
- comply with instructions issued by Digital Style (or its employees or representatives) from time to time relating to the Website and/or Services;
- co-operate with reasonable security or other checks or requests for information made by Digital Style from time to time;
- not use the Website and/or Services or do anything that will infringe any Intellectual Property Rights or other rights of any third parties;
- not use any information obtained using the Website and/or the Services otherwise than in accordance with these Terms;
- notify Digital Style immediately of any circumstances where any Intellectual Property Rights or any other rights of any third party may have been infringed;
- use the information retrieved from the Services and/or the Website at your own risk and that you shall be solely responsible for any illegal conduct, infringement of any third party Intellectual Property Rights and/or any reaches in any applicable laws and legislations;
- not "stalk" or harass any other User or collect or store any personally identifiable information about any other User other than for purposes of transacting as a Guest or Host;
- not interfere with or damage the Website and/or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- not use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Website and/or Services;
- not use the Website and/or Services to find a Host or Guest and then complete a Booking independent of the Website in order to circumvent the obligation to pay any fees due to us for provision of the Services or for any other reasons;
- not do anything which involves the transmission of junk mail, chain letters, unsolicited mass mailing, instant massaging, “spimming” or “spamming”; and
- comply with all applicable laws, regulations and legislations in respect of your Use of the Website and/or the Services.
- For the avoidance of doubt, as a User, you shall at all times be fully liable for the breach of any of these Terms by a third party using your Login Details to access the Services.
- Digital Style reserves the right, at its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the terms set out in this clause 6.
- USER SUBMITTED CONTENT
Where you Use the Website and/or Services as a User, you undertake not to submit Content of whatsoever nature on the Website which is or may be construed to:
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material of any kind;
- promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- promote any illegal activities including but not limited to violating someone else’s privacy or providing or creating computer viruses;
- infringe the rights (including the Intellectual Property Rights) of any third party; and
- solicit a password or any other personally identifying information from other Users of the Website and/or Services for unlawful and illegal purposes.
- Digital Style has the sole and absolute discretion to modify, edit, vary, or re-format the Contents on its Website.
- INTERACTIONS WITH OTHER USERS
The Website is designed to connect Guests with Hosts and permit Guests to submit Booking Requests.
- You acknowledge and agree that we shall not be liable in any way and for any reason whatsoever in respect of your relationship with other Users. We recommend that you take all reasonable care when arranging any meeting or otherwise with any other User.
- You acknowledge that We do not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of any Users. We do not conduct background checks on any Users. We are not able to verify the Accommodation on offer in any Listing. All Content is provided to You “as is” and You agree that any use made of such content shall be strictly at Your own risk. We recommend that You do not rely solely on such Content in making or refraining from making a decision or to embark on a specific course of action.
- We do not guarantee or warrant that as a Host, You will receive enquiries, responses or otherwise generate Booking Requests for your Accommodation as a result of the Website, or achieve any result whatsoever through Your use of the Website.
- You acknowledge and agree that You are solely responsible for all communication with, and any subsequent dealings with, other Users.
- INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS
Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Digital Style to You, any Intellectual Property Rights owned by and/or licensed to Digital Style and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Digital Style and/or its licensors.
- You are expressly prohibited from:
- reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;
- removing, modifying, altering or using any registered or unregistered marks/logos owned by or licensed to Digital Style; and
- doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website and/or Service or could be considered an infringement of any of the Intellectual Property Rights owned and/or licensed to Digital Style without first obtaining the written permission of the owner of such Intellectual Property Rights.
- You warrant and represent that you own or are licensed to use any and all copyright and other intellectual property rights in all the Content that you submit to the Website as part of your use of the Services.
Subject to these Terms, you hereby grant Digital Style a non-exclusive, perpetual, irrevocable, non-terminable, transferable, sub-licensable and royalty-free licence to:
- use the Intellectual Property Rights owned by and/or licensed to you in the Content for the Purpose; and
- at its sole discretion, choose to display or to remove any Content or any part of the same that you make available on the Website.
