Booking Terms & Conditions
Accommodation only
1. Introduction
1.1. We are Stays York Limited trading as ‘Stays’ referred to in these Booking Conditions as (“Stays”, “we”, “our” or “us”) a company registered in England and Wales (company number 14214864) whose registered office is at 1 Bootham, York, North Yorkshire, United Kingdom YO30 7BN
1.2. References in these Booking Conditions to “Customer”, “guest”, “you” and “your” means all persons named on the booking confirmation (including anyone who is added or substituted at a later date)
1.3. References in these Booking Conditions to “Owner” means the owner of the property constituting the accommodation.
1.4. By booking with us, you confirm that you agree to comply with and accept these booking conditions and the following information which we will provide to you:
(i) the accommodation rental conditions (which means all information in any specific conditions or restrictions set out in the website description of your chosen accommodations);
(ii) the information section of the website or other publication we tell you about; and
(iii) any other written information we brought to your attention prior to confirming your booking.
1.5. These Booking Conditions apply to bookings of accommodation only.
2. Our role as agent
2.1. We act as agent of the owner of the accommodation for which you make a booking (“Owner”) by arranging bookings and taking payments from you for accommodation bookings.
2.2. When you book an accommodation with us acting as agents, you are entering directly into a legally binding contract with the Owner with respect to renting the accommodation, not us. We will not be a party to that contract.
2.3. We, as agents, accept no legal responsibility for any contract you enter with the Owner, or for the acts or omissions of any Owner or anyone representing or employed by them in relation to your booking. We cannot accept any liability for any problems or faults with or in any accommodation which are solely under the control of the Owner. Our responsibilities to you are limited to making the booking in accordance with these booking conditions and your instructions and processing any amendments to or cancellation of the booking.
3. Your use of the accommodation
3.1. The accommodation that we advertise is offered by the Owner for the sole purpose of holiday lettings and must never be occupied as your principal home, unless expressly agreed otherwise in writing by the Owner and us. Accordingly, you agree and accept that you are not offered any rights to the accommodation other than the right to occupy the accommodation as holiday accommodation for the period of your booking. No booking of any kind is an ‘Assured Shorthold Tenancy’ or protected under the Protection from Eviction Act 1977.
3.2. Our booking services with you are available for your personal, non-commercial use only. You may not offer for resale any booking services without our express permission.
4. Website details
4.1 We aim to make sure that information provided by Owners about their accommodation and its facilities or services, is accurate and complete on the date given. Descriptions are intended to present a general idea of the accommodation and do not constitute any advice or recommendation by us.
4.2. Not all details of the relevant facilities can be included on our website. Furthermore, there may be small differences between the actual accommodation and its description. Occasionally, some facilities or services may not be available or may be restricted. If this happens, we will tell you as soon as reasonably practical after we become aware.
4.3. Where Wi-Fi is an advertised facility, its provision is subject to availability and network conditions. It may not be available 24 hours a day and is provided for pleasure, not for business purposes.
4.4 We cannot accept responsibility for any damage to any device, any data contained on it or the security of any data transmitted.
4.5 You accept sole responsibility for the protection of your devices from viruses, loss of data and /or unauthorised access.
4.6. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any accommodation or its facilities and services that we pass on to you in good faith, unless this was caused by our negligence. If we become aware that such information is not true, we will promptly correct it.
4.7. We cannot accept responsibility for any changes or closures to local services or attractions mentioned on our website.
5. Making your booking
5.1. As the person in charge of the party (“the party leader” or “you”), you must be at least 18 years old at the time of booking. By making the booking, you confirm that you are authorised to make the booking. It is your responsibility as the party leader to ensure that the other party members are aware of and agree to comply with these booking conditions and any restrictions or requirements stated on the accommodation advertisement.
5.2. You are responsible for making all payments to us.
5.3. You must ensure that all the information you provide us in connection with your booking is true, accurate, current and complete. If any of your details change, you must promptly update your details.
5.4. If you or any member of your party has any medical problem or disability that may affect your booking, please tell us before you confirm your booking and give us full details in writing as early as possible before you travel. If the Owner is unable to make reasonable adjustments to meet that person’s particular needs, we, on behalf of the Owner, can refuse or cancel the reservation.
5.5. If you have any special requests, you must let us know when you make a booking. Although we will try to pass any reasonable requests on to the Owner, we cannot guarantee that any request will be met. Confirmation that we have noted a special request or passed it on to the Owner, or the fact it is shown on your written confirmation or any other document, is not confirmation that the request will be met. If we or the Owner fail to meet any special request, it will not mean we or they have broken your contract.
