The services of OH-Stay are currently only available to citizens of the European Economic Area (EEA), Switzerland, or the United Kingdom. If you reside in the European Economic Area (EEA), Switzerland, or the United Kingdom, our Terms of Service for European Users apply to you.

 

Terms of Service for European Users

 

·       For EEA Consumers: If you reside in the EEA, you can find out more about consumer redress in the European Commission’s from this link: https://consumer-redress.ec.europa.eu/index_en

·       OH-Stay.com's Stance: Please be aware that OH-Stay.com is not obligated to use an alternative dispute resolution entity within the meaning of Directive 2013/11 EU to resolve disputes with consumers.

·       Platform Availability: The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom.

 

These Terms of Service for European Users (or "Terms") form a binding legal agreement between you and OH-Stay.com. They cover your use of all OH-Stay.com websites, applications, and other services (collectively, the "OH-Stay.com Platform"). When we say "OH-Stay.com," "we," "us," or "our" in these Terms, we're referring to the specific OH-Stay.com entity you're contracting with, as detailed in Schedule 1.

 

About the OH-Stay.com Platform

 

OH-Stay.com Platform serves as an online marketplace connecting users, referred to as Members. It allows them to publish, offer, search for, and book various services.

Members generally fall into two categories:

 

·       Hosts: These are OH Family Members who publish and offer services. They provide Accommodations (places to stay) and other related Host Services. These services can include things like personal training, wellness sessions, or meal preparation, all listed on the platform as Listings.

·       Guests, Participants, or Travelers: These are OH Members who search for, book, or use the services offered by Hosts.

 

OH-Stay.com's Role

 

It's important to understand that OH-Stay.com provides the platform itself, but does not own, control, offer, or manage any Listings, Host Services, or tourism services.

We are not a party to the direct contracts made between Hosts and Guests. Think of us as a facilitator, not an involved party in the actual service delivery.

Specifically, OH-Stay.com is not:

 

·       A real estate broker

·       A travel agency

·       An insurer

·       An organizer or retailer of travel packages under Directive (EU) 2015/2302

 

Unless otherwise stated in our Payment Terms of Service ("Payment Terms"), OH-Stay.com does not act as an agent for any OH Member. For more detailed information about our role, please refer to Section 17.

 

Digital Accessibility at OH-Stay.com

We're dedicated to ensuring our website and app are digitally accessible for everyone. To understand how we meet accessibility standards, including tips for using our site and getting help with any accessibility issues, please check out our Accessibility Statement.

 

Guest Terms for European Users

 

1.        Searching and Booking on OH-Stay.com

2.       Reservation Management: Cancellations, Disruptions, Reimbursements, and Amendments

3.       Understanding Your Obligations

Host Terms For European Users

 

4.        Hosting on OH-Stay.com

5.        Manage Your Listing

6.        Reservation Management: Cancellations, Disruptions, Reimbursements, and Amendments

7.        Taxes

General Terms

 

8.       Reviews

9.       Content

10.    Fees

11.     OH-Stay.com Platform Rules

12.    Content Notification and Content Moderation

13.    Termination, Suspension and other Measures

14.    Complaint Handling System

15.    Modification of These Terms

16.    Resolving Complaints and Damages Reports between Members

17.    OH-Stay.com Role

18.    Member Accounts

19.    Disclaimer

20.    Liability

21.    Indemnification

22.    Contracting Entities

23.    Applicable Law and Jurisdiction

24.    Miscellaneous

 

Additional Terms Specific to Business Hosts

 

25.    Hosting on OH-Stay.com as a Business Host

26.    Complaint Handling and Mediation

27.    Access to Data

28.    Additional Distribution Channels

 

Schedule 1: Contracting Entities

 

Guest Terms for European Users

 

1.               Searching and Booking on OH-Stay.com

 

1.1       Searching

 

           The OH-Stay.com Platform allows you to search for Host Services using various criteria, including but not limited to, the type of service, listing classification, desired travel destination, specific dates, and guest count. Filters are available to narrow your results. Search outcomes are determined by their relevance to your query and other specified criteria. Relevance is calculated based on factors such as pricing, availability, user reviews, customer service and cancellation records, overall popularity, your previous stays and saved listings, and Host-specific requirements (e.g., minimum or maximum stay durations). Further information regarding search results is available in Section 5.3 and our Help Centre.

 

1.2       Booking

 

           When you book a Listing, you're agreeing to pay the Total Price. This includes the Listing price, OH-Stay.com's service fee, any offline fees, taxes, and other charges clearly shown during checkout. If you pay in a different currency than the Host's set price, we determine the currency conversion rate.

           

           Once your booking is confirmed, a Reservation — a direct contract for Host Services — is formed between you and the Host. Besides these Terms, you'll also be bound by all Reservation terms. This includes the cancellation policy and any other rules, standards, policies, or requirements specified in the Listing or during checkout. It's your responsibility to read and understand these before booking. Keep in mind that some Hosts work with co-hosts or as part of a team to provide their services.

 

1.3       Accommodation Reservations

 

           When you reserve an accommodation, you're granted a limited right to occupy and use it. Your host can still enter the accommodation during your stay, but only if it's genuinely needed, permitted by your contract, and allowed by law. Should you overstay your reservation, the host can legally remove you and may charge reasonable penalties. You must also adhere to the maximum guest limit.