- You hereby unconditionally and irrevocably waive all moral rights attaching to the Content pursuant to Chapter IV of Part I of the Copyright, Design and Patents Act 1988 and any similar or corresponding rights.
- You hereby agree that Digital Style may:
- upon obtaining prior consent from You (such consent not to be unreasonably withheld), refer to You in any of its marketing material as a customer of Digital Style and refer to the type of services that Digital Style has provided to You; and
- use any of your trademarks and/or logos in Digital Style marketing and publicity materials for its publicity and marketing purposes.
- You hereby indemnify and shall keep Digital Style indemnified against all losses, liabilities, costs and expenses (including without limitation legal costs) suffered or incurred by Digital Style arising from or in connection with any infringement of any third party Intellectual Property Rights arising out of or in connection with Digital Style’s use and/or possession of the Content for the Purpose.
- TERM AND TERMINATION
Subject to clause 11.2, 11.3 and 11.4 and unless otherwise expressly set out to the contrary in these Terms, our Contract with you shall remain in force:
- where you are a Non Registered User, for the duration in which you Use the Website; or
- where you are a Registered User, for the duration of your registration with us,
and such Contract shall be effective and in force until terminated by either party in accordance with this clause 11.
- Digital Style may terminate your Contract at any time and for any reason on the provision of no less than fourteen (14) days written or e-mail notice to you.
- You may terminate your Contact as a Host without cause on the provision of not less than 30 days written notice to us. In such event:
- you shall fulfil all Bookings made on or before the date of termination;
- you shall cease all use of the Website on the date of termination;
- all rights granted to you hereunder shall cease on the date of termination; and
- we shall delete your Listing(s) from the Website on the date of termination or when reasonably practicable thereafter.
- You may terminate your Contract as a Guest without cause on the provision of not less than 30 days written notice to us. In such event:
- you shall cease all use of the Website on or before the date of termination;
- all rights granted to you hereunder shall cease on the date of termination; and
- we may delete your content from the Website on the date of termination or when reasonably practicable thereafter,
but you acknowledge that termination of your Contract shall not affect any Bookings made by you through the Website.
- Digital Style reserves the right to suspend and/or terminate your access to the Website and/or the Services immediately on notice if:
- the Network owner ceases to make the Network available to Us;
- We believe that You and/or someone using your Login Details has failed to comply with one or more of these Terms;
- We believe that there has been fraudulent use, misuse or abuse of the Website and/or the Service, including any breach of clause 6.3 and/or 7.1; or
- We believe that you have provided us with false, inaccurate or misleading information in respect of your registration and/or Use of the Website and/or the Service.
- For the avoidance of doubt, if your Services have been terminated by us in accordance with these Terms, your access to the Services (in whole or in part) as a User shall cease.
- EXCLUSION OF WARRANTIES AND LIABILITIES
Unless expressly provided to the contrary in these Terms and to the maximum extent permitted by law, Digital Style excludes all representations, warranties, obligations and liabilities in connection with the information provided through the use of the Service and/or the Website, including but not limited to warranties of satisfactory quality, fitness for a particular purpose or otherwise.
- All information published on the Website and/or made available through the Services including without limitation the Content, is intended as information only and does not in any way constitute advice of any nature. Digital Style does not warrant or guarantee the accuracy, completeness, correctness, reliability or suitability in respect of any Content or any other information made available to you through your use of the Website and/or Services. If you so intend to use and/or rely upon any Content, or any other information made available to you through your use of the Website and/or Services, you do so at your own risk and liability.
- Links to third party websites may from time to time appear on the Website. Such third party websites are not the responsibility of Digital Style and Digital Style accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen.
- We are not responsible for any loss or damage that is not foreseeable.
- Subject to clause 12.9, our maximum aggregate liability to You under or in connection with your Contract shall not exceed the higher of (a) (i) as a Guest, the amounts you have paid for Bookings via the Website in the 12 month period prior to the event giving rise to the liability or five hundred euros (€500.00); (ii) as a Host, the amounts paid by us to you in the 12 month period prior to the event giving rise to the liability or (b) one hundred euros (€100.00).