5.6. If the accommodation is available and we have received all the relevant payments from you, we will give you written confirmation of your booking as soon as reasonably possible. This confirmation will show your booking details, the amount you have paid and the amount you still owe for the booking.
5.7. Your contract with the Owner will begin when we issue you the written confirmation on behalf of the Owner and you have made the appropriate payments to us.
5.8. If you pay the deposit, it does not mean we have accepted a booking unless we have issued you with written confirmation. Please do not make any other travel arrangements (such as flights) until we have issued you with a written confirmation.
5.9. If you book with us online, we will acknowledge that we have received your booking and then later send you your confirmation by email. It is your responsibility to check your emails regularly and to let us know about any change to your email address.
5.10. We, on behalf of the Owner, have the right to refuse any booking before we send you written confirmation. If we do this, we will tell you in writing and promptly refund any money you have paid to us. In this case, neither we nor the Owner will have any legal responsibility to you.
5.11. As soon as you receive your confirmation, you must check the details carefully. If anything is not correct, you should tell us immediately. As we act only as agent, we have no responsibility for any errors in any documentation, except where an error is made by us.
5.12. Even if we have sent a written confirmation, we on behalf of the Owner, have the right to cancel a booking where there are reasonable grounds to believe that
(i) it is not legitimate;
(ii) you are likely to breach these booking conditions, or any restrictions or requirements stated on the accommodation advertisement;
(iii) information supplied by you in relation to your booking is incorrect; or
(iv) you have behaved in a vexatious, abusive or unlawful manner to the Owner or to our staff.
If we cancel your booking in these circumstances, we will tell you in writing and neither we nor the Owner will have any legal or financial responsibility to you.
6. Payment
6.1 When you book, you must pay:-
i) the deposit amount then due (see also clause 7 (Deposit));
ii) any applicable booking fee;
iii) a £10 damage waiver fee which covers accidental damage within the property up to the value of £200. Where any accidental damage exceeds the value of £200, we reserve any excess to you. For the avoidance of doubt, the damage waiver fee does not cover any deliberate or reckless damage
6.2 We must receive your balance payment no later than 14 days prior to your arrival date.
6.3 If you book within a period later than 14 days before your stay, we must receive full payment of the total cost of your booking when making the booking.
6.4 If you do not pay any payment due in relation to your booking by the appropriate date, on behalf of the Owner, we are entitled to assume that you want to cancel your booking. In this case, your booking will be cancelled immediately and the provisions of clause 10 (Customer cancellations) will apply. You may also be required to pay additional charges.
6.5 Please note that we act as an agent and that other than any booking fee, handling fee or administration charges (which we charge ourselves for the services we provide in administering your booking), or unless stated otherwise in these booking conditions, all charges and refunds are made for and on behalf of the Owner unless we have agreed a different position with the Owner.
7. Deposit
7.1. For most bookings, we will ask you to pay a 20% deposit, to secure your booking.
7.2. The standard deposit is 20% of the accommodation rental price, but we may occasionally require you to pay more or less. You will be told what the deposit is prior to making the booking.
8. Pricing
8.1. We keep the prices charged by the Owner under constant review and the prices of unsold accommodation may be increased or decreased at any time. We may also correct mistakes in the pricing of unsold accommodation at any time. We will confirm the price of your booking when you make it. As changes and mistakes can happen, you must check the price and all other details of your chosen accommodation at the time of booking.
8.2. All prices quoted or otherwise given to you include all charges and any taxes or government charges which may apply to your booking at the time it is made. Variations in the tax rate or government charges may result in variations of the sums due for your booking and you may be required to pay any additional taxes that arise after your booking has been confirmed.
8.3. We can pass on to you, in full, after we have confirmed your booking, all costs or charges the Owner makes to us which are connected with your booking, including any price increases due to changes in the exchange rates of currency.
8.4. All accommodation prices are for the accommodation as a whole and are not on a per person basis, except when an extra person charge applies.
8.5. We charge a booking fee and (where relevant) administration and cancellation charges for the services we provide in administering your booking.
9. Changing your booking
9.1. If you want to change any detail of your confirmed booking, you must notify us by email or by calling us as soon as possible and we will do our best to arrange the changes.
9.2. Changes can only be accepted with the Owner’s agreement. We cannot guarantee that the Owner concerned will be able to meet your request.
9.3. If the Owner can facilitate your change, you will be asked to pay us an administration charge of £35 for each change in dates or £60 for each change in accommodation, both of which will be charged on our behalf. You will also have to pay any costs incurred by the Owner in facilitating this change for you, which, where relevant, will be charged at the current website price, which may be different from the price on the website from which you booked your chosen arrangements.
