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Terms and Conditions

Latest update: 25 June 2020

1. GENERAL

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS. THESE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, DEFINING 1CLICK STAYS’S LIABILITY IN CERTAIN CASES, DETERMINING THE JURISDICTION AND AUTHORITIES ON MATTERS OF CONFLICT RESOLUTION, AS WELL AS THE APPLICABLE LEGISLATION TO 1CLICK STAYS SERVICES.

TERMS AND CONDITIONS APPLICABLE TO THE USERS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN THE USER AND 1CLICK STAYS. BY ACCESSING, READING OR USING THE MATERIALS OR SERVICES ACCESSIBLE ON OR VIA THE "WEBSITE" OR OTHER WEBPAGES OR APPLICATIONS, THE USER DECLARES THAT HE/SHE ACKNOWLEDGES AND ACCEPTS THESE “TERMS AND CONDITIONS" AS BEING EQUIVALENT TO A SIGNED LEGALLY BINDING AND WRITTEN DOCUMENT.

The use of any website owned by 1Click Stays, of the Contents, Application and/or the Services, confers the status of User and implies full and unreserved acceptance, by the User, of the applicable Terms and Conditions each time the User accesses the Contents or Application.

1Click Stays reserves the right to modify these Terms and Conditions at any time. Any changes made to these Terms and Conditions that may affect the rights of the User will be communicated on the Website, Application, or via email. We suggest that you frequently review these Terms and Conditions, so as to be aware of their scope and of any changes that have been made, as you are legally obliged by these conditions. By accessing the Websites or Application owned by 1Click Stays, following the publication of notice of such changes or updated versions, you agree to comply with the new terms. The User is aware that the access and use of the Website and/or the Contents is done under his/her sole and exclusive responsibility. Some services of the Website or the 1Click Stays Application may be subject to specific conditions that, where appropriate, replace, complete and/or modify these Terms and Conditions. The provision of the service at the request of the User, implies the express acceptance of the applicable specific terms and conditions.

1Click Stays reserves the right to restrict access or fully remove any User from its site for any reason whatsoever and without prior notice, moreover, in the event that it is suspected from the User to be in material breach of any term of these Terms and Conditions. This does not entitle the User to any compensation and 1Click Stays shall not incur in any financial penalty or loss because of it. Whether the User is Owner or Resident, the above restrictions can include, without limitation, cancelling bookings and/or reservation requests, unpublishing Accommodations listed and/or disabling the User's account(s) at any time. If a booking is cancelled by 1Click Stays according to this paragraph, neither Owner nor Resident, as parties to the present or future lease agreement shall be entitled to any kind of compensation whatsoever and none of the cancellation policies or guarantees included herein shall be applicable.

The access, registration, browsing, use, storage and/or downloading of materials and/or use of the services of any Website and/or Content of 1Click Stays by minors (under 18 years) is prohibited. The User, while accessing or using any Website and/or Content of 1Click Stays declares to be at least 18 years of age and to hold enough legal standing to execute a legally binding agreement acknowledging as well 1Click Stays’s right to retain any payment made in exchange for the provision of the Services, as a consequence of not complying with the present Terms and Conditions. In any case, it will be the users responsibility to verify that they hold the legal capacity to execute any agreement in conformity with the legislation where the Accommodation is located.

1Click Stays offers an Online Platform that connects Accommodation Owners or managers (hereinafter “Owner/s”) with Residents (as defined below), who wish to reserve such Accommodation for a lease for medium to long-term periods (hereinafter, jointly, Services). These Services can be found on  and other websites, applications for mobile and other devices, through which 1Click Stays offers its Services.

1Click Stays is not a touristic operator nor a platform whose main purpose is to act as an intermediary to offer touristic accommodation. The platform does not qualify in any case whatsoever as tourism promotion channel.

2. KEY TERMS

“1Click Stays” means 1Click Stays LTD, a company incorporated under the Laws of United Kingdom, with registered address at 2nd Floor 222 Palmers Green, London N13 5TU, United Kingdom and Registration number 19456343.

“1Click Stays Content” means all that which is provided by 1Click Stays via its Platform, Application and services, including any content authorised by a third party.

“Content” means text, graphics, images, music, software, audio, video, information and any other material published on the Platform or Application.

“Platform / Website” means any of the domains owned by 1Click Stays through which 1Click Stays allows the Users to use or browse the Online Platform.

”Application” means any Application owned by 1Click Stays available for mobile devices allowing Users to gain access to the services available through the Website.

“User” means any person who uses the Website or Application owned by 1Click Stays.

“Resident” means the person requesting a reservation for the Accommodation via the Platform, Application or services and/or who is residing at an Accommodation and who is not the Owner of the same Accommodation.

“Owner” means the person or entity that has entered into an Agreement with 1Click Stays to publish an Advertisement for the Accommodation on the Platform, in order that a Resident may make a reservation for the Accommodation via the Platform. Owners may be either individuals or legal entities, or any other entity that is the owner or manager to enter into a Lease Agreement for the Accommodation on their own behalf or for a third party for a lease for medium to long-term period. If the Owner is a legal entity, the individual making use of 1Click Stays services accepts this Terms and Conditions on behalf of the Owner and confirms the he/she holds enough legal standing to fulfil any obligations on its behalf.