 

1.4           Reservations for Services, and Other Host Services

 

           Booking a Service or Host Service grants you the right to use it. It's your responsibility to ensure that you, and any guests you bring, meet all necessary age, proficiency, fitness, or other criteria. You must also inform the host of any medical or physical conditions, or other relevant circumstances, that could impact your ability to participate or use the service. Do not permit anyone to join a Service or Host Service who wasn't added as an additional guest during the booking process, unless explicitly authorized.

 

2.               Reservation Management: Cancellations, Disruptions, Reimbursements, and Amendments

 

2.1       Cancellations, Reservation Issues, and Refunds

 

           Your refund amount if you cancel a booking generally depends on the cancellation policy chosen for that specific reservation. There are, however, special circumstances where different rules apply. If an unavoidable event (like a natural disaster) forces you to cancel, you might receive a partial or full refund through our Major Disruptive Events Policy. Should your Host cancel, or if you face a problem with your reservation (as outlined in our Rebooking and Refund Policy for Homes), you could be eligible for help finding a new booking or a partial/full refund under that policy. Keep in mind that certain types of listings, like Services, have their own distinct refund policies. For all the specifics on what's covered and your potential refund, please check each relevant policy. If you disagree with a decision, you can always contact OH-Stay.com Customer Service to appeal.

 

2.2       Booking Amendments

 

           Hosts and Guests are responsible for any booking amendments they agree to make via the OH-Stay.com Platform ("Booking Amendments"), and agree to pay any additional amounts, fees or taxes associated with any Booking Amendments.

 

3.         Understanding Your Obligations

 

           You are accountable for your conduct and for that of anyone you bring to the accommodation, shared spaces, or any service. This includes ensuring:

 

·        The accommodation and common areas are returned in their original condition.

·        You pay for all confirmed damages (per Section 16 of these Terms).

·        You consistently act with integrity, show respect to others, and follow all laws.

 

           If a minor is part of your booking or presence at a Host Service, you must be their legal guardian and are fully responsible for their supervision.

 

           You are not liable for the actions of individuals providing Host Services whom you've arranged for through OH-Stay.com and given access to the accommodation for that specific purpose.

 

Host Terms

 

4.         Hosting on OH-Stay.com

 

4.1       Host

 

           As an OH-Stay.com Host, you get to share your unique Accommodation, Services, or other Host offering with our wonderful community of Guests – and earn money while you do it! We make it simple to create your Listing, giving you complete control over your prices, availability, and house rules. (If you're a Business Host, Section 26 has a few extra terms for you.)

 

4.2       Contracting with Guests

 

           By accepting a booking on OH-Stay.com, you enter a direct agreement with the Guest. Your obligation is to deliver the Host Service precisely as outlined and priced in your listing.

 

           You'll also be responsible for applicable fees, including OH-Stay.com's service fee and guest taxes per booking. OH-Stay.com Payments will deduct these from your payout, unless otherwise agreed.

 

            Any supplemental contracts with Guests must:

 

·        Align with OH-Stay.com's Terms, Additional Legal Terms, Policies, and your listing information.

·        Be prominently disclosed within your listing description.

 

4.3       Independence of Hosts

 

           As an OH-Stay.com Host, you maintain your status as an independent individual or entity. You're not an employee, agent, partner, or in a joint venture with OH-Stay.com, except for our role as a payment collection agent as explained in the Payments Terms. This means you have total control over your Host Service. You're free to choose when and if you provide services, and you set your own prices and conditions.

 

5.         Managing Your Listing

 

5.1       Creating and Managing Your Listing

 

          The OH-Stay.com Platform offers easy-to-use tools for setting up and managing your Listing. It's crucial that your Listing contains complete and accurate information about your Host Service, including your price (and any extra charges), plus any rules or requirements for Guests.

 

           You are responsible for your own actions and for keeping all your Listing information accurate and current at all times. This includes your calendar availability and content like photos. We strongly recommend you get appropriate insurance for your Host Services and carefully review its terms, conditions, coverage, and exclusions.

 

           You can only have one Listing per Accommodation. However, if your property has multiple separate places to stay, you're welcome to create a Listing for each. Any additional services you offer are subject to our Additional Terms for Services.

 

5.2       Know Your Legal Obligations

 

          You are accountable for understanding and complying with all applicable laws, rules, regulations, and third-party agreements pertaining to your Listing and Host Services.

 

            This includes, but is not limited to:

 

·        Restrictions from landlords, leases, or homeowner associations on short-term/longer-term rentals.

·        Local zoning laws affecting residential short-term rentals.

·        Requirements for Host registration, permits, or licenses for specific services (e.g., rentals, food, alcohol, tours, vehicle operation).

·        Potential prohibitions of certain Host Services altogether.

·        Mandatory Guest registration.

·        Laws creating Guest tenancy rights and additional Host obligations (e.g., landlord-tenant, rent control for longer stays).

 

            Verify local rules relevant to your Host Services. Our provided legal information is for guidance only; you must confirm your own obligations.

 

           Furthermore, you are responsible for processing Guest personal data in accordance with privacy laws and our Terms, including our Host Privacy Standards. Seek legal advice for questions about local laws.

 

5.3       Search Results

 

           Understanding how your Listing ranks on OH-Stay.com search results is important. Our system considers various elements, with the main ones being:

 

·        What Guests are looking for: Number of guests, destination, trip dates and length, and desired price.

·        Your Listing's attributes: Such as its location, price point, calendar accuracy, image quality, guest reviews and ratings, the type of service you offer, your Host status, how long your listing has been active, and its overall engagement/popularity.

·        Guest's past interactions: Including your track record for customer service and cancellations, and how easy it is to book your listing.

·        Your set rules: Like minimum or maximum night stays, and booking cut-off times.