- Only if you are acting as a consumer (as defined under section 2(3) of the Consumer Rights Act 2015) in your use of the Services and Website, we do not exclude or limit our liability for breach of sections 9, 10, 11 and 13 of the Consumer Rights Act 2015.
- We do not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss
howsoever arising, and including, without limitation, any loss in respect of which you have notified Digital Style may be incurred.
- In the event that you have a claim or right of action against any other User arising from their Use of the Service, you agree to pursue such a claim or action independently of and without any demands from Digital Style, and you fully and completely release Digital Style from all claims, liability and damages arising from or in any way connected to such claim or action.
- PRIVACY STATEMENT
- FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.
- If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
- We will contact You as soon as reasonably possible to notify you; and
- our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
- DISPUTES AND COMPLAINTS
In the event that you have a dispute with another User, you hereby release Digital Style from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
If Digital Style fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
- For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.
- No delay in exercising or non-exercise by you and/or Digital Style of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Digital Style’s rights. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.
- Digital Style reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
- If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
- These Terms and any document expressly referred to in them represent the entire agreement between you and Digital Style in respect of your use of the Website, and shall supersede any prior agreement, understanding or arrangement between you and Digital Style, whether oral or in writing.
- You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and Digital Style except as expressly set out in these Terms.
- Digital Style may alter or amend these Terms by giving reasonable notice on the Website or in writing to you (including via email). By continuing to Use the Services and/or the Website after expiry of the notice period, you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your agreement with Digital Style, you may do so by giving Digital Style notice of termination, with such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect.
- These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms.
- These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.
SECTION B: GUEST ADDITIONAL CONDITIONS
This Section B shall apply to you if you are a Guest. You are a Guest if we accept your registration as a Guest, as set out below.
- REGISTERING AS A GUEST
In order to book Accommodation you will need to register with the Website as a Guest. To register as a Guest, you will need to complete and submit an online registration/sign up form on the Website. Upon the completion and submission of the online registration form, you shall be sent a verification email (“Verification Email”) to the email address you provided on the registration form. To complete registration, you shall be required to click on the link in the Verification Email. Upon successful verification of your e-mail address, your registration will be complete. You shall not be permitted to place Bookings until you have completed the verification process.
- BOOKING ACCOMMODATION
You acknowledge and agree that a Booking means you have entered into a contract directly with the Host for the provision of the Accommodation. Digital Style is not a party to that contract, and Guests and Hosts will be separately responsible and liable to one another under the terms of that contract.
- The Website does not permit instant bookings resulting in immediate confirmation through the Website, instead requiring Guests to submit a Booking Request. This means that a Host is unable to immediately confirm acceptance of the Booking Request. Your Booking Request will be only deemed accepted when the Host confirms within the Booking Request Period that they are able to provide the Accommodation. Otherwise, the Booking Request will be cancelled.
- FEES, CANCELLATIONS AND REFUNDS
You acknowledge and agree that, notwithstanding the fact that we are not a party to the contract between you and the Host, we act as the Host’s payment collection agent solely for accepting payments from you on their behalf. You agree to pay us the Accommodation Fees (as the Host’s payment collection agent), and the Service Fee notified to you at the time of submitting your Booking Request. The Host is required to either confirm or reject the Booking Request within the Booking Request Period. If you do not receive a response from the Host within the Booking Request Period, your Booking Request shall be deemed to be declined.
- If your Booking Request is accepted, you shall be directed to the payment page of the Website where you will have twenty-four hours to pay the Accommodation Fees, the Service Fee and any Security Deposit (if applicable). Unless the Host has submitted a claim for damages to the Accommodation against the Security Deposit within two (2) days of your check out date, the Security Deposit will be refunded to you. If we do not receive payment within the aforementioned period, your Booking will be automatically cancelled.
- All Accommodation Fees, Service Fees and Security Deposits are payable in Euros. In connection with your Booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our payment processor. You agree to pay us for any Booking by one of the methods described on the Website. You hereby authorise the collection of such amounts using the method selected by you through the Website, either directly by us or indirectly, via our payment processor. If you are directed to our payment processor, you may be subject to terms and conditions governing use of their service. Please review such terms and conditions before using the processing services.