10. Customer cancellations
10.1. If you have to, or want to, cancel your booking after it has been confirmed, you must notify us as soon as possible. The day we receive your notice by phone or e-mail to cancel is the date on which we will cancel your booking with the Owner.
10.2. If you cancel within 14 days of arrival no balance will be due back to you unless the property is re-booked by another guest for the same period or part of the same period less any additional cleaning costs incurred. The rate which we will re-market the property for may vary from your original booking. Any balance due to you will be confirmed following your original departure date.
10.3 Where a cancellation is received up to 14 days before the start of the booking, the accommodation cost and damage waiver fee less the booking fee will be refunded.
10.4 If you have booked 28 nights or more under a longer-term discounted rate you will be liable for payment of the first 28 nights in full if you cancel within that period.
11. Part cancellations
11.1 If any person(s) in your party needs to cancel, this will not affect the total cost of your booking.
11.2 No refunds are payable in the event that you cut short your stay.
12. Changes by us or the owner
12.1 We and the Owner do not expect to have to make any changes to your booking. However, sometimes bookings have to be changed, or mistakes have to be corrected. We, and the Owner, have the right to do so. If there is an error or mistake, including on pricing, then the contract between us will be void and you’ll be entitled to a refund. You won’t, however, be entitled to compensation, nor to have the holiday at the lower price.
12.2 If we or the Owner do need to make changes, we (on the Owner’s behalf where the Owner is making a change), will contact you by phone if reasonably possible in the case of a significant change or by email in the case of a minor change as soon as is reasonably practical. We will explain what has happened and let you know about the change. However, we will have no further liability to you.
13. Cancellations by us or the owner
13.1 If we or the Owner cancel your booking or are prevented from providing the accommodation you have booked, you may choose to:
(i) accept alternative accommodation – you will have to pay any difference in price if the cost of the new accommodation is higher or be reimbursed the difference if the cost of the new accommodation is lower;
(ii) request a voucher with a redemption value equal to the amount previously paid by you for the booking – the voucher terms and conditions will be available before you make your choice under this clause; or obtain a refund of the amount already paid by you for the booking.
13.2. We will contact you to inform you of these options.
14. Duration
If you wish to depart from your accommodation early you must give at least 7 nights notice to us in writing. A refund will be given for the remaining nights after the 7 day period has ended.
15. Events beyond our control
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation, if our contractual obligations to you are affected by “Events Beyond Our Control”. For the purposes of these Booking Conditions, Events Beyond Our Control means any event beyond our or the Owner’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination (including epidemics, pandemics and the ongoing effects of the Covid-19 pandemic) or natural disasters such as floods, earthquakes or weather conditions which prevent you from travelling to the travel destination and/or make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the Owner’s control.
16. Insurance
16.1. We recommend that you take out travel insurance to cover you for your total stay.
16.2. You should ensure that you take your policy documentation with you on holiday.
16.3. It is your responsibility to make sure that any insurance cover you purchase is suitable for your needs
17. Your obligations in respect of the accommodation
17.1. The Owner has set the following condition on your stay at the accommodation:
(Arrival and departure - You can arrive at your accommodation at any time after 4pm (unless we tell you otherwise) on the start date of your rental period. You must leave by 10am on the last day (unless we tell you otherwise).
Late departures are charged at 50% of the applicable property’s daily rate.
The key collection process will be sent to you via email before your arrival date.
18. Behaviour
18.1 You and all members of your party agree (and understand that failure to agree will result in your booking being cancelled, in which case neither we nor the Owner will have any legal or financial responsibility to you):
(i) to keep the accommodation clean and tidy;
(ii) to leave the accommodation in a similar condition as you found it when you arrived;
(iii) to behave in a way at all times while at the accommodation which does not break any law;
(iv) not to use the accommodation for any illegal or commercial purpose;
(v) not to sublet the accommodation or any part thereof or otherwise allow anyone to stay in it who we have not previously accepted on behalf of the Owner as a member of your party;
(vi) not to behave in an anti-social manner, breach the peace or otherwise act in a way which may disrupt or affect the enjoyment of others;
(vii) to comply with any restrictions or requirements stated on the accommodation advertisement, including but not limited to any restrictions on party composition.
(viii) not to allow more people than your booking confirmation states to stay overnight in the accommodation.
(ix) not to arrange for visitors to the accommodation without the advance consent of the Owner.
(x) not to hold events (such as parties, celebrations or meetings) at the accommodation without the advance consent of the Owner.
