Your use and access of the www.heyholidays.com​ (hereinafter referred to as the “Website”), the Application (defined below), Services (defined below) and tools are governed by the following terms and conditions (“Terms and Conditions”), including the applicable policies which are incorporated herein by way of reference. If you access the Website or Application or transact on the Website or Application, you shall be subject to the policies that are applicable for such access/transaction. By accessing, registering or transacting on the Website and/or the Application, you are contracting with HeyHolidays and these Terms and Conditions, including the policies, constitute your binding obligations, with HeyHolidays.

For the purpose of these Terms and Conditions (and the policies referenced herein), wherever the context so requires, “You” or “User” shall mean any natural or legal person who accesses the Website, Application and/or Services. The term “we”, “us”, “our”, “HeyHolidays”, “heyholidays.com” used in these Terms and Conditions shall mean a reference to HeyHolidays, its officers, representatives, affiliates, partners, assignees etc.

When you use any of the Services provided by HeyHolidays through the Website and/or Application, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such Service, and as well as these Terms and Conditions. You acknowledge that it is your responsibility to review these Terms and Conditions on a periodic basis for updates/changes. Subject to you complying with these Terms and Conditions, HeyHolidays grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website, Application and Services. You can access the latest version of these Terms and Conditions at any given time on the Website and the Application. In the event the modified Terms and Conditions are not acceptable to you, you may discontinue using the Website, the Application and the Services offered by HeyHolidays. However, if you continue to use the Website, the Application and/or Services, you shall be deemed to have agreed to accept and abide by the Terms and Conditions as may be applicable from time to time.

Our Services

Our services comprise of providing an online platform for connecting Hosts and Guests across the world for renting of Accommodations whereby Hosts may create listings for Accommodations and Guests may obtain information about and book Accommodations directly with the Hosts (“Services”) through the Website and mobile application (“Application”). You agree and understand that HeyHolidays is not a party to any agreements entered into between Hosts and Guests, nor is HeyHolidays a real estate broker, agent or insurer. HeyHolidays has no control over the conduct of Hosts, Guests and other users of the Website, Application and Services or any Accommodations, and disclaims any and all liability in this regard to the maximum extent permitted by applicable law.

Definitions

“Accommodation” means residential or other properties listed on the HeyHolidays Website and/or Application.

“Accommodation Fees” mean the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation. The Host alone (and not HeyHolidays) is responsible for the Accommodation Fees for his/her Listing. The Host may in his/her sole discretion decide to include the following amounts as part of the Accommodation Fees: (i) a cleaning fee or any other fee permitted by HeyHolidays, or (ii) taxes that the Host determines that he or she has to collect in accordance with applicable law.

“Booking Currency” means the currency in which a Guest is required to pay for his or her booking. At the time the Guest submits a booking request, the HeyHolidays platform will select the Booking Currency, based on the Guest's country of origin and the payment methods available for that country. Please note that HeyHolidays supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.

“Content” means all text, images, graphics, information, software (excluding the Application), audio, video or other materials.

“Display Currency” means the currency in which users view Listing prices on the HeyHolidays platform. Guests may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.

“Guest” means a Member who proposes to book an Accommodation from a Host through the Website, Application or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation.

“Guest Fees” means the fee that HeyHolidays charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host.

“Host” means a Member who creates a Listing through the Website, Application and/or Services.

“Host Fees” means the fee that HeyHolidays charges a Host for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest.

“HeyHolidays Payments” means 

“Listing” means an Accommodation listed by a Host which be rented by a Guest through the Website and/or Application.

“Listing Currency” means the currency in which the price of a Listing is set. The Listing Currency is set by the Host.

“Member” means any person, including but not limited to Hosts and Guests, who registers and creates a HeyHolidays Account.

“Member Content” means all Content that a Member displays, uploads, submits or transmits through the Website and/or Application.

“Payout Currency” means the currency in which a Host’s payout will be paid to the Host. The Payout Currency is set by the Host.

“Service Fees” means collectively the Guest Fees and the Host Fees;

“Total Fees” means collectively the Accommodation Fees and the Guest Fees.