·        Individual Guest history: Their previous trips, viewed/saved listings, and current search location.

 

           Keep in mind that search results can look different on our mobile app compared to the website, and also in the map view. OH-Stay.com might also provide opportunities for Hosts to gain more visibility by paying to promote their Listings. More comprehensive information on search factors and promotional options is available in the OH-Stay.com Help Centre.

 

5.4       Your Responsibilities

 

           You are responsible for your own actions and for the actions of anyone you allow to help provide your Host Services. You are also in charge of setting your price and establishing all rules and requirements for your Listing.

 

           It's essential that you describe all additional fees and charges clearly in your Listing description. Furthermore, you must ensure all mandatory fees and charges for your listing are included in your price breakdown.

 

           You cannot collect any fees or charges outside the OH-Stay.com Platform unless our Offline Fee Policy specifically authorizes it. Please do not encourage Guests to create external accounts, submit reviews elsewhere, share their contact information, or take any other actions off the OH-Stay.com Platform that violate our Off Platform Policy.

 

5.5       Hosting as a Team or Organization

 

            If you host as part of a team, business, or other organization:

 

·        You are responsible and liable for the actions and omissions of everyone who helps you provide Host Services for your listings.

·        You must inform all personnel involved of their obligations under these Terms.

·        By accepting these terms or entering into contracts, you represent and warrant that you have the authority to bind your team, business, or organization, and that each entity is in good standing under applicable laws.

·        If you perform other functions not governed by OH-Stay.com Terms of Service, you represent and warrant that you are authorised to do so

 

6.         Cancellations, Reservation Issues, and Booking Modifications

 

6.1       Cancellations and Reservation Issues

 

           When a guest cancels a reservation, your payout is based on the cancellation policy you set for that booking. As a host, you generally shouldn't cancel a guest's reservation unless there's a valid reason under our Major Disruptive Events Policy or applicable law. If you cancel without a valid reason, we might charge a cancellation fee and impose other penalties.

 

            Your payout will be reduced if:

 

·        A guest has a Reservation Issue (as defined by our Rebooking and Refund Policy for Homes).

·        A Major Disruptive Event occurs.

·        The reservation is canceled under Section 13 of these Terms.

 

           In these situations, your payment will be reduced by any amount we refund to the guest or other reasonable costs we incur due to the cancellation. If a guest receives a refund after you've been paid, or if the refund and our costs exceed your payout, OH-Stay.com (via OH-Stay.com Payments) can recover that amount from you, including by deducting it from future payouts.

 

           You agree that OH-Stay.com's Rebooking and Refund Policy for Homes, Major Disruptive Events Policy, and these Terms override your set cancellation policy when they permit a reservation cancellation or guest refund. If we anticipate issuing a guest refund under these policies, we might hold your payout for that reservation until a decision is made.

 

            For other Services: Please note that the Services and Cancellation Policy, Refund Policy for Services and different cancellation fees and consequences apply to these types of bookings. Refer to each policy for specific details on coverage and payouts.

 

6.2       Booking Modifications

 

           By agreeing to a booking modification via the OH-Stay.com platform, hosts and guests accept responsibility for that change. You also agree to pay any associated additional amounts, fees, or taxes.

 

7.         Taxes

 

7.1       Host Taxes

 

           As a Host, you are responsible for understanding and handling all taxes related to your listings, including VAT, occupancy, tourist, and income taxes. This involves determining, collecting, reporting, and paying them, or ensuring they are included in your pricing, as required by law.

 

7.2       Collection and Remittance by OH-Stay.com

 

           In areas where OH-Stay.com is obliged to handle the collection and/or payment of Taxes for Hosts, you give OH-Stay.com permission to collect these Taxes on your behalf and/or send them to the tax authority. Any Taxes OH-Stay.com collects or sends will be shown on your transaction records. If the collected Taxes aren't enough to cover your tax obligations, OH-Stay.com may charge you the difference (even by deducting it from future payments). Your only way to get back Taxes collected by OH-Stay.com is through a refund from the tax authority. We also reserve the right to stop collecting and remitting Taxes in any area, with prior notice to affected members.

 

7.3       Tax Information

 

           In some places, tax laws may require OH-Stay.com to collect or report your tax information, or to withhold taxes from your payouts, or both. If you don't provide the necessary documents to prevent tax withholding, we may legally hold back payouts until you do. You agree that OH-Stay.com can issue invoices or similar documents on your behalf for VAT/IVA, GST, consumption, or other taxes related to your Host Services, to help with accurate tax reporting.

 

General Terms

 

8.         Reviews

 

           After each Host Service, both guests and hosts can review each other. Your review must be accurate and can't include any language that's discriminatory, offensive, defamatory, or violates our terms, applicable law, or our Content or Review Policies. Keep in mind that OH-Stay.com doesn't verify reviews for accuracy, so they might be incorrect or misleading.

 

9.         Content

 

           The OH-Stay.com Platform allows you to share various forms of content, including text, photos, audio, and video. When you provide this 'Content,' you grant OH-Stay.com a broad, worldwide, royalty-free license to use, store, copy, modify, distribute, publish, and otherwise exploit it to operate and promote the platform across all media (including the internet and social networks). If your Content includes personal information, we'll only use it in line with our Privacy Policy and data protection laws.

 

           In cases where OH-Stay.com funds or helps create Content, we might own it, as specified in additional terms. You are entirely responsible for the Content you provide, ensuring you either own it or have permission to grant us these rights. You are also liable if your Content infringes on anyone's intellectual property or privacy rights. All Content must follow our Content Policy and Nondiscrimination Policy, which forbid discriminatory, obscene, violent, or illegal material, among others.