- If you wish to cancel a Booking, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund all or part of the Accommodation Fees will depend upon the terms of the Host’s selected cancellation policy. Details of the different refunds and cancellation policies are available in the Guest Cancellation and Refund Policy on the Website. For the avoidance of doubt, your Service Fee is non-refundable in the event of cancellation of a Booking by you, regardless of the cancellation policy selected by the Host.
- Accommodation Fees may be withheld or refunded (as applicable) if you encounter a Booking Issue and you submit a claim in accordance with the Guest Cancellation and Refund Policy. Unless otherwise set out to the contrary in the Guest Refund and Cancellation Policy, the decision to either refund you for the Accommodation Fees or release the Accommodation Fees to the Host shall be at our sole discretion and any decision we make, acting reasonably, shall be final.
- If a Host cancels a Booking, we will refund the Accommodation Fees and your Service Fee for such Booking to you within a commercially reasonable time of the cancellation.
- ADDITIONAL OBLIGATIONS
You are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation (where permitted by the Host). In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. Payment may be taken from your Security Deposit or where none was payable, from a credit card or other payment method listed in your Account.
- You agree to leave the Accommodation no later than the checkout time specified in the Booking or such other time as mutually agreed upon between you and the Host. If you stay beyond the agreed upon checkout time without the Host's consent, you no longer have a license to stay in the Accommodation. You may be subject to additional charges should you remain in the Accommodation beyond the duration of your Booking, including all applicable Service Fees, taxes, and any legal expenses incurred by the Host to make you leave. As limited collection agent for the Host, we may charge your credit card or other payment methods in your Account to collect any such additional fees. In addition, we may also recover from you any costs and expenses incurred by us in collecting such additional fees by charging your credit card or other payment method on file. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage or additional stay directly to the applicable Host.
- If a Host makes a claim and provides evidence to us of damage to their Accommodation caused by you pursuant to any Booking, you will be notified of such claim and given a reasonable opportunity to respond. Thereafter, we may collect any such costs from your Security Deposit. You shall cooperate with us, assist us, provide us information and take such action in good faith as we may reasonably request in connection with any claims or complaints made by Hosts in relation to their Accommodation.
- You are solely responsible for ensuring you have all applicable visa and immigration requirements and that you have in place adequate travel insurance in relation to your travel arrangements.
SECTION C: HOST ADDITIONAL CONDITIONS
This Section C shall apply to you if you are a Host. You are a Host if we accept your registration as a Host, as set out below.
- REGISTERING AS A HOST
In order to offer Accommodation on the Website you will need to set up an Account as a Host. To set up an Account as a Host, you will need to complete and submit a registration form to Digital Style which includes, without limitation, details of your property and your House Rules (“Host Registration Form”).
Once you have successfully registered as a Host you may submit Listing Information to us for placing Listings on the Website. For the avoidance of doubt, all Listings are posted by us on your behalf. You shall ensure the accuracy and completeness of all Listing Information and that it complies with the Listing Information guidelines available on the Website, as updated by Us from time to time (“Guidelines”).
- relate strictly and solely to the Accommodation you wish to advertise, which shall be solely related to properties located in Iran;
- relate to the renting of entire properties only (i.e. no individual rooms for hire);
- include the price per night of the Accommodation;
- be accurate and complete and comply with our formatting requirements and Guidelines;
- include your House Rules and selected cancellation policy;
- not include any contact details (e.g. e-mail addresses, contact numbers, social media links etc),
and we reserve the right to edit and/or remove any Listing Information at any time where we believe it is in breach of this clause 22.2.
- Subject to compliance with clause 22.2, your Listing will be made publicly available via the Website and Guests will be able to submit Booking Requests via the Website based upon the Listing Information provided. You understand and agree that once the Guest submits a Booking Request, you may not request the Guest to pay a higher price than the price per night included in the Listing.
