Terms of Service - Matched Stay

 

About Us

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Matched Stay is a business travel accommodation agency incorporated and registered in England and Wales under company number 15073839, in accordance with the Companies Act 2006. Our registered office is located at Office 1, Izabella House, 24-26 Regent Place, Birmingham, West Midlands, England B1 3NJ (hereinafter referred to as "Us," "We," "Our"). To contact Us, please call 0121 517 0365 or email Us at support@matchedstay.co.uk. For the avoidance of doubt, Matched Stay is not currently VAT registered. Guests and Hosts will be Notified by Email, if Matched Stay becomes VAT registered in the future.

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General

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We act as an undisclosed agent on behalf of the Host (as defined below) in connection with transactions facilitated through Our Platform (as defined below). Initially, when You (the Guest) make a booking, Our role as an agent, and the identity of the Host, may not be disclosed. However, once the booking is confirmed, the identity of the Host will be revealed to You, establishing a direct contractual relationship between You and the Host.

By utilising Our services, You (hereinafter referred to as "You," "Your," "Guest," or "Host," as applicable) acknowledge and agree to Our role as an agent, which does not need to be disclosed to any other party in the transaction during the initial stages. This arrangement aligns with common law principles of agency, where an agent may act on behalf of a principal (in this case, the Host) without initially disclosing the principal’s identity to the third party (the Guest). Upon the confirmation of the booking, the Host’s identity is disclosed to You, at which point You enter into a direct contractual relationship with the Host.

We shall use all reasonable endeavours to ensure that the Accommodation (as defined below) satisfies the minimum standards of condition as required by law.

You are either signed in as a "Guest" or as a "Host," with the option of switching between accounts.

These terms and conditions (hereinafter referred to as the "Terms") apply to Your order for Services (as defined below) and Our provision of Services to You. The order and these Terms shall collectively constitute the Agreement (hereinafter referred to as the "Agreement") between Us and You for Our Services. By registering an account on the Matched Stay Platform (as defined below), You (Guest or Host) agree to be bound by these Terms and the Agreement.

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Legal Framework

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This Agreement and the ensuing relationship between You and the Host are governed by the principles of contract law, particularly concerning licence to occupy.

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1. Licence to Occupy

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Any Property booked through the Matched Stay Platform is provided to You under a licence to occupy, due to the inclusion of mandatory ancillary services integral to Your stay, such as cleaning and maintenance. This licence does not confer any tenancy rights or proprietary interest in the Property. For the avoidance of doubt, this Agreement does not create a lease or any form of exclusive possession and is not intended to circumvent the provisions of the Law of Property Act 1925. This Agreement is structured specifically to ensure that it does not confer exclusive possession pursuant to the principles established in Street v Mountford [1985] AC 809, and accordingly, You do not acquire any proprietary interest in land under this Agreement.

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2. Limitation of Liability

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In Our capacity as an undisclosed agent during the initial stages of the transaction, We shall not be liable for any direct, indirect, or consequential loss or damage arising from or in connection with the provision of Accommodation by the Host, except where such liability cannot be excluded by law, such as under the Unfair Contract Terms Act 1977 or the Consumer Protection Act 1987. This limitation includes, but is not limited to, loss of profits, loss of business, or loss of goodwill. Our liability is limited to the extent of the commission We receive for the transaction in question, and any claims or disputes regarding the Accommodation must be directed to the Host once their identity is disclosed.

Once the Host’s identity is revealed post-booking, You (the Guest) will be contractually bound to the Host, and both You and the Host will have the right to enforce the contract against each other. We, as the initial undisclosed agent, facilitate this relationship but will not be held liable for any breach of contract by the Host or any failure of the Host to deliver the Accommodation as described, except to the extent required by law.

