Booking and payment arrangement for hotel services • revision 1.0.2
This is a courtesy translation. In case of any discrepancy, the Ukrainian version of this document prevails.
This Public offer is a proposal by STAY UA LLC, USREOU code 46250241, registered address: 9 Baseina St, room 3, Kyiv, 01024, Ukraine (hereinafter — "STAY" or the "Agent"), to conclude an electronic agreement with a natural person — a user of the uastay.com website and/or the related mobile interface (hereinafter — the "Client").
Before each booking is confirmed, the Client is provided with information about the specific supplier of the hotel service, the price, the rate rules, the cancellation terms, the scope of services and other essential terms.
1. Definitions
1.1. "Hotel / Supplier" — a legal entity or an individual entrepreneur that lawfully owns or operates a hotel, apartments or another accommodation facility and directly provides the hotel service to the Client.
1.2. "Platform" — the uastay.com website, related domains, and STAY's mobile and software interfaces through which search, booking and payment are carried out.
1.3. "Booking" — an electronic order of a defined hotel service for specific dates, at a specific rate and price.
1.4. "Confirmation / Voucher" — an electronic document or message containing the booking number, the details of the Hotel and the Client, the dates, the scope and price of services, and the rate rules.
1.5. "Rate rules" — the terms of a specific Hotel offer regarding prepayment, cancellation, date changes, no-show, early check-out, meals, taxes and other parameters.
1.6. "Acquirer / Payment partner" — a bank or another duly authorized payment service provider that accepts and processes the payment.
1.7. "STAY agency service" — searching for and displaying offers, communicating with the Hotel, creating and confirming the Booking, arranging the payment, transferring information, support and, where applicable, arranging a refund.
2. Legal status of STAY and the Hotel
2.1. STAY is a commercial representative (agent/attorney) of the respective Hotel, disclosed to the Client. Under its agreement with the Hotel, STAY is authorized to advertise its services, negotiate, create and confirm Bookings, conclude the hotel-services agreement on behalf of the Hotel, accept payment for the benefit of the Hotel and perform other actions expressly provided for by this Offer.
2.2. The agreement for the actual stay and other hotel services is concluded between the Client and the Hotel. The Hotel is the provider and is responsible for room availability, check-in, quality, safety, conformity with the description, meals, additional services, overbooking and other actions related to the actual provision of the service.
2.3. STAY is not a bank, an acquirer or a payment institution. The financial payment service is provided by the Acquirer/Payment partner. STAY arranges the interaction with such a partner and may receive funds to its own account solely as an authorized representative of the Hotel, in accordance with the agreement with the Hotel and the model approved by the bank.
2.4. Unless expressly stated otherwise on the page of a specific offer, STAY may act as an information/referral platform and redirect the Client to a third party's resource. In that case the agreement is concluded on the terms of the respective third party, provided to the Client before the redirect or the booking.
3. Acceptance and conclusion of the electronic agreement
3.1. The Offer is an electronic proposal to conclude an agreement. Acceptance is the combination of the Client's actions: selecting an offer, filling in the mandatory data, confirming familiarization with this Offer, the Privacy policy and the Rate rules, pressing the "Book", "Pay" or another similar button and/or a successful payment.
3.2. Before acceptance the Client can verify and correct the entered data. The Client is responsible for the correctness of names, contacts, dates, the number of guests, children's ages and other data affecting the price or the possibility of check-in.
3.3. The agreement is considered concluded at the moment the Confirmation/Voucher is sent, unless expressly provided otherwise by the on-request booking rules. For an on-request booking, the agreement with the Hotel arises after a separate confirmation of room availability.
4. Booking procedure
4.1. STAY displays the information provided by the Hotel or an approved room-inventory supplier. The number of available rooms and the prices may change until the Booking is completed.
4.2. Before paying, the Client must verify: the name and address of the Hotel, the room category, the dates, the number of guests, the included services, meals, the full price, the currency, taxes, the tourist tax, the free-cancellation deadline and the other Rate rules.
4.3. After confirmation STAY sends the Voucher by e-mail, messenger, SMS or to the personal account. The Client must immediately report an obvious error.
4.4. The Hotel must honour a valid Voucher. The Voucher does not replace an identity document or other documents required for check-in.
5. Price and payments
5.1. Before the payment is confirmed, the Client is shown the full amount payable online. The tourist tax, a deposit, a resort fee or additional services may be paid separately at the Hotel if this is expressly stated.
5.2. The payment is made through the secure payment page of the Acquirer/Payment partner. Before the payment is initiated, the Client is shown the name of the Acquirer. STAY and the Hotel must not receive the full payment-card details unless otherwise permitted by PCI DSS and the agreement with the Acquirer.
5.3. The Client authorizes STAY to transfer to the Acquirer the payment instruction and the information required to pay for a specific Booking. 3-D Secure and other strong authentication may apply.