Accommodation listing

A Host can list their property on the HeyHolidays platform for short term renting and Guests can book an Accommodation via the HeyHolidays Website and Application. To create a Listing, you will be asked to provide information about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Website, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Website, Application and Services. Other Members will be able to book your Accommodation via the Website, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodation, you may not request the Guest to pay a higher price than in the booking request.

You acknowledge and agree that you alone are responsible for any and all Listings as well as Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that HeyHolidays assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. HeyHolidays reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that HeyHolidays, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms and Conditions or HeyHolidays’s Policies and guidelines, or otherwise harmful to the Website, Application or Services. You expressly acknowledge that HeyHolidays assumes no liability towards the Host, Guest or any other person in relation to payment of any taxes.

If you are a Host, you understand and agree that HeyHolidays does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is solely between you and the Guest and HeyHolidays is not a party to it. Notwithstanding the foregoing, HeyHolidays Payments serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host (including cleaning or other fees and/or taxes).

If you are a Host, HeyHolidays makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable).

HeyHolidays recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.

You agree that you alone are responsible for ensuring that your Listing is accurately represented on the Website and Application.. You agree that HeyHolidays may use images uploaded by you for your Listing for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.

Check-in / Check Out time

How does check-in work?

Guests and Hosts work out details for checking in, exchanging keys, and checking out directly with each other. There is no online check-in or checkout process. Please continue reading this section for some guidelines to help you have a smooth check-in. A Host may allow check-in before standard check-in time, if mutually agreed between the Host and Guest. HeyHolidays does not take any responsibility for disputes related to check-in or check out.

Communication is essential

Before the start of the reservation, use the HeyHolidays messaging system to coordinate check-in and checkout times, make plans for the key exchange, and ask any other questions that you need clarified. This ensures all your information is saved in one place for easy reference, giving you and HeyHolidays a clear reference should any issue/dispute arise.

In addition, confirm your contact information and arrival details so that you can get in touch with each other in case plans change. Make sure to let each other know if you'll be without access to a phone or the internet.

Know your reservation details

After a reservation is accepted, refer to your guest itinerary for useful information about your reservation, such as the check-in and checkout time, the address of the Accommodation, your Host’s contact information, and your billing receipt. If there is no check-in or check-out time specified within a Listing’s description, the standard check-in time would be 12:00 PM local time and checkout time would be 11:00 AM local time.

No Endorsement

Images displayed on the Website and/or Application are not an endorsement by HeyHolidays of any Member or any Accommodation. HeyHolidays does not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background. Any references in the Website, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a standard digital verification process, and does not represent anything else, including any personal verification, background checks etc. Any such description is not an endorsement, certification or guarantee by HeyHolidays about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Please note that is only intended to be useful information for you to make an informed decision regarding the identity and suitability of others whom you choose to contact or interact with on the Website, Application and Services. We therefore recommend that you always exercise proper due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. For this purpose you may interact with the proposed Guest/Host through our chat system and read reviews about such Host/Guest on the HeyHolidays platform.

By using the Website, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree HeyHolidays takes no responsibility and assumes no liability with respect to any acts or omissions of any Member or third parties. Accordingly, we encourage you to communicate directly with other Members on the Website, Application and Services regarding any bookings or Listings made by you.

Bookings and Financial Terms for Hosts

If you are a Host and a booking is requested for your Accommodation via the Website, Application or Services, you will be required to either confirm or reject the booking request within the Booking Request Period (i.e. one day), otherwise the booking request will automatically expire. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by HeyHolidays Payments for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, HeyHolidays will send you and the Guest an email, text message and message via the Application, confirming such booking.

Appointment of HeyHolidays Payments as limited payment collection agent for Host

HeyHolidays Payments will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and will initiate payment of the Accommodation Fees (less HeyHolidays 's Host Fees and any taxes in respect of the Host Fees) to the Host within 24 hours of when the Guest arrives at the applicable Accommodation (except to the extent that a refund is due to the Guest). The time it takes for the Host to receive pay-outs may depend upon the pay-out method chosen by the Host. Some methods involve the use of third-party payment processors, who may impose their own additional charges on the Host for the use of their services, including deducting their charges from the pay-out amount.