 

           You agree that OH-Stay.com may use services or automated tools to translate your Content, but we don't guarantee the accuracy of these translations. Members are responsible for verifying their accuracy.

 

10.       Fees

 

           OH-Stay.com may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the OH-Stay.com Platform. Any applicable fees are disclosed to Hosts before publishing a listing and to Guests before making a booking.The OH-Stay.com fee promise is that the Host fee will be 10% of the accomodation charged nightly and calculated on the total number of nights booked. Hosts should also note that no fees are charged on additional services such as cleaning fees etc. More information about when service fees apply and how they are calculated can be found on our Service Fees Page Except as otherwise provided on the OH-Stay.com Platform, service fees are non-refundable. 

 

11.       OH-Stay.com Platform Rules

 

11.1     Rules

 

           You must follow these rules and ensure you don't help or encourage others to break them.

 

            Act with Integrity and Respect

 

·        Be truthful: Don't lie, misrepresent yourself or others, or impersonate anyone.

·        Communicate politely: Always be respectful in your interactions.

·        Play by the rules: Don't try to get around our Terms, policies, or standards (e.g., by creating fake accounts or duplicate listings).

·        No discrimination: Follow our Non Discrimination Policy; do not discriminate against or harass anyone.

 

            Respect Our Platform and Technology

 

·        No unauthorised access: Don't use bots, crawlers, scrapers, or other automated tools to access or collect data from OH-Stay.com.

·        Protect our security: Don't hack, bypass, or try to disable any security features on the OH-Stay.com Platform or its content.

·        Don't tamper with our software: Do not decipher, decompile, or reverse engineer any software or hardware related to OH-Stay.com.

·        Avoid damage: Don't take any action that could harm or impair the performance of the OH-Stay.com Platform.

 

            Use OH-Stay.com as Intended

 

·        Authorised use only: Only use the platform as allowed by these Terms or another agreement with us.

·        Respect personal information: Only use another Member's personal information when necessary to complete a transaction on OH-Stay.com and as authorized by these Terms.

·        No unsolicited commercial messages: Don't send commercial messages using our platform, messaging tools, or Members' personal information without their explicit consent.

·        Content use: You can only use Content from OH-Stay.com to facilitate your role as a Guest or Host. Don't use Content without the owner's permission or our authorization.

·        Stay on platform for bookings: Do not request, make, or accept bookings or payments outside of the OH-Stay.com Platform to avoid fees, taxes, or for any other reason (see our Offline Fee Policy for exceptions).

·        No third-party pushing: Don't require or encourage Guests to interact with third-party websites, apps, or services before, during, or after a Reservation, unless OH-Stay.com has authorized it.

·        Fair search practices: Do not try to manipulate our search algorithm.

·        Legitimate bookings: Only book Host Services if you genuinely intend to use them.

·        Protect our branding: Don't use, copy, display, mirror, or frame the OH-Stay.com Platform, its content, or our branding/layout without our consent. 

 

            Honor Your Legal Obligations

 

·        Know the law: Understand and follow all applicable laws, including those related to privacy, data protection, and exports.

·        Handle personal data responsibly: If you provide us with someone else's personal information, you must do so legally, be authorized to share it, and allow us to process it according to our Privacy Policy.

·        Abide by our policies: Read and follow all our Terms, Additional Legal Terms, Policies, and Standards.

·        No unauthorized parties: Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events.

·        Respect trademarks: Do not use OH-Stay.com's or others' names, logos, branding, or trademarks without permission, and only as outlined in our Trademark Guidelines.

·        Avoid confusing names: Do not use or register any domain names, social media handles, or other identifiers that are too similar to OH-Stay.com's trademarks, logos, or branding (see Trademark Guidelines for details).

·        Legal Host Services only: Do not offer Host Services that violate any laws or agreements that apply to you.

·        Zero tolerance for illegal activities: Do not offer or solicit prostitution, or participate in or facilitate human trafficking.

 

11.2     Reporting Violations

 

            Reporting Concerns on OH-Stay.com

 

           If you believe a Member, Listing, or Content presents an immediate danger to someone or something, you should contact local authorities right away before reaching out to OH-Stay.com.  Additionally, if you think a Member, Listing, or Content has violated our standards, please report your concerns to OH-Stay.com. If you've already reported an issue to local authorities, we might ask for a copy of that report. Please note, unless legally required, we're not obligated to act on every report we receive.

 

 12. Content Notifications and Content Moderation

 

·        While OH-Stay.com isn't generally obligated to monitor all Content provided by members or actively search for illegal activity or content that violates our terms or policies, we do reserve the right to investigate, identify, and remove or disable access to any Content that is illegal or incompatible with our standards. We can also take any other necessary actions as outlined in these Terms.

 

·        You agree to cooperate with and assist OH-Stay.com in good faith, and to provide OH-Stay.com with such information and take such actions as may be reasonably requested by OH-Stay.com with respect to any investigation undertaken by OH-Stay.com regarding Content on the OH-Stay.com Platform or the use or abuse of the OH-Stay.com Platform.

 

·        OH-Stay.com provides an electronic 'Content Notification' form for Members and designated trusted flaggers (as per EU Regulation 2022/2065, Article 22) to report allegedly illegal Content, including copyright infringements, on our platform. Find more details on how to report Content in our Help Centre.

