Material Quality Issues, Damage to Accommodation and Cancellation Policy
This Material Quality Issues, Damage to Accommodation and Cancellation Policy (the Policy) forms part of the Sea Stays Terms and Conditions. All capitalised terms used in this Policy shall have the meanings given to them in the Sea Stays Terms and Conditions.
This Policy consists of three parts:
· Part 1: Cancellations
· Part 2: Material Quality Issues
· Part 3: Security Deposits and Damage to Accommodation
PART 1: Cancellations
Part 1 of this Policy sets out the consequences of Booking cancellations by the Guest or the Host. The consequences for cancellations are set out in the following table:
IF THE HOST CANCELS MORE THAN 7 DAYS BEFORE CHECK-IN:
(i) Guests will receive a full refund of the Accommodation Fee
(ii) Guests will receive a full refund of the Guest Booking Fee
(iii) Sea Stays may at its discretion apply any of the penalties set out in ‘Consequences for Host Cancellations and Material Quality Issues’ section below.
IF THE HOST CANCELS LESS THAN 7 DAYS BEFORE CHECK-IN:
(i) Guests will receive a full refund of the Accommodation Fee or alternative accommodation will be sought
(ii) Guests will receive a full refund of the Guest Booking Fee
(iii) Sea Stays may at its discretion apply any of the penalties set out in ‘Consequences for Host Cancellations and Material Quality Issues’ section below.
IF THE GUEST CANCELS MORE THAN 7 DAYS BEFORE CHECK-IN:
(i) Guests will receive 50% refund of the Accommodation Fee
(ii) No refund of the Guest Booking Fee
(iii) The Host Booking Fee taken by Sea Stays will apply only to the non-refunded element of the Accommodation Fee.
IF THE GUEST CANCELS LESS THAN 7 DAYS BEFORE CHECK-IN:
(i) No refund of the Accommodation Fee
(ii) No refund of the Guest Booking Fee
IF THE GUEST CANCELS DUE TO A MATERIAL QUALITY ISSUE:
(i) Refer to ‘Material Quality Issues’ section below regarding Accommodation Fees
(ii) Refer to ‘Material Quality Issues’ section below regarding Guest Booking Fees
(iii) Sea Stays may at its discretion apply any of the penalties set out in ‘Consequences for Host Cancellations and Material Quality Issues’ section below
Changes to Bookings by Guests
If Guests want to change their booking, they will need to contact and communicate with their Host directly on such changes. Guests should note however that as they have previously agreed and accepted terms with the Host in respect of the booking, the Host is not obliged to agree to the changes and if they do agree, they are entitled to (at their discretion) charge Guests additional charges for any changes.
PART 2: Material Quality Issues
A “Material Quality Issue” means any one of the following:
(a) the Host of the Accommodation fails to provide the Guest with access to the Accommodation (e.g., by providing the keys and/or a security code) or the Accommodation is unavailable to the Guest at check-in for any other reason; or
(b) the Accommodation is not as described in its listing on the Site in some material aspect, such as: (i) the size of the Accommodation and/or number of bedrooms, bathrooms, kitchen or other rooms; (ii) type of Accommodation; (iii) facilities ticked or features mentioned in the listing description are not provided or do not function, such as kitchen appliances (fridge, oven, etc.), bathroom content (shower/bathtub, etc.), electrical, heating or air conditioning systems; or(iv) the physical location of the Accommodation (i.e. mooring, proximity to monuments, attractions, beaches or other landmarks); or
(c) on check-in, the Accommodation: (i) is not generally clean and sanitary; (ii) contains health and safety hazards that would be reasonably expected adversely to affect the Guest’s stay; or (iii) has vermin or contains pets not disclosed in the listing.
Requirements to place a Qualifying Claim
Only a Guest may submit a claim for a refund. A Claim is considered a “Qualifying Claim” when it relates to one or more of the Material Quality Issues above, and meets each of the following conditions:
(a) the Guest must make the Claim by email captain@seastays.co.uk, or via telephone at +44 (0) 7983 223664;
(b) the Guest must clearly state their booking number and/or email address given when the Booking was made;
(c) the Guest must provide evidence of their claim such as photographs or videos and at Our request must provide Us with any additional information on the circumstances of the Material Quality Issue;
(d) no member of the Guest’s party has directly or indirectly caused the Material Quality Issue, whether through their action, omission or negligence;
(e) the Guest must have made reasonable efforts to try to remedy the Material Quality Issue directly with their Host prior to making a Claim; and
(f) the Guest must make the Claim within 24 hours of check-in. If the Claim relates to a Material Quality Issue occurring after 24 hours of check-in, the Guest must make the Claim as soon as reasonably possible.
