Upon working with We Stay Ltd you are deemed to have read in full and accepted the following Terms and Conditions.
Enquiries can be made via email to stay@westaygroup.com or by calling 0116 296 3186.
We Stay Limited T/A We Stay is incorporated in England with registered office at Shaw House, 1-3 Fowke Street, Rothley, Leicestershire, LE7 7PJ.
The Property Partner may propose the Accommodation for We Stay Ltd to advertise and promote.
We Stay Ltd will determine at its sole discretion: whether to advertise and promote the Accommodation; and, if so, may display Accommodation Information on its Websites, closed user groups or otherwise in such manner as it sees fit.
Following receipt of a Reservation Request, We Stay Ltd may check the Accommodation’s availability with the Property Partner via telephone, text message, instant messaging services (including WhatsApp) or email; where the Accommodation is available to meet the Reservation Request, We Stay Ltd may, if it considers the Accommodation is appropriate for the Client’s needs, make a Reservation for the Accommodation.
Where We Stay Ltd makes a Reservation, We Stay Ltd will, on the Property Partner’s behalf, confirm with the Client that the Reservation has been confirmed.
We Stay Ltd agrees to pay to the Property Partner the Accommodation Rates subject to the terms of any Cancellation Policy.
Subject to any reasonable requests of the Property Partner, We Stay Ltd may perform its duties under this Agreement in such way as it determines fit, provided that it does not do anything to knowingly harm the Property Partner’s brand.
The Property Partner agrees to provide the Accommodation (and any agreed services or extras): to the Clients (or as appropriate the Guests) strictly in accordance with all Reservations; and in accordance with the Accommodation Information provided by the Property Partner to We Stay Ltd in relation to such Accommodation.
If the Property Partner double books or fails to provide the Accommodation in accordance with a Reservation then it shall source alternative suitable accommodation of the same or higher standard to the Guest’s reasonable satisfaction. In the event that the fees for the alternative accommodation are higher than the original Accommodation, the Property Partner shall be responsible for the difference.
All Reservations are binding on the Property Partner from the earlier of: the time the Reservation confirmation is received in writing by email from the Property Partner; or the expiry of one hour from the time a Reservation is sent or communicated by We Stay Ltd to the Property Partner.
The Property Partner shall ensure the Accommodation Information is provided in full to We Stay Ltd and undertakes all Accommodation Information provided to We Stay Ltd is accurate, complete and not misleading.
The Property Partner is responsible for regularly (and in any event not less than once each month) checking all Accommodation Information held by We Stay to ensure it continues to be accurate, complete and not misleading. The Property Partner shall immediately inform We Stay Ltd of any changes or inaccuracies. The Property Partner will be responsible for any claims or complaints from any Clients, Guests or other third parties as a result of inaccurate, incomplete or misleading Accommodation Information.
The Property Partner shall in all matters relating to this Agreement comply with the Minimum Standards and all Applicable Laws, at all times.
The Property Partner agrees that it shall at all times (both during the term of this Agreement and after its termination) keep confidential and shall not use (other than strictly for the purposes of this Agreement) or disclose to any third party the Confidential Information without the prior written consent of a director of We Stay Ltd.
Provided that the Guest is not in breach of the Terms of Stay, the Property Partner shall allow the Guest quiet enjoyment of the Accommodation without any interruption by the Property Partner for the duration of the Reservation of the Accommodation (except for any housekeeping service the Property Partner provides and any scheduled or emergency maintenance tasks the Property Partner is required to undertake).
The Property Partner will allow We Stay Ltd and its representatives (including Client representatives) on reasonable notice to visit and inspect the Accommodation to ensure compliance with this Agreement.
The Property Partner shall promptly provide to We Stay Ltd all information which may in any way affect a Reservation, including, but not limited to, details of any Accommodation refurbishment or other construction works, any minimum age requirements and any change in ownership or management of the Accommodation and We Stay Ltd reserves the right to include all such information on the Websites.
