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Terms And Conditions

Last updated on May 31, 2020

By accessing, browsing, crawling, scraping or in any way using this website located at Blackstays.com (the site), you agree to these Terms and Conditions, the Privacy Policy posted at https://www.blackstays.com/privacy-policy/, and any other guidelines, rules, and additional terms referenced herein (collectively the Terms and Conditions). Please read the Terms and Conditions carefully. Your access to or use of the Site constitutes your acceptance of the Terms and Conditions. If you are unwilling to be bound by the Terms and Conditions, do not access or use the Site.

Definitions

  • A "user" is anyone who accesses, browses, crawls, scrapes, or in any way uses the site, including but not limited to you and others who may read or write reviews about businesses listed on the site.
  • The "services" means the services and functionality made available to users on the site.
  • A "host" or "provider" is a "user" that owns listings and a "guest" or "requester" is a "user" that seeks a listing on our system.
  • "Content" means information, compilations, communications, images, photographs, graphics, audio, and videos.
  • "Your Content" means content that you submit, post, or transmit to, or using, the site, including but not limited to listings, searches, and information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to, or using, the site. Your Content does not include personally identifiable information that you submit when creating an account on the site (which personal information is subject to our Privacy Policy).
  • "User Content" means the content that any user of the site may submit, post, or transmit to, or using, the site, including but not limited to your content.
  • "Blackstays.com Content" means content that is created by SinergyK® ("Blackstays.com") and made available on the site.
  • "Third Party Content" means content that is made available on the site by parties other than Blackstays.com or the users, including but not limited to data providers who license data to Blackstays.com for use on the site.
  • "Site Content" means all of the content that is made available on the site, including Your Content, User Content, Third Party Content and Blackstays.com Content.

Changes to the Terms of Service or the Site

Blackstays.com may modify the Terms of Service at any time. When these changes are made, Blackstays.com will notify you by making a new copy of the Terms of Service available on this page and will indicate at the top of this page the date these terms were last revised. Any such modification will be effective upon Blackstays.com's posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification. Unless expressly stated otherwise by SinergyK® ("Blackstays.com"), any new Services or Site Content implemented after your initial access to the site shall be subject to the Terms of Service.

User Account

To access or use some of the services on the site, you may be required to register on the site by creating an account and providing information about yourself to Blackstays.com. You are solely responsible for maintaining the confidentiality of any passwords that you create in connection with the site, and are solely responsible for all activities that occur in connection with your account. You agree to notify Blackstays.com immediately of any unauthorized use of your account. Blackstays.com reserves the right to close your account at any time for any or no reason. A "User Account" can be classified as follows:

"Personal Account" is an account for your personal, non-commercial use only, and may be used (among other things) to submit, post, and transmit listings, searches, messages, and other types of user content. In creating or updating a personal account, you are encouraged to provide complete and accurate information about yourself in order to bolster your credibility as a contributor and/or user to the Site, though you may instead choose not to provide information that makes you personally identifiable. Notwithstanding the foregoing, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbour), provide an email address that is not your own, or create multiple personal accounts. You must be an adult (age above 18years) to create a account on our system. Furthermore, you must indicate your correct gender (male or female) at registration time.

Licenses

You hereby grant Blackstays.com and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, fully sub-licensable, and fully transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, incorporate into other works, display, perform, and otherwise exploit your content for any purpose, including without limitation promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels now known or later developed (Downstream Distributions). You also hereby grant users and users of any downstream distributions a non-exclusive license to access, use, reproduce, distribute, display, and perform your content for their personal, non commercial use in connection with their use of the site and any downstream distributions, as expressly permitted by the functionality of the site and any applicable downstream distribution, and the terms of service and terms of use of any applicable Downstream Distribution. In addition, you grant Blackstays.com, its affiliates, and their respective sub-licensees the right to associate and display your account name with your content. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your content.

Responsibility for Your Content

You are solely responsible for your content. You assume all risks associated with use of your content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in your content that makes you personally identifiable. You hereby affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Blackstays.com to use, your content as described herein. You may not imply that your content is in any way sponsored or endorsed by Blackstays.com. Because you alone are responsible for Your Content, you may expose yourself to liability if, for example, your content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Use of Your Content

Blackstays.com makes no representations that it will publish or otherwise use your content in any way. Blackstays.com may or may not use your content in its sole discretion. You understand that Blackstays.com does not guarantee any confidentiality with respect to your content. Blackstays.com has no obligation to store or provide you with copies of your content. Blackstays.com reserves the right (but has no obligation) to remove or suppress user content from the site at its sole discretion for any or no reason and without notice or liability of any kind, including without limitation, the suppression or removal of user content that Blackstays.com deems untrustworthy or in violation of the terms of service. Blackstays.com and its licensees may display advertisements and other information adjacent to or included with your content on the site and any downstream distributions. You agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Availability of Service

Blackstays.com reserves the right (but is under no obligation) to modify, update, or discontinue the site or any of the services at its sole discretion, at any time, for any or no reason, and without notice or liability.