- You represent and warrant that any Listing posted and any stay by a Guest at any Accommodation: (i) will not breach any agreements you have entered into with any third parties, such as leases, licences, tenancies, rental agreements or insurance policies, and (ii) will (a) be in compliance with all applicable laws (such as laws governing residential tenancies), tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
If you receive a Booking Request you must accept or reject the Booking Request via the Website, where you will also be able to review details of the Booking Request. Prior to accepting a Booking Request, you are responsible for ensuring you are satisfied with the relevant terms of the Booking Request, including but not limited to the Accommodation Fees payable by the Guest, your Service Fee and the check-in/check-out dates.
- You acknowledge and agree that when a Guest makes a Booking with you through the Website, you will enter into a contract directly with the Guest for the provision of your Accommodation. Digital Style is not a party to that contract, and Guests and Hosts will be separately responsible and liable to one another under the terms of that contract.
- You are responsible for ensuring that a Guest has been notified of and has accepted your House Rules prior to you accepting any Booking Request.
- You must ensure that at all times the Listing complies with the Digital Style cancellation and refund requirements as set out on the Website from time to time.
- Digital Style uses third party payment handlers to process any payment made through the Website.
- PRICE AND PAYMENT
The price per night for the Accommodation advertised on the Website shall be no higher than the price per night advertised on any other website through which you are offering the Accommodation.
- We charge a Service Fee in respect of each Booking. The Service Fee is deducted from the Accommodation Fees, so the amount you receive from us in relation to any Booking will be less than the amount we receive from the Guest.
- You agree that payment made by a Guest via our payment processor shall be considered as a payment made directly to you and you will proceed with the Booking as if you had received the applicable Accommodation Fees. You acknowledge and agree that we accept payments from Guests as your limited payment collection agent and that our obligation to pay you the Accommodation Fees (less our non-refundable Service Fee and any taxes in respect of the Service Fee) is subject to and conditional upon successful receipt of the associated payments from Guests. We do not guarantee payments to you for amounts that have not been successfully received by us from Guests. In accepting appointment as your limited payment collection agent, we assume no liability for any acts or omissions by you or the Guest.
- We will collect the Accommodation Fees at the time of the Booking (i.e. when you confirm to the Guest that the Booking Request is accepted).
- We will use all reasonable endeavours to initiate payment of the Accommodation Fees (less our non-refundable Service Fee and any taxes in respect of the Service Fee) to you within thirty six (36) hours of the Guest’s check in date of the Accommodation (save in the case of Rooms, where payment of the Accommodation Fees (less our non-refundable Service Fee and any taxes in respect of the Service Fee) to you will be initiated no less than 24 hours prior to the applicable Guest’s check-in date). The time it takes for you to receive the Accommodation Fees (less our non-refundable Service Fee and any taxes in respect of the Service Fee) may vary depending on our method of payment. While payment received from Guests is in Euros, payments will be made to you in Iranian Rials, unless otherwise set out on the Website. In the situation where the pay-out currency to you is different to the payment currency for amounts received from Guests, we will calculate the pay-out to you by applying the relevant exchange rate we use for calculating foreign currency conversion on the date we initiate payment of the Accommodation Fees (less our non-refundable Service Fee and any taxes in respect of the Service Fee) to you.
- Notwithstanding clause 24.6 and unless already released to you, the Accommodation Fees due to you may be withheld from you in the event a Guest submits a complaint against you. In the event the Guest provides evidence of such claims, we reserve the right to conduct investigations and you agree to co-operate with such investigations, providing such information and answering such questions as we may reasonably request. On completion of our investigation, release of the Accommodation Fees (less our non-refundable Service Fee and any taxes in respect of the Service Fee) to you shall be at our sole discretion and any decision we make, acting reasonably, shall be final.
- We may change your Service Fee at any time on the provision of notice to you in writing, by email or through your use of the Website. Your continued use of the Website following notice of such change shall be deemed to be your acceptance of the new Service Fee. If you do not agree with the changes to the Service Fee, you may terminate your Contract with us by notice in writing or by email.
- You agree that we may, in accordance with your selected cancellation policy and reflected in the relevant Listing, (i) permit the Guest to cancel the Booking and (ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy.