The Property Partner warrants that it has obtained, and shall maintain, all the Relevant Consents to allow We Stay Ltd to advertise and market the Accommodation under this Agreement.
The Property Partner will implement, maintain and enforce policies and procedures to ensure that Guests, whilst staying at the Accommodation, are not subject to harassment by any of the Property Partner’s staff, employees or contractors.
The Property Partner shall ensure that all staff, employees and contractors who work at the Accommodation have clear unspent criminal conviction checks before providing services in relation to a Reservation.
The Property Partner warrants and represents that it shall not target any Client or Guest that makes a Reservation through We Stay Ltd with promotions, incentives or any other offers or information intentionally designed to solicit the Client or Guest to use any party other than We Stay Ltd to reserve accommodation.
Commission is payable by the Property Partner to We Stay Ltd on the Accommodation Rates for all Reservations, cancellation fees and no show fees.
Commission is payable by the Property Partner to We Stay Ltd at the rate set out in the booking confirmation.
Commission is payable at the rate stated in the booking confirmation for all Reservations unless a different percentage for a defined period is agreed in advance in writing by an authorised representative on behalf of each of the parties.
If a Reservation is cancelled by a Client due to an act or omission of the Property Partner, Commission shall be payable on the Accommodation Rates which would have been payable but for the cancellation (irrespective of whether or not the Accommodation has been occupied by a Guest).
If a Reservation is cancelled by a Client or Guest, Commission shall be payable on any cancellation fee payable under the Cancellation Policy.
Unless otherwise agreed in the Contract Details, We Stay Ltd will deduct the Commission from the payment of Accommodation Rates made to We Stay Ltd by the Client for the Reservation.
Where a Client confirms a Reservation for Accommodation, We Stay Ltd shall take payment from the Client of the Accommodation Rates.
The Property Partner shall invoice We Stay Ltd for the Accommodation Rates: in accordance with the EU TOMS regulations, in respect of a Reservation at an appropriate time (and in any event no sooner than 7 days after the Guests’ check-in date), taking into account the dates for which the Reservation is made; and in any event no later than 60 days after the Guests’ check-out date at the Accommodation.
For Reservations of 30 nights or fewer, We Stay Ltd will pay the whole amount in one transaction. Invoices should be issued to We Stay Ltd by the day that the Reservation ends and the Client checks out.
For Reservations of 31+ nights, We Stay Ltd will pay the first 30 nights in full and the remaining balance on a month-by-month basis thereafter.
Subject to the Property Partner’s compliance with the terms of this, We Stay Ltd will pay all undisputed invoices 31 days from the date of check-in. If the invoice is received after check-in, payment will be 31 days from receipt date.
We Stay Ltd will pay the Accommodation Rates (less Commission) directly to the Property Partner’s nominated bank account. All other ancillary and incidental costs should be charged to the Client directly by the Property Partner, subject to the provision of applicable receipts and invoices.
The Property Partner shall be responsible for any bank charges that apply in relation to a Reservation.
In the event that We Stay Ltd is required to pay a Refund to a Client or Guest, the Property Partner shall pay to We Stay Ltd such amounts as We Stay Ltd requests within 7 days of such request. Credit allocation for future reservations will not be accepted without prior agreement.
Should the Property Partner require a security deposit, this is to be stated to We Stay prior to the booking being confirmed. The security deposit is held on account and will be paid(partial or in full) should a claim be put forward. The Property Partner had 3 days from check out to confirm if there are any damages that require payment from the security deposit. A full breakdown of the damages will need to be provided to We Stay along with evidence/photography. Should we deem this a credible claim, We Stay will arrange with our booking partner to make payment for the damages.
The Property Partner shall provide We Stay Ltd with the Cancellation Policy which applies to a Reservation for Accommodation.
It shall be the responsibility of the Property Partner to provide the Terms of Stay to We Stay Ltd prior to any use of the Accommodation (and to the Guest upon check-in at the Accommodation).