 

·        To identify, review, and moderate content, OH-Stay.com uses a mix of human review, automated tools, or both, as part of its own investigations and when reviewing Content Notifications. If we use automated tools to review your content and then take action, we'll notify you that automated means were used, unless legitimate interests of OH-Stay.com or its members prevent such notice.

 

·        OH-Stay.com is entitled to suspend the processing of Content Notifications for a reasonable period of time, if the Notifier in question frequently submits notifications that are manifestly unfounded. Where appropriate, OH-Stay.com will issue a warning prior to such a suspension. When deciding on a suspension, OH-Stay.com will take into account all relevant facts and circumstances apparent from the information available to OH-Stay.com, including (i) the amount, severity and frequency of unfounded notifications; (ii) the ratio of unfounded notifications to all notifications of the Notifier; and (iii) the intentions pursued by the Notifier, insofar as they can be determined by OH-Stay.com

 

13.       Termination, Suspension and other Measures

 

13.1     Term

 

           This agreement between you and OH-Stay.com stays in effect until either you or we end it, following these Terms.

 

13.2     Termination

 

            Ending Your Agreement with OH-Stay.com

 

            You can end this agreement anytime by emailing us or deleting your account.

 

            OH-Stay.com can also terminate this agreement:

 

1.     By giving you 30 days' notice via email or other contact information you've provided.

 

2.     Immediately and without notice if:

·          You significantly break our Terms, Additional Legal Terms, or Policies.

·          You violate applicable laws.

·          It's necessary to protect the safety or property of OH-Stay.com, our Members, or third parties (e.g., in cases of fraud).

·          Your account has been inactive for over two years

 

13.3     Member Violations

 

            OH-Stay.com reserves the right to take action against you if any of the following occur:

 

·        You violate these Terms, our Additional Legal Terms, Policies, or Standards.

·        You infringe upon applicable laws, regulations, or the rights of third parties.

·        You submit Content that is unlawful or inconsistent with these Terms.

·        You consistently receive negative feedback, or OH-Stay.com becomes aware of or receives complaints regarding your conduct or performance.

·        You frequently cancel confirmed bookings or fail to respond to booking requests without legitimate justification.

·        Such measures are deemed necessary to safeguard the personal safety or property of OH-Stay.com, its Members, or any third party.

·        Control your access to the OH-Stay.com Platform and/or your account (e.g., by suspension or limitation).

 

            OH-Stay.com reserves the right to:

 

·        Manage the presence and visibility of Listings, reviews, or other Content (e.g., by suspension, removal, disabling access, or restriction).

·        Terminate pending or confirmed bookings.

·        Withdraw any special status associated with your account.

 

13.4     Legal Mandates

 

           OH-Stay.com can take any action it deems necessary to comply with the law or respond to requests from courts, law enforcement, or government agencies. This includes the measures mentioned in Section 13.3.

 

13.5     Effect of Termination

 

            Terminating your OH-Stay.com account has different implications:

 

·        Hosts: All confirmed bookings are automatically canceled, and Guests receive full refunds.

·        Guests: All confirmed bookings are automatically canceled, with refunds subject to the listing's cancellation policy.

 

           Upon termination of this agreement, you lose all rights to account restoration or content recovery. If your access has been limited, suspended, or this agreement terminated by us, you cannot create a new account or use the OH-Stay.com Platform via another member's account.

 

 

14.       Complaint Handling System

 

 

 

14.1     For members residing or established within the EEA, should OH-Stay.com implement any measures detailed in Section 13.3 due to your provided content being illegal or non-compliant with these Terms, you have the right to submit a complaint via our internal complaint handling system. Further information on submitting a complaint is available in our Help Centre.

 

14.2    OH-Stay.com's complaint system is also available to EEA members and third parties if their content notification (under Section 12.3) was rejected, in whole or in part, by OH-Stay.com.

 

14.3    You can submit a complaint through our system for three (3) months. This period starts:

·        For Section 14.1, on the day you are informed of the action taken against you.

·        For Section 14.2, on the day the notifier is informed their Content Notification was rejected.

 

14.4    OH-Stay.com can temporarily stop processing complaints from members or notifiers who frequently submit clearly unfounded complaints. We'll issue a warning before doing so. When deciding on a suspension, we consider all available information, including:

 

·        The number, seriousness, and frequency of unfounded complaints.

·        The proportion of unfounded complaints compared to all complaints.

·        The member's or notifier's apparent intentions.

 

14.5    Members impacted by Section 14.1 measures and Notifiers whose Content Notifications were rejected by OH-Stay.com have the right to select a certified out-of-court dispute settlement body under Article 21 of Regulation (EU) 2022/2065. This is for resolving disputes concerning those measures, including complaints our internal system couldn't settle.Both parties commit to engaging in good faith with the chosen dispute body. OH-Stay.com retains the right to decline participation if the dispute, involving the same content and alleged illegality or inconsistency with these Terms, has already been resolved or is currently before a competent court or another dispute resolution body.

 

14.6     If your inquiry or complaint isn't covered by OH-Stay.com's specific complaint handling system, please contact our customer service team.

 

15.       Modification of these Terms

 

           When we plan to change these Terms, we'll post the updated version on the OH-Stay.com Platform and refresh the "Last Updated" date at the top. We'll also notify you of these proposed changes at least 28 days before they take effect. We'll use email, the OH-Stay.com Platform, our messaging service, or any other contact method you've chosen.

 

           If the changes are significant, we'll ask you to explicitly accept the new Terms. Our notice will also inform you of your right to reject these changes, the deadline for doing so, and your right to end the Agreement before the changes go into effect.

