Upstay General Terms and Conditions
Please read these Terms and Conditions before using Upstay's Site (Site) and making any booking. When you make a purchase on the Site, you agree to accept these Terms and Conditions.
1.1 This Site, any subdomain thereof, and any mobile application for the Site (the “Site”) is owned and operated by UPSTAY Pte Ltd (“Upstay”, “we”, “us” or “our”).
1.4 Upstay does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.
2. The Basics
2.1 This Site is a venue where Guests can view advertising of, and obtain information about, vacation properties offered for rent (“Accommodations”) by others, including property owners, lessees and managers, (each, an “Travel Supplier(s)” and collectively with a Guest, the ‘users’). We may also offer online booking or other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions (collectively, the “Services”).
2.2 The Site provides and facilitates a marketplace for Travel Supplier(s) and Guests to meet, arrange for and book Accommodations and to enter into rental agreements or other transactions directly with each other. As such, Upstay is not, and does not become, party to any contractual relationship between the Guest and the Travel Supplier(s). Upstay may assist in mediating disputes between Guests and Travel Supplier(s), but is under no obligation to do so. This is true even if the Site facilitates booking a Accommodation or the use of other tools, services or products, as Upstay is not a party to any rental or other agreement between Guests and Travel Supplier(s).
2.3 Upstay is not an owner or operator of Accommodations, hotels, motels, home-stays, lodgings or accommodation of any kind. Upstay does not sell, resell, furnish, provide, rent, license, manage or control Accommodations, hotels, motels, home-stays, lodgings or accommodation of any kind. Upstay is also not an agent in any capacity for providers or users of Accommodations, hotels, motels, home-stays, lodgings or any other accommodation of any kind.
2.4 The User hereby declares that he or she is an adult (at least 18 years of age) and has the legal capacity to be bound by this agreement and to use this Site in accordance with these Ts&Cs, which he or she fully understands and recognises. The User accepts responsibility for any financial consequences arising from the use of this Upstay Site. Furthermore, the User declares that all information he or she provides to access this Site and while using it is true, complete and accurate, and he/she agrees to keep it updated.
2.5 This Site is solely and exclusively for the User's personal use. It may not be modified, reproduced, duplicated, copied, distributed, sold, resold or exploited for commercial or non-commercial purposes, except that you may print out copies of your travel itinerary for personal use, or forward your travel itinerary to a bona fide itinerary management company.
2.6 The User agrees not to use this Site for illegal or prohibited purposes. In particular, the User accepts that he or she will only use this Site for him/herself and that the products or services purchased through this Site will be for his or her own use or consumption, or the use or consumption of persons on behalf of whom he or she is legally authorised to act. The User shall not resell to third parties products or services purchased through this Site.
2.7 Upstay reserves the right to deny access to the Site at any time without notice.
2.8 By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Upstay. You release Upstay from any and all claims, demands, damages (actual, consequential, nominal, punitive or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in connection with your dealing with Services, your communication or interaction with other users on the Site or your experience as a Guest or Travel Supplier.
3. Your contract
3.1 A 'booking' means any order for products or services you make on our Site which is confirmed by us. When you make a booking via this Site, the contract will be between the Travel Supplier(s) and you. Upstay is therefore not a party to the contractual relationship in relation to the products and services you order on our Site, unless explicitly provided otherwise herein. Any queries or concerns relating to the product should be addressed to the Travel Supplier.
3.2 The term "Travel Supplier" includes Host(House owners, Promperty Management company, Host Agency), and hotel suppliers.
3.3 Upstay makes the booking on your behalf and your contract will be subject to the Travel Supplier's terms and conditions, which could limit or exclude liability to you (often in accordance with various applicable international conventions). If you wish to review the relevant Travel Supplier's terms, we will at your request provide the Travel Supplier's contact details so that you may contact them. Please ensure you refer to the applicable Travel Supplier's terms and conditions for cancellation charges and other important terms and conditions.
3.4 By using this Site to book products and/or services, you authorise Upstay to act as your representative during the process of comparison between Travel Suppliers and booking of products and/or services from the selected Travel Supplier and to make the payment for such products or services in your name and on your behalf, as required. Accordingly, Upstay shall charge you with a service fee, depending upon which product you book. You will be advised of any fee before you confirm your booking.
3.5 Prices are confirmed at the final step of the booking path at the point when you click ‘Reservation Request' or “Instant Book”, Make the reservation or similar, depending on product purchased. Prices are shown with rates of exchange calculated on a daily basis. Prices may therefore differ on a daily basis to reflect any movement in exchange rate levels. Taxes fluctuate in line with exchange rates. When a booking is made the exchange rate will be fixed at that time and will apply to any amendments or cancellations to that item within the booking. Exchange rates are determined by Upstay.
