My Stay Here Guest Refund Policy
These terms and conditions govern My Stay Here’s policy for
Guest refunds and the obligations of the Host associated with the Guest Refund
Policy, that applies in addition to My Stay Here’s Terms of Service. The Guest
Refund Policy is available to Guests who book and pay for an Accommodation
through the My Stay Here Platform and suffer a Travel Issue. The Guest’s rights
under this Guest Refund Policy will supersede the Host’s cancellation policy.
All capitalized terms shall have the meaning set forth in
the My Stay Here Terms or Payments Terms unless otherwise defined in this Guest
Refund Policy. By using the My Stay Here Platform as a Host or Guest, you are
indicating that you have read and that you understand and agree to be bound by
this Guest Refund Policy.
1. 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 reservation, you are required to meet
each of the following conditions:
(i) You must bring the Travel Issue to our attention through mail by info@mystayhere.com with information
(including photographs or other evidence) about the accommodation and the
circumstances of the Travel Issue within 24 hours after the start of your
reservation, and must respond to any requests by us for additional information
or cooperation on the Travel Issue.
(ii) You must not have directly or indirectly caused the Travel Issue (through
your action, omission or negligence).
(iii) 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.
2. The Guest Refund 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 My Stay Here Platform depending on the nature of the Travel Issue suffered,
or use our reasonable efforts to find and book you another Accommodation for
any unused nights left in your booking which is reasonably comparable to the
Accommodation described in your original booking in terms of size, rooms,
features and quality.
All determinations of My Stay Here with respect to the Guest
Refund Policy, including without limitation the size of any refund and the
comparability of alternate Accommodations, shall be in My Stay Here’s
discretion, and final and binding on the Guests and Hosts.
3. Conditions to Claim a Travel Issue
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:
(a) you must be the Guest that booked the Accommodation;
(b) you must bring the Travel Issue to our attention by
providing us with information about the Accommodation and the circumstances of
the Travel Issue within 24 hours after the start of your booking or you
discover the existence of the Travel Issue.
(c) you must not have directly or indirectly caused the
Travel Issue
(d) unless My Stay Here advises you that the Travel Issue
cannot be remediated, 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.
4. Minimum Quality Standards, Host Responsibilities and
Reimbursement to Guest
4.1 If you are a Host, you are responsible for ensuring that
the Accommodations you list on the My Stay Here Platform meet minimum quality
standards regarding access, adequacy of the Listing description, safety,
cleanliness, and do not present a Guest with Travel Issues. During a Guest’s
stay at an Accommodation, Hosts should be available, or make a third-party
available to resolve any Guest issues.
4.2 If you are a Host, and if (i) My Stay Here determines
that a Guest has suffered a Travel Issue related to an Accommodation listed by
you and (ii) My Stay Here either reimburses that Guest or provides an
alternative Accommodation to the Guest, you agree to reimburse My Stay Here up
to the amount paid by My Stay Here within 30 days of My Stay Here’s request. If
the Guest is relocated to an alternative Accommodation, you also agree to
reimburse My Stay Here for reasonable additional costs incurred to relocate the
Guest.
4.3 As a Host, you understand that the rights of Guests
under this Guest Refund Policy will supersede your selected cancellation
policy. If you dispute the Travel Issue, you may notify My Stay Here regarding
it, you must have used reasonable and good faith efforts to try to remedy the
Travel Issue with the Guest prior to disputing the Travel Issue claim.
5. General Provisions
5.1 No Assignment/No Insurance - This Guest Refund Policy is
not intended to constitute an offer to insure, does not constitute insurance or
an insurance contract, does not take the place of insurance obtained or
obtainable by the Guest. The benefits provided under this Guest Refund Policy
are not assignable or transferable by you.
5.2 Modification or Termination - My Stay Here reserves the
right to modify or terminate this Guest Refund Policy, at any time, in its sole
discretion, without prior notice. If My Stay Here modifies this Guest Refund
Policy, we will post the modification on the site or provide you with notice of
the modification also process all claims for Travel Issues made prior to the
effective date of the modifications.
5.3 Entire Agreement - This Guest Refund Policy constitutes
the entire and exclusive and understanding and agreement between My Stay Here
and you regarding and the Guest Refund policy and Supersedes and replaces any
and all prior oral or written understandings or agreements between My Stay Here
and you regarding the Guest Refund Policy. Capitalized terms not otherwise
defined herein shall have the meaning set forth in the My Stay Here Terms of
service
6. Contacting My Stay Here. If you have any questions
about the Guest Refund Policy, please email us at info@mystayhere.com