Terms of Use

These Terms of Use apply to your access and use of the mobile applications, websites and mobile websites (collectively, the “WanaStay Apps”) owned, operated or provided by WanaStay Limited (“WanaStay”, “We”, “Us” or “Our” hereafter), as well as all bookings made through the WanaStay Apps. By accessing or using the WanaStay Apps or making any bookings through the WanaStay Apps, you agree to accept these Terms of Use and our Privacy Policy. If you do not agree to all these Terms of Use, please do not access or use the WanaStay Apps or making any booking through the WanaStay Apps. By accepting these Terms of Use, you declare that you are a person of legal age and have the capacity to engage in a legal contract.

Bookings

The WanaStay Apps are part of a flexible online platform facilitating the processing and booking of hotel and hostel rooms during the day and overnight. We do not provide, own or run any accommodation. In making a booking, it shall be your responsibility to disclose to the hotel or hostel (collectively “hotel”) any requirements or special facilities that you or a member of your party may need as a result of any medical conditions or condition of any kind. When you make a booking using the WanaStay Apps, you agree to enter into a contract for accommodation with the hotel, but not WanaStay, as we are only acting as a technical solution provider for the hotel. It is the hotel’s responsibility to provide you with the accommodation and we are not responsible for the fulfillment, quality or fitness for purpose of the accommodation that is or may be booked through the WanaStay Apps.

Overbooking and cancellation

Any booking of a hotel’s room through the WanaStay Apps is definitive. On making a booking, you will be required to pay the full amount as set out for the booking in the WanaStay Apps, which will always be non-refundable unless the hotel is not able to honour your reservation, in which case you may cancel the booking by contacting us immediately, and we will work with you and the hotel to find you alternative accommodations (such as an available room at a different location). We may, in our sole discretion, provide cancellation credits for future bookings through the WanaStay Apps as an alternative. There will be no additional charges for cancellations or no-shows but you will not be refunded the cost of any part of your booking in any circumstances other than the hotel failing to honour your reservation.

Payment method and security

In the WanaStay Apps you will find different forms of online payment during the booking process. Such online payment is made through a secure online payment platform: Stripe. For more information, click here. We make reasonable efforts to ensure that all credit card or debit card statement for any card used on the WanaStay Apps at any time during or after you make your booking, conduct your transaction or disclose your card details in the WanaStay Apps, WanaStay shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, save where such unauthorized charges appear as a direct result of our negligence and subject to any statutory rights which you may have.

Liability

WanaStay strongly condemns all illegal activities contrary to local legislation and agrees to fully cooperate with relevant authorities if suspicious of any illegal activities are detected as part of the activities of the WanaStay Apps. In the event of a problem arising with your accommodation or other services provided by the hotel, you should contact the hotel. If there is a problem arising with the booking process that you have made via the WanaStay Apps please contact us directly via help@WanaStay.com. In our agreement with hotels providing accommodation using the WanaStay Apps, hotels are required deal with the bookings in relation to them in accordance with all the information contained in the bookings, including supplementary information and reasonable wishes made known by the users/customers. If this is not the case, please send us an email at help @WanaStay.com. Neither we nor any of our directors, employees, affiliates or other representatives will be liable to you (or any member of your corporate group, your affiliates or any other person or party who has an interest in the booking) for: (i) indirect, punitive, special or consequential loss or damages, (ii) loss of data, income, profits, business, opportunity, reputation, goodwill or (iii) loss of or damage to property, in each case arising out of or in connection with the use of any information, products, services, facilities and/or the materials offered through the WanaStay Apps, even if we have been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable. Our maximum aggregate liability to you (and any other party that has an interest in the booking) in relation to any booking made through us or the WanaStay Apps (whether in contract, tort or otherwise) shall be limited solely to the value of the payment that has been made for that booking. While our agreement with hotels requires that hotels display prices which are inclusive of all service charges and surcharges, the price displayed in the WanaStay Apps is ultimately the responsibility of the hotel rather than ours. You acknowledge that we shall not have liability to you in respect of any attempt by the hotel to charge additional service charges or surcharges on you at the point of payment as a supplement to the price displayed and your sole recourse in this regard will be against the hotels.

