Terms & conditions

STAYSS LIMITED

USER TERMS AND CONDITIONS FOR BRUD STAYS

(these “Terms and Conditions”)

These Terms and Conditions apply to your use of the BRUD Stays platform (at www.stays.brudgroup.com) when you book short term apartment stays.

1. Defined terms
   • In this Agreement, we use the following defined terms:

Accommodation: an apartment listed on BRUD Stays by the Owner, to allow users of BRUD Stays to book the use of the Accommodation for a specific period of time;

Account: the account we allocate to you to access BRUD Stays and make Bookings;

Agreement: these Terms and Conditions and, where applicable, your Registration Form, and any document referred to in these Terms and Conditions or the Registration Form (except for the Rental Contract);

Arrival Date: your check-in date at the Accommodation as set out in the Booking;

Booking Confirmation: the communication you will receive from us confirming that your Booking has been accepted;

Booking: a booking for an Accommodation that you submit through BRUD Stays;

Booking Fee: the Booking price, which includes the price for the Accommodation per night, a cleaning fee, our service fee, and any applicable VAT;

BRUD Stays: the platform developed and created by us, to be used to arrange and manage bookings for specific accommodations;

Business Day: any day other than: (i) a Saturday, (ii) a Sunday or (iii) any day when the clearing banks in the City of London are not open for business;

High Season: the Jewish festival of Passover (from and including the 15^th until and including the 22^nd of the Hebrew month of Nissan) and the Jewish festival of Sukkot (from and including the 15^th until and including the 21^st of the Hebrew month of Tishrei). Please note that the equivalent dates in the Gregorian calendar change from year to year;

Low Season: any other period that is not a High Season;

Owner: a person that uses BRUD Stays to list Accommodations which you are able to view through BRUD Stays, and with whom you may (if applicable) enter into a contract in respect of renting that Accommodation;

Party: either us or you, and Parties shall mean both of us and you;

Registration Acceptance: our email or other notification to you confirming your registration for an Account;

Registration Form: the online registration form you submit to us in order to create an Account;

Rental Contract: a contract between you and the Owner for the short term rental of their Accommodation, on the basis of a Booking;

we, us or our: STAYSS Ltd, incorporated and registered in England and Wales with company number 13241145 whose registered office is at 72 Bridge Lane, London, England, NW11 0EJ; and

you or your: the person using and/or registering for access to BRUD Stays.

2. When we have a contract with you
   • You will be able to search for Accommodations on BRUD Stays without an Account, but you will not be able to submit any Booking unless you have created an Account. When you use BRUD Stays without an Account, these Terms and Conditions will apply only where they do not relate to Bookings and an Account.
   • If you submit a Registration Form to us, that constitutes an offer by you to obtain access to BRUD Stays in accordance with these Terms and Conditions and the terms of the Registration Form. You are responsible for ensuring that the terms of the Registration Form are complete and accurate. This Agreement shall be legally formed and the Parties shall be legally bound when you have received a Registration Acceptance from us.
3. How long is this Agreement
   • This Agreement, and your access to BRUD Stays, will start when you receive the Registration Acceptance from us and, unless terminated earlier pursuant to the termination provisions of this Agreement, shall continue until terminated in accordance with Clause ?1. 
4. BRUD Stays
   • We shall:
     • make BRUD Stays available to you; and
     • allow you to submit Bookings within BRUD Stays.
   • You acknowledge that we cannot guarantee uninterrupted, timely or error-free access to BRUD Stays due to events beyond our control (including operation of public and private networks by Internet service providers, telecoms providers and third parties), and we may also need to carry out maintenance (whether planned or unplanned, and routine or not) from time to time on BRUD Stays; however, we shall use our reasonable endeavours to minimise downtime. Subject to us having used such reasonable endeavours, we do not warrant that your access to BRUD Stays will be uninterrupted or error-free.
   • We reserve the right at our absolute discretion to make changes to BRUD Stays at any time.
   • We retain the right, if we consider it appropriate, to:
     • immediately halt the listing of Accommodations within BRUD Stays and/or any submission of Bookings through BRUD Stays;
     • prevent or restrict access to BRUD Stays; and/or
     • take any other action to preserve and protect BRUD Stays and/or to restrict access to or availability of or remove any objectionable material and/or inaccurate listings.
   • Except where expressly provided for within this Agreement, we exclude all conditions, warranties, terms and obligations, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law in respect of BRUD Stays, the Account, any Bookings, Accommodations, Rental Contracts and/or Owners, and our obligations under this Agreement.
5. The Account
   • You should follow the instructions within BRUD Stays to create an Account.
   • You may access the Account only with a browser or device that is compatible with BRUD Stays (and its security features).
   • For us to allocate to you access to the Account, you must provide such information as we may require from time to time.
   • Once you have been allocated access to the Account, you will be asked to create a username for, and allocate a password to, such access. You must keep the password confidential and immediately inform us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of the Account or any breach of security known to you. You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) BRUD Stays. You are entirely responsible if you do not maintain the confidentiality of your password.
   • Once you have access to the Account, you may update your details, and manage Bookings, by accessing the Account.
   • You must tell us immediately of any changes which are relevant to the Account by informing us through the Account, or otherwise by contacting us by using the contact information listed within BRUD Stays.
   • Without prejudice to any other right or remedy which we may have, if we reasonably believe that you have failed to comply in any way with any of the terms of this Agreement, we may exercise any one or more of the following remedies at our absolute discretion, whether or not any Bookings have been accepted by Owners:
     • rescind this Agreement (in whole or in part); and/or
     • cancel any Booking;
     • restrict access to the Account; and/or
     • close the Account.

