Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Wonstay Platform, you agree to comply with and be bound by these Terms of Service.
Last Updated: October 14, 2019
Wonstay is a platform developed and operated by Global Technology and Management Services Pte.Ltd. (Global Tech) - a company was incorporated in Singapore, with a registered business license number is 201835717Z. When these Terms mention “Wonstay,” “Global Tech” “We,” “Us,” or “Our,” it refers to Global Technology and Management Services Pte.Ltd.
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Wonstay (as defined below) governing your access to and use of the Wonstay website, including any subdomains thereof, and any other websites through which Wonstay makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Wonstay Services"). The Site, Application and Wonstay Services together are hereinafter collectively referred to as the “Wonstay Platform”. Our Cancellation Policy and other Policies applicable to your use of the Wonstay Platform are incorporated by reference into this Agreement.
1. Scope of Wonstay Services
1.1 The Wonstay Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Wonstay Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use ("Homes or Accommodations"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations and a variety of other travel and non-travel related services.
1.2 As the provider of the Wonstay Platform, Wonstay does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Wonstay an organizer or retailer of travel packages. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Wonstay is not and does not become a party to or other participants in any contractual relationship between Members, nor is Wonstay a real estate broker or insurer.
1.3 While we may help facilitate the resolution of disputes, Wonstay has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party.
1.4 If you choose to use the Wonstay Platform as a Host (as defined below), your relationship with Wonstay is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Wonstay for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Wonstay. Wonstay does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion on whether to list Host Services or otherwise engage in other business or employment activities.
1.5 To promote the Wonstay Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Wonstay cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Wonstay Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Wonstay Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Wonstay is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Wonstay of such Third-Party Services.
1.7 Due to the nature of the Internet, Wonstay cannot guarantee the continuous and uninterrupted availability and accessibility of the Wonstay Platform. Wonstay may restrict the availability of the Wonstay Platform or certain areas or features thereof if this is necessary for a view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Wonstay Platform. Wonstay may improve, enhance and modify the Wonstay Platform and introduce new Wonstay Services from time to time.
2. Eligibility, Using the Wonstay Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Wonstay Platform or register a Wonstay Account. By accessing or using the Wonstay Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 Wonstay may make access to and use of the Wonstay Platform, or certain areas or features of the Wonstay Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
3. Modification of these Terms
Wonstay reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
4. Account Registration
4.1 You must register an account ("Wonstay Account") to access and use certain features of the Wonstay Platform, such as publishing or booking a Listing. If you are registering a Wonstay Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Wonstay Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Wonstay Account and your SNS Account at any time, by accessing the "Settings" section of the Wonstay Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Wonstay Account and public Wonstay Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Wonstay Account unless Wonstay authorizes you to do so. You may not assign or otherwise transfer your Wonstay Account to another party.
5. Service Fees
5.1 Wonstay may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Wonstay Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
5.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Wonstay reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective.
5.3 You are responsible for paying any Service Fees that you owe to Wonstay. The applicable Service Fees (including any applicable Taxes) are collected by Wonstay Payments. Wonstay Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by Wonstay Payments. Except as otherwise provided on the Wonstay Platform, Service Fees are non-refundable.
6. Terms specific for Hosts
6.1 When creating a Listing through the Wonstay Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Wonstay. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
6.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
6.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
6.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. Wonstay reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
6.5 The placement and ranking of Listings in search results on the Wonstay Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
6.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
7. Terms specific for Guests
7.1 Terms applicable to all bookings
7.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Wonstay and/or the Host, you can book a Listing available on the Wonstay Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Wonstay Account.
7.1.2 Upon receipt of a booking confirmation from Wonstay, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Wonstay Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.
7.2 Booking Accommodations
7.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
7.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host.
7.3 Booking Experiences and other Host Services
7.3.1 You should carefully review the description of any Experience or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements that the Host has specified in their Listing. At your sole discretion, you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience or other Host Service.
7.3.2 You may not bring any additional individuals to an Experience or other Host Service unless such an individual was added by you as an additional guest during the booking process on the Wonstay Platform.
8. Cancellations and Refunds
8.1 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and Wonstay Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Wonstay Payments pursuant to the Payments Terms.
8.2 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In addition, Wonstay may (i) keep the calendar for the listing unavailable or blocked for the dates of the canceled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for canceling the booking or has legitimate concerns about the Guest’s behavior.
9.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
9.2 Tax regulations may require us to collect appropriate Tax information from Hosts or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
If you choose to use the Wonstay Platform or Collective Content, you do so voluntarily and at your sole risk. The Wonstay Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Wonstay Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Wonstay relating to a Listing.
You agree that some Experiences, other Host Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host Services may carry a risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service or the Group Payment Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Wonstay from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING GUESTS FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY'S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON WONSTAY.