Each Host hereby appoints HeyHolidays Payments as its limited payment collection agent, solely for the purpose of accepting the Accommodation Fees from Guests.

Each Host agrees that payment made by a Guest through HeyHolidays Payments, shall be considered the same as a payment made directly to the Host, and the Host will make the Accommodation available to the Guest in the agreed manner as if the Host has received the Accommodation Fees. Each Host agrees that HeyHolidays may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund (via HeyHolidays Payments) to the Guest such portion of the Accommodation Fees specified in the applicable cancellation policy. Each Host understands that  HeyHolidays  Payments accepts payments from Guests as the Host’s limited payment collection agent and that HeyHolidays Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. HeyHolidays does not guarantee payments to Hosts for amounts that have not been successfully received by HeyHolidays Payments from Guests. In accepting appointment as the limited authorized agent of the Host, HeyHolidays Payments assumes no liability for any acts or omissions of the Host.

Please note that HeyHolidays does not currently charge fees for creating a Listing on the Website or Application. However, you as a Host acknowledge and agree that HeyHolidays reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings on the Website and Application. Please note that HeyHolidays will provide notice of any Listing fee collection via the Website, Application and Services, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for Guests

The Hosts, and not  HeyHolidays, are solely responsible for honouring any confirmed bookings and making available any Accommodations reserved through the Website, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You agree and acknowledge that (i) you, and not  HeyHolidays, will be responsible for performing the obligations of any such agreements, (ii) HeyHolidays is not a party to such agreements, and (iii) with the exception of its payment obligations hereunder, HeyHolidays disclaims all liability arising from or related to any such agreements. You further acknowledge and agree that, notwithstanding the fact that HeyHolidays is not a party to the agreement between you and the Host, HeyHolidays Payments acts as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to HeyHolidays Payments, your payment obligation to the Host for the Accommodation Fees is extinguished, and HeyHolidays Payments shall remit the Accommodation Fees (less the Host Fees, in the manner described in these Terms and Conditions. In the event that HeyHolidays Payments does not remit any such amounts as described in these Terms and Conditions, such Host will have recourse only against HeyHolidays Payments.

You as a Guest agree to pay HeyHolidays the Total Fees for any booking requested in connection with your HeyHolidays Account (defined below) if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that HeyHolidays Payments, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization of your credit card for the Total Fees. As a general rule, HeyHolidays Payments will collect the Total Fees due once HeyHolidays receives confirmation of your booking from the applicable Host. If necessary, Total Fees may instead be collected at a later point. Please note that neither HeyHolidays nor HeyHolidays Payments can control any fees that may be charged to a Guest by his or her bank related to HeyHolidays Payment’s collection of the Total Fees, and HeyHolidays and HeyHolidays Payments disclaim all liability in this regard.

[With regard to your requested booking, you will be asked to provide standard billing information such as name, billing address and credit card information either to HeyHolidays Payments or its third-party payment processor(s). You agree to pay HeyHolidays for any confirmed bookings made in connection with your HeyHolidays Account in accordance with these Terms and Conditions by one of the methods described on the Website or Application. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by HeyHolidays Payments or indirectly, via a third-party online payment processor or by one of the payment methods described on the Website or Application. If you are directed to HeyHolidays Payments’ third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using their services. Once your confirmed booking transaction is complete, you will receive a confirmation email summarizing your confirmed booking.].

Service Fees

In consideration for the use of HeyHolidays’s online marketplace and platform, HeyHolidays charges the Service Fees. Where applicable, taxes may also be charged in respect of the Host Fees and Guest Fees. HeyHolidays Payments deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in these Terms and Conditions. As mentioned above, Guest Fees are included in and form part of the Total Fees.

Balances will be remitted by HeyHolidays Payments to Hosts via check, PayPal, direct deposit or other payment methods, as described on the Website or Application, in the Host's currency of choice, depending upon the selections the Host makes via the Website, Application and Services.

Cancellations and Refunds

If, as a Guest, you wish to cancel a confirmed booking made via the Website, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. HeyHolidays’s ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Permitted refunds will be made within a commercially reasonable time of the cancellation, which usually takes 6-7 working days, depending on normal banking procedures.