“You” means the User, Resident or Owner (as appropriate).

“Advertisement” means the publishing of the Accommodation by the 1Click Stays staff, by Agreement between the 1Click Stays staff and the Owner, in order that it be made available for reservation on the Platform.

“Accommodation” means the residence, flat, house, lodging or room that the Owner publishes on the 1Click Stays Website, in order that the Resident may make an online reservation.

“Tenancy Agreement” means the Private Lease Agreement signed by the Owner (as the lessor) and by the Resident (as the lessee), to which  is not party.

“Move-in Date” means the date in which the Resident indicates, at the time of making the reservation, he/she will begin occupying the Accommodation.

“Move-out Date” means the date in which the Resident indicates, at the time of making the reservation, he/she will vacate the Accommodation.

“Reservation Fee” means that which is paid by the Resident to 1Click Stays when making a reservation for the Accommodation via the Platform or Application and after the reservation has been confirmed by the Owner. (See section on Fees; please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”)

“First Payment” means that which is transferred by the Resident when making a reservation for the Accommodation via the Platform or Application and after the reservation has been confirmed by the Owner. (See section on Fees; please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”)

Note: The "First Payment" corresponds to one (1) month's rent for all cities in 1Click Stays except London where the initial payment will be equivalent to one (1) week's rent calculated on the basis of the amount of annualized rent payable divided by 52.

“Service Fee” means a percentage of the Total Contract Value that 1Click Stays will charge the Owner for the provided services. (See section on Fees)

“Reservation Request” means that made by the Resident to make a reservation for the Accommodation. This is done when clicking on the “Book Now" button and after completing the reservation form. Both the Reservation Request and the form are processed via email, along with all the requested information, by the Owner receiving them. Also, the Reservation Request contains the Move-in Date, the Move-out Date and the amount for the First Payment.

“Tax” or “Taxes” means the Value Added Tax (VAT) and any other applicable municipal, autonomous community or state tax.

3. USE OF THE PLATFORM, APPLICATION AND SERVICE

The Platform and Application are used by the Residents to make a reservation for Accommodation arrangements that are for medium to long-term periods. Accommodation is published on the Platform or Application by the 1Click Stays staff upon the request and approval of the Owners, through the use of the technology required for this purpose. 1Click Stays IS NOT AN OWNER AND 1Click Stays DOES NOT POSSESS, SELL, RESELL, THE PROPERTIES IN ANY MANNER WHATSOEVER.

4. ACCOMMODATION LISTING

Note: Please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”.

All Advertisements on the Platform, Application and services are prepared and verified by 1Click Stays.

Owner will make an appointment with the 1Click Stays staff to take photos and to verify the main features of the Accommodation. The Owner agrees that the 1Click Stays staff may access the Accommodation for the purpose of taking photos, drawing floor plans, taking videos or any other advertising material that 1Click Stays requires.

Floor plans published in an Advertisement are suggestive and serve as an explanatory feature. There is no guarantee that the dimensions depicted on the floor plans are accurate. 1Click Stays will not be responsible in any manner for any inaccuracies found on the floor plans.

The Owner undertakes to provide all the necessary information requested by 1Click Stays, which includes, but not limited to, the Accommodation’s location, capacity, size, features and availability, including the price and all that pertaining to the payment terms.

Any modification in the monthly lease of the Accommodation, as well as any information related to the payment terms published in the Advertisement, shall always be determined at the Owner’s sole discretion. Any request to modify or amend the Advertisement shall be requested by the Owner to 1Click Stays, who shall made them effective within a maximum of seven (7) business days since the request was made.

Furthermore, the Owner declares and accepts that all the information provided to 1Click Stays is true, correct and updated, pledging to inform 1Click Stays of any changes without undue delay. In relation to the above, the Owner shall provide without undue delay any kind of document requested by 1Click Stays for the purpose of verifying ownership of the Accommodation or compliance with any other legal or contractual requirements.

Advertisements are prepared by a qualified and professional 1Click Stays staff member and at no time by the Owner.

The Advertisements and audio-visual material are created free of charge for the Owner. The Owner will grant his/her authorisation to approve the publication for the advertisement and will accept these Terms and Conditions. Once the Advertisement is created, the Owner will have three (3) calendar days since communication by 1Click Stays to duly notify any disagreement with its content. Otherwise, after that time, it is understood that the Owner agrees with the content of the Advertisement created and therefore accepts 1Click Stays’s Terms and Conditions. The Owner acknowledges and accepts that once the Resident makes a reservation for the Accommodation, the price of this reservation cannot be amended.

1Click Stays reserves the right to discretionary evaluate the Advertisement of Accommodations and the acceptance of Reservations if there is a minor living in the property. If the Owner does not expressly reveal this fact, he/she acknowledges 1Click Stays’s right to retain or claim any payment made in exchange for the provision of the Services, as an indemnity for breach of these Terms and Conditions.