- You may be restricted from cancelling a Booking by the Website up to a certain period before the agreed check in date for the Booking. However, if you are permitted by the Website to cancel a Booking, you agree that that your Service Fee is non-refundable and we may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, or (ii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
- If your Guest cancels a Booking and we issue a refund to the Guest in accordance with your selected cancellation policy, you agree that in the event you have already been paid, we shall be entitled to recover the amount of any such Guest refund from you, including by subtracting such refund amount out from any future fees due to you.
- If a Guest encounters a Booking Issue, we may decide to refund all or part of the Accommodation Fees for the applicable Booking in accordance with the Guest Cancellation and Refund Policy. In the event we issue a refund to a Guest in accordance with the Guest Cancellation and Refund Policy, you agree that we shall be entitled to recover from you the amount of the refund, which may include deducting such amount from any future Accommodation Fees that may be due to you.
- You are solely responsible for determining any tax reporting requirements that may apply to you. We do not offer any tax advice and you are solely responsible for the payment of all taxes, duties and government contributions and any other amount due in connection with any payment received by you in connection with the Website and/or Services.
- You must contact us if you have cancelled a Booking and you believe that the cancellation resulted from extenuating circumstances. In such situations, you must submit a claim to us within fourteen (14) days of the date you cancelled the Booking and provide any supporting documentation we reasonably request. If we determine, at our sole discretion, that your reasons for cancellation are for extenuating circumstances, we may waive any penalties imposed on you pursuant to clause 24.10. Extenuating circumstances may include, but not be limited to: serious illness or injury to you restricting your ability to host, natural disasters, travel restrictions or serious security advisories issued after Booking, endemic disease, severe property damage or maintenance issues affecting safety.
- YOUR ADDITIONAL OBLIGATIONS AS A HOST
You shall comply with all policies and guidelines of Digital Style published on the Website from time to time.
- You may choose to include a Security Deposit in your Listing Information. Digital Style will use reasonable endeavours to address your requests and claims relating to a Security Deposit. You agree to cooperate with Digital Style and provide Digital Style with such information and evidence, as well as take such action as we may reasonably request, in relation to any claims made relating to a Security Deposit.
- You shall ensure that at all times during your Contract, you have all applicable qualifications, insurance policies and waivers in place in order to permit Guests to stay in your Accommodation.
- You shall not:
- submit any Listing Information with a price per night that you do not intend to honour;
- offer any Accommodation that you do not yourself own or have permission to rent as a residential or other property (including serving in the capacity of a rental agent or listing agent for a third party);
- offer any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement; or
- offer any Room in any Hotel that does not meet the criteria listed on the Website from time to time (and in the event the Hotel, in Digital Style’s reasonable opinion, does not meet such criteria, all related Rooms listed on the Website may be removed immediately by Digital Style without notice.
- You hereby indemnify and shall keep indemnified Digital Style in full and on demand against all costs (including reasonable legal costs), claims, damages, losses and expenses incurred or suffered by Digital Style arising out of or in connection with any claim or action brought by the Guest in connection with the Accommodation and the Listing Information.
- You shall not conduct any direct marketing using personal information (which, for the avoidance of doubt, shall include all email addresses) that came into your possession through your use of and activities on the Website, nor will you disclose such personal information to any third party without the data subject’s express written consent. Furthermore you shall not include in the Listing Information or any other communication with any Guests any link to any URL located outside the Website, nor any advertising for any services other than your Accommodation.
- You warrant, represent and guarantee that you shall comply with all applicable legislation in respect of the Listing Information and that the Listing Information shall not infringe any intellectual property rights, or any other rights of any third party
- You warrant that the Listing Information is not misleading and contains all necessary information about the passport and/or visas required for the provision of the Accommodation as well as any applicable health formalities.
You acknowledge that we do not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of any Guests. We make no representations and assume no responsibility for any Guests. We are not able to vet, verify the accuracy, correctness and completeness, monitor, edit or modify any Guest profiles. Consequently, all such Guest information and content available on the Website is provided to you “as is” and you agree that any use made of such content shall be strictly at your own risk.