POLICY ON TRAVEL ISSUES
HeyHolidays’s policy on Travel Issues (“Travel Issues Policy”) is incorporated as part of HeyHolidays’s Terms and Conditions (“Terms and Conditions”). Please read this Travel Issues Policy and the Terms and Conditions carefully before using the Website, Application or Services. By using the Website, Application and/or Services you agree to be bound by the terms of this Travel Issues Policy.
This Travel Issues Policy details the terms and conditions that are applicable to Guests who book an Accommodation listed by a Host through the Website or Application and suffer a Travel Issue (defined below).
1. Travel Issue: A “Travel Issue” means any one of the following:
- The Host of the Accommodation:
- cancels a reservation shortly before the reservation; or
- Fails to provide the Guest access to the Accommodation.
- The description of the Accommodation in the Listing is inaccurate or misleading as compared to the actual condition of the Accommodation, including the following:
- the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms);
- whether the reservation for the Accommodation is for a private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the reservation;
- features represented in the Listing description are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or other appliances), and electrical, heating or air conditioning systems; or
- The physical location of the Accommodation (proximity).
- At the start of the Guest’s reservation, the Accommodation:
- is generally unclean;
- contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in HeyHolidays’s judgment;
- does not contain clean bedding and/or bathroom towels, available for the Guest’s use;
- Has vermin or contains pets, not disclosed in the Listing.
- The Travel Issues Policy
If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either:
- Reimburse you up to the amount paid by you through the Website or Application, as determined by HeyHolidays at our discretion; or
- Use our reasonable efforts to find and book you another Accommodation for any unused nights left in your booking which in our determination is reasonably comparable to the Accommodation described in your original booking in terms of the size, number of rooms, features and quality of services provided.
- Conditions to Claim a Travel Issue.
Only a Guest may submit a claim for a Travel Issue. If you are a Guest, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:
- You must bring the Travel Issue to HeyHolidays’s attention either by writing to us at email@example.com or via telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Travel Issue within 12 hours after the start of your booking.
- You must not have directly or indirectly caused the Travel Issue.
- You must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.
- Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest.
- If you are a Host, you are responsible for ensuring that the Accommodation you list on the Website and/or Application meets the minimum quality standards regarding access, accuracy of the description of the Accommodation, safety, cleanliness, and does not present a Guest with Travel Issues. During the 24-hour period following the Guest’s check-in, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any Travel issues.
- If you are a Host, and if HeyHolidays determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and HeyHolidays either reimburses that Guest for any amount paid by the Guest through the Website or Application for the Accommodation not exceeding the amount paid by such Guest or provides an alternative Accommodation to the Guest, you agree to reimburse HeyHolidays for the amounts paid by HeyHolidays within 30 (thirty) days of HeyHolidays’s request. The determination of HeyHolidays with respect to the Travel Issues Policy, including without limitation the nature and extent of any refund to the Guest, shall be final and binding on the Guests and Hosts. The Host also agrees to reimburse HeyHolidays for the amount paid to such aggrieved Guests not exceeding the amounts paid by HeyHolidays in relation to any Travel Issue.
- The rights of the Guests under this Travel Issues Policy supersede the cancellation policy established by a Host. If you dispute the Travel Issue you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you have made reasonable and good faith efforts to try to remedy the Travel Issue faced by the Guest prior to disputing the claim relating to the Travel Issue.
- General Provisions
- No Assignment/No Insurance
This Policy is not intended to constitute an offer to insure nor does it constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Policy. Neither the obligations nor benefits detailed under this Policy are assignable or transferable by you.
- Modification or Termination
HeyHolidays reserves the right to modify or terminate this Travel Issues Policy, at any time, in its sole discretion, and without prior notice.
- Entire Agreement
This Policy constitutes the entire agreement between HeyHolidays and you with respect to the Policy to the exclusion of all other understandings and assurances, either written or oral. This Policy supersedes all prior agreements and understandings between you and HeyHolidays.
- Limitation of liability
In no event shall HeyHolidays’s maximum liability (regardless of form of action, whether in contract, tort, negligence or otherwise) exceed the amounts that have been paid by the Guest to HeyHolidays for the portion of the Services or work products giving rise to the liability.
Capitalised terms used but not defined herein will have the meanings ascribed to such terms in the Terms and Conditions.
- Contacting HeyHolidays.
If you have any questions about this Policy, please contact HeyHolidays at firstname.lastname@example.org