1Click Stays guarantees the features of the Accommodation at the date in which they were verified by 1Click Stays. Residents acknowledge and accept that the Accommodation that they make a reservation for had been verified on a date that was before and not the same as the date of the reservation and that the features of the Accommodation may differ from the conditions verified by 1Click Stays at a time before the reservation. Nevertheless, the Owner shall maintain the Accommodation in a similar condition to that depicted in the advertisement. If the event that the conditions of the Accommodation differ significantly from those of the advertisement, 1Click Stays reserves the right to withdraw the Advertisement for such Accommodation from the Platform, Application or services, notwithstanding the capacity to retain or claim from the Owner any payment made in exchange for the provision of the Services, as an indemnity for breach of these Terms and Conditions.

In the event of any discrepancies existing between the content of the Advertisement and 1Click Stays’s Terms and Conditions, the latter shall prevail. 1Click Stays reserves the right to deny the publication of an Advertisement which, at its sole discretion, breaches or does not comply with these Terms and Conditions or any legislation in place.

1Click Stays shall be entitled to refuse registration on the Platform to any User, Owner or Resident, at its discretion and without prior notice.

1Click Stays WILL REMAIN THE OWNER OF ALL COPYRIGHTS OR ANY OTHER INTELLECTUAL PROPERTY FOR THE AUDIOVISUAL AND ADVERTISING MATERIAL AND ONLY 1Click Stays HOLDS THE RIGHTS FOR ITS USE. IN THE EVENT THAT THE OWNER, OR A THIRD PARTY, USES SUCH MATERIAL OWNED BY 1Click Stays WITHOUT HAVING WRITTEN CONSENT TO DO SO, 1Click Stays RESERVES THE RIGHT TO DEMAND THE CESSATION OF THE USE OF SUCH MATERIAL AS WELL AS TO ADDITIONALLY CLAIM THE CORRESPONDING DAMAGES AND/OR INDEMNITY AS A RESULT OF NON-COMPLIANCE WITH THIS CLAUSE.

In the event that the Owner provides any audio-visual material of the Accommodation, he/she authorizes 1Click Stays to publish it on the Advertisement and expressly accepts the temporary assignment of its copyright or any other existing intellectual property rights over the audiovisual and advertising material generated for the publication of the Advertisement and guarantees that they do not contravene any third-party intellectual property rights, in accordance with the provisions of this clause.

The audio-visual material provided shall be exclusively of the Accommodation and shall not contain any references to personal data nor will there be any people in it. 1Click Stays reserves the right to remove said material at any time from the Advertisement without prior notice to the Owner. The Owner is entitled to request at any time the removal and/or deletion of the provided pictures through written communication to 1Click Stays, who shall then remove and/or delete them from the website owned by 1Click Stays. 1Click Stays shall not be liable for the removal of the pictures in any other third-party websites or platforms.

In any case, the Owner expressly accepts and authorizes 1Click Stays to publish the Advertisement of the Accommodation in every website of 1Click Stays Group. Likewise, the Owner authorizes 1Click Stays, with the purpose of obtaining the maximum spread of the Advertisement, to its publication in third-party websites external to 1Click Stays Group.

Where required by the applicable regulations in the place where the Accommodation is located, the Owner shall obtain a registration number assigned to the Accommodation, according to the conditions and requirements imposed by the regulation in force at any time. The registration number for the Accommodation, where appropriate, shall be published in the Advertisement and/or provided to the relevant authority that requires it, as well as any other authorization, permit or documents legally required.

The Owner shall maintain the legally required conditions of the Accommodation in order to keep the registration number updated and in force, as well as any other permit, authorization or legal requirement. 1Click Stays shall not be liable for any claim arising from the breach of the foregoing and is entitled to claim from the Owner for any damage arising, directly or indirectly, as a consequence of the inaccuracy or incorrectness of the registration number of the Accommodation or the lack of any other regulatory requirement. The Owner undertakes to notify 1Click Stays without undue delay of any change that affects his or her ability to offer the Accommodation for rent.

In the event the Accommodation offered the the Platform is being subleased, the Owner or sublessor, in accordance with the definitions of these Terms and Conditions, guarantees that he/she has the necessary permits and authorisations to sublease the Accommodation, in conformity with the applicable regulations, exonerating 1Click Stays from any liability for non-compliance of any legal requirements.

5. RESERVATION PROCEDURE

Note: Please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”.

The Resident, when deciding the Accommodation that he/she desires to make a reservation for, shall provide the information requested by 1Click Stays via 1Click Stays’s Platform or Application, and 1Click Stays will provide detailed information about the Fees (see section on Fees), where the Resident authorises such to be retained by 1Click Stays, in the event that the reservation is accepted by the Owner, through the payment methods available on the Platform or Application.

Once this information is complete, the Resident will receive an automatically generated email with a summary of the reservation and its corresponding reference number. Following this, 1Click Stays will then send a reservation request to the Owner, who will have 24 working hours to either accept or reject the reservation. In the event that, after 24 working hours, 1Click Stays has not received a response from the Owner, 1Click Stays will deem that the reservation request has been rejected.