Please see HeyHolidays `s Cancellation Policy for further information. The current Cancellation Policy is available at [please enter the link].      

Damage to Accommodation

As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the Host directly, the cost of replacing the damaged items with equivalent items.

HeyHolidays Host Security

At the time of check-in, It is host's complete discrection to ask for deposit a nominal amount as the host may, in its sole discretion, deem fit, as a refundable deposit. The host undertakes and agrees to clearly indicate such deposit requirement, as part of the property information-House Rules that will be displayed on the website, application and platforms of HeyHolidays, on or through which the service is made available. Such deposit will cover the guest’s period of stay and will be refunded by the host to the guest, after making suitable adjustments towards amounts payable by the guest to the host. Such transaction between the host and the guest is entirely and exclusively a subject matter between the hosts and their respective guests, and neither HeyHolidays nor any of its affiliates, or their respective directors, officers and employees, will be responsible or liable to any person for any matter or issue arising therefrom.

Overstaying without the Host's Consent

Guests agree that a confirmed reservation is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed reservation and in accordance with the Guest’s agreement with the Host. Guests further agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest. If a Guest stays past the agreed upon checkout time without the Host’s consent, they no longer have a license to stay in the Listing and the Host is entitled to make the Guest leave.

Foreign Currency

HeyHolidays’s online platform facilitates bookings between Guests and Hosts who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the HeyHolidays platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.

Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Please note that Currency conversion rates will vary from time to time.

HeyHolidays Account

In order to access certain features of the Website and Application, and to book an Accommodation or create a Listing, you must create an account (“HeyHolidays Account”) and become a Member. You may register to join the Services directly via the Website or Application or as described in this section. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third Party Account”), via our Website or Application. You may link your HeyHolidays Account with Third Party Accounts as permitted under the applicable terms and conditions that govern your use of each Third Party Account. By granting HeyHolidays access to any Third Party Accounts, you understand that HeyHolidays will access and make available any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Website, Services and Application via your HeyHolidays Account and HeyHolidays Account profile page. Unless otherwise specified in these Terms and Conditions, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms and Conditions. Please note that if a Third Party Account or associated service becomes unavailable or HeyHolidays’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website, Services and Application. You have the ability to disable the connection between your HeyHolidays Account and your Third Party Accounts, if you choose to do so.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.

Obligations of Members

1. The accuracy of data provided to HeyHolidays shall be sole responsibility of the Members, including both Host and Guest.

2. Persons who are incompetent to contract, including un-discharged insolvents etc. are not eligible to use or access the Website and/or Application.

3. The Member agrees that HeyHolidays shall be entitled (without being obligated in any manner) to cross check and verify any data entered by a Member.

4. Any licenses, permits, consents, approvals required to list Accommodation on HeyHolidays are the sole and absolute responsibility of Host. All licenses, permits, consents and approvals shall be obtained solely by the Host and at his/her own cost. HeyHolidays shall not be responsible under any circumstances whatsoever for any such requirements.

5. The Host and Guest understand and agrees that he/she is solely responsible for paying all applicable government taxes and for all costs that are incurred in using the Services and/or in relation to a Listing. HeyHolidays assumes no liability towards the Host, Guest or any other person in relation to payment of any taxes.

6. The Member should notify HeyHolidays in case of any un-authorized use of his/her account as soon as possible.

7. The Member shall keep all information confidential and shall not disclose any information, activities and/or actions performed by or caused by the access of the Member through his/her user identification on the Website and the Application.

8. HeyHolidays reserves the right, at its sole discretion, to change, modify, add or remove the content on the Website and Application, at any time without any prior written notice to the Members. You acknowledge that it is your responsibility to review these Terms and Conditions on a periodic basis for updates/changes. You can access the latest version of these Terms and Conditions at any given time on the Website and the Application. In the event the modified Terms and Conditions are not acceptable to you, you may discontinue using the Website, the Application and the Services offered by HeyHolidays. However, if you continue to use the Website, the Application and/or Services, you shall be deemed to have agreed to accept and abide by the Terms and Conditions as may be applicable from time to time.