3.6 After your booking is confirmed, you will receive a confirmation email with a booking number. This is the moment that your contract in relation to the products and services ordered will come into existence. This confirmation email will provide all the details of the itinerary of your booking. Next, we will check that your booking has been correctly entered in our system and that your payment can be correctly processed. Our obligation to make the reservation will be subject to your payment having been received in cleared funds.
3.7 We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent. In such circumstances we will attempt to contact you, using the email address you provided at the time of booking, or your bank. In the event we are not able to contact you or your bank, we may cancel your booking with no liability whatsoever.
3.8 The electronic document by which your contract is formalised shall be filed in the Upstay records and may be accessed by you at any time upon request to Upstay.
4. Other booking conditions
4.1. Cancellations and modifications
Your ability to cancel or modify a booked travel product or service, and the method for doing so, will depend on the specific host or other Travel Supplier's terms and conditions. It therefore may not be possible to cancel or modify products or services ordered, or there may be specific requirements you will have to meet. In the event that you make any alteration to your booking (cancellation and/or modification), Upstay reserves the right to charge you a service fee to cover the administration costs incurred by Upstay. These charges do not include any charges imposed directly by the Travel Supplier or hotel, including any difference in fare/room rate/rental rate. In the event that you make a change to your booking, please note that any current fare available on the Site is not relevant to the cost of making your change.
4.2. Price and payment
4.2.1 Total price of your booking will be shown once you have selected all the specific products you would like to acquire. Such price will include the price of all products selected and Upstay's service fees. Upstay's service fees are independent of the price of the products and non-refundable in any case, as they are charged for the service provided by Upstay for the search, comparison and assistance in the booking process. Taxes fluctuate in line with exchange rates.
4.2.2 The amount of the service fees depends on the products acquired. In the event that you use an unfunded credit card or a credit card which is rejected by the bank due to any other reason that is caused by you, Upstay have a right to charge a service fee and will provide you with instructions to make effective the payment of your booking. The service fee will be added to the final price. Until you make effective the full payment, you will not be able to receive your products. Moreover, we hereby bring your attention to the fact that, due to the nature of travel products, it is possible that price changes occur between your booking and the effective payment and you will have to assume the cost of the selected products at the moment that you are making the effective payment.4.2.3 If you pay by credit card, payment for reservations may be taken directly by Upstay. If there are any problems with your payment, we will contact you within 48 hours of your booking (or within 24 hours if you are travelling within 48 hours). Upstay will not be liable for any subsequent price increase as a result of payment failure. Any price increase must be paid for by you before the booking can be confirmed. Please note that the payment to Upstay for any other products or Upstay charges may appear as separate transactions on your credit card statement.
4.2.4 Payments can be made by all major debit and credit cards. Payment methods other than those stated on the Site will not be accepted and no responsibility is accepted for cash or cheques sent through the post. Full payment for all products is required at the time of booking, where a deposit option may be available.
4.2.5 In order to provide greater security, you will be asked to enter all the information that is on your card for each purchase you make with Upstay, as this information is not saved in our files longer than necessary to process the payment of each booking or in the tax recovery process as referred to herebelow under 4.3. Please note that Upstay is required to pass your card details to the relevant Travel Supplier for fulfilment of the booking. In agreeing to these terms and conditions you authorise us to do this on your behalf. All information is encrypted on our secure server. You authorise Upstay to use the information on the credit card provided by Customer/you (i) in order to make the purchase of the services required and to process related service fees (ii) for the payment of the premium for insurance and tourist assistance as applicable, (iii) for the processing of any applicable refunds and (iv) for the charge of costs and fees related to (a) the use of credit cards or (b) changes to your booking or to (c) tax refunds as referred to in section 4.3 of these terms and conditions.
4.2.6 In addition to our general service fee Upstay will charge you a fee for bookings made by credit or debit card. You will be notified of the relevant charges before you confirm the booking. Upstay reserves the right to pass on any charges relating to card charge backs. If your booking is being paid for with a third party credit card we may require written authorisation to be provided by the card-holder. Upstay or the Travel Supplier reserves the right only to deliver confirmations or other travel documents to your credit card billing address or email address when requested to do so by the credit card issuer. All email addresses used must be valid at the time of booking.
4.2.7 Further, in an effort to minimise the effects of credit card fraud, we reserve the right to carry out random checks, including checks of the electoral roll, and may request you to either fax or post to us proof of your address and a copy of the credit card and recent statement before confirming reservation. Please be aware that these checks are only carried out during our standard business hours. As a result, any bookings made outside of our business hours may not be issued until the next working day. Upstay is not responsible for any costs incurred as a result of these checks.