When making a Reservation Request via the Platform, Application or Services, we will provide the Owner with the following:

  • a) Information on the Resident: age, nationality, company, university, profession, education and any other information that the Owner specifically requests.

  • b) A link to the 1Click Stays webpage where the Accommodation is published.

In the event that the Owner accepts the reservation requested by the Resident, 1Click Stays will retain the First Payment and the Reservation Fee, along with the corresponding Value Added Tax (VAT), and forward an email to both the Owner and the Resident confirming the reservation and put both the Parties in contact with each another. From this moment, the Owner will be responsible for providing all the necessary information for the Resident to access the Accommodation. (See Move-in Policy)

The Owner acknowledges that he/she is solely responsible for any Advertisement he/she approves for publication and that he/she has the full right to make available and authorise the reservation of the advertised property.

Furthermore, the Owner will ensure that after accepting a reservation, the Owner will:

  • a) not infringe on any Agreement entered into with a third party and

  • b) undertake (i) to be compliant with all laws, tax requirements and any other rule or regulation applicable to any Accommodation published in an Advertisement and (ii) to avoid any dispute arising on the basis of third-party rights.

1Click Stays will not assume any liability for any breach, by the Owner, of the applicable laws, rules or regulations. 1Click Stays reserves the right, at any time and without prior notice, to remove the publication or to disable access to any Advertisement, for any reason and at its own discretion, including any Advertisement that 1Click Stays deems to be challengeable before the courts law for any reason.

1Click Stays shall provide the Owner with certain information on the Resident intending to make the reservation and who has provided and authorised the information for this purpose. Both the Owner and the Resident acknowledge and accept that they are responsible for their own actions and any non-disclosure of information in this regard.

While using the Platform, Application or services, you agree that any legal action or claim arising as a consequence of the acts or omissions of the Owner, Residents or third parties resulting in injury will be filed exclusively against the party in question, and you agree to hold 1Click Stays harmless against any action Legal or claim with respect to such omissions.

1Click Stays advises that Owners take out the appropriate insurance for their Accommodation.

1Click Stays will not be responsible for the removal or theft of any object found inside or outside the leased Accommodation.

1Click Stays is a Platform used to make online Reservations for Accommodation and, accordingly, it does not provide any inspection service for the Accommodation, nor does it have a copy of the keys for the Accommodation.

1Click Stays provides this service at no cost to its users. The template agreements have aim at incorporating industry’s best practices.

1Click Stays’s relationship to these agreements is that of a trusted, disinterested third party.

1Click Stays disclaims any representations of any kind regarding the agreements. It is the Tenant and Lister responsibility to assess all associated risks with these agreements.

6. FEES

Note: Please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”.

The minimum reservation period made via the Platform or Application is for one month (30 days), where the Owner may specify a longer minimum period.

When the Resident makes a reservation that has been confirmed by the Owner, he/she will make a transfer to 1Click Stays for the First Payment and the corresponding Reservation Fee plus Value Added Tax (VAT), via the payment methods available on the Platform or Application.

The “Reservation Fee” is a percentage of the Total Contract Value plus the Value Added Tax (VAT) charged by 1Click Stays to the Resident for the provided services.

The “Total Contract Value” is the total price of the reservation for the rental property, which will vary according to the total duration and set price for each day for its duration.

The “Service Fee” is a percentage of the Total Contract Value that 1Click Stays will charge the Owner for the provided services. The Service Fee and its corresponding Value Added Tax (VAT) will be deducted from the First Payment.

1Click Stays will only transfer the First Payment, minus the Service Fee and Value Added Tax (VAT), to the Owner 48 hours after the Move-in Date (that which is indicated on the reservation), provided that the Resident has not informed 1Click Stays of any Significant Deficiency (see Section 7. MOVE-IN POLICY)

In any event, the Owner will be the one to determine, at his/her own discretion, the price of the Accommodation.

Discount Codes

Discount or promotional codes will take effect only if they are used at the time of making the Reservation Request or before the reservation is confirmed by the Owner, under no circumstances will the discount be applicable at a later time.

7. MOVE-IN POLICY

Note: Please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”.

After the Owner has approved the reservation and 1Click Stays has sent confirmation of the reservation to both the Resident and the Owner, including the contact information for both parties, it will be the Owner's responsibility to provide any further instructions to the Resident with regards to moving into the Accommodation.

The Owner will ensure that the Accommodation reserved by the Resident is found in the expected and proper living conditions and that the features published in the Accommodation Advertisement remain the same, as well as the pricing terms

Applicable policy for when a Resident moves into the Accommodation.

The Resident, within 24 hours after the Move-in Date, may inform 1Click Stays of all Significant Deficiencies for the Accommodation, as well as to report on the inaccuracy of the Accommodation with regards to the features indicated in the Advertisement, by sending an email to us and stating the reservation number, while putting the Owner in copy and attaching the necessarily visual evidences (photos and/or videos) of the Essential Deficiencies. Once the email has been received by the 1Click Stays staff, at its own discretion, the circumstances will be verified and assessed.

Significant Deficiency is defined as a circumstance entailing non-liveable conditions, a health risk and/or substantial modifications that differ from the description in the Advertisement.