9. HeyHolidays shall not be responsible for any data displayed, published or shared by a Member on the Website and Application, including messages, text, photos, videos, information or other Member Content. HeyHolidays reserves the right (but assumes no obligation) to ensure that the data provided by the Member is verified and accurate without any wrong claim.

10. Members agree that the data entered on the Website can be saved and used by HeyHolidays whenever necessary in relation to the Services.

11. Users, both Host and Guest, agrees that they will receive emails and SMS from HeyHolidays in relation to service related information.

12. Member s will indemnify and keep HeyHolidays indemnified for any wrong/false data entered on the Website and/or Application or provided to HeyHolidays.

Security & Confidentiality

1. The Member shall take the responsibility of keeping confidential the Member identification and password.

2. The Member identification is required for login, and hence the Member should use only his/her own identification.

3. It is agreed that the Member has no rights to mailbox number and/or the Member identification and/or circuit reference and/or any codes assigned to him/her by  HeyHolidays.

4. In case of any theft/loss of the Member identification or password, the Member should inform  HeyHolidays immediately through email, telephone or personal visit.

5. The Member should take all necessary actions to avoid any leakage/theft of Member identification or password.

6. The Member should not use any software to download data without the prior written consent from HeyHolidays.

Intellectual Property & Licences

The contents of the Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, videos, testimonials, software, audio, pictures, icons, are the sole property of HeyHolidays. The Member only has a right to access the Website and its functionalities and should act in accordance with these Terms and Conditions. There are no other rights being granted to a Member in the Website or any of its content and functionalities. No rights have been provided to you to copyright the whole/part of the Website or any content. No rights have been given for using other search mechanism other than provided by  HeyHolidays. No rights have been given to harvest any unwanted data in the Website. If you are found violating the above terms and conditions, HeyHolidays reserves the right to terminate a Member’s HeyHolidays Account and access to the Website and/or Application immediately. All materials in HeyHolidays’s Website, Application and Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively “Materials”), are proprietary property of HeyHolidays.

You may not use Materials in HeyHolidays, unless given permission to do so in writing. All other trademarks, registered trademarks, product names, and logos appearing on our Website, Application and Services are the property of their respective owners. You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other information, content or materials that you post, submit, publish, display or link to through the Services or send to other HeyHolidays users.

Copyright Policy

HeyHolidays complies with copyright laws and expects its Members to do the same. It is HeyHolidays’s policy to terminate in certain circumstances the HeyHolidays Accounts of Members who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see HeyHolidays’s Copyright Policy for further information. The current copyright policy is available here. By accessing and using the Website and/or Application, you acknowledge and confirm that you are satisfied with the terms contained herein and in the copyright policy and agree to comply with HeyHolidays’s copyright policy (as may be updated from time to time).

Privacy

HeyHolidays views protection of the Member’s privacy as a very important principle. The current privacy policy is available here. By accessing and using the Website, you acknowledge and confirm that you are satisfied with the terms contained herein and in the privacy policy and agree that HeyHolidays’s privacy policy (as may be updated from time to time) governs HeyHolidays’s collection and use of your personal information.

Content Rule

1. HeyHolidays will not approve, consent or promote yours or any other Member’s Content and has no obligation to do so.

2. The Member agrees to provide accurate, current and truthful data in relation to all transactions undertaken on the Website, including your HeyHolidays Account, Member Content etc..

3. The Member agrees not to post, submit, or link to any Member Content or Material that infringes, misappropriates, or violates the rights of any third party or which is against any federal, local, state laws.

4. The Member also agrees not to post, submit or link to any Member Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading or otherwise harmful.

5. The Member agrees not to post copyrighted material without permission from the owner of the copyright (photographs or other content you upload via the Services).

6. Members also agrees not to disclose confidential or sensitive information.

7. The Members should not add other information that would be viewed as invasion of privacy.

8. When a Member provides the content, the Member grants HeyHolidays sole royalty-free, perpetual, irrevocable, and fully sub-licensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your Member Content in connection with the Services.

9. HeyHolidays will not pay you or otherwise compensate you for the content you provide to us.

10. The Member understands and agrees that any Member Content that you post or submit to HeyHolidays may be redistributed through the internet and other media channels, and may be viewed by the general public.