18.2. If you or your guests do any of the things set out in clause 18.1, the Owner may refuse to hand over the accommodation to you, or can repossess it. If the Owner does this, we will treat this as you cancelling the booking. In these situations, you will not receive a refund of any money you have paid for your booking. Neither we nor the Owner will be legally responsible to you as a result of this situation (for example, for any costs or expenses you have to pay due to not being able to stay in the accommodation, such as the cost of finding alternative accommodation). Neither we nor the Owner are under any obligation to find any alternative accommodation for you.
18.3. You are responsible for all guests staying at the accommodation and the things they do (and do not do) even if you do not stay at the accommodation during the booking period.
18.4. Subject to clause 6.1 (iii), you are responsible for and agree to reimburse to the Owner and us all costs incurred by the Owner and/or us as a result of any breakage or damage in or to the accommodation which is caused by you or any members of your party or any other persons invited into the accommodation by you. The Owner and/or we can ask for an extra payment from you to cover any such costs.
18.5. You are required to leave the accommodation in a reasonably clean and tidy state on departure. If, in the Owner’s or our opinion, additional cleaning is required, you will be liable to the Owner for the cost of this cleaning.
19. Unreasonable behaviour
19.1 The Owner can refuse to hand over their accommodation if the unreasonable behaviour of anyone in your party is likely to cause offence to other guests, members of staff or neighbours, or if the Owner has reasonable cause to believe you or any member of your party will cause damage or loss to the accommodation, its services or facilities or if the Owner does not reasonably believe you have complied with any restrictions or requirements stated on the accommodation advertisement, including but not limited to any restrictions on party composition. If this happens, the contract between you and the Owner will end and you will not receive any refund and neither we nor the Owner will have any further responsibility to you.
19.2 The Owner can end a stay after the keys have been handed over, if the unreasonable behaviour of anyone in your party (including anyone invited into the accommodation by you) is likely to spoil the enjoyment, comfort or health of other guests, residents, neighbours or members of staff or where you or any member of your party (or anyone invited into the accommodation by you) has broken or is likely to break any of these booking conditions, or any other terms and conditions applicable to the accommodation which you have been told about, including requirements stated on the accommodation advertisement, such as those regarding party composition. If this happens, you will have to leave the accommodation immediately and no refund will be given. You may also be responsible for any costs the Owner incurs as a result of your behaviour.
20. Right of entry
20.1 Us and the Owner are allowed to enter the accommodation (without letting you know first if this is not practical or possible) if special circumstances or emergencies happen (for example if repairs need to be carried out) or if you break any of these booking conditions, or any other terms that apply to your booking and/or the accommodation.
20.2 The Owner or its representative is allowed to enter the accommodation to inspect it (including but not limited to where you have complained about the accommodation). If this happens, you will be given reasonable notice first.
20.3 You agree to allow the Owner or their representative (including workmen) access to the accommodation as required by this clause.
21. Services, inventory and linen
21.1 For any booking in excess of 12 nights, a cleaning service and linen change will take place after approximately 7 nights. Days will vary for each individual property. The frequency of mid-stay cleans for discounted bookings as advertised on Rightmove (or similar portals) of 28 nights or more will be fortnightly rather than weekly.
21.2 We cannot be held responsible for any failure or interruption of services to the property including electricity and water or any damage, disruption or noise caused as a result of repair works being carried out in another part of the property, to a nearby property or in the surrounding area.
21.3 If you request for a contractor to attend the property due to a lack of services which is later found to be a problem with misuse or misunderstanding then you will be liable for the cost of the callout.
22. Pets
22.1 Pets are not allowed unless confirmed within the Booking Confirmation. Sometimes, Owners may allow guests to bring pets to an accommodation. It is your responsibility to make specific enquiries before booking. If there is a charge for taking a pet, you will be told at the time of booking.
22.2 We recommend that any pet must have insurance which includes sufficient pet liability cover. You are wholly responsible for the supervision and behaviour of your pet at all times. If the Owner permits a pet to be accommodated, the pet is not allowed upstairs, or on beds or furniture. You must not leave any pets unattended in the accommodation or alone with children, including in any garden.
22.3 Registered assistance dogs are allowed in most accommodations featured on our websites, even if the accommodation description says that pets are not allowed.
22.4 If you or any member of the party has a pet allergy, we cannot guarantee that dogs, or other pets, have not stayed in your chosen accommodation, even if the Owner does not allow pets, nor can we accept any responsibility for any subsequent health reaction.
23. Smoking policy
23.1 All accommodation is no smoking (including e-cigarettes) including any outside areas included within the accommodation.