In the event that the 1Click Stays staff deems that there is a significant deficiency, the Owner will be given a period of 36 hours to commence actions to resolve such deficiencies, which shall be settled within a reasonable timeframe.

In the event that the Owner does not resolve the deficiencies within a reasonable timeframe, he/she will be in breach of these Terms and Conditions, which will entitle the Resident to cancel his/her reservation, which will mean that the Owner will adhere to the Cancellation Policy for Owners (See Cancellation Policy for Owners) and 1Click Stays will provide the Resident, at its own discretion, one of the following solutions:

  • 1Click Stays staff will be responsible for looking for an Accommodation with similar features, where the Resident may accept or reject the Accommodation. This possibility will depend on whether 1Click Stays can provide Accommodation with similar features. In the event the substitute Accommodation offered by 1Click Stays is less than the price of the previous reservation, 1Click Stays will pay the Resident the difference between the new price and the price of the reservation.

  • 1Click Stays staff will refund the Reservation Fee plus the corresponding Value Added Tax (VAT) plus the First Payment to the Resident.

In the event that the 1Click Stays staff considers that there is no Significant Deficiency and the Resident cancels the reservation on the basis of unfounded reasons (at 1Click Stays's discretion), the Resident will forfeit his/her Reservation Fee plus the corresponding Value Added Tax (VAT) and the First Payment, where the First Payment will be fully transferred to the Owner.

1Click Stays will only transfer the First Payment, minus the Service Fee and Value Added Tax (VAT), to the Owner 48 hours after the Move-in Date (that which is indicated on the reservation), provided that the Resident has not informed 1Click Stays of any Significant Deficiency.

Lease Agreement signed between the Resident and the Owner.

1Click Stays is not party to any Lease Agreement. This Agreement will be signed only by the Resident and the Owner and, accordingly, 1Click Stays will be held harmless of all legal matters, nor will it be held liable in the event of any dispute, disagreement or claim. Any situation resulting from the aforementioned Lease Agreement shall be settled between the Resident and the Owner. Furthermore, 1Click Stays will not be party to any negotiation regarding a bond or security deposit, required by the Owner and made by the Resident, under the Lease Agreement or in any other type of Agreement, nor will it act an intermediary for any dispute arising as a result of a bond or security deposit.

1Click Stays advices that both the Resident and the Owner thoroughly read the tenancy Agreement, or any other Agreement entered into, as it will be the instrument governing the relationship between both.

8. LEGAL NOTICE REGARDING THE CANCELLATION POLICY

Note: Please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”.

Article 16 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 lays down the Exceptions from the right of withdrawal “Member States shall not provide for the right of withdrawal set out in Articles 9 to 15 in respect of distance and off-premises Contracts as regards the following: a) (a) | Service Agreements after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the Contract has been fully performed by the trader.”

1Click Stays’s services are deemed to be fully rendered:

  • a) When the Resident has made a Reservation Request and when the Owner has approved such Reservation Request.

  • b) When the Owner has approved the Reservation Request made by the Resident.

ACCORDINGLY, THE USER UNDERSTANDS, ACCEPTS AND ACKNOWLEDGES THAT ONCE THE SERVICES HAVE BEEN FULLY RENDERED (AS DESCRIBED ABOVE) BY 1Click Stays, HE/SHE WILL HAVE LOST HIS/HER RIGHT OF WITHDRAWAL.

9. CANCELLATION POLICY FOR OWNERS

Note: Please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”.

Reservations impacted by changes in travel plans: 

*a) In the event that the Owner cancels the reservation after accepting the Booking Request and before the Move-in Date:

  • 1Click Stays shall charge the relevant service fee to the Owner.

  • Regarding the Resident, 1Click Stays shall refund the 1st payment to Resident in full and in no case it will be transferred to Owner. Likewise, 1Click Stays shall refund the Reservation Fee to Resident in full

*b) In the event that the Owner cancels the reservation within the first 48 hours after the Move-in Date:

  • 1Click Stays will charge the relevant service fee to the Owner. Additionally, Owner shall pay a penalty of 300 euros to cover emergency housing of the displaced Resident.

  • Regarding the Resident, 1Click Stays shall refund the 1st payment to Resident in full and in no case it will be transferred to Owner. Likewise, 1Click Stays shall refund the Reservation Fee to Resident in full

Regarding the present cancelation policies, the only applicable exceptions will be those ones based on Force Majeure (Clause 20)

1Click Stays reserves the right to claim for any of the foregoing amounts in the event of it being necessary to apply any of the aforementioned penalties, where the Owner acknowledges and agrees that 1Click Stays will send a request for payment and that he/she will be obliged to pay such amounts to 1Click Stays.

Likewise, for the avoidance of doubt, the Service fee shall not be refunded, in full or in part, in the event that the Resident moves out of the property before the agreed end of tenancy.

10. CANCELLATION POLICY FOR RESIDENTS

Note: Depending on the date on which you made your Reservation Request, a different Cancellation Policy might apply for a Resident. Please read below for more information.

As a general rule applicable to all reservations made through the Platform, if the Resident cancels the Reservation Request before its acceptance by the Owner, no amount shall be charged by 1Click Stays as penalty.