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3. Definitions

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For the purposes of this Agreement, the following capitalised terms shall have the meanings set forth below:

 

1. ​Accommodation: Refers to the lodging or properties offered by Hosts and for which We have agreed to facilitate the sale of occupancy in accordance with this Agreement. This term includes, but is not limited to, serviced apartments, properties, company lets, corporate housing, hotels, aparthotels, and temporary accommodations.

2. Accommodation Fee(s): Means the total charges payable by a Guest for staying at the Accommodation, under all Reservations, including charges for utilities, cleaning services, pet fees, service costs, booking fees, cancellation fees, no-show fees, and applicable taxes. The Security Deposit (as defined below) shall be itemised separately.

3. ID: Refers to the identification document provided by You during the sign-up process. We process Your ID in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, specifically under Article 6(1)(b) for the performance of a contract and Article 6(1)(c) for compliance with legal obligations, including Anti-Money Laundering (AML) compliance. Processing is limited to these purposes and complies with the principles of data minimisation and purpose limitation.

4. Matched Stay Platform: Refers to the digital platform, including the host portal on the Matched Stay app and website, and any other domains or mobile applications used by Us, through which the Services are provided.

5. Customer: Refers to any person, firm, or company who makes a Reservation (as defined below) for or otherwise uses Accommodation pursuant to this Agreement.

6. Commission: Refers to the commission payable to Us for the Services provided under this Agreement, which shall be 15% of the total booking value, excluding the amount of the Security Deposit. This commission is payable in advance, at the time the Guest makes their payment to Us. The commission will be deducted from the amounts received from the Guest before the remaining balance is transferred to the Host.

7. Confidential Information: Means any information that is confidential, commercially sensitive, or proprietary in nature, disclosed by one party to the other in connection with this Agreement.

8. Guest: Means an individual or entity who makes a Reservation and occupies the Accommodation.

9. Host Conditions of Stay: Refers to the terms and conditions of stay set by the Host and agreed upon by the Guest, which govern the Guest’s use of the Accommodation.

10. Property Details: Refers to all information and materials provided by You or obtained by Us in relation to the Accommodation and the services offered. You, as the Host, are legally obligated to ensure that all descriptions, photographs, and other details provided about Your Accommodation are accurate, complete, and not misleading. This obligation is in accordance with the Consumer Protection from Unfair Trading Regulations 2008, which prohibits misleading actions or omissions that could deceive Guests or affect their transactional decisions.

11. Reservation: Means a booking that has been accepted and confirmed by You in accordance with this Agreement.

12. Security Deposit: Refers to the deposit required upon a confirmed booking, intended to cover potential costs arising from any damage caused by the Guest to the Accommodation during their stay. The amount of the Security Deposit shall be equivalent to up to five weeks’ worth of the average booking value for Long-Term Bookings (as defined below), or up to £1000 for Short-Term Bookings. This deposit will be held by Us and may be applied to repair or replace any damaged property or contents. The balance, after deducting the cost of any necessary repairs, will be refunded to You after the end of Your stay.

13. Services: Means the promotion and sale of short-term occupation of Your Accommodation, acting as an agent on Your behalf, and the performance of the other obligations set out in this Agreement.

14. Specification for Services: Refers to the specification appearing on Our Platform as of the date of Your Order Confirmation, as amended from time to time.

15. Family Members: Refers to any individual related to the Guest or Host by blood, marriage, or legal guardianship, including but not limited to parents, siblings, children, and spouses. This definition is included in consideration of any clauses involving extenuating circumstances or rights under this Agreement.

16. Extenuating Circumstances: Refers to situations beyond the reasonable control of a Guest or Host that prevent them from fulfilling their obligations under this Agreement. Such circumstances must be unforeseen and unavoidable, directly affecting the ability to stay in or provide the Accommodation. Examples of extenuating circumstances include, but are not limited to:

    1. Serious Illness or Injury: A severe medical condition or injury that affects the Guest, an immediate family member, or the Host, making it impractical or unsafe for the affected party to travel to or remain in the Accommodation.