5.4. If the funds are credited to STAY's account, STAY accepts them on behalf and for the benefit of the respective Hotel. From the moment a successful payment is confirmed, the Client's obligation to the Hotel within the paid amount is considered fulfilled. Further internal settlements between STAY and the Hotel do not affect the Client's right to receive the confirmed service.
5.5. STAY may receive remuneration from the Hotel. It is not added to the Client's price unless a separate service fee was clearly shown before payment.
5.6. The Acquirer's receipt confirms the payment transaction but is not always a fiscal settlement document. The fiscal receipt is provided by the Hotel or by STAY as the Hotel's duly authorized agent — in accordance with the applied fiscalization model and the law.
6. Cancellation, changes, no-show and refunds
6.1. The possibility and the cost of cancellation are defined by the Rate rules accepted by the Client before payment. A non-refundable rate may provide no refund, except in cases established by law or caused by the fault of the Hotel/STAY.
6.2. A cancellation or change request is submitted through the personal account, the support form or by e-mail to support@uastay.com. The request is considered accepted once registered by STAY. A date change may be processed as a cancellation of the old Booking and the creation of a new one.
6.3. Refunds are made, as a rule, by the same method and to the same payment instrument used for the payment. The crediting time depends on banks and payment systems and is communicated to the Client after the refund is initiated.
6.4. If the service is not provided through the fault of the Hotel, the Hotel must provide an equivalent or better alternative accommodation and/or a refund and documented damages in the cases provided for by law and the agreement.
6.5. In case of a no-show, late arrival or early check-out, the Rate rules apply. The Client informs the Hotel about a late check-in on their own.
7. Client's obligations
- provide truthful and complete guest data;
- follow the rules on accommodation, fire safety, quiet hours, pets, children, deposits and documents;
- not use the Platform for fraud, test or speculative bookings;
- immediately report unauthorized use of the personal account or the payment instrument;
- keep the Voucher and the payment documents.
8. Liability
8.1. STAY is responsible for the proper performance of its own agency service: correctly transferring the Booking to the Hotel, displaying the agreed data, issuing the Voucher, arranging the payment and forwarding refund requests.
8.2. The Hotel is responsible for the actual provision of the hotel service, the accuracy of the description, the category and condition of the room, check-in, safety, sanitary requirements, overbooking, the work of its staff and refunds arising from causes on the Hotel's side.
8.3. STAY is not released from liability for its own fault, intent, gross negligence, violation of personal-data processing rules, or cases where limiting liability is prohibited by law.
8.4. Technical interruptions or the actions of banks, payment systems, communication providers or third-party suppliers do not release STAY from the obligation to take reasonable measures to restore the service, inform the Client and preserve the payment/booking status.
9. Claims and support
9.1. The Client first raises accommodation issues with the Hotel directly during the stay, to give it a chance to remedy the defect. The Client may contact STAY at the same time.
9.2. Requests are sent to support@uastay.com and must state the Booking number, contact details, a description of the situation and supporting materials.
9.3. STAY confirms receipt of the request and communicates the outcome within the period provided by law or objectively required to obtain a response from the Hotel/bank.
10. Personal data and cookies
10.1. Personal data is processed in accordance with the Privacy policy, which is an integral part of this Offer. Data is transferred to the respective Hotel, the Acquirer, and IT, communication and support providers to the extent necessary for the Booking and the payment.
10.2. Marketing messages are sent only where there is a proper legal basis and an option to opt out.
11. Intellectual property
11.1. The rights to the Platform, the program code, the design, the databases and the trademarks belong to STAY or its licensors. Photos, descriptions and designations of Hotels are provided by the respective rights holders.
11.2. The Client is granted a limited right to use the Platform solely for personal booking. Automated data collection, copying, resale and interference with its operation are prohibited.
12. Force majeure
12.1. A party is released from liability for non-performance caused by extraordinary and unavoidable circumstances, to the extent they actually prevent performance. The party must notify the other party and minimize the consequences.
12.2. Force majeure does not cancel the Client's right to a refund for a service that cannot be provided, unless expressly established otherwise by law or by the fair terms of a specific rate.
13. Changes to the Offer and its term
13.1. The Offer is valid indefinitely. The revision accepted by the Client at the moment of the Booking governs that Booking until it is fully performed.
13.2. A new revision is published on the Platform and applies to new Bookings. Material changes have no retroactive effect on already confirmed Bookings without the Client's consent, except as required by law.
14. Governing law and dispute resolution
14.1. The relations are governed by the law of Ukraine. Disputes are resolved through negotiations and, failing agreement, by the competent court in compliance with consumer-protection and jurisdiction rules.
14.2. The Client is not deprived of the mandatory rights provided by the legislation of the state of their habitual residence, if such legislation applies.
15. STAY details
| Item | Value |
|---|---|
| Full name | STAY UA LIMITED LIABILITY COMPANY |
| USREOU code | 46250241 |
| Registered address | 9 Baseina St, room 3, Kyiv, 01024, Ukraine |
| Support e-mail | support@uastay.com |
| Website | https://uastay.com |