Terms and Conditions
Article 1. Application
1.1 UNiSTAY is a limited liability company incorporated under the Laws of England and Wales whose registered office is at: Manor Cottage, Clay Coton, Northampton NN6 6JU Company No- 10830598
1.2 UNiSTAY, via it’s platform, provides a service as an interface to connect University affiliates, employees, students and their relatives with accommodation at local bed and breakfasts.
1.3 These Terms and Conditions are the standard terms which apply to all Our services directly or indirectly which are made available online. These Terms and Conditions set out the terms on which UNiSTAY agrees to make available the services to You through the Website (see defined terms below) restricted to where the customer, their guests and other members of their party satisfy the requirements of a “Consumer” as defined by the Consumer Rights Act 2015.
1.4 These Terms and Conditions, the Booking Confirmation and the Your relevant rules and restrictions set out the terms on which You, the Supplier, agree to provide the Services to the consumer.
The Services made available by UNiSTAY can only be used by Suppliers who have confirmed that they have both read, understood and accepted these terms by selecting the appropriate box provided to satisfy this requirement prior to completing a reservation through Our platform or any of Our applications (hereafter referred to as the “Website” and will also be bound by the adjoining privacy statement.
The agreement between the Supplier and UNiSTAY commences as soon as the Supplier provides UNiSTAY with a signed contract.
1.5 This document, the content and infrastructure of UNiSTAY’s Website and online reservation service are owned, operated and provided by unistay.co.uk and have been put forth for Your personal use subject to the terms and conditions set out below.
1.6 These Terms and Conditions can be changed at any time without prior notice at UNiSTAY’s discretion, although such changes will not apply to bookings that have previously been accepted on behalf of the Supplier’s concerned. Further to this point, it is essential that all Suppliers print a copy of the Terms and Conditions at the time of booking to ensure awareness of the provisions currently in force and take note of changes that occur to these Terms and Conditions periodically.
Article 2. Definitions
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Platform” means the (mobile) Website and app on which the Service is made available, owned, controlled, managed, maintained and/or hosted by Unistay.com.
“Service” means the online reservation service including but not limited to the facilitation of payments for various products and services made available by Suppliers on the UNiSTAY Platform.
“Supplier” means a business customer who is the provider of an accommodation (bed and breakfast) which is situated close to a University city or are within a maximum distance of 30 miles.
“Customer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means any visitor to Our platform who seeks to make interface with Suppliers.
“We/Us/Our” means UNiSTAY and includes all agents and employees of the company.
“You/Your” means and refers to UNiSTAY’s business customer.
“Rules and Restrictions” means the terms and conditions applicable of the Supplier with whom the Customer has concluded a separate contract.
“Contract” means any such contract between You and Us on these Terms and Conditions.
“Data Protection Legislation” means 1) unless and until EU
Regulation 2016/679 General Data Protection (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR.
2.2 The headings used in these Terms and Conditions” are for convenience only and shall not affect the interpretation of the Terms and Conditions;
2.3 Words signifying imparting the singular number shall include the plural and vice versa; and
2.4 References to any gender shall include the other gender.
Article 3. Scope of UNiSTAY’s Service
3.1 Through the Platform, We provide an online interface through which Customers can search through and make a reservation at a bed and breakfast (Supplier) for accommodation.
3.2 From the point at which the Customer makes a reservation Our role is strictly as an intermediary between You and the Customer, transmitting the details of the Customer’s reservation to You and sending You a confirmation email.
3.3 We will not be liable for any errors or interruptions on the Platform caused by any reason including but not limited to temporary or partial breakdown, repair, upgrade, or maintenance on Our platform.
3.4 Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Supplier.
3.5 UNiSTAY operates a ranking system of Our Suppliers which are based on the opinions of guests who have stayed at any of the Bed and Breakfasts and booked through Our Platform. This system is informal and may be present on the B&B’s page accompanied by a formal accredited star rating. UNiSTAY will not be liable for the truth of either rating system.
3.5.1 The completed guest reviews may be uploaded onto Your information page on Our Platform for the sole purpose of informing potential Customers of other’s opinions of the service level and quality of Your accommodation. We reserve the right to adjust, refuse or remove reviews at Our sole discretion.
3.5.2 We may utilise any completed guest review uploaded onto Our Platform at Our sole discretion for marketing, promotion or improvement of Our service through any medium including but not limited to social media, newsletters, apps or special promotions owned or controlled by Unistay.co.uk and Our business partners.
3.6 When rendering Our Service, the information that We disclose is based on the information provided to Us by You. As such, You will be given access to an extranet (UNiSTAY Dashboard) through which You are fully responsible for updating all rates, availability and other information which is displayed on Our Platform.