Intellectual Property Rights

The WanaStay Apps are made available for personal and non-commercial use to make bookings in accordance with these Terms of Use. The information, content, graphics, text, images, trademarks, trade names and logos (collectively ”Contents”) contained in the WanaStay Apps are protected by copyright, trademarks, database rights, and any other intellectual property rights, and are the exclusive property of WanaStay or their licensors. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Contents, except or their intended manner in accordance with these Terms of Use.

User Generated Content

You may be allowed to post content, reviews, messages, photos, materials or other information (collectively “User Content”) in certain parts of the WanaStay Apps. You represent and warrant that the User Content you post does not contain anything illegal, defamatory, obscene or offensive, as well as anything that may infringe any patent, trademark, trade secret, copyright or other intellectual, proprietary or data protection rights of any party. We accept no responsibility and liability for any User Content of any kind that is posted, stored or uploaded by you or any third party in the WanaStay Apps, or for any loss or damage caused as a result thereof. You agree to grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable and unlimited right and license to use, copy, modify, alter, edit, remove, publish, create new derivatives works from, make available and display your User Content, and include your User Content into other works, for any business related purposes, including but not limited to promotional and marketing purposes.

Amendments of Terms of Use

WanaStay may amend the Terms of Use and/or the contents of the WanaStay Apps for any reason and without liability to you, in order to improve the service, information and/or materials provided through the WanaStay Apps. By amending the Terms of Use set forth in the WanaStay Apps, we fulfilled the duty of notification. All amendments to these Terms of Use are effective immediately once they are posted in the WanaStay Apps. By continuing to access or use the WanaStay Apps following our posting of any amendments to these Terms of Use, you are deemed to have accepted the amendments. You should check these Terms of Use for any changes each time you access the WanaStay Apps.

Relationship of Parties

These Terms of Use do not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between WanaStay and users/customers other than the contractual relationship expressly provided for the Terms of Use. Neither party shall have, nor represent that it has, any authority to make any commitment on the other party’s behalf.

Binding Arbitration

You agree that any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the law of Hong Kong. The seat of arbitration shall be Hong Kong.

General

These Terms of Use is the only and whole agreement between you and WanaStay which supersedes and replaces any prior written or oral agreements, representations or understandings between the parties. If any of these Terms of Use becomes invalid or unenforceable, the reminder of these Terms of Use shall remain valid and enforceable. Our failure or delay to enforce any one or more of these Terms of Use shall not operate as a waiver thereof, or of the right to subsequently enforce any of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong. In case of conflict between the English and any other language versions of these Terms of Use, the English version shall prevail. Headings in this Terms of Use, the English version shall prevail. Headings in this Terms of Use are inserted for convenience only and shall not affect the interpretation or construction of these Terms of Use.

Disclaimers

Whilst WanaStay will endeavor to ensure the accuracy and reliability of the services, information and/or materials provided via the WanaStay Apps, it may, on occasion, be necessary to close or suspend provision of any of the services, information and/or materials in the WanaStay Apps for the purposes of repair, maintenance or development. Unless otherwise set out in these Terms of Use, and to the greatest extent permitted by applicable law, all representations, warranties and conditions, including those implied by statute or otherwise, are hereby excluded, including but not limited to representations, warranties or undertakings about any of the services, information and/or materials provided in the WanaStay Apps, including but not limited to their accuracy, completeness, merchantability, quality or fitness for a particular purpose. The WanaStay Apps are provided strictly on an “as is” and “as available” basis and, in particular, we do not warrant that the WanaStay Apps and its services, information and materials will be uninterrupted, error, virus or bug-free. No oral or written information, guidelines or advice given by WanaStay or our authorized representatives will create a warranty.