11. We reserve the right in our sole discretion to edit or remove information or materials provided by you.

12. HeyHolidays holds no responsibility for Materials, Services or Member Content uploaded, displayed or transmitted by a Member. Use of Website and Application is at your sole risk and liability.

13. HeyHolidays takes no responsibility and assumes no liability for any Member Content or other content, including links to web pages.
14. You understand and agree that you may be exposed to Member Content that is inaccurate, objectionable and inappropriate for children or otherwise unsuited to your purpose.

No Warranties

HeyHolidays does not provide any guarantee in relation to any third-party content.

Data or Content posted, uploaded or displayed on the Website and Application by Members may not be accurate.

HeyHolidays cannot ensure that access to the Website and Application will be available at all times and that they will operate without any errors.

HeyHolidays does not ensure that integrity of the Content will be maintained.

HeyHolidays will not guarantee the Content accuracy or quality of service.

HeyHolidays does not ensure that all Content is screened or verified.

HeyHolidays does not represent that the  Content is free from virus or other malware.

We do not take any responsibility for the accuracy of photographs uploaded/posted by Members or for keeping such photographs updated.

Any contractual or commercial agreements / deals / transactions / negotiations are agreed to between Members alone except Accommodation booking via HeyHolidays. HeyHolidays shall not be in any manner liable or responsible for these commercial arrangements.

Any disputes between you and any other Member(s) are to be resolved between you and such Member(s) only and HeyHolidays shall not responsible or obligated to mediate or resolve any dispute.

You agree to defend, indemnify, and hold HeyHolidays harmless from and against any claims, damages, costs, liabilities, and expenses arising out of or related to any Content you post, store, or otherwise transmit on or through the Website and/or Application.

You agree that neither HeyHolidays nor its affiliates, their respective directors, officers or employees shall be liable for any direct, indirect, incidental, special, consequential and/or exemplary damages, resulting from the use and/or the inability to use the Website, Application or Services, arising from any other matter relating to the service, including but not limited to, damages for loss of profits and/or use and/or data or other intangible information, even if HeyHolidays has been advised of the possibility of the same.

Indemnification

In the event of any breach by you of any representation, warranty, obligation, or agreement made or given by in these Terms and Conditions, you undertake to indemnify and hold harmless HeyHolidays, its affiliates and their respective directors, officers, employees, agents and representatives (collectively referred to as the “Indemnified Parties”) to the extent of (a) any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees (“Damages”) suffered or incurred by the Indemnified Parties in relation to such breach of representation or warranty, covenant or obligation; and/or (b) any tax, penalty or interest that may be levied or assessed as a result of the delay or failure by you to pay any tax in relation to the Listing or to file any return or information required under any applicable law.

Without limiting the generality of the foregoing, you further undertake to indemnify and hold harmless the Indemnified Parties to the extent of all Damages claimed by or found owing to any third parties or customers in connection with any act or omission by you, arising from the performance, non-performance or breach of your obligations, undertakings or warranties under these Terms and Conditions or on account of failure by you, your employees, agents, representatives or sub-contractors to comply with any applicable law.

If, as a result of any misrepresentation or breach of any representation or warranty, non-fulfilment or failure to perform any covenant, obligation, agreement or undertaking contained in these Terms and Conditions by you, any proceedings or actions are brought against the Indemnified Parties in any judicial or quasi-judicial forum, the Indemnified Parties may, at their sole option, require you to defend them against such proceedings or actions. All costs incurred in this regard including, without limitation, amounts paid in settlement, court costs and all attorneys’ fees, shall be borne by you.

You further agree to release, defend, indemnify, and hold the Indemnified Parties harmless from and against any Damages, arising out of or in any way connected with (a) your access to or use of the Website, Application and/or Services; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; and (d) the use, booking or condition of an Accommodation by you, including but not limited to any injuries, losses, or Damages arising in connection with or as a result of a booking or use of an Accommodation.

The Member further agrees that HeyHolidays shall not be liable for any Damages arising from interruption, suspension or termination of the Website, Applications or Services.