    2. Death of an Immediate Family Member: The passing of a spouse, partner, parent, child, or sibling, which necessitates cancellation or early check-out.

    3. Natural Disasters: Events such as floods, earthquakes, hurricanes, or other natural disasters that prevent the Guest from reaching the Accommodation or the Host from offering it.

    4. Government Travel Restrictions or Advisories: Unexpected travel bans, border closures, or other government-imposed restrictions that prevent the Guest from reaching the Accommodation.

    5. Severe Property Damage: Significant damage to the Accommodation, such as from fire or flooding, that renders it uninhabitable or unsafe.

    6. Civil Unrest, Acts of Terrorism, or Military Actions: Situations involving significant local unrest, terrorist activities, or military actions that make it unsafe to travel to or stay in the Accommodation.

    7. Legal Obligations: Court orders or legal requirements that prevent a Guest or Host from fulfilling their stay or hosting obligations, such as mandatory jury duty or quarantine orders.

    8. Utility Outages: Extended loss of essential utilities (electricity, water, or gas) at the Accommodation, beyond the control of the Host, making the property uninhabitable.

For an event to qualify as an extenuating circumstance, it must be documented and verified to the satisfaction of Matched Stay. The decision to accept an extenuating circumstance and provide any relief, such as a refund or modification to the booking, is at the sole discretion of Matched Stay, in line with the policies outlined in this Agreement. This list above is not-exhaustive, and can include circumstances beyond the scope of examples outlined above.

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17. Force Majeure: Refers to any event or circumstance beyond the reasonable control of a party that prevents or delays the performance of their obligations under this Agreement. Such events may include, but are not limited to:

1. Acts of God: Natural disasters such as earthquakes, floods, hurricanes, tornadoes, or other extreme weather conditions.

2. War and Civil Unrest: Acts of war (whether declared or not), invasion, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, or civil unrest.

3. Terrorism: Acts of terrorism or threats thereof.

4. Government Actions: Government-imposed restrictions, laws, regulations, orders, or actions that are unforeseen and prevent the fulfilment of obligations, including quarantine restrictions and embargoes.

5. Industrial Actions: Strikes, lockouts, labour disputes, or industrial actions that are not within the control of the party seeking relief.

6. Epidemics and Pandemics: Widespread outbreaks of disease or other public health emergencies declared by an official health organization or government body.

7. Utility Outages: Prolonged interruption or failure of utilities (e.g., electricity, water, gas) not caused by the negligence or intentional actions of the party seeking relief.

8. Other Extraordinary Events: Any other extraordinary event or circumstance beyond the reasonable control of the affected party, which could not have been anticipated, prevented, or mitigated with the exercise of reasonable diligence.

 

For an event to qualify as a Force Majeure event, it must directly impact the ability of a party to perform its obligations under this Agreement and must be communicated to the other party promptly. The party affected by a Force Majeure event shall take all reasonable steps to mitigate the effects of the event and resume performance as soon as reasonably possible once the Force Majeure event ceases.

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18. Host: Refers to any individual, entity, or organisation offering Accommodation for booking through the Matched Stay Platform. The term "Host" encompasses a broad range of providers, including but not limited to:

1. Serviced Apartment Hosts: Individuals or entities who manage and offer serviced apartments, including but not limited to owners, property managers, or agents acting on behalf of the property owner.

2. Aparthotel Staff: Personnel employed by aparthotels who are responsible for managing bookings, guest relations, and the general upkeep and management of the property. This includes front desk staff, housekeeping staff, maintenance personnel, and other individuals acting under the authority of the aparthotel management.

3. Hotel Staff: Employees of hotels offering Accommodation through the Platform, including managers, receptionists, concierges, housekeeping staff, and any other personnel involved in providing services to Guests and maintaining the Accommodation.

4. Company Lets and Corporate Housing Providers: Organisations or individuals offering company lets or corporate housing, who are responsible for managing the booking process, guest relations, and ensuring the Accommodation meets the required standards.