Unauthorized Access

Blackstays.com reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Investigations

Blackstays.com, in its sole discretion, may (but has no obligation to) monitor or review the services and site content at any time. If Blackstays.com becomes aware of any possible violations by you of the terms of service or any law or third party right, Blackstays.com reserves the right to investigate such violations. If, as a result of such investigation, Blackstays.com believes that criminal activity has occurred, Blackstays.com reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable law, Blackstays.com is entitled to disclose any information or site content, including your content, in Blackstays.com's possession in connection with your use of the Services to (i) comply with applicable law, legal process or governmental request, (ii) enforce the terms of service, (iii) respond to any claims that your content violates the terms of service or any law or third party right, (iv) respond to your requests for customer services, or (v) protect the rights, property or personal safety of Blackstays.com, its users or the public, and law enforcement or other government officials, as SinergyK® ("Blackstays.com") in its sole discretion believes to be necessary or appropriate.

Ownership

SinergyK® ("Blackstays.com") owns the Blackstays.com content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user listings, and all other elements and components of the site excluding user content and third party content.

SinergyK® ("Blackstays.com") also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights (the IP Rights) associated with the Blackstays.com content and the site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the Blackstays.com content in whole or in part except as expressly authorized by Blackstays.com.

Final Price, Online and Onsite Payment

The Listing Final Price is calculated based on following details provided by the Host on his listing:

  1. Basic price for the stay of One person at the listing
  2. Number of additional persons and price per additional person, if applicable
  3. Cleaning fees, if applicable
  4. Deposit amount, if applicable

A percentage of the Final Price for the listing (Online Payment, set by Blackstays.com and may change from time to time) are deducted online from the Guest to cover Service Fees as well as a portion of the Host payment to complete the booking. This will be charged after the Host approves the Guest booking and the Guest pays.

The portion of the Online Payment due to the host (also called Pre Payment) will be sent directly to Host over the Online Payment option used (i.e. Paypal). If no Payment ID (i.e Paypal email address) is given, the default email id will be used as Payment ID

The remaining payment (Onsite Payment) is paid by the Guest to the Host at the Listing Address.

The exact payment and its breakdown will be displayed to Guests and Hosts at the time of booking. It will be communicated over email as well for reference.

Service Fee Payable by Guests and Hosts

We charge a service fee payable by Guests who book a property on the Site via the Site checkout as well as Hosts whose property is booked. This fee covers the use of the Site, including such features as user support, and is calculated as a variable percentage of the total reservation amount (which may or may not include additional fees, taxes and damage deposits, and which Blackstays.com may change from time to time). The exact service fee charged will be displayed to Guests and Hosts at the time of booking. The service fee will be charged after the Host approves the Guest booking and the Guest pays and will be communicated over email as well for reference. The service fee is non-refundable.

Deposit Policy

Blackstays.com offers every Host the option to request a deposit that would serve as warrant in case the Guest does damages on the listing. This deposit is safeguarded by as Blackstays.com a warranty, and Blackstays.com reserves itself the right to apply the deposit as follows:

  1. The deposit will be transferred appropriately within maximum 1 month after the Guest leaves the Host's listing
  2. If the Host claims any damage within that timespan and the arbitration through Blackstays.com leads to a reparation of the damage, Blackstays.com will apply the deposit amount fully or partially towards the damage and pay it to the Host. The remaining amount, if applicable, will be returned to the Guest.
  3. If there is no damage claim after that time span, Blackstays.com will totally refund the deposit to the Guest
  4. Online payment fees apply (see section Payment Method Requirements, Bank, Credit Card or Online Payment Fees.)

Cancellation Policy

Blackstays.com offers every Host three cancellation options that they can set together with their listing:

  1. Strict: 100 % Online Payment not refunded
  2. Moderate: 50 % online payment not refunded
  3. Flexible: 100% online payment refunded

The Cancellation options apply within a "Cancellation timespan" which is as well set by the Host and clearly indicated to the Guest at the time of Booking. Service fees are exempted from the Cancellation Fees.

With each Booking, the Guest fully accepts the Cancellation Policy of the Host.

Discounts and Reductions (%)

Blackstays.com may offer discounts from time to time in form of discount codes (% or fix amount). These discounts are applicable ONLY on the service fees that ChristianStays.comcharges. In case the user applies the code, the amount discounted will clearly appear in the pricing breakdown as well as in the invoice.

These discounts are made public either through our special announcement system on the homepage or through emails to our registered users.

As of listing price reductions, this remains the responsibility of any host on our system if they like to offer a reduction (% off). Blackstays.com gives them the ability to set a fix or a custom reduction (in %). For any host that uses that service, Blackstays.com applies a badge on the listing and pushes the listing back up for Guests to notice it. A host can anytime decide to revert the settings by editing his listings as he wishes.

Disputes; Arbitration

This "Disputes; Arbitration" section remains in effect on the date you last accepted the Terms controls.

