FANTASTICSTAY GENERAL TERMS OF SERVICE
These general terms and conditions (the “Terms of Service”) govern all aspects of the provision and use of our Services as made available from time to time.
You accept to be bound by these Terms of Service by accessing or using a Service and/or by creating and accessing your Customer Account. If you do not agree with these Terms of Service, you must not accept these Terms of Service and may not use any of the Services.
(a) The terms “FantasticStay”, “we”, “us” or “our” refer to Fantasian Ltd, a limited liability company incorporated in England with its registered address at Кings Lodge London Road, West Kingsdown, Sevenoaks, TN15 6AR, United Kingdom with company registration number 11848460.
(b) The terms “Customer” and “you” refers to either: (i) the person who registers for a Customer Account on his/her own behalf; or (ii) the organisation, where the person registers for a Customer account on behalf of an organisation.
(c) The term “contract term” means the term for which you have subscribed to our Services.
(d) The term “Customer Account” refers to the account which the Customer creates on our website FantasticStay.com in order to access and use the Services.
(e) The term “Customer Website” refers to the website that is created by the Customer using our Services, including a permitted sub-domain on our website FantasticStay.com.
(f) The term “Confidential Information” means all information disclosed by you to FantasticStay or by FantasticStay to you which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including, but not limited to, information relating to FantasticStay’s policies and procedures. For purposes of these Terms of Service, these Terms of Service as well as any data needed for, relating and/or to the provision of our Services to you (including but not limited to your personal data and your service data as described in our Privacy Policy) shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms of Service or another valid agreement between the parties; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
(g) The term “Content” means text, graphics, images, music, software, audio, video, information or any other form of data.
(h) The term “Customer Content” refers to Content provided by the Customer as part of using the Services including but not limited to information (including photographs or illustrations) about a Property’s amenities, suitability, pricing or availability.
(i) “Force Majeure” means unexpected circumstances outside a contracting party’s reasonable control that, having arisen, prevent it from performing its contractual obligations.
(j) “Our Platform” means the platform provided on our website fantasticstay.com;
(k) The term “Property” refers to any form of accommodation, building, apartment, room, apartment blocks, houses, house boat, or any other dwellings or rental space that is displayed by the Customer on the Customer Website or a third party channel and offered for rent or use using the Services.
(l) “Services” refers to all services and solutions for management of property rentals provided by FantasticStay from time to time including but not limited to (i) managing content on third party channels via our channel manager software (PMS), receiving booking information via our booking and payment system, managing reservations and payments and responding to clients via our reservation system, (ii) creating, maintaining and hosting a website, (iii) any add-on services as Guest Communication Services and (iv) all related programming, content, logos, naming and branding, and all future updates, upgrades, substitutions or additions to any of them and any FantasticStay mobile application.
(m) “Third Party Channels” means any third party platforms such as but not limited to Airbnb, booking.com, VRBO/Homeway.
(a) During your contract term, you have the limited right to access and use the Services that you have subscribed to in accordance with the terms and conditions of these Terms of Service.
(b) We will make available the Services that you subscribed to pursuant to these Terms of Service and will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except (i) during planned downtime for upgrades and maintenance to the Services (of which we will use commercially reasonable efforts to notify you in advance both through Our Platform and a notice to you) and (ii) for any unavailability caused by Force Majeure or Internet service provider failure or delay.
(c) A high speed Internet connection is required for proper provision of the Services. You are responsible for procuring and maintaining the network connections that connect your network to the Services, including, but not limited to, “browser” software that supports protocols used by FantasticStay, and to follow procedures for accessing services that support such protocols.
(d) Our Platform is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Our Platform is made available for use and access, not sold or licensed.
(e) The Services and all rights in the Services, including but not limited to copyrights, designs, image and publicity rights, database rights, trademarks (including trade and product names, logos, slogans or banners) and patents, know-how and trade secrets, whether registered or unregistered, are all the exclusive property of FantasticStay.
(a) If the Customer wishes to connect his or her Customer Account to a Third Party Channel (each such interconnection is named an “Integration”), then Our Platform and/or the Customer may need to change the email or other user credential for the Customer to use with each respective Third Party Channel. Our Platform will then maintain the Integration with the Customer Account on the Third Party Channel. Also, in order for Our Platform to operate properly, the Customer must keep his or her account on the Third Party Channel connected to the Customer Account on Our Platform.