As specified in Clause 5. Reservation Procedure, when the Resident has sent a Reservation Request and it has been accepted by the Owner, 1Click Stays shall charge from the Resident the amount corresponding to the Reservation Fee plus the relevant Value Added Tax (VAT), along with the First Payment.

Once the reservation is confirmed by the Owner, any cancellation request by the Resident shall activate 1Click Stays Cancellation Policy for Residents, which shall be applied by 1Click Stays as penalty for breach of the present Terms and Conditions.

Reservations impacted by changes in travel plans:

RESERVATION REQUESTS SENT AFTER JANUARY 15TH, 2020:

  • The following Cancellation Policy applies to Reservation Requests made for Accommodations in London after January 15th, 2020:

If the Resident cancels the reservation:

a) Sixty-one (61) days or more before Move-In Date:

* You’ll get 100% of the amount you paid in advance.

b) Between thirty-one (31) and sixty (60) days before Move-In Date:

* You’ll get 100% of the amount you paid in advance.

c) Thirty (30) days or less before Move-In Date:

* You’ll get 100% of the amount you paid in advance.

d) Within the first forty-eight (48) hours after the Move-in Date:

* You’ll get 100% of the amount you paid in advance.

When the Resident intends to cancel or modify a reservation.

In the event that a Resident has notified, through any means, 1Click Stays his/her intention to cancel or modify a reservation, 1Click Stays staff, will send an email granting a 24 hour period to confirm the intention to cancel or modify the reservation. In the event that the Resident does not reply to the email within the aforementioned period, it will be deemed that he/she has cancelled the reservation and the aforementioned Cancellation Policies will apply.

Applicable policy for a Resident who has requested a reservation and has not yet been able to pay for the reservation.

In the event that 1Click Stays has charged the Resident for the reservation and that, for any reason, it is not possible to withhold the full amount to cover the reservation for the Accommodation, for reasons beyond the control of 1Click Stays, a payment request will be sent to the Resident to settle the remaining amount within the following 24 hours and should the Resident not settle this payment in full, 1Click Stays will charge an amount equivalent to the Reservation Fee plus Value Added Tax (VAT) and will proceed to cancel the reservation for the Accommodation, where, under no circumstance, will the Resident receive a refund for this charge, nor will the Owner be transferred any amount.

Aside from the foregoing charge, the following charges will also apply to the Resident:

  • a) In the event that the payment has not been made in full within 31 days prior to the Move-in Date for the Accommodation, only the amount equivalent to the Reservation Fee plus Value Added Tax will be charged.

  • b) In the event that the payment has not been made in full between 4 and 30 days prior to the Move-in Date for the Accommodation, an amount equivalent to 50% of the First Payment will be charged.

  • c) In the event that the payment has not been made in full 3 days prior to the Move-in Date for the Accommodation, an amount equivalent to the First Payment will be charged.

1Click Stays reserves the right to claim any of the foregoing amounts in the event that it has not withheld the payment, where the Resident acknowledges and agrees that 1Click Stays will send a request for payment and that he/she will be obliged to settle such amounts with 1Click Stays.

11. APPLICABLE LOCAL REGULATIONS

Note: In the event of conflict between the present Clause 11 “Applicable Local Regulations” and any other clause of the present Terms and Conditions, the provisions contained herein (Clause 11) shall prevail.

The First Payment will be considered as “Holding Deposit “ according to the applicable regulation.

Owners -

The Owner acknowledges that it is the Owner’s legal responsibility to ensure that the Resident is legally allowed to rent and/or occupy the property, whether the Owner’s name appears in the Lease Agreement or not.

The Owner shall verify and retain the necessary documents legally granting the Resident the right to rent in the United Kingdom. In the event that the Resident is not permitted to rent in the United Kingdom, the Owner may be fined by the public authorities for approving the tenancy.

As an Owner, you agree and warrant that you comply with the below conditions when listing a property on the Platform and that you are legally entitled to offer the property for rental and will not incur in any breach of any applicable law, agreement or contract when you list your property (this includes the terms of contract with third parties regarding the property such as mortgage on the property, insurance, fire regulations, gas and electrical safety).

As an Owner, you agree and warrant that:

  • you will obtain the necessary consents from third parties should you require any consent in advance to offer the property for rental.
  • you will comply with any licensing requirements at all times when advertising on the Platform such as House in Multiple Occupation licence or any other specific regional requirements.
  • the property you advertise on 1Click Stays complies with the Health and Safety requirements and appropriate insurance, where applicable.
  • you are entitled to post photos, video, and other information regarding which you have lawful authority.
  • everything you provide with the property is safe and in working order.

As an Owner, you are fully responsible for ensuring that the property meets the legal requirements under any relevant legislation, including but not limited to the requirements outlined in this section.

As an Owner, you acknowledge and accept (i) the legal limitations in relation to the Holding Deposit and the tenancy deposit and (ii) your legal duty to protect any tenancy deposit under the relevant protection scheme and to provide, at the Resident's request, information about it.

As an Owner, you acknowledge that it is your responsibility to ensure that you comply with all applicable regulations.