Guest Refund
Sea Stays will, at its discretion, either:
(a) refund the Guest part or all of the price paid by the Guest via the Site depending on the nature of their Qualifying Claim; or
(b) use its reasonable efforts to find and book alternative accommodation for any unused nights left in the Guest’s stay.
All determinations of Sea Stays with respect to Guest Refunds under this Policy, including without limitation the size of any refund, shall be final and binding on the Guest and Host concerned as between them and as between each of them and Sea Stays.
Host’s Responsibilities and Refunds to the Guest
Hosts should note that they are responsible for ensuring that the Accommodations they list on the Site are as described in the listing, meet standards regarding access, health & safety and cleanliness, and do not present any Guest with a Material Quality Issue. 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 issue. The Guest Refund provisions in this Policy are without prejudice to any statutory rights that a Guest may have as between them and their Host.
If you are a Host, and if:
(a) Sea Stays determines that a Guest has suffered a Material Quality Issue related to an Accommodation you have listed on the Site; and
(b) Sea Stays either refunds that Guest any amount up to the price paid by the Guest through the Site for the Accommodation or provides an alternative Accommodation to the Guest, you agree that Sea Stays may off-set or reduce any Accommodation Fee and/or any Additional Charges owed by Sea Stays to you by the amount paid or incurred by Sea Stays.
If the Guest is relocated to an alternative Accommodation, you may lose part or all of the Accommodation Fee and/or any Additional Charges for the booking and you may be responsible for any reasonable additional costs incurred by Sea Stays in relocating the Guest to the alternative Accommodation.
In the event of one or more Material Quality Issue(s), Sea Stays reserves the right to take additional measures. These additional measures include, but are not limited to:
(a) decreasing the quality score of the listing of the Accommodation affected;
(b) leaving a 1 star review for the Accommodation affected;
(c) cancelling upcoming bookings;
(d) delisting the Accommodation;
(e) recovering costs incurred including for administrative time spent in resolving the Material Quality Issue(s); and/or
(f) charging the sum equal to 20% of the Accommodation Fee to cover management costs incurred in resolving the Material Quality Issue, which the Host and Sea Stays agree is a reasonable pre-estimate of the management costs that will be incurred.
If as a Host you wish to dispute the Qualifying Claim or provide details of extenuating circumstances such as, damage to the Accommodation from a cause outside your control, (“Extenuating Circumstances”) you must notify Sea Stays promptly in writing by email to captain@seastays.co.uk, or via telephone at +44 (0) 7983 223664 and provide all relevant information and evidence such as photographs, video certificates, and/or copies of correspondence disputing the Qualifying Claim or detailing the Extenuating Circumstances, provided you must have used reasonable and good faith efforts to try to remedy the Material Quality Issue with the Guest prior to disputing the Qualifying Claim or claiming Extenuating Circumstances.
All determinations of Sea Stays concerning Guest Refunds under this Policy, including without limitation the validity of the Qualifying Claim, the validity of Extenuating Circumstances and the amount to be refunded to the Guest, shall be final and binding on the Guest and Host concerned, as between them and as between each of them and Sea Stays.
PART 3: Security Deposits and Damage to Accommodation
Part 3 of this Policy (i) explains when a Host can make a claim on a security deposit and (ii) describes the Guest’s obligation to pay for damage to Accommodation.
Security Deposits
Hosts may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. When a Booking request is accepted, the Security Deposit details and Guest's payment information is stored. No charges or authorisations will be made to the Guest's payment method unless the Host needs to make a claim. A Host has 48 hours after the checkout date to make a claim on the Security Deposit. Sea Stays will use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Sea Stays is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
As a Host, you acknowledge and accept that Sea Stays will only be able to recover amounts under a Security Deposit from a Guest’s credit card to the extent that the credit card details submitted by the Guest remain valid at the time of claim and that the relevant credit card has sufficient credit available at that time to meet the claim.
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 cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Sea Stays Account. In the event that Sea Stays is unable to recover the necessary amounts from your credit card for whatever reason, Sea Stays also reserves the right to pursue any avenues available to Sea Stays to recover the amounts from you. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to Sea Stays (if applicable).
Both Guests and Hosts agree to cooperate with and assist Sea Stays in good faith, and to provide Sea Stays with such information and take such actions as may be reasonably requested by Sea Stays, in connection with any complaints or claims made in connection with Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by Sea Stays or a representative of Sea Stays regarding use or abuse of the Site or the Services.