 

           For minor changes that don't alter the core nature or scope of our services, or for changes required by law or a court/authority order, your continued use of the OH-Stay.com Platform after the effective date means you accept the revised Terms.

 

16.       Resolving Complaints and Damage Reports between Members

 

16.1     Damage and Compensation Process

 

           If a member provides valid evidence that you, your guests, or your pets are responsible for:

 

·        Damaging property: This includes real or personal property belonging to the complaining member or the accommodation owner (if different from the host), or property for which the complaining member is responsible or has an economic interest.

·        Causing lost booking income or other direct damages: This refers to financial losses resulting directly from the property damage mentioned above.

·        Incurring excessive cleaning costs: This means cleaning costs that go beyond the standard cleaning fee.

 

            (Each of these instances is considered a "Damage Report.")

 

           The complaining member can then notify OH-Stay.com and/or request compensation through the Resolution Centre. We'll inform you of the Damage Report and give you a chance to respond. If you agree to pay, you authorize OH-Stay.com, through OH-Stay.com Payments, to collect the agreed-upon amount from you.

 

16.2     When a Damage Report Can't Be Resolved

 

           If a Host and Guest can't settle a Damage Report, or if a Guest doesn't pay, the Host can notify OH-Stay.com through the Resolution Centre, following the Host Damage Protection Terms, to seek compensation.

 

           OH-Stay.com will review the report and ask the Host for evidence to support both the claim and the amount (like documents, photos, invoices, or expert opinions). The Guest will then have a chance to respond and provide their own counter-evidence.

 

           If OH-Stay.com decides, based on the evidence, and legal rules on burden of proof, that the Guest is responsible for the damage, OH-Stay.com (through OH-Stay.com Payments) will subject to Clause 16.3 below seek to recover the cost of the damage.

 

16.3     Guest Responsibility and Collection

 

           If OH-Stay.com resolves thaty the Host should be compensated we may then collect that amount from the Guest, including by charging their Payment Method up to a maximum of €750 OH-Stay.com may also pursue other legal avenues to recover Damage Report amounts, even those over the €750 limit. This could involve using a collections agency or taking legal action against the Guest. Failure to pay may result if further legal action and or proceedings. Members can appeal any decision made by OH-Stay.com by contacting our customer service.

 

            OH-Stay.com is always responsible for proving any damage and the cost of repairs when a claim is made against a Member.

 

           Your Cooperation with OH-Stay.com

 

           You agree to work with OH-Stay.com in good faith, providing any information they request, signing necessary documents, and taking other reasonable steps. This includes situations involving:

 

·        Damage Reports

·        Member complaints

·        Claims made under insurance policies

·        Other claims related to your use or provision of Host Services

 

16.4     Your Rights Remain Unaffected

 

Any decisions OH-Stay.com makes about a damage report don't change your contract or legal rights. You're still free to take legal action if you wish.

 

17.       OH-Stay.com Role

 

How OH-Stay.com Works

 

We provide a platform where members can list, offer, search for, and book host services. When members book a stay, they're forming a direct contract with each other. OH-Stay.com is not a party to this agreement and doesn't act as an agent for any member, except when OH-Stay.com Payments collects payments on your behalf as outlined in our Payments Terms.While we strive for great experiences, we don't control how guests and hosts behave or perform. We don't guarantee the existence, quality, safety, suitability, or legality of any listings or services, nor do we guarantee the truthfulness of listing descriptions, reviews, or other content provided by members.

 

Content Monitoring & Your Data

 

           You agree that OH-Stay.com can record, review, monitor, disable access to, remove, or edit your text messages, in-app messages, phone recordings, and other content. We do this to:

 

·        Operate, secure, and improve the OH-Stay.com platform (including for fraud prevention, risk assessment, investigations, and customer support).

·        Ensure you comply with these terms.

·        Follow the law or orders from courts, law enforcement, or government bodies.

·        Address content we deem harmful or objectionable.

·        Take actions outlined in these terms.

·        Maintain quality standards, including removing listings that don't meet our criteria.

 

If we remove or disable your content, we'll notify you and explain why, unless doing so would:

 

·        Prevent fraud or illegal activities.

·        Harm the legitimate interests of other members or third parties.

·        Break applicable laws.

 

18.       Member Accounts

 

Account Registration and Responsibilities

 

To use most features of the OH-Stay.com Platform, you need to register an account. You must be at least 18 years old to register, and registration is open to individuals, legal entities, and partnerships. If you're a "Business Host" (as defined in Section24.11 ), additional terms apply.

 

You confirm that you are not prohibited from using the OH-Stay.com Platform by any laws in your location or any other relevant jurisdiction.

 

      You are responsible for:

 

·        Providing accurate, current, and complete information when you register and keeping it updated.

·        Not transferring your account to anyone else.

·        Keeping your account login details confidential and secure. Do not share them with any third party.

·        Immediately informing OH-Stay.com if you suspect your login details are lost, stolen, or your account has been compromised.

 

You are responsible for all activities that happen through your OH-Stay.com account, unless those activities were unauthorized by you and you were not negligent (e.g., by failing to report the unauthorized use or loss of your credentials).

 

Identity Verification (Optional)

 

      Where allowed by law, we may, but are not obligated to:

 

·        Ask for your identification or other information.

·        Perform checks to verify your identity or background.

·        Screen you against third-party databases or other sources and request reports from service providers.

·        Obtain public records of criminal convictions or sex offender registrations, or their local equivalents.