4.2.8 In certain cases applicable payment can also be made through electronic direct debiting scheme if you possess an appropriate account in the respective country where you do the booking. Between booking and your check-in must be at least one working day. By choosing direct debit as payment method Upstay will be authorised to collect the complete amount of booking from your account at once. It is your responsibility to make sure that your account has sufficient funds. When choosing direct debit as payment method Upstay reserves the right to retain possible refunds until receipt of payment is irrevocable
4.3. Refunds, if applicable, will be processed to the form of payment used at the time of booking. This will be made payable to the person who made the original payment.
4.4 Passport, visas and health Requirements
4.4.1 Passport and visa regulations can change and you should therefore check with the relevant embassy well in advance of travel. It is your responsibility to be in possession of a valid passport and, if appropriate, a visa. It is important to remember to include all transit points in your journey which may also require you to obtain a visa. It can often take some time to obtain a visa, so you are advised to apply in plenty of time. We accept no responsibility for customers who do not possess the correct documents.
4.4.2 Each destination has its own requirements as far as entry formalities, vaccinations, etc. which can also vary depending on the passenger's nationality. It is your responsibility to collect that information. No incidents arising from the failure to comply with such official regulations will be considered the responsibility of Upstay. We therefore urge you to always verify the different formalities of the chosen destination or transit countries, as well as the time needed to take all of the related steps.
5 Links to other Sites
5.1 The Upstay Site may contain links to other Sites that are not managed by Upstay, which are included only for reference purposes. Upstay does not exercise any control over these Sites nor is it responsible for their content.
5.2 The inclusion of links to other Sites does not imply that Upstay promotes, vouches for, guarantees or recommends these sites. These links are only used as informative references, without any valuation of the content, owners, services or products offered therein.
6.1 Queries and complaints relating to your booking
Please contact our customer services team if you have any other enquiries or complaints relating to your booking prior to departure. If you have a complaint relating to a Travel Supplier and/or hotel during your stay, please ensure that you officially log your complaint with the relevant Travel Supplier and/or hotel prior to your return.
7.1 Customer behaviour
It is your responsibility to ensure that you do not behave in a way which is inappropriate or causes offence or danger to others or which risks damage to property belonging to others (including but not limited to drunkenness and/or air rage) whilst on your holiday or using a service/product. If your behaviour is inappropriate and/or causes offence, or damage to others, or risks damage to property belonging to others, we and/or our Travel Suppliers may cancel you booking, in which case our and our Travel Supplier's responsibility to you will cease immediately and you will not be eligible for any refunds, payments of compensation and/or any reimbursement of any cost or expenses you may incur as a result of such termination. Further, you will be liable to reimburse us for any expenses we incur as a result of such termination.
7.2 Entire Agreement and Severability Clause
7.2.1 These Terms and Conditions contain the entire agreement between the parties in relation to its subject matter.
7.2.2 If at any time any part of these Terms and Conditions (including any one or more of the clauses of these Terms and Conditions or any sub-clause or paragraph or any part of one or more of these clauses) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these Terms and Conditions and the validity and/or enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired as a result of that omission.
7.3 Changes to General Terms and Conditions
Upstay reserves the right to change or update these Ts&Cs from time to time without prior notice to you. The current version of the Ts&Cs will be displayed within the Site from the date on which any changes come into effect. Continued use of the Site following any changes to the Terms and Conditions shall constitute your acceptance of such changes.
8. No agency
Upstay is not an agent or representative of any User, whether a Travel Supplier or a Guest. All agreements, transactions and other dealings between Users, whether as Travel Suppliers, Guests or in any other capacity, are solely decided by those persons and between those persons only. Upstay is not privy or a party to these agreements, transactions or other dealings.
Given the nature of travel services, we recommend that you obtain independent insurance to provide adequate cover for medical expenses, personal accident, loss of baggage and curtailment or cancellation of your trip. Please note that such insurance is not included in your purchase on Upstay unless you separately purchase such insurance on Upstay (where available).
You agree to indemnify and hold Upstay and its affiliates in other countries including Upstay Group (“Upstay Affiliates”) harmless against any claims by third parties brought against Upstay or any Upstay Affiliate arising out of or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; or (c) any breach by you of these General Ts&Cs. Upstay will provide notice to you promptly of any such claims.
11. Applicable law and jurisdiction
These General Terms and Conditions, as well as any relation between Upstay and the User, shall be governed by the laws of Singapore. You hereby irrevocably submit to the exclusive jurisdiction of the Singapore courts.