Blackstays.com is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Site, any dealings with our customer experience agents, any services or products provided, any representations made by us, or our Privacy Policy ("Claims") by contacting Blackstays.com Customer Support at support@blackstays.com

If there is a dispute between participants on the Site, or between Users and any third parties, you understand and agree that Blackstays.com is under no obligation to become involved however when Blackstays.com chooses to get involved, our ruling on the dispute is final and binding.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

Responsibility for Listings and Guest Liability

We do not provide liability insurance protection for Hosts, property managers or Guests, regardless of whether a user obtains insurance coverage through a third-party provider. Hosts are solely responsible for obtaining insurance coverage sufficient to protect their listings and guests for their trip, as applicable. Hosts agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the properties they list on the Site before the arrival of their first traveller and will maintain adequate insurance coverage through the departure date of any Guest they have obtained via our Site. Further, Hosts and Guests agree to provide us with copies of relevant proof of coverage upon request.

Payment Method Requirements; Bank, Credit Card or Online Payment Fees

No Host may request any Guest to mail cash or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site may result in the immediate removal of the non-conforming listing from the Site without notice to the member and without refund. From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.

Transaction Currency is USD.

The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction.

User's bank or credit card companies may impose certain fees or charges, including, but not limited to, foreign transaction fees, related to any rental of a property. It is the user's obligation to review any agreement with its bank or credit card company concerning any such fees.

Online payments provided by third-party providers, and the applied fees, are subject to the terms and conditions and privacy policies of such providers.

Reviews, Blogs and Other User-contributed content

Blackstays.com has no duty to pre-screen content posted on the Site by Hosts, Guests or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, listings, reviews of listing or a guest, participation in a blog or any other content provided by a user to the Site), (collectively, "user-contributed content"). We are not responsible for user-contributed content. "User-contributed content" also includes information that a user or any other person provided to a third party website or mobile application that is then provided to our Site by a tool we offer or any other exchange of user-contributed content we have authorized.

Blackstays.com reserves the right, in Blackstays.com's sole discretion, to decline to permit the posting on the Site of or to remove from the Site any user-contributed content that fails to meet the content requirements as required in the listing set up, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our discretion. Blackstays.com may also remove user-contributed content if it is brought to Blackstays.com's attention, such as by notice given to Blackstays.com by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, have been apparently breached in respect of such content, as determined in Blackstays.com's discretion. Finally, Blackstays.com reserves the right, but do not assume the obligation, to edit a Host content or user-contributed content in a non-substantive manner solely to cause the content to comply with formatting or information requirements or to provide services to members to create or improve listings, in accordance with information we have about the listing. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.

At a minimum, user-contributed content must (as determined by us in our discretion):

  • not infringe anyone's rights, including but limited to copyright and rights of publicity and privacy, violate the law or otherwise be inappropriate;
  • not include personal information of another that can be used to identify or contact any person;
  • not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
  • be directly related to the Site, business service, product or forum where the content is submitted; not be obscene, abusive, discriminatory or illegal; or
  • not be false or misleading.

All other user-contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third-party website. Users are solely responsible for their user-contributed content and we specifically disclaim all liability for user-contributed content. The user represents and warrants that the user owns or otherwise controls and has all necessary legal rights to the user's submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user generated content without such proof or if such proof is, in our sole discretion, insufficient.

By submitting or authorizing user-contributed content, you grant to Blackstays.com and Blackstays.com's affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user-contributed content, in connection with our business or the business of our affiliates.

You further grant Blackstays.com and Blackstays.com's affiliates the ability to register copyright in and protect the user-contributed content, including the images, copy, and content available via any member's listing, from the unauthorized use of the user-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist us with protecting such copyrighted material from unauthorized redistribution.

You agree that Blackstays.com may sublicense all the rights granted to Blackstays.com under these Terms to one or more third parties we may contract with to display all or part of the member's property listing or otherwise provide promotional or other services related to our business. In the event that you retain any rights of attribution, integrity or any other moral rights in any user-contributed content, you hereby waive your right to assert these or to require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates.

Termination

Blackstays.com reserves the right (but is under no obligation) to terminate or suspend your account or your ability to use the site, in whole or in part, at Blackstays.com's sole discretion, for any or no reason, and without notice or liability of any kind. Termination of your account may include: (i) removal of access to all offerings within the services; (ii) deletion of your password and all related information, files and materials associated with or inside your account (or any part thereof), including your content; and (iii) barring of further use of the services. You agree that Blackstays.com shall not be liable to you or any third party for any termination of your account, or access to the site, services and materials, including your content. You specifically agree that each misuse of our system e.g. by using inappropriate words or by letting any content appear as a spam will lead to the suspension of your account.

You may terminate the terms of service at any time by closing your account, discontinuing your use of any and all parts of the site, or providing Blackstays.com with a notice of termination by emailing contact@blackstays.com

The Terms of Service will continue to apply until terminated by either you or Blackstays.com.