5. Representatives and Agents: Any representative or agent acting on behalf of the Host, including property management companies, real estate agents, or booking agents involved in the facilitation of Accommodation bookings and guest services.

6. Other Hospitality Staff: Any other personnel employed by or associated with the Host who are involved in providing services to Guests or maintaining the Accommodation, such as security personnel, maintenance workers, or customer service agents.

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The term "Host" includes all parties involved in the offering and management of the Accommodation and any associated services, regardless of their specific role or title. Hosts are responsible for ensuring that their Accommodation meets all applicable legal, health, safety, and quality standards and for adhering to the terms and conditions outlined in this Agreement. This responsibility extends to all employees, agents, representatives, or contractors engaged by the Host in relation to the Accommodation.

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4. Anti-Money Laundering (AML) Compliance

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To comply with applicable laws, including the Proceeds of Crime Act 2002 and the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended), and to ensure the integrity of Our services, We reserve the right to conduct Anti-Money Laundering (AML) checks on any booking, particularly those involving high-value transactions.

You may be required to provide additional information or documentation to verify Your identity and the source of funds used for the booking. This may include, but is not limited to, government-issued identification, proof of address, and financial documentation. We may also monitor transactions for unusual or suspicious activity, as required by the aforementioned regulations.

Failure to comply with Our AML procedures or the identification of suspicious activity may result in the cancellation of Your booking and the reporting of the transaction to relevant authorities, such as the National Crime Agency (NCA). By making a booking, You consent to these checks and agree to provide the requested information promptly.

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5. Changes to these Terms

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We reserve the right to amend these Terms from time to time. Any changes will be communicated to You via the Platform or other means of communication. Your continued use of the Platform constitutes acceptance of the revised Terms.

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6. Appointment

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You appoint Us as Your agent to promote and sell short-term occupation of Your Accommodation. Our appointment as an agent is governed by this Agreement and shall be effective from the date of Your Order Confirmation. By appointing Us as Your agent to promote and sell short-term occupation of Your Accommodation, You accept that any House Rules provided by You may be subject to review and modification by Matched Stay. Such modifications will be made to ensure compliance with UK law, consumer protection regulations, and platform standards for fair practice. Your agreement to these Terms includes the acceptance of any potential amendments to the House Rules as deemed necessary by Matched Stay.

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7. Effective Date and Term

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This Agreement shall take effect on the date You complete the sign-up process for Your Account, which is deemed to occur upon the successful verification of Your Phone Number ("Effective Date"). This Agreement shall remain in force and effect until terminated in accordance with the provisions set forth herein.

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8. Our Services

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We shall provide the Services, which include the promotion and sale of short-term occupation of Your Accommodation, acting as Your agent. We also undertake to perform other obligations as set out in this Agreement.

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9. Standards for Accommodation

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9.1 Minimum Standards: All Accommodation must comply with the minimum standards as required under the Landlord & Tenant Act 1985. Reasonable precautions must be taken to ensure the quality of the Accommodation. In the event of dissatisfaction, We shall facilitate communication between the Guest and Host to resolve disputes.

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9.2 Disability Features: Accommodation must meet any specific accessibility requirements as set out in the accessible requirements section of the Platform. Hosts are required to provide accurate and up-to-date information regarding the accessibility features of their Accommodation. Any misrepresentation in this regard may result in legal consequences under the Equality Act 2010, which mandates non-discriminatory access to services for disabled persons. Furthermore, Hosts should take special care in detailing the amenities available for disabled users, as inaccuracies can significantly impact the suitability of the Accommodation for these individuals.

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9.3 Amenities: Hosts are encouraged to provide detailed descriptions of amenities that make their Accommodation unique.

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Guest Responsibilities

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10.1 Compliance with House Rules: Guests agree to comply with all House Rules provided by the Host, which may include rules on noise levels, use of shared spaces, smoking, and other guidelines for appropriate conduct. Failure to comply with these rules may result in penalties, including fines or immediate termination of the stay without refund.