 

19.       Disclaimer

 

Our Role and Limitations

 

We don't endorse or guarantee the existence, behaviour, performance, safety, quality, legality, or suitability of any guest, host, host service, listing, or third party. Even if we conduct verification, identity, or background checks on members, we can't promise these checks will uncover past misconduct or prevent future issues. When a member is described as "verified" or similar, it just means they or OH-Stay.com completed a specific verification process—nothing more.

 

We're also not responsible for internet or telecommunications outages that are beyond our control and might interrupt the OH-Stay.com Platform's availability.

 

      Platform Availability and Maintenance

 

     OH-Stay.com might temporarily limit the availability of our platform or certain features. We'll always consider our members' legitimate interests, for example, by giving you advance notice. This might be necessary due to:

 

·        Capacity limits

·        Server security or integrity

·        Maintenance to ensure the platform functions correctly or is improved

 

20.       OH-Stay.com's Liability

 

      OH-Stay.com is fully liable by law for:

 

·        Injury or death caused by our negligence or intentional wrongdoing (or that of our representatives).

·        Claims arising from guarantees we've provided or other strict liability situations.

·        Other damages resulting from intentional or grossly negligent misconduct by us or our representatives.

 

However, we are generally NOT liable for damages caused by simple negligence, unless it's a breach of a "core contractual obligation."

 

For damages resulting from simple negligence in breaching a core contractual obligation, OH-Stay.com's liability (and that of our representatives and agents) is limited to typical, foreseeable damages.

 

Core contractual obligations are duties you reasonably rely on us to fulfill for the contract to work properly.

 

Whenever our liability is limited or excluded, these same limits apply to our legal representatives, employees, and other agents.

 

21.       Indemnification

 

            Your Responsibility and Indemnification

 

           To the fullest extent allowed by law, you agree to release, defend (if OH-Stay.com chooses), and compensate OH-Stay.com (including OH-Stay.com Payments, our affiliates, and staff). This means you'll protect us from any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, that arise from or are connected with:

 

·        Breaking these Terms (including any extra terms for specific products or features), our Additional Legal Terms, Policies, or Standards.

·        Improperly using the OH-Stay.com Platform.

·        Your interactions with other members, stays at accommodations, or participation in any service, experience, or other Host Service. This includes any injuries, losses, or damages (whether direct, indirect, incidental, consequential, or otherwise) that occur as a result.

·        Your failure to accurately report, collect, or pay taxes, or our failure to do so when you've instructed us.

·        Violating any laws, regulations, or the rights of others, such as intellectual property or privacy rights.

 

            This indemnification only applies if the claims, liabilities, damages, losses, and expenses were clearly caused by your blameworthy (culpable) breach of a contractual obligation.

 

22.       Contracting Entities

 

            Your Contract with OH-Stay.com

 

           You are currently contracting with O.H OWNERS-HUB LTD-Thiseos 7, 2042, Nicosia Cyprus.

 

            OH-Stay.com is a trading style of O.H OWNERS-HUB LTD

 

           If we change the OH-Stay.com entity responsible for a specific product, feature, or transaction on the platform, we'll let you know at least 28 days in advance. The newly identified OH-Stay.com entity will then be your contracting party for that specific item.

 

            Changes in Residency

 

           Should you move your country of residence or establishment outside of the EEA, Switzerland, or the United Kingdom, your ability to continue participating as a member on OH-Stay.com might change, subject to the OH-Stay.com Terms of Service at that time.

 

23.       Applicable law and Jurisdiction

 

           These Terms are governed by and construed in accordance with Cyprus law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Cyprus law. As a consumer, you may only bring proceedings relating to these Terms before the competent court of your place of residence or the competent court of OH-Stay.com´s place of business in Cyprus. If OH-Stay.com wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Cyprus courts.

 

24.       Miscellaneous

 

24.1     Interpreting these Terms

 

           This document, together with any supplementary terms, conditions, policies, guidelines, standards, and in-product disclosures, represents the entire understanding between OH-Stay.com and you concerning your access to and use of the OH-Stay.com Platform. It supersedes all prior oral or written agreements between the parties. No third party is granted any rights or remedies by these Terms. Should any provision of these Terms be deemed invalid or unenforceable, it will be severed (unless otherwise specified in Section 24.9), and the validity and enforceability of the remaining provisions will not be affected.

 

24.2     No Waiver

 

           If OH-Stay.com doesn't enforce a right or provision in these Terms, it doesn't mean we're giving up that right or provision, unless we confirm it in writing. Also, if either party uses one of their remedies under these Terms, it won't stop them from using any other remedies they have under these Terms or by law.

 

24.3     Assignment

 

           You need OH-Stay.com's written consent to assign or transfer your rights and obligations under this agreement. OH-Stay.com, however, can freely assign or transfer this agreement and its own rights and obligations with 30 days' notice. Your termination rights, as outlined in Section 13.2, remain unchanged.

 

24.4     Notice

 

           Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by OH-Stay.com via email, OH-Stay.com Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable you to provide. 

 

24.5     Third-Party Services

           The OH-Stay.com Platform may include links to external websites, apps, or services ("Third-Party Services") that have their own terms and privacy rules. OH-Stay.com isn't responsible for these Third-Party Services, and linking to them doesn't mean we endorse them.

 

24.6     Google Terms

          Translations on the OH-Stay.com Platform may be provided by Google. Google offers no warranties for these translations, including their accuracy, reliability, or suitability for any purpose, nor any implied warranties of merchantability or non-infringement. Additionally, some parts of the OH-Stay.com Platform use Google Maps/Earth services (including Google Maps API(s)), and your use of these is governed by the Google Maps/Google Earth Additional Terms of Service.