The Property Partner agrees that in all matters relating to Accommodation and a Reservation they shall comply with such Terms of Stay.
The Property Partner may only seek to remove or otherwise refuse entry to a Guest to Accommodation where: the Property Partner has agreed with We Stay Ltd any action in relation to a Guest prior to taking any action; and such action is strictly in accordance with the Terms of Stay, which have been provided to such Guest in advance of such action being taken.
We Stay Ltd shall notify the Property Partner of any cancellation requests from Clients or Guests as soon as possible.
The Property Partner shall refer to We Stay Ltd any cancellation requests, early departures and no shows by the Guest within 24 hours of becoming aware of such event to ensure that Reservations can be amended prior to invoicing.
We Stay Ltd shall be responsible for charging any sums payable by the Client or Guest under the terms of a Cancellation Policy for cancellations, early departures or no shows.
We Stay Ltd shall inform the Property Partner of any extension requests within 24 hours of the request. Any extensions to a Reservation shall be at the same or lower accommodation Rate as for the original Reservation.
The Property Partner shall as a minimum maintain the following insurance policies during the term of this Agreement with a reputable insurance company: public liability insurance, to a minimum of £5 million (or local equivalent), to cover injury and damage to Clients, Guests and other third parties at the Accommodation or otherwise on the Property Partner’s premises. This insurance policy must include cover for accidents; employers’ liability insurance of £5 million (or local equivalent).
Suitable comprehensive insurance for the contents and building of the Accommodation and any other property of the Property Partner of £5 million (or local equivalent).
Where the Property Partner’s insurance covers property belonging to Clients or Guests, the Property Partner shall extend the benefit of such insurance to the Client and Guests.
The Property Partner will notify the applicable insurance company that the Accommodation will be let.
The Property Partner will, on We Stay Ltd’s request, supply We Stay Ltd with evidence of such valid insurance cover.
Nothing in this Agreement shall limit either party’s liability for death or personal injury caused by their negligence or for fraud or fraudulent misrepresentation or for anything else in relation to which it would be unlawful for them to limit or exclude their liability.
We Stay Ltd shall not be liable to the Property Partner, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for any indirect or consequential loss or for any of the following losses: (a) loss of profits; (b) loss of revenue; (c) loss of sales or business; (d) loss of agreements or contracts; (e) loss of anticipated savings; (f) loss of or damage to goodwill or reputation; or (g) loss of use or corruption of data or information.
We Stay Ltd’s total liability to the Property Partner, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited as follows: the extent that the claim relates to a particular Reservation, We Stay Ltd’s liability shall be limited to an amount equal to the Commission paid to We Stay Ltd in respect of that Reservation; and to the extent that the claim does not relate to a particular Reservation, We Stay Ltd’s liability shall not exceed the greater of: (i) £500,000; and (ii) an amount equal to the Commission paid to We Stay Ltd under this Agreement in the 12 month period immediately prior to the event giving rise to the claim.
We Stay Ltd shall not carry out any checks during the Reservation in relation to the Clients or Guests and shall in no way be responsible or liable for their acts or omissions or for any damage or problem caused during their use of the Accommodation. The Property Partner shall accept all risks in relation to the Clients or Guests and their use of the Accommodation.
The Property Partner shall indemnify and keep We Stay Ltd indemnified against any liabilities or losses howsoever caused in relation to the Reservation (or the Client’s, Guest’s or any third party’s use of the Accommodation), except to the extent that the loss or liability occurs due to We Stay Ltd’s or a Group Company’s negligence.
We Stay Ltd, the Owner and the Guest, agree that the law applying to this Contract will be English law and that we agree that the jurisdiction of the English Courts shall apply in any dispute or claim arising out of this agreement.
All bookings are subject to the stipulated terms and conditions that are deemed to have been accepted in full by The Property Partner and all persons in the party.
Payment of a deposit and/or fee also indicates acceptance of these Terms and Conditions.