(b) The Customer will have no plea, claim or demand against us for any loss of data, reservations or revenue due to Customer’s failure to keep his or her account on the Third Party Channel connected to the Customer’s Account on our Platform. The Customer is exclusively responsible for all consequences of such failure.
(c) Once connected to an Integration, our Platform automatically imports the Properties and guest related data in the Customer’s accounts on the respective Third Party Channel, such as listings, reservations, past guests, etc. Our Platform allows you to manage future reservations (reservations that were already booked where the check in is in the future) right away.
(d) In some cases, Our Platform performs the Integration using “channel managers”, which are subject to their own terms of use that the Customer is responsible to comply with. In those cases, we merely push the data through the relevant channel manager and pay the fees applicable to that Channel Manager.
You may opt to use our Guest Communication Service. Our Guest Communication Service team will respond to reservation inquiries and requests originating from any connected Third Party Channels in the order which our priority system automatically determines. Our Guest Communication Service team will handle tickets as follows:
(a) We first try to respond to inquiries according to the information and guidelines that you provided us when onboarding to the Service.
(b) If we are unable to determine an appropriate response or solution based on that information or guidelines, we will make good faith efforts to research the answer using information public available online.
(c) If we are still not able to determine an appropriate response, we will attempt to contact your designated contact person. We will contact the designated contact person according to the priority of contact channels that you indicated. An inquiry may be submitted to us at any time during the day or night, and the contact person must therefore be ready, willing and able to respond promptly at any time we contact him or her for an inquiry. You acknowledge and agree that if we are not able to get hold of the designated contact person, or if he or she is unable to address the inquiry, we may not be able to respond to the inquiry properly and in a timely manner. However, we shall save the appropriate response from you for future references.
(a) We do not own or manage Properties and we do not act as real estate agents or travel agents for our Customers or their customers. We only provide a platform that allows Customers to create, edit and display listings for Properties on Customer Websites or Third Party Channels, and to manage the booking and reservation of Properties. We do not take part in, or responsibility for, any rental transactions, booking arrangements or any property management issues. We are not a party to any rental contract.
(b) You acknowledge that we have no control over any Content transmitted to the Third Party Channels or on the Customer Website (including initiation of the transmission or determination of the receiver of the transmission) and do not monitor or review such Content.
(c) You are solely responsible for the operation of the business that is conducted in relation to the Properties, including, the statements and representations made by you about the Properties, any interaction between you, your guests and other users, the Content (including user generated content) which is posted to or transmitted regarding your Properties, and the operation of your Customer Website.
(a) You agree to access and use the Services only to advertise Properties for rent. Any other use of the Services is expressly prohibited.
(b) You agree to comply with all applicable laws and regulations with respect to your activities under these Terms of Service and with respect to any Customer Content.
(c) You shall own all right, title and interest in and to the Customer Content and Content uploaded by your users, and shall have the sole responsibility for the legality, reliability, integrity, accuracy and quality of such Customer Content. FantasticStay is not required to but may monitor such content and may remove or alter it if FantasticStay believes for any reason that it is in breach of these Terms of Service, applicable laws or third party rights, or is harmful to FantasticStay’ business or reputation.
(d) You warrant that you will provide and maintain correct and up-to-date information about the state, features and availability of the Properties, and not to mislead your users about the same or any other detail about the Properties. You acknowledge that information provided about the Properties will be made available to the public and may be sent to our partner websites for the purpose of advertising the Property.
(e) You are further solely responsible for ensuring that the Customer Website complies with applicable law and for drafting, displaying and enforcing the terms of use and privacy policy for the Customer Website.
(f) If you operate in a similar business to ours, we reserve the right to refuse to provide our Services to you and to terminate these Terms of Service immediately without notice.
(g) You acknowledge that we have no obligation to store, maintain or provide you with a copy of any Customer Content. It is your sole responsibility to back up your Customer Content. See our Privacy Policy for more information about our treatment of personal data.