6. Bookings
   • You may use BRUD Stays to search Accommodations by using criteria such as travel destination, travel dates and number of guests. You can refine your search results by using the provided amenities filter.
   • The pricing of any Booking that is displayed to you may be different if you perform your search for the Accommodation outside of your Account.
   • When submitting a Booking, and making changes to it, you must follow the instructions within BRUD Stays.
   • An Owner may accept a Booking through BRUD Stays, in which case you will receive a Booking Confirmation.
   • We do not guarantee that an Owner will accept any Booking that you submit through BRUD Stays.
   • You acknowledge that we shall have no liability (subject to Clause ?2) if an Owner accepts a Booking and cancels the Booking before your Arrival Date, or fails to give you access to the Accommodation.
   • Once an Owner has accepted a Booking and you have entered a Rental Contract, you may update (but not cancel) the Booking for any errors for 72 hours from the time at which you enter into the Rental Contract by contacting us at stays@brudgroup.com if you do not contact us with any updates to the Booking within that time period, your cancellation and amendment rights for that Booking are as set out in the Rental Contract.
   • You acknowledge that we are only a marketplace, and we shall have no liability (subject to Clause ?2), and you bear sole responsibility and liability, for the consequences of your use of BRUD Stays, making Bookings, staying at Accommodations, and any engagement with an Owner. We are not responsible and have no liability (subject to Clause ?14.2) for the state of the Accommodation, the fulfilment of the Booking, or for the Owner’s compliance with the Rental Contract.
7. The Rental Contract
   • You authorise us to act as your limited representative solely to conclude Rental Contracts on your behalf between you and each relevant Owner. You acknowledge that we are only a facilitator, and that we are not an apartment owner. We provide a marketplace for you and Owners to negotiate and agree apartment stay bookings in accordance with the provisions of this Agreement.
   • We are not an agent of any Owner and, subject to Clause ?2, we shall not have any liability for the Accommodations listed on BRUD Stays by any Owner. All Rental Contracts are formed solely between you and the relevant Owner, and the enforcement of any Rental Contract is the responsibility of you and the relevant Owner (being the parties to the Rental Contract), and, subject to Clause ?14.2, we shall not have any liability for the failure of either you or the relevant Owner to fulfil such obligations. We will act as a liaison in respect of disputes between you and the relevant Owner using our complaints procedure, but we are not obliged to mediate between you and any Owner or to enforce or execute any fulfilment of any Rental Contract.
   • You acknowledge that you are responsible for your own contractual relationship between you and the Owner once a Booking has been made, and you are responsible for and agree to comply with your obligations under the Rental Contract.
   • You acknowledge that we have a separate agreement in place for each Owner in respect of the use of BRUD Stays itself. Such user agreement does not apply to the acceptance Bookings or the Accommodation which are covered by the Rental Contract.
   • To the extent that we are the Owner, we will be responsible for the Booking under the relevant Rental Contract.
8. Our obligations
   • We warrant that:
     • we shall use our reasonable skill and care in providing BRUD Stays;
     • we have all necessary rights, permissions and consents to enter into, and perform our obligations under, this Agreement; and
     • we shall comply with all applicable laws, statutes, regulations and bye-laws in relation to the exercise of our rights and performance of our obligations under this Agreement.
   • We have the right to make any changes to BRUD Stays which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of BRUD Stays. We tell you if that happens.
9. Your obligations
   • You must:
     • ensure that the terms of the Registration Form, and each Booking, are complete and accurate; and
     • co-operate with us in respect of this Agreement.
   • It is your responsibility to ensure that you provide us with the information required to enable us to give you access to BRUD Stays, and allow you to submit Bookings. We shall not be responsible or have any liability (subject to Clause ?2) for any failure by us in respect of BRUD Stays, or by us or any Owner in respect of any Booking, to the extent caused by your failure to properly ensure the provision of the relevant information to us.
   • You shall not in any way use BRUD Stays, or submit to us or BRUD Stays, anything which in any respect:
     • is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
     • is fraudulent, criminal or unlawful;
     • is inaccurate or out-of-date;
     • is obscene, indecent, vulgar, discriminatory, offensive, threatening, defamatory or untrue;
     • impersonates any other person or body or misrepresents a relationship with any person or body;
     • may infringe or breach the copy or Intellectual Property Rights of any third party;
     • may be contrary to our interests;
     • is contrary to any specific rule or requirement that we may stipulate for BRUD Stays; or
     • involves your use, delivery or transmission of any viruses, unsolicited communications, Trojan horses, trap doors, cancelbots, back doors, worms, easter eggs, time bombs or computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any data, personal information or system.
   • It is your responsibility to ensure that BRUD Stays is sufficient and suitable for your purposes and meets your individual requirements.
   • You shall not impersonate any person or use a name that you are not legally authorised to use. If you provide false or incorrect information or do not notify us of changes to your information immediately, we reserve the right to terminate this Agreement immediately without notice, and suspend your Account.
10. Payments
    • All payments you make to Owners through BRUD Stays may be made by:
      • bank transfer, to the account set out in the invoice you will receive from us with or following the Booking Confirmation;
      • credit card payment, subject to a non-refundable processing charge of up to 4% (depending on the credit card provider); or
      • any other payment method as specified to you from time to time, and which may involve an approved third-party payment processor.
    • All payments are to be made in US dollars, unless otherwise agreed by us.
    • Certain Booking fees may be subject to VAT. If any VAT applies, it will be set out in the Accommodation listing, and in the Booking.
    • For Bookings made over 14 days before the Arrival Date, you may either (a) pay the full amount on the date of the Booking Confirmation or (b) make the following staged payments:

• For Booking made within 14 days from the Arrival Date, you must make the full payment on the date of the Booking Confirmation.
• In the event that you check-out of the Accommodation later than the time and date of check-out set out in your Booking, we reserve the right to charge you an additional fee, as if you were staying an additional night at the Accommodation.
• In the event that the Owner allows you to bring a pet to the Accommodation, or in the event that the number of persons staying at the Accommodation exceed the number of persons set out in the Booking, we reserve the right to charge an additional fee.
• Where you wish to pay via credit card, or a third-party payment processor (if applicable), you must fill in your payment details before submitting your Booking. We will submit an invoice to you with or shortly following the Booking Confirmation.
• Where you are paying via credit card or an approved third-party payment processor, the relevant payment(s), will be taken automatically immediately following our submission to you of the relevant invoice.
• If you make your payment(s) via our approved third-party payment processor, you agree to be bound by any terms and conditions that are put in place by the third-party payment processor and amended from time to time. As a fee-collecting agent the third-party payment processor will collect payment from you and then pass it on to us.
• We collect that payment on behalf of the Owner, and may deduct our own fees from that payment before we pass it on to the relevant Owner.
• You are responsible for ensuring that the payment card details you provide us or enter in the third-party payment processor are up-to-date and correct, and have sufficient funds on them to pay for the Booking, both at the time of your submission of the Booking and, for any staged payments thereafter.
• You acknowledge that if there is any payment failure, resulting in you failing, or meaning that you fail, to pay the amounts due in respect of your Booking within the timeframes required:
  • your Booking may be cancelled, or suspended until such time as we have received the payment in full;
  • we may charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time, interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount;
  • if you have added card details to BRUD Stays, we will re-attempt to take the payment every day for 5 days using those card details, at which point the Booking will be cancelled unless successful payment is taken; and
  • we may refer such matter to debt collection agents whose charges will be added to and be payable with the invoiced amount together with an additional £50 late fee.
• We do not currently charge for user access to, and/or use of BRUD Stays.