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10.2 Respect for Property: Guests are required to treat the Accommodation and its contents with respect. Any damage caused to the property or its contents beyond normal wear and tear shall be the responsibility of the Guest, who shall be liable for the cost of repairs or replacement.

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10.3 Occupancy Limits: The number of occupants must not exceed the maximum occupancy limit specified by the Host. Violation of this limit may result in additional charges or termination of the stay.

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House Rules and Use of Property

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11.1 No Commercial Use: The property is to be used exclusively for residential purposes. Guests are not permitted to use the property for any commercial activities, including but not limited to running a business, hosting events, or subletting.

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11.2 No Illegal Activities: Guests must not engage in any illegal activities while on the property. Any illegal activities shall result in immediate termination of the stay and potential legal action.

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11.3 Quiet Hours: To ensure the comfort of all residents and neighbours, unless agreed by the Host, quiet hours are enforced between 11 pm and 7 am. Guests must refrain from making excessive noise during these hours.

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11.4 House Rules: Guests are expected to adhere to the House Rules established by individual Hosts, provided these rules are reasonable, lawful, and consistent with the terms of this Agreement. In the event that a Host’s rules are deemed unreasonable or unenforceable, at Our sole discretion, such rules may not be upheld. Guests shall be informed of any House Rules prior to confirming their booking, and any disputes regarding the reasonableness of the rules shall be addressed through Our dispute resolution process. Hosts are encouraged to set clear, fair, and practical rules that ensure a positive experience for all parties involved.

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11.5 Matched Stay reserves the right to review and amend any House Rules set by Hosts to ensure compliance with UK consumer law, local regulations, and general best practices for guest experience. If we deem any House Rules to be unreasonable, unlawful, or otherwise not in line with our standards, we may modify such rules to make them legally compliant and fair to Guests. Matched Stay will notify the Host of any changes made to their House Rules. By listing Accommodation on the Platform, Hosts agree to accept these modifications as binding, and any disputes will be handled according to our Dispute Resolution process outlined in Section 28.

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Check-In and Check-Out

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12.1 Check-In/Check-Out Times: Check-in and check-out times will be strictly enforced as stated in the reservation confirmation. Early check-in or late check-out requests are subject to availability and may incur additional fees.

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12.2 Key Handling: Guests are responsible for the security of the keys or access codes provided for the Accommodation. Loss of keys or failure to return keys at check-out may result in charges for lock replacement or other security measures.

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Cleaning and Maintenance

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13.1 Cleaning Fees: A mandatory cleaning fee will be charged to the Guest as part of the Accommodation Fee. This fee covers standard cleaning services performed after check-out. Guests are expected to leave the property in a reasonable condition; excessive cleaning may result in additional charges.

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13.2 Mid-Stay Cleaning: For stays longer than 14 days, a mid-stay cleaning service may be required, which shall be arranged by the Host at an additional cost. This will be included with the Accommodation price.

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13.3 Maintenance Access: The Host or their representatives may need to access the property during the stay for routine maintenance or emergency repairs. Advance notice of at least 24 hours shall be provided to the Guest when possible, and all efforts will be made to minimise disruption.

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Bookings and Enquiries from Customers

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All bookings and enquiries shall be handled through Our Platform. You agree to respond to all enquiries and booking requests promptly and professionally.

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Accommodation Fees and Terms and Conditions of Stay

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Accommodation Fees and any other charges related to the stay must be agreed upon between You and the Guest either through instant booking or the bidding platform. Hosts must provide clear terms and conditions of stay to be adhered to by Guests.

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Security Deposits

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16.1 Security Deposit Requirement: A Security Deposit is required and will be held to cover any damages, missing items, or excessive cleaning charges. The deposit amount will be specified in the reservation confirmation.