The Member agrees that HeyHolidays shall not be responsible or liable to the Member, or any other person, for the statements or conduct of any third party.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website, Application and Services, your Listing or booking of any Accommodation via the Website, Application and Services, and any contact you have with other Members whether in person or online remains with you. HeyHolidays will note be liable, whether in contract, tort or otherwise in relation to any indirect, special, incidental, consequential, punitive or exemplary damages, including, but not limited to, lost profits, or the cost of substitute products or services, or for any damages for personal or bodily injury arising out of or in connection with these Terms and Conditions, from the use of or inability to use the Website, Application or Services, from any communications, interactions or meetings with other Members of the Website, Application or Services or other persons with whom you communicate or interact as a result of your use of the Website, Application, Services, or from your Listing or booking of any Accommodation via the Website, Application and Services, and whether or not HeyHolidays has been informed of the possibility of the same.

In no event shall HeyHolidays’s maximum liability (regardless of form of action, whether in contract, tort, negligence or otherwise) exceed the amounts you have paid or owe for the booking via the Website and/or Application for the portion of the Services or work products giving rise to the liability.

HeyHolidays takes no responsibility/liability whatsoever for shortage or non-fulfilment of the Services on the Website or any other related site. HeyHolidays shall not be liable for any and all costs, charges, expenses, etc. incurred in relation to the downloading fees charged by third parties. HeyHolidays shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, whether direct or indirect. HeyHolidays in its sole discretion, determines that a violation of these Terms and Conditions has occurred. HeyHolidays may pursue any legal remedies, including but not limited to the immediate deletion of any offending material from the Website and Application and/or cancellation of your HeyHolidays Account and/or the exclusion of any person(s) who may violate any provision of these Terms and Conditions. If HeyHolidays believes in its sole discretion that any advertisement/Listing and/or Services may create liability for HeyHolidays, HeyHolidays may take any actions that it believes are prudent. HeyHolidays reserves the right, at its sole and absolute discretion, without any liability to you to suspend, deactivate or terminate your HeyHolidays Account and refuse access to the Website, Application and Services at any time, and/or to remove any Listings and/or any advertisements for any reason, and with or without notice.

You expressly agree and acknowledge that HeyHolidays shall not be liable for any loss arising directly/indirectly while using any payment services via the Website and/or Application. The use of the payment services shall not render HeyHolidays liable or responsible for the non-completion, non-payment, damage, breach of representations and warranties or fraud as regards the Listings on HeyHolidays’s Website and Application.

Objectionable Material

You understand that by using the Website, Application or Services, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website, Application and Services at you sole risk and that to the fullest extent permitted under applicable law, HeyHolidays and its affiliates shall have no liability to you or any Member or third party for the Content that may be deemed offensive, indecent, or objectionable.

Report Abuse

As per these Terms and Conditions, you are solely responsible for all material or Content uploaded on to the Website and Application. HeyHolidays does not review the contents in any way before they appear on the Website or Application. HeyHolidays may not verify, endorse or otherwise vouch for the content of any Member or any content generally posted or uploaded on to the Website or Application. You can be held legally liable for your Member Content and may be held legally accountable if the Content or material includes, for example, defamatory comments or material protected by any third party copyright, trademark, etc. If you come across any abuse or violation of these Terms and Conditions, please report the same to contact@heyholidays.com.

Contact Information

If you have any doubts or suggestions regarding these Terms and Conditions, you can email us on contact@heyholidays.com.

Miscellaneous

Waiver: Failure by HeyHolidays to insist upon strict performance of any of the provisions contained in these Terms and Conditions shall in no way constitute a waiver of its rights as set forth herein, at Law or in equity, or a waiver of any other provisions or subsequent default in the performance of or compliance with any of these Terms and Conditions. No forbearance, indulgence or relaxation or inaction by HeyHolidays at any time to require performance of any of the provisions of these Terms and Conditions shall in any way affect, diminish or prejudice the right of HeyHolidays to require performance of that provision. Any waiver or acquiescence by HeyHolidays of any breach of any of the provisions of these Terms and Conditions shall not be construed as a waiver or acquiescence of any right under or arising out of these Terms and Conditions or of the subsequent breach, or acquiescence to or recognition of rights other than as expressly stipulated in these Terms and Conditions.

No Third-Party B