11. Cancellations by you and Cancellation Fees
    • Subject to Clause ?2, if you cancel your Booking following the Booking Confirmation, the

Following shall apply:

• In the event that, on your Arrival Date, there are no flights leaving Israel or the Ben-Gurion Airport is fully closed, in each case, due to a war to which Israel is a party, you must contact us immediately by writing to us at stays@brudgroup.com if you wish to cancel your Booking. In such case, we may ask you for evidence of your flight having been cancelled and for any other information which we may require to review your cancellation request. If your cancellation request is accepted, you will receive a full refund of the Booking fee subject to the payment of a $250 cancellation fee, which we may deduct from any amount we refund to you.
• You understand and agree that the cancellation fee represents a true and fair amount of our expenses and loss as a result of your cancellation.

12. Intellectual property rights
    • We and you acknowledge that, as between us and you, we and our licensors own all intellectual property rights in BRUD Stays and the Account. We grant to you a limited non-transferable licence to make use of BRUD Stays and the Account in accordance with this Agreement. This licence expressly excludes, without limitation:
      • any resale or commercial use of BRUD Stays;
      • modifying, distributing, copying, republishing or making any derivative of BRUD Stays; and
      • any data extraction or data mining whatsoever.

Any goodwill accruing out of the use of our intellectual property rights under this Agreement shall vest in us and our affiliates, as the case may be.

• When you upload or post content to BRUD Stays (including as part of any Booking), you grant us the right to use that content as a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with BRUD Stays and otherwise to support the fulfilment of your Booking.

13. Keeping BRUD Stays safe
    • You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to BRUD Stays or any information available through it. This includes using (or permitting, authorising or attempting the use of):
      • any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of BRUD Stays or any data, content, information or services accessed via through it; and/or
      • any automated analytical technique aimed at analysing text and data in digital form to generate information which includes patterns, trends and correlations.
    • The above should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790), but shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
    • Where BRUD Stays contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
    • BRUD Stays may include information and materials uploaded by other users of BRUD Stays. This information and these materials have not been verified or approved by us.
    • If you become aware of any material that is illegal or could comprise or be connected to illegal activity, please contact us immediately on stays@brudgroup.com If you wish to complain about any other content, please contact us on stays@brudgroup.com .
    • Any content you upload to BRUD Stays will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of BRUD Stays a limited licence to use, store and copy that content and to distribute and make it available to third parties. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to BRUD Stays constitutes a violation of their intellectual property rights or of their right to privacy.
    • You are solely responsible for securing and backing up your content.
    • We do not guarantee that BRUD Stays will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access BRUD Stays. You must:
      • use your own virus protection software;
      • not misuse BRUD Stays by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
      • not attempt to gain unauthorised access to BRUD Stays, the server on which BRUD Stays is stored or any server, computer or database connected to BRUD Stays; and/or
      • not attack BRUD Stays via a denial-of-service attack or a distributed denial-of service attack.
    • By breaching Clause ?7.4, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use BRUD Stays will cease immediately.
    • You may link to the BRUD Stays homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. BRUD Stays must not be framed on any other site, nor may you create a link to any part of BRUD Stays other than the homepage. We reserve the right to withdraw linking permission without notice.
    • You must not:
      • reproduce, duplicate, copy or re-sell any part of BRUD Stays in contravention of these Terms and Conditions; and/or
      • access without authority, interfere with, damage or disrupt:
        • any part of BRUD Stays;
        • any equipment or network on which BRUD Stays is stored;
        • any software used in the provision of BRUD Stays; or
        • any equipment or network or software owned or used by any third party.