23.2 Any breach of this policy may result in additional cleaning costs which will be payable by you.
24. Complaints
24.1 If you have any complaint about our booking services, you must let us know immediately in writing and in any event before you travel. Unfortunately, we cannot accept any legal responsibility if you do not let us know what is wrong and allow us an opportunity to respond to you. If we are found to be at fault in relation to any service we provide (as opposed to any Owner for whom we are not responsible), we will not pay more than the commission we have earned for the booking (or the appropriate proportion of this if not everyone on the booking is affected), plus any reasonable expenses you cannot recover from elsewhere.
24.2 We do not exclude or limit what we will be legally responsible for if death or personal injury is caused as a result of our negligence or that of our employees whilst acting in their course of their employment, or for any criminal act we may commit. Neither we nor the Owner can be held responsible for noise or disturbance which comes from beyond the boundaries of the accommodation, or which is beyond the Owner’s control. If we know about a problem before you arrive, we will contact you to let you know. We cannot be held responsible for the breakdown of mechanical equipment such as pumps, boilers, swimming-pool filtration systems, nor for the failure of public utilities such as water, gas and electricity.
24.3 Although the contract for the provision of the accommodation is between you and the Owner, you must tell us as soon as possible if you are dissatisfied. This means on arrival if you are immediately dissatisfied or during your stay as soon as you become dissatisfied. You must provide an immediate opportunity for Stays to put right anything that is wrong before the end of your stay.
24.4 If you feel that a problem has not been dealt with to your satisfaction, you must, within 28 days of returning from your stay, put your complaint in writing to us. You can email us at chris@staysyork.com. We endeavour to resolve complaints as quickly as possible.
24.5 As we act only as an agent for the Owner, we cannot accept any legal responsibility for your complaint. If we help to resolve a complaint, we are doing so as an agent only and have no legal responsibility to you for any refund or compensation.
24.6 Nothing in this section will affect your legal rights or any right you may have to bring legal proceedings against an Owner.
25. Keys and parking permits
25.1 If you lose your keys during your stay, replacements can be provided at your cost to be collected by you from us during office hours. If you lose your keys outside of office hours, we cannot guarantee that replacements can be issued until the next working day. You will be liable for any additional expenses occurred as a result of losing keys.
25.2 If you lose the parking permit for the property during your stay or do not return it at the end of your stay then any associated costs to obtain a replacement will be payable by you. This can include the parking costs for future guests impacted by the loss of the permit as well as the cost of the replacement.
26. Mail
You must not use any mailbox at the Property for your own purposes. We do not hold keys for such mailboxes and will not be able to recover anything posted into them.
27. Lost property
We are happy to return any property to you should you leave anything behind during your stay. There will be a minimum administrative charge of £10 in addition to any postage costs. Any items returned to you will be posted by first class delivery at your risk. Payment for the return of items will be required in advance of posting.
28. Privacy
28.1 By submitting your personal information to us, you agree to our use of the information in the ways set out in our Privacy Notice, including sharing your personal information with the Owner for the purposes of the provision of the booking.
28.2 Please see our Privacy Notice on our website which explains how we will process your personal information.
28.3 We may and reserve the right to record telephone calls between us for monitoring and training purposes.
29. EV charging
Unless specified within any welcome files or online advertising for the property, EV charging is not permitted at any properties irrespective of whether or not the property has an EV charger installed. If this is found to have been breached, then additional charges will apply.
30. Arrivals and departure
Properties are reserved from 4pm on the day of arrival until 10am on the day of departure. Early entry in to a property i.e. to drop luggage off, is only permitted with prior written consent.
Late departures are charged at 50% of the applicable property’s daily rate.
The key collection process will be sent to you via email before your arrival date.
31. Changes to these terms
31.1 No representative, agent or salesperson has the authority to vary, amend or waive any of these booking conditions.
31.2 No amendment, variation or waiver of any of these booking conditions will be valid or have any effect unless accepted by us in writing.
32. Other terms
32.1 Any dispute, claim or other matter which may arise in relation to your booking will be governed by English law and you agree that any dispute will be dealt with exclusively by the courts of England and Wales.
32.2 If a court or regulatory agency with proper jurisdiction determines that a provision of these booking conditions or any contract to which they apply is invalid, void or unenforceable then that provision will be interpreted in a way to reflect as nearly as possible the original intentions of the parties that is valid under applicable law or regulation. If any provision is invalid, the rest of these booking conditions will remain effective to the full extent permissible by applicable law.
32.3 We and each Owner may transfer our rights and obligations under these Booking Conditions to another person or organisation. We or the Owner will contact you to let you know if this is planned. If you are unhappy with the transfer, you may contact us or the Owner to end the relevant contract within 14 days of us or the Owner telling you about it and we or they will refund you any payments you have made in advance for services that have not been provided.