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16.2 Deposit Return: The Security Deposit will be refunded within 7 days after check-out, provided there are no outstanding charges for damages or additional services. Any deductions will be itemised and communicated to the Guest.

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Pricing, Payment, and Cancellation Policies​

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A. Pricing and Payment Terms

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17.1 Short-Term Bookings (Less than 30 Days): For short-term stays, the full Accommodation Fee is required upfront at the time of booking. This payment shall be processed immediately upon confirmation of Your booking. The payment to the Host will be released seven days into the stay, provided no issues have been reported by the Guest.

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17.2 Long-Term Bookings (30 Days or More):

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Payment Schedule and Payment Attempts:

• Guests with long-term bookings will receive an invoice on the 16th day of their current 31-day booking period. The payment for the next booking period is due on the 24th day of the current period.

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• If the initial payment attempt on the 24th day fails, additional payment attempts will be made on the 26th and 28th days. If these payment attempts are unsuccessful, the Guest must make the payment by the 7th day of the following booking period (beyond the initial 31 days).

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• Notice for Non-Payment: If payment is not made by the end of the 7th day of the second booking period, the Guest will be required to check out of the Accommodation immediately and will remain liable for the full payment for the 31 days of the second month. This clause operates in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, allowing Us to charge interest on any overdue payments and recover reasonable costs incurred in collecting late payments. This is in line with Clause 17.6. This will be overridden for guests who can prove extenuating circumstances as outlined in clause 3.16. 

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17.3 Right to Modify Payment Schedules: Matched Stay reserves the right to adjust the payment schedule to more frequent intervals (such as bi-weekly or weekly payments) during the booking, providing 30 days' notice to the Guest or Host if We perceive a risk of non-payment. This will be overridden for guests who can prove extenuating circumstances as outlined in clause 3.16. 

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17.4 Early Check-out and Notice Requirements: Guests wishing to check out before the end of their booking period must provide at least 31 days' notice. During this notice period, the Guest may continue to stay in the Accommodation, provided that all payments are made in full and on time according to the regular payment schedule. Failure to provide the required 31 days' notice will result in liability for an additional 31 days from the date the notice is given. Guests who remain current with payments may stay in the Accommodation during this additional notice period. In cases where extenuating circumstances permit a shorter notice period, the Guest must provide supporting documentation for review in accordance with the terms outlined in this Agreement. This will be overridden for guests who can prove extenuating circumstances as outlined in clause 3.16. 

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17.5 Lead Guest Responsibility:

• The Lead Guest, defined as the primary person who made the booking, is responsible for all Guests listed under the booking. This includes, but is not limited to, ensuring payment of all charges and fees and being liable for any damages caused to the Accommodation. The Lead Guest’s obligations extend to indemnifying the Host and Matched Stay against any losses or claims arising from actions or omissions by any Guest under their booking.

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17.6 Late Payment Policy (Separate from Regular Payment and Check-Out Process):

• Scope of Late Payment Policy: This policy applies to any outstanding payments outside the regular monthly payment schedule, including charges for property damage, missing items, or other fees incurred during Your stay.

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• Interest on Overdue Amounts: If You fail to make a payment for any outstanding amounts by the due date, You will have a 31-day grace period to make the payment. After this grace period, interest will be charged on the overdue amount from the due date until the payment is made in full, whether before or after any court judgment. Interest will be calculated daily at a rate of 3% above the Bank of England's base rate at that time, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

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• Collection Costs: In addition to interest, You will be liable for any fees, costs, or expenses that We reasonably incur in recovering overdue amounts.

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17.7 Credit File Reporting and Legal Proceedings for Outstanding Payments:

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• Statutory Demand: In the event of continued non-payment beyond the grace period for any outstanding amounts, We reserve the right to issue a statutory demand under the Insolvency Act 1986. If a statutory demand is issued, You will have 21 days to satisfy the demand. Failure to do so may result in insolvency proceedings.