3.7 You remain responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on Our Platform.
3.8 You may choose to opt out of UNiSTAY’s services at any time without incurring a Cancellation Fee; however, Your final monthly payment will be taken. Upon receipt of this payment, UNiSTAY will ensure all ties between Us and Your establishment will cease. No monthly payment fee will be taken if it is within the 3-month free trial, however, notice is required.
Article 4. Booking via the Website
4.1 The Customer’s Legal Authority
The Customer who makes the reservation must be at least 18 years old, legally authorised to engage in contractual obligations at the date of booking, have the requisite authorisation or permission to act for or on behalf of any persons included in a booking and must use the Website in accordance with these Terms and Conditions.
The Customer who makes the reservation accepts these terms and conditions on behalf of all the customer’s he represents in the booking and confirms that the information provided for all the parties are full, accurate and given with their consent.
4.2 Customers Confirmation and Cancellation Policies
The Booking Confirmation, including the essential elements such as the description of the Service(s) booked and the price, will be sent to the Customer by email. If the Customer does not receive a Booking Confirmation within 24 hours, it is the Customer’s responsibility to contact customer services at UNiSTAY.
The initial booking through UNiSTAY is subject to a non-refundable administration fee of 10%. Unless otherwise stated at time of booking, the remaining 90% will be payable to the Supplier upon arrival at the accommodation.
Regarding the remaining 90%, by making the reservation with a Supplier, the Customer accepts and agrees to the relevant cancellation and no-show policy set out in the Rules and Regulations of the Supplier in conjunction with any additional Terms and Conditions set out by the Supplier applicable to Your visit or stay.
Unless the Customer pays in advance for a booking at a promotional Rate, They may cancel a reservation from the Supplier without charge, excepting the 10% administration fee, if They give UNiSTAY prior notice of more than three Weeks. If the notice period is less than three Weeks UNiSTAY’s tiered cancellation policy will apply:
For a cancellation:
Within 21 days Supplier will receive 10% of the total price
Within 14 days Supplier will receive 30% of the total price
Within 7 days Supplier will receive 50% of the total price
Within 2 days Supplier will be paid total price.
UNiSTAY will take the payment when or after the Customer cancels using the payment details they provided when they made the reservation.
4.2.3 Change of Booking
The policy for changes to reservations will be determined by the cancellation, (pre) payment and no-show policy of the Supplier. This should be understood by the Customer prior to making their reservation and the responsibility of remembering to make further payments on time as may be required is held by the Customer.
4.2.4 Delayed Arrival
If the Customer has a late or delayed arrival on the check-in date or arrives the next day, it is their responsibility to communicate this delay with You promptly to avoid cancellation of their reservation and being charged a no-show fee. Our Customer Service team can assist the Customer with informing You if they choose to contact us about the delay. However, UNiSTAY does not accept any liability or responsibility for the consequences of their delayed arrival or for any charges incurred by the Customer brought forth by their late arrival.
If the Customer does not present himself/herself at the accommodation on the date of the reservation no refund will be due.
4.3 Cancellations by UNiSTAY before travel
UNiSTAY works with suppliers. We do not control You and Your services. Our Customers are subject to Your rules and restrictions which are made available prior to the booking
4.3.1 We may, at any time before the Customer checks in, cancel a reservation booked by them if they have not paid for their stay in full in advance of check in or if We find they are not a Consumer as defined by the Consumer Rights Act 2015.
Article 5. Payment
5.1 Supplier Fees
All newly registered Suppliers are entitled to a 3-month free trial. After the trial, You will need to pay a 10% commission fee for bookings made through UNiSTAY in addition to a monthly payment of either £20 (UNiSTAY Standard) or £40 (UNiSTAY Featured) for use of Unistay.co.uk.
5.2 Credit card or bank transfer payment by Customer
From the point at which the Customer makes a reservation Our role is strictly as an intermediary whereby payment is safely transferred from the Customer’s credit/debit card or bank account to Your bank account via UNiSTAY Ltd itself.
5.2.1 Upfront Payment
You can provide an opportunity for reservations to be paid (wholly under Your payment policy) by the Customer during the reservation process by means of secure online payment (all to the extent offered and supported by Your bank). Due to Our current systems, an upfront fee of booking payment is required of the guest unless stated otherwise on the site.
5.2.2 Non-refundable rates or Special Offers
For certain (i.e. non-refundable) rates or special offers, You may require that payment is made upfront by bank transfer or by credit card or debit card, and therefore the Customer’s credit card may be preauthorised or charged upon making the reservation at times without any option for refund.