Residents -

Reservation Fee does not apply to the United Kingdom market according to the applicable regulation.

As a Resident, you expressly accept and agree to the following:

  1. 1Click Stays holds your Holding Deposit for up to 2 working days following your move-in date;
  2. 1Click Stays will transfer your Holding Deposit within 2 working days upon your move-in date to the Owner directly, from which 1Click Stays will deduct the Landlord's Service fee;
  3. The Owner must deduct your Holding Deposit in full from the subsequent payment you owe to the Owner as part of your tenancy agreement.

Default Cancellation policy shall apply for United Kingdom.

Transparency and Consumers' protection -

1Click Stays is committed to provide a professional service to all our users. Do help us get better. Get in touch with our team to provide feedback. This will help us improve our service. Please contact us at info@lorenzocogliati.com

1Click Stays is a member of:

  • Client Money Protect - https://www.clientmoneyprotect.co.uk/
  • The Property Redress Scheme - https://www.theprs.co.uk/

Both are accredited providers under the relevant schemes and legislation.

Liability -

The Owner and the Resident acknowledge that in no case 1Click Stays will be held liable for any breach by them of the applicable regulation and/or the terms and conditions enclosed and/or in relation to the tenancy of which 1Click Stays is not party to, unless explicitly stated herein.

The Owner and the Resident acknowledge that it is their responsibility to know, at any time, any legal obligations applicable to them. In the event of any conflict between these Terms & Conditions and the Local Laws, the Law shall prevail.

12. RENT PAYMENTS

After the Tenancy Agreement, or any other Agreement entered into between the Resident and the Owner, has been signed, it is the sole responsibility of the Owner to collect rent payments from the Resident. 1Click Stays shall not be held liable, in any manner, for the collection of rent payments or for any outstanding payment that may arise.

13. RELEASE FROM LIABILITY

After 48 hours have elapsed following the Resident’s Move-in Date for the Accommodation and where 1Click Stays has transferred the First Payment to the Owner, all legal and any other type of relationship between 1Click Stays and the Resident and between 1Click Stays and the Owner shall expire with regards to the reservation. 1Click Stays shall not be held liable, for any reason, for any event arising from the subsequent relationship between the Owner and the Resident.

14. INVOICING

Once the reservation has been finalised, the corresponding simplified invoice will be sent to both the Owner and the Resident and, in the event should it be requested, a detailed invoice will be sent with a breakdown of the corresponding Value Added Tax (VAT) or any other applicable tax, depending on the country or place of the transaction.

15. DAMAGE TO THE ACCOMMODATION

The Resident is responsible for maintaining the Accommodation in the same condition when he/she arrived at the Accommodation. The Resident and the Owner acknowledge and accept that they are responsible for their own acts or omissions, as well as those of anyone who has been invited or granted access to the Accommodation. 1Click Stays will not be held liable, for any event, where damage have been caused to the Accommodation, where such liability shall be resolved between Owner and Resident.

16. TERMINATION AND CLOSING OF 1Click Stays ACCOUNTS

1Click Stays, at its sole discretion and without the need to substantiate the reasons, may restrict access to the Website, disable or cancel Advertisements, all without it being held liable and without the obligation to provide prior notice.

Owners may request that 1Click Stays remove their own Advertisement for their Accommodation from the Platform, by writing to us. Please note that if the Advertisements are removed, 1Click Stays is not obliged to transfer the content of the Advertisements to any Owner.

17. HOW REVIEWS WORK

Once their stay at the property has ended, residents will receive a message from 1Click Stays inviting them to fill out a review that will be published on our platform. The landlords, in turn, will be able to respond to said reviews.

18. PRIVACY POLICY

All details in Privacy Policy section.

19. APPLICABLE LEGISLATION AND CONFLICT RESOLUTION

These Terms and Conditions shall be interpreted in accordance with United Kingdom law.

Any dispute arising from this Agreement will be resolved by arbitration, being final and binding, and administered by the United Kingdom Court of Arbitration, in accordance with its Regulations and Rules, which is entrusted with administering the arbitration procedures and the appointment of the arbitrator or arbitrators. The seat of arbitration will be London.


1Click Stays GUARANTEE

Under certain circumstances 1Click Stays (the Company) will provide Guarantee to users without any need for the user to opt-in or select the coverage in any way.

1Click Stays RESERVES THE RIGHT TO WITHDRAW OR MODIFY THIS POLICY AT ANY TIME. We recommend you carefully read these Terms and Conditions regularly to inform yourself of any modifications.

The Guarantee is an additional service that 1Click Stays offers users and which will only be applied when the company deems it appropriate and provided that all the conditions in the relevant section have been met.

Guarantee for Owners

A) Damages

In the event that the Resident causes damages to the accommodation either deliberately or through negligence during their stay, provided that the damage is not due to ordinary wear and tear and that the repair costs exceed the amount of the deposit paid by the Resident, 1Click Stays will provide coverage up the the value of 500 Euros at the company's discretion provided that the following requirements are met:

  1. The Owner must contact 1Click Stays within seven calendar days from the date the damage was caused.

  2. Within five calendar days after notifying 1Click Stays of the damages, the Owner must send the required documentation to prove the damages along with a quote or receipts to carry out the repair. The required documentation is as follows:

  • a) Photos of the damage caused by the Resident.
  • b) Copy of the rental contract.
  • c) Copy of the deposit receipt.