(h) You must not: (i) modify, adapt, alter, translate, or create derivative works from the Services; (ii) sublicense, lease, rent, loan, or otherwise permit a third party to use the Services; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services; or (iv) use the Services except as expressly allowed in these Terms of Service.
(a) Within the Services, FantasticStay may provide access to third party websites, services, resources or content (including advertising or sponsorship content). Any such references or links are for informational purposes only and do not constitute any endorsement, recommendation or other assumption of responsibility for them by FantasticStay. FantasticStay has no control over third party sites, resources or functionality not provided directly by FantasticStay.
(b) Your correspondence, business dealings with, reliance on such resources, or participation in promotions of, advertisers, sponsors or other persons found on or through the Services, including all applicable terms and conditions and notices including in relation to use of personal data, are solely a matter between you and such party. FantasticStay excludes all liability for matter arising out of or in relation to any contact with them.
(c) FantasticStay is not responsible for the availability of such external sites or resources or for any content, advertising, products, services or other materials made available by such third parties.
(a) Except for the free version of our Services as described on Our Platform, our Services are provided for the fees described therein (collectively, « Fees »), and you are liable for such Fees. The pricing quoted on our website is net of VAT and taxes. Based on your country of residence or incorporation we may be obliged to add VAT at the applicable rate or other applicable sales taxes to your Fees. Any applicable VAT or sales tax charge will be included on your invoices from us..
(b) We reserve the right to change these Fees and introduce new charges any time. Fee changes will take effect in your next contract term.
(c) You may agree to a monthly, quarterly or a yearly contract term with us, where the payment is made in advance for the agreed contract term. The Services will be provided immediately after we have received the payment.
(d) You can opt to upgrade or downgrade the Services to any other service level that we are offering for sale at any time during your contract term. In the event of a Service upgrade, the new fee will immediately apply and you will be charged in full for the pro-rata part of that contract term. In the event of a Service downgrade, the new fee will only apply after the contract term. No discount credit will be given.
(e) The contract term will automatically renew for additional contract terms until explicitly cancelled by you. Contract renewals must be paid for by credit card. You acknowledge that we will not send you a notice before the contract term is renewed and that it is your responsibility to terminate the contract with us if you no longer wish to receive the Services by sending us a seven (7) day prior notice as provided under clause 10(b).
(f) Services cancelled at your request prior to the completion of the contract term are not subject to a refund.
(g) If you fail to comply with any of the provisions of these Terms of Service and we terminate your Services prior to the completion of the contract term, we will not refund any payments.
(h) You agree to us, or our third party service providers, that we can store the Customer’s payment card information and we can charge that payment card (i) a fee for any applicable Services billed on a monthly, quarterly or a yearly basis, (ii) any other fees for Services you may purchase in addition from us, (iii) any increase in fee pursuant to clauses 7(b) or (d) of these Terms of Service, and (iv) any applicable taxes in connection with your use of the Services. If the payment card you provide expires or fails to make the payment and you do not provide new payment card information or cancel the Customer Account, we may, without liability to you, disable the Customer Account and access to all or part of the Services and we shall be under no obligation to provide any or all of the Services until a new payment card is provided or payment of a due amount is able to be charged.
(i) All fees shall be paid in EU euros.
If you register for a free trial for any of the Services if and when such free trial is available, we will make such Services available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period for which you registered to use the applicable Service(s); (ii) the start date of any subscription to such Service purchased by you for such Service(s); or (iii) termination of the trial by us in our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into these Terms of Service by reference and are legally binding. Please review the applicable documentation during the trial period so that you become familiar with the features and functions of the Services before you make your purchase.
(a) These Terms of Service will be effective from the date on which you create your Customer Account or first use the Services, and will remain effective until terminated as set out below.
(b) Renewal of the plan you have selected (monthly or annual) is by default automatic unless you terminate your subscription as set out below at least seven (7) days prior to the end of the contract term to allow for adequate processing time.
(c) You may terminate your subscription yourself at any time from inside your account or by sending us a termination notice by email to [email protected]. Services cancelled at your request prior to the completion of the contract term are not subject to a refund. By creating an account with us, you accept responsibility for deleting it yourself if you wish to terminate your subscription.