5.3 Unauthorised or Fraudulent Use
In the event of fraud or unauthorised use of a Customer’s credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud and misuse, which may sometimes be subject to a deductible (usually set at £25.00. In the event that Your Customer’s Credit Card Company or bank charges the deductible from You or the Customer because of unauthorised transactions resulting from a reservation made on Our Platform; We will pay this deductible, up to an aggregate amount of £25.00. This indemnification only applies to credit card reservations made using UNiSTAY’s secure server and the unauthorised use of the credit card resulted through Our default or negligence and through no fault of Your or the Customer’s own while using the secure server.
5.4 Collection of Payment
Regardless of whether UNiSTAY is facilitating the payment of the accommodation You agree and acknowledge that You are at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of price of accommodation to the relevant tax authorities.
5.4.1 UNiSTAY is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due.
5.4.2 UNiSTAY does not act as the merchant of record for any product or service made available on the Platform.
Article 6 Correspondence and Communication
6.1 Accuracy of Information
6.1.1 You must provide accurate details of Your email address and Your business postal address.
6.1.2 In order to duly complete and secure Your reservation, You must have provided Your correct email address. We are not liable for and have no obligation to verify any inaccurate email address, contact telephone number or credit card details.
If the Supplier does not receive the booking confirmation; it is expressly agreed that the data stored in the information systems at UNiSTAY shall be given priority followed by the database of its Suppliers and shall constitute proof with respect to bookings made by the Customer.
6.3 Further Communication
6.3.1 You agree We can send an email to the Customer shortly prior to their arrival date detailing information on Your location and providing them with information and offers (including third party offers to the extent that they have actively opted in for this information) relevant to Your location.
6.3.2 You agree that We can send Your guests an email inviting them to complete Our guest review form. Please refer to Our privacy and cookies policy for more information about how We may contact Our Suppliers and Customers.
UNiSTAY disclaims any liability or responsibility for any communication between You and the Customer on or through its platform. The Customer cannot derive any rights from any request to, or communication with You or acknowledgement of receipt of any communication or request. We will not guarantee that any request or communication will be received/ read by, complied with, executed or accepted by the You in a timely manner or at all.
Article 7 Limitation of Liability
7.1 Subject to the limitations set out in these terms and conditions and to the extent permitted by law We shall only be liable for direct damages actually suffered, paid, or incurred by the Customer due to an attributable shortcoming of Our obligations in respect to Our services, up to an aggregate amount of the aggregate cost of Your reservation as set out in the confirmation email.
7.2 However to the extent permitted by law neither We nor any of Our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating sponsoring, promoting, or otherwise making available the site and its contents shall be liable for:
iii) the services rendered, or the products offered by the Supplier or other business partners,
7.3 By uploading photos/images onto Our system (for instance in addition to a review) You certify, warrant and agree that You own the copyright to the photos/images and that You agree the UNiSTAY may use the uploaded photos/images on its (mobile) Website and app, and in promotional materials and publications and as UNiSTAY at its discretion sees fit. You are granting UNiSTAY a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as UNiSTAY at its discretion sees fit.
7.4 By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to UNiSTAY publishing and using these photos/images.
7.5 UNiSTAY does not own or endorse the photos/ images that are uploaded. The truthfulness, validity and right to use of all photos/images are assumed by the person who uploaded the photo and is not the responsibility of UNiSTAY.
7.6 UNiSTAY disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/ image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by UNiSTAY at any time and without prior notice.
7.7 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable;
7.8 We provide all Services only for Your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that We provide or sell are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;
Article 8 Law and Jurisdiction
8.1 To the extent permitted by law, these Terms and Conditions and the provision of Our services shall be governed by and construed in accordance with the law of England and Wales and any dispute arising out of these Terms and Conditions and Our services shall exclusively be submitted to the competent courts in The United Kingdom.
8.2 If any provision of these Terms and Conditions is or becomes invalid, unenforceable or non-binding, You shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and You will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
Article 9. Intellectual Property Rights
9.1 Unless otherwise stated, the software required for Our services or made available by use of Our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on Our Platform are owned by UNiSTAY, its suppliers or providers.
9.2 UNiSTAY exclusively retains ownership of all rights, title and interest in and to all intellectual property rights of the look and feel including infrastructure of the Platform on which the Service is made available including the guest reviews and translated content.
9.3 You are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilise, combine or otherwise use the content (including any translations thereof and the guest reviews) or Our brand without Our express written permission.
9.4 To the extent that You would wholly or partly use or combine Our translated content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, You hereby assign, transfer and set over all such intellectual property rights (including copyright and database right).
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