1Click Stays will always contact the Resident and any relevant third parties necessary to verify the information submitted by the Owner.

The Guarantee will exclusively cover the damaged area or object and not the labour costs, cosmetic damage, transportation or taxes (VAT). The following items are excluded from the Guarantee: art, jewelry, money or personal objects such as computers, tablets, wallets or clothes.

B) Early Exit by the Resident

In the event that the Resident vacates the accommodation before the established departure date without prior written consent of the Owner and without paying the outstanding amount to the Owner, 1Click Stays will have 30 days to find a new Resident.

In the event that 1Click Stays does not find a new Resident, 1Click Stays will pay the Owner the amount corresponding to the first 30 days from the date the Resident vacated the accommodation without making the due payments.

In the event that 1Click Stays finds a new Resident, the company will pay the Owner the amount corresponding to the days the accommodation was vacant and unpaid.

All of the above mentioned policies will only be applied providing that the following conditions have been met and the assessment will be made at the discretion of 1Click Stays:

  1. The Owner must contact 1Click Stays within seven calendar days from the date the Resident vacates the accommodation without making the final payment prior to the established departure date.

  2. The Owner must accept the new Resident provided by 1Click Stays.

  3. The Resident has in fact vacated the accommodation and that the accommodation is available and advertised on the 1Click Stays site to be reserved by another Resident.

  4. The Guarantee will not be applied in the case that the Owner advertises or offers the accommodation for rent on any other platform, classified or any other means.

  5. Within five calendar days after notifying 1Click Stays of the early departure of the Resident, the Owner must send the required documentation to prove the case. The required documentation is as follows:

  • a) Confirmation of the date the Resident vacated the accommodation prior to the established departure date, resulting in non-payment.
  • b) Copy of the rental contract.
  • c) Copy of the deposit receipt and, if mandatory, copy attesting the security deposit is protected by the relevant body or authority.

The Guarantee will exclusively be applied in the case that the deposit from the Resident to the Owner was insufficient to cover the amount corresponding to the price of the first 30 days rent from the date that the Resident vacates the accommodation with non-payment.

In the event of a Force Majeure case like the ones mentioned in these Terms and Conditions, all 1Click Stays Guarantees shall be deemed suspended. As a landlord, you won't be entitled to any payments under the Guaranteed Events if these are a direct consequence of a Force Majeure circumstance.  

C) Waiving of the Cancellation Policy for Owners in the case of Force Majeure

In the event that the Owner cancels a reservation due to Force Majeure, 1Click Stays will waive the Cancellation Policy for Owners, providing that sufficient documentation has been submitted and the assessment will be made at the discretion of 1Click Stays.

Guarantee applicable to residents

A) Waiving of the Cancellation Policy for residents in the case of Force Majeure

In the event that the Resident cancels their reservation due to Force Majeure, 1Click Stays will waive the Cancellation Policy for residents and will reimburse the amount paid by the Resident to 1Click Stays, providing that sufficient documentation has been submitted and the assessment will be made at the sole discretion of 1Click Stays.

B) Cancellation of the reservation by the Owner within 48 hours following the arrival date

In the event that the Owner cancels the reservation within 48 hours following the arrival date in the accommodation, 1Click Stays will pay the Resident up to 300 Euros for accommodation at the company's discretion provided that the following requirements are met:

1) 1Click Stays has received the accommodation invoice.

2) The accommodation is in the same city where the Resident held the booking.

Reasons for force majeure

  1. Serious injury, illness or death of the user, a first degree relative or, the minor or handicapped person where the Resident is the legal guardian.
  2. Serious damage to the accommodation.
  3. Any other cases that arise suddenly and unexpectedly, considered as circumstances out of any of the party’s control. Included in this category are all those situations that, under the conditions set out in this clause, prevent the Owner from offering the Accommodation for rent and/or the Resident from arriving at the reserved Accommodation on the scheduled check-in date.

    As an example, these circumstances may include, without limitation, natural disasters, terrorism, security threats at the location of the Accommodation, epidemics and/or outbreaks of a disease, travel restrictions as a result of any of the abovementioned circumstances, among others, the extent of which affects the Owner and/or the Resident as set out in the paragraph below.

    Any of these circumstances shall specifically and individually be assessed by 1Click Stays’s Agents. In the event that either Owner and/or Resident falls under any of these situations, 1Click Stays reserves the right (i) to request from the affected parties any relevant documentation as deemed necessary on a case by case basis by the 1Click Stays team and/or (ii) where appropriate, to directly authorize the cancellation of the reservation by the affected party without penalty.

    Any decision regarding the situations included herein shall always be based on official communications from the relevant authorities provided at any given time.

Note on coronavirus (COVID-19) outbreak: If you are an Owner or a Resident impacted by the coronavirus outbreak you can reschedule your Reservation without any additional cost. Please contact us for more details.