 

24.7     Apple Terms

 

           When you download or use our app from the Apple App Store, your use is also subject to Apple's Licensed Application End User License Agreement.

 

24.8     Oh-Stay.com Platform Content

 

            Content Protection & Your Obligations: Content on the OH-Stay.com Platform is legally protected (e.g., by copyright, trademark in the US and other countries). You recognize that OH-Stay.com and/or its licensors hold all exclusive intellectual property rights to this Content. You must not tamper with or hide any copyright, trademark, or other ownership notices.

 

            Prohibited Uses: You are generally prohibited from using, copying, modifying, distributing, selling, or publicly performing any Content from the OH-Stay.com Platform. Exceptions apply only if you legally own the Content or if these Terms expressly allow it.

 

            Our Limited License to You: Provided you comply with these Terms, OH-Stay.com gives you a limited, personal (non-exclusive, non-sublicensable, revocable, non-transferable) right to: (i) Download and use our Application on your personal devices. (ii) Access and view Content on the OH-Stay.com Platform that is available to you, but only for your personal and non-commercial use.

 

24.9     Force Majeure

           

           OH-Stay.com is not liable for non-performance or delayed performance caused by extraordinary events outside its control, the effects of which could not have been prevented. This includes, but is not limited to, events such as acts of God, war, acts of terrorism, civil disturbances, government actions, fires, floods, pandemics, epidemics, or significant shortages (e.g., transport, fuel, labour).

 

24.10   Emails and SMS

           

           We'll send administrative updates to the email address or contact details you've provided for your OH-Stay.com account. Even if you sign up for other email lists, the frequency of these core administrative messages won't change, though you'll get more emails specifically for those subscriptions.

 

           You may also receive promotional emails from us. While we don't charge for these, standard data rates from your provider might apply. You have full control over these promotional emails through the notification preferences in your account settings. Just be aware that if you opt out of certain communications or don't have an OH-Stay.com Account, you might miss out on some promotions.

 

24.11   Contact Us

 

           If you have any questions regarding these Terms, please contact us via email.

 

            Applicable Additional Terms to Business Hosts

 

           If you declare that you use the OH-Stay.com Platform to offer Host Services to consumers for purposes relating to your trade, business, craft or profession (“Business Host”), these following additional terms will apply to you.

 

25.       OH-Stay.com Additional Terms For Business Hosts

 

25.1     As a Business Host, you agree to offer Host Services on the OH-Stay.com Platform only in compliance with applicable European Union law.

 

25.2    To comply with mandatory legal requirements, Business Hosts on OH-Stay.com must provide at least the following information to offer Host Services:

 

·        Your name, address, telephone number, and email address.

·        A copy of your identification document or other electronic identification (as defined by Article 3 of Regulation (EU) No 910/2014).

·        Your payment account details.

·        The trade register where you're registered and your registration number (or equivalent).

 

25.3     Verifying Your Information

 

           You can't offer Host Services on OH-Stay.com until we've confirmed your provided information is reliable and complete. We might ask for additional documentation to help us with this assessment.

 

25.4     Your Responsibility for Accurate Information

 

           You are responsible for ensuring all information you provide is accurate and kept up-to-date at all times.

 

           If we have reason to believe any of your information is inaccurate, incomplete, or outdated, we'll ask you to correct it promptly. If you don't update your information within the given timeframe, we may suspend your access to the OH-Stay.com Platform until the necessary information is provided.

 

           Should your services be suspended for these reasons, you have the right to lodge a complaint through our complaint handling system or with a certified out-of-court dispute settlement body, as detailed in Section 14 of these Terms.

 

26.       Complaints Handling and Mediation

 

           For Business Hosts based in the European Economic Area (EEA) or the United Kingdom, an internal complaint handling system is available. This system enables you to submit complaints concerning matters under Article 11 of Regulation (EU) 2019/1150, including seeking clarification on the facts and circumstances behind actions described in Sections 13.2 and 13.3 of these Terms. Our Help Centre contains comprehensive guidance on how to use this system, an outline of the complaint process, and information on the mediation service available if your complaint isn't resolved internally

 

27.       Access to Data

 

           Business Hosts are granted access to personal and other data via their OH-Stay.com account and host dashboard. Such data, whether supplied by the Business Host, Guests, or generated through the utilisation of the OH-Stay.com Platform, is provided as necessary for the effective performance of Host Services. This access also extends to aggregated information concerning searches, bookings, and listing performance. Comprehensive details regarding the categories of personal and other data collected, their usage, processing, disclosure, and retention, as well as the exercise of data rights, are set forth in our Privacy Policy.

 

28.     Other Third Party Platforms

 

             Listings on OH-Stay.com may be disseminated across various third-party digital platforms via our established affiliate program. These platforms encompass, but are not limited to, online travel agencies, media outlets, loyalty programs, and search aggregators. Furthermore, listings may periodically be incorporated into OH-Stay.com's promotional campaigns published on external websites.

29.    Bookings made for accomodation in Spain.

 

Any guests making a booking for accomodation in Spain are required by Spanish Royal decree 933/2021, of October 26th to provide identification in the form of a passport, a national registration card or driving license together with a home address, an e-mail address and telephone number, together with, Full Name, Sex, Nationality, DOB, Document number and the address of the accomodation. This information is required for each guest staying in the booked accomodation. The guest agrees when making the reservation that they will provide this information a minimum of 48 hours before the resevertion commences. OH-stay.com has developed an automated process for submitting this information to the Ses Hospedagides, and you will be sent an e-mail within 24 hours of your booking confirmation, requesting the relevant information.