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• County Court Judgment (CCJ): If a County Court Judgment (CCJ) is pursued, You will have 14 days to respond, and 28 days to dispute the claim. Failure to respond or dispute may result in enforcement action and the CCJ being reported on Your credit file.

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This clause will be overridden for guests who can prove extenuating circumstances as outlined in clause 3.16. 

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17.8 Host Compensation for Late Guest Payments: Matched Stay will not compensate Hosts for any delays in receiving payments from Guests due to late payment or non-payment by the Guest. Matched Stay's role is to facilitate the transaction between Guests and Hosts, and as such, Matched Stay does not assume financial responsibility for late payments by Guests. However, Matched Stay will take every reasonable effort to recover any outstanding amounts from Guests and will keep the Host informed of the recovery process.​

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17.9 Enforcement of Arbitral Awards and County Court Judgment (CCJ): If a Guest fails to comply with an arbitral award rendered under the London Court of International Arbitration (LCIA) Rules, Matched Stay or the Host, as the prevailing party, may seek enforcement of the arbitral award through the courts of England and Wales. In accordance with the Arbitration Act 1996, the arbitral award can be recognised and enforced in the same manner as a judgment or order of the court.

Upon recognition of the arbitral award by the court, Matched Stay or the Host may pursue a County Court Judgment (CCJ) against the Guest for the unpaid debts. The CCJ will formalise the debt and permit enforcement measures, including but not limited to, bailiff action, attachment of earnings orders, charging orders against the debtor’s property, or issuing a statutory demand under the Insolvency Act 1986. A statutory demand may be issued if the Guest fails to comply with the CCJ, leading potentially to insolvency proceedings if the debt is not paid within 21 days.

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17.10 Costs and Legal Fees: In any arbitration proceedings commenced under this Agreement, the losing party shall be required to pay the reasonable costs and expenses incurred by the prevailing party, including but not limited to arbitrator fees, administrative costs, and legal fees of the prevailing party’s lawyers. The arbitrators shall determine the amount of such costs and expenses to be awarded in accordance with Section 61 of the Arbitration Act 1996, which grants the tribunal discretion to allocate costs as it deems fit unless the parties agree otherwise. The tribunal shall also consider any conduct of the parties that may have unnecessarily increased the costs of the arbitration, as per Section 64 of the Arbitration Act 1996. The arbitrators shall make a determination regarding the costs and expenses in their final award, ensuring that such costs are reasonable and proportionate to the matters in dispute. The obligation for the losing party to pay these costs and expenses shall not affect any right of either party to recover interest on any unpaid costs or fees from the date of the arbitral award, in accordance with Section 49 of the Arbitration Act 1996.

 

17.11 Exclusion from Arbitral Proceedings for Non-Payment of Debt: Notwithstanding any other provision in this Agreement, disputes or claims arising solely from the non-payment of service fees, accommodation fees, or damages owed under the terms of the accommodation shall be expressly excluded from the arbitration process set forth in these Terms. In such instances, Matched Stay and/or the Host reserves the right to pursue direct legal action through the courts of England and Wales to recover the outstanding amounts, including issuing a statutory demand under the Insolvency Act 1986 for debts not paid within the prescribed period, which could lead to insolvency proceedings, or obtaining a County Court Judgment (CCJ) for the unpaid debts.

 

All other disputes or claims that involve ambiguities, require interpretation, or need mediation, including those relating to the terms of the stay, the quality of the accommodation, or other service-related issues, shall continue to be resolved exclusively through arbitration under the LCIA Rules, as specified in this Agreement.

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B. Cancellation Policies

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Long-Term Bookings (30 Days or More)

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• Strict Cancellation Policy:

  • Within 24 Hours of Confirming a Booking: You may cancel Your booking within 24 hours of confirmation for a full refund of the first month's rent. However, the service fees for that month remain non-refundable unless extenuating circumstances apply.