(d) FantasticStay may terminate your Customer Account and these Terms of Service: (i) for any reason at any time on 60 days’ notice given by any reasonable means, in which case you will be entitled to a full refund for any Fees paid up beyond the effective date of termination; or (ii) at any time without notice or refund if FantasticStay reasonably believes you have failed to comply with any material term contained in these Terms of Service, you have infringed someone else’s rights (e.g. copyrights, publicity or privacy rights), or engaged in any fraudulent, unacceptable or illegal activity.
(e) In addition to any other rights or remedies that FantasticStay may have, FantasticStay may also suspend your access to all or part of the Services, where FantasticStay is entitled to terminate these Terms of Service or where this is required by any applicable law or regulation or FantasticStay’ hosting provider.
(g) On termination of these Terms of Service for any reason: (i) all your licences and rights to use the Services shall terminate, and (ii) you will cease all use of the Services. No further Fees will be collected after termination. However, no refunds will be given except as expressly set out in this clause.
As our longer term subscriptions benefit from lower effective monthly rates, we have a strict policy of refunds. Therefore, as set out in clauses 8(f) and 10(b), Services cancelled at your request prior to the completion of the contract term are not subject to a refund.
As set out in clause 8(g), if you fail to comply with any of the provisions of these Terms of Service and FantasticStay terminates your Services prior to the completion of the contract term, FantasticStay will not refund any payments. As set out in clause 10(d), FantasticStay may terminate your Customer Account and these Terms of Service at any time without notice or refund, if FantasticStay reasonably believes you have failed to comply with any material term contained in these Terms of Service, you have infringed someone else’s rights (e.g. copyrights, publicity or privacy rights) or have engaged in any fraudulent, unacceptable or illegal activity.
You agree to indemnify, defend and hold FantasticStay, its related companies and staff harmless from and against any and all claims, liability, loss, damage, costs and expenses, including reasonable legal fees, in connection with or arising out of your: (i) breach of any provision of these Terms of Service or any applicable law, regulation or code of conduct, or (ii) breach of any rights of any third party, (iii) use or misuse of the Services, (iv) content posted in or through your account; and/or (v) any dispute which may arise between you and your guests or prospective guests or any other third party.
(a) The Services are provided “as is” and “as available” in accordance with these Terms of Service. FantasticStay hereby excludes all other terms, whether express, implied or statutory, including, without limitation, any warranties and conditions of quality, performance, non-infringement, merchantability, or fitness for use or any particular purpose or requirement.
(b) We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
(c) We make no warranty that the functionality of the Services will be uninterrupted or error free, that defects will be corrected or that the Services or the servers that makes it available are free of viruses or anything else which may be harmful or destructive.
(d) We make no warranty that the Customer Content will not be lost or corrupted and, unless otherwise provided in our Privacy Policy, we shall not be responsible for any loss, destruction, alteration, or corruption of Customer Content.
(e) Except as expressly stated in these Terms of Service, to the fullest extent permitted by law, all other warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms of Service.
(a) Nothing in these Terms of Service excludes our liability for (a) fraud or fraudulent misrepresentation, (b) death or personal injury caused by our negligence or (c) any other liability which cannot be excluded or limited by law.
(b) Subject to clause 14(a), we will not be liable, whether in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any: (i) loss of profits, (ii) loss of business, (iii) depletion of goodwill, (iv) loss or corruption of data or information, (v) any indirect, special, incidental or consequential loss or damage, arising out of or in connection with the Customer’s use of the Services and/or our provision of the Services.
(d) Subject to clause 14(a), our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Services shall be limited to the total fees paid for by the Customer during the 12 (twelve) month period immediately preceding the date on which the claim arose.
(e) In particular, no warranty is made that the Services will enable a certain quantity of bookings, contracts or profit. You are solely responsible for your own business plan, cash-flow and execution. Payment of the Fees is not conditional upon your obtaining any level of business or revenue.
(f) To the extent that any jurisdiction does not permit any of the exclusions or limitations set out above, some of these exclusions or limitations may not apply to you, and FantasticStay’ liability will in that case be limited as far as possible under applicable law.
(a) You agree that FantasticStay may hold on its databases the information you provide about yourself and the Properties. FantasticStay may send you promotional material from time to time, but you may opt out of receiving these communications at any time.