14. Our liability
    • We are responsible for losses you suffer caused by us breaking this Agreement unless the loss is:
      • Unexpected. It was not obvious that it would happen and nothing you said to us beforehand meant we should have expected it (so, in the law, the loss was unforeseeable).
      • Caused by an event outside our control.
      • Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
      • A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited.
    • Nothing in these Terms and Conditions or otherwise in this Agreement shall limit or exclude our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; and/or
      • any other matter in respect of which it would be unlawful for us to exclude or restrict liability.

15. Termination
    • Each Party may terminate this Agreement with immediate effect at any time on notice to the other Party; you may do this by closing your Account using the functionality available in it.
    • Termination of this Agreement shall not affect any Booking where a Booking has already been accepted by the Owner, and you will be obligated to continue to pay for that Booking despite termination of this Agreement unless you cancel the Booking in accordance with Clause ?11, or we and you agree otherwise in writing. The fulfilment of that Booking will remain the responsibility of the relevant Owner.
    • Termination of this Agreement shall be without prejudice to any accrued rights or remedies of either Party.
    • Termination of this Agreement shall not affect the coming into force, or continuance in force, of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
16. Other important terms
    • For information as to how we use personal data relating to you, please see our Privacy Policy and our Cookies Policy.
    • Subject to Clause ?2, we are not responsible if we breach this Agreement as a result of any event outside of our reasonable control.
    • To contact us, please email stays@brudgroup.com .
    • We will contact you using the details you submit to us in the Registration Form.
    • We can transfer this Agreement, so that a different organisation is responsible for giving you access to BRUD Stays. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you can contact us at stays@brudgroup.com , and you can terminate this Agreement as set out in Clause ?1.
    • You can only transfer this Agreement to someone else if we agree to this. We may not agree to that transfer.
    • If a court invalidates some of this Agreement, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
    • Even if we delay in enforcing this Agreement, we can still enforce it later. We might not immediately chase you for not doing something or for doing something you are not allowed to, but that does not mean we cannot do it later.
    • Nobody else has any rights under this Agreement. This Agreement is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
    • We may change this Agreement at any time by informing you within your Account. The new Agreement may be displayed on-screen in your Account and you may be required to read and accept it to continue your use of BRUD Stays. If you do not agree with the changes, you may terminate this Agreement in accordance with Clause ?1.
    • In these Terms and Conditions:
      • references to “Clauses” are to clauses of these Terms and Conditions;
      • the headings are inserted for convenience only and shall not affect the construction or interpretation of this Agreement;
      • a “person”includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
      • a reference to a Party includes its personal representatives, successors or permitted assigns;
      • words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include the other gender and the neutral;
      • a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
      • any phrase introduced by the terms “including”, “include”, “in particular”or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding or following those terms; and
      • a reference to “writing”or “written” includes in electronic form and similar means of communication.
    • This Agreement is governed by English law.
    • We would prefer to resolve any such claims through arbitration by the [Beth Din of the Federation of Synagogues, London] (or any other Beth Din that we both agree to in writing) according to the rules of procedure customarily employed in arbitrations before the Beth Din, and according to principles of halachah and/or general principles of equity customarily employed in arbitrations before the Beth Din, and/or English law where applicable, as decided by the Beth Din. The Parties agree that any such arbitration shall be heard by three Dayanim, appointed by the registrar or other appropriate officer of the Beth Din. Judgment upon the award rendered by the Beth Din may be entered in any civil court having jurisdiction thereof, provided that the Beth Din has given permission for this to be done. The seat of the said Beth Din arbitration shall be London, England. However, you may bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
    • This Agreement is entered into in accordance with the Jewish law of Heter Iska ???? ???? ???? ????.