(b) To the extent that you provide to us or use the Services to process personal data of guests or other third parties, then you represent and warrant that all such data has been collected and will be processed in accordance with all applicable laws and that you have in place a professionally drafted privacy notice or policy for your business, and have made all necessary disclosures and obtained all necessary consents in order to provide such data to FantasticStay for the intended purposes. You will indemnify FantasticStay for any claim received from any guest, other third party or regulator relating to your compliance with personal data processing laws.
(c) FantasticStay may access data stored on or transmitted through the Services to conduct research, operate and improve the Services and provide anonymous reporting for internal and external clients and business associates.
(d) The FantasticStay Privacy Policy, as modified from time to time, is incorporated by reference in and forms part of these Terms of Service.
(e) FantasticStay will endeavour to keep your data secure and protected from accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access in accordance with applicable laws and regulations, and has in place up to date and fully tested and audited security systems, but does not make any guarantees in this respect, and excludes all liability for these matters to the extent permitted by applicable law.
Except as expressly permitted in these Terms of Service and /or in our Privacy Policy, each Party will protect each other’s Confidential Information from unauthorised use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as expressly permitted in these Terms of Service and /or in our Privacy Policy, each of us may use each other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms of Service and shall disclose such Confidential Information (a) solely to its personnel who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information; (b) as necessary to comply with an order or service of any administrative agency or court of competent jurisdiction; or (c) as reasonably necessary to comply with any applicable law or regulation.
(a) The Customer acknowledges and agrees that FantasticStay and/or its licensors own all intellectual property rights in the Services and on its website including but not limited to copyrights, designs, image and publicity rights, database rights, trademarks (including trade and product names, logos, slogans or banners) and patents, know-how and trade secrets, whether registered or unregistered and, except as expressly stated herein, these Terms of Service do not grant the Customer any rights to or in patents, copyright, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licenses in respect of the Services.
(b) The Customer represents and warrants that it is the owner or permitted licensee of the Customer Content, including all intellectual property rights consisting in it, and agrees to indemnify FantasticStay immediately on demand against any cost, loss or liability which we may incur by reason of the Customer’s breach of that warranty.
(c) The Customer grants FantasticStay the following limited licence with respect to the Customer Content: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Customer Content only in connection with the provision of the Services and optimization of the Customer Website.
(d) Customer agrees that FantasticStay can place a reasonably sized and positioned logo and/or text link on website pages and emails included in Our Platform, including on publicly accessible pages of the Customer Website which may indicate “Powered by FantasticStay” or “Created by FantasticStay” or similar. You must not remove, obscure, make illegible or alter any such logo or link, unless required by FantasticStay in which case you must remove it as soon as practicable after FantasticStay’s request.
(a) FantasticStay reserves the right to modify these Terms of Service at any time by notifying you by any reasonable means including through the Services. The modified Terms of Service shall become effective 30 (thirty) days from such notification, unless you accept the modified Terms of Service earlier. Such acceptance by you, or your continued use of any of the Services after expiry of the notice period of 30 (thirty) days, shall constitute your acceptance to be bound by the terms and conditions of the modified Terms of Service.
(b) FantasticStay shall not be liable to you for any breach or delay of the performance of its obligations under these Terms of Service where such breach or delay is caused by Force Majeure. FantasticStay will take reasonable steps to minimize the effect of the delay or breach.
(c) If any of the provisions or part provisions contained in these Terms of Service should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such provision or part provision shall be severed, and the remaining provisions and part provisions of these Terms of Service shall survive and remain in full force and effect and continue to be binding and enforceable.
(d) The failure or delay by FantasticStay to require performance of any provision hereof shall not affect its right at a later time to enforce such provision, or act as a waiver, unless such waiver is in writing and signed on behalf of FantasticStay.
(e) You cannot assign these Terms of Service or any rights or obligations hereunder. FantasticStay may freely assign these Terms of Service or any rights or obligations hereunder, without notice.
(f) These Terms of Service shall be governed by and construed in accordance with the laws of England.
(g) Any legal proceedings arising out of or relating to these Terms of Service or the Services will be subject to the exclusive jurisdiction of the courts of England.