  • If Your Booking is Within 72 Hours: You have 4 hours to cancel Your booking for a full refund. Service fees remain non-refundable.

  • If Your Booking is Within 6 Hours of Check-In: You have 1 hour to cancel for a full refund. Service fees remain non-refundable.

  • More than 24 Hours After Booking and Before Your Check-In Time: If You cancel after the initial 24-hour period but before Your check-in time, the refund of the rent is at the Host’s discretion. Service fees for that month remain non-refundable.

  • Within 48 Hours of Your Registered Check-In Time: After check-in, You have 48 hours to verify that the property matches the listing. If You notify Us within this period with a valid reason according to Our T&Cs, You will receive a full refund of the first month's rent and the service fees.

• Flexible Cancellation Policy:

  • Within 24 Hours of Confirming a Booking: You may cancel Your booking within 24 hours of confirmation for a full refund of the first month's rent. Service fees for that month remain non-refundable.

  • More than 30 Days Before Your Move-In Date: You may cancel more than 30 days before Your move-in date for a full refund of the first month's rent. Service fees for that month remain non-refundable.

  • Less than 30 Days but More than 7 Days Before Your Move-In Date: If You cancel within this period, You will receive a 50% refund of the first month's rent. Service fees remain non-refundable.

  • Less than 7 Days Before Your Move-In Date: If You cancel less than 7 days before Your move-in date without a valid reason, You will not receive a refund. Service fees remain non-refundable.

  • Within 48 Hours of Your Registered Check-In Time: After check-in, You have 48 hours to verify that the property matches the listing. If You notify Us within this period with a valid reason according to Our T&Cs, You will receive a full refund of the first month's rent and the service fees.

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Short-Term Bookings (Less than 30 Days)

• Strict Cancellation Policy:

  • Cancellation Within 24 Hours of Booking: You may cancel Your booking within 24 hours of confirmation. If the check-in is within 72 hours, You have 2 hours to cancel. In both cases, service fees are non-refundable.

  • Cancellation After 24 Hours: If You cancel after the initial 24-hour period, You will receive a 50% refund of the accommodation costs. Service fees remain non-refundable unless extenuating circumstances apply.

  • Extenuating Circumstances: If You can prove extenuating circumstances, You may receive a refund of the service fees.

• Flexible Cancellation Policy:

  • Full Refund: You may cancel Your booking at least 24 hours before check-in to receive a full refund, including the cleaning fee. Service fees remain non-refundable.

  • Late Cancellation: If You cancel less than 24 hours before check-in, You will be charged for each night stayed plus one additional night. Service fees remain non-refundable.

  • Cancellation After Check-In: If You cancel after arriving, You will receive a full refund for any remaining nights of the reservation. Service fees remain non-refundable.

• Moderate Cancellation Policy:

  • Full Refund: To receive a full refund of accommodation fees, You must cancel at least 5 days before check-in. Service fees remain non-refundable.

  • Late Cancellation: If You cancel within 5 days of check-in, the first night's stay and all service fees are non-refundable.

  • Cancellation After Check-In: If You cancel after checking in, You will receive a 50% refund for the remaining nights. Service fees for the full booking and costs for nights already spent are non-refundable.

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Guest Responsibility to Verify Property Condition

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Upon check-in, You are required to verify that the property matches the listing description. You must report any discrepancies or issues within 3 days of Your registered check-in time. To support Your claim, You are required to provide valid photographic evidence showing how the property deviates from the listing description.

If the property significantly deviates from the listing or is otherwise unsuitable, You must notify Us within this period to be eligible for a refund or other remedial action. In line with the Consumer Rights Act 2015, We reserve the right to either provide You with an alternative property of similar quality or issue a refund. The decision to offer an alternative or provide a refund will be at Our sole discretion and will be made based on the availability of similar properties and the nature of the reported issue. If You do not report any issues within this 3-day period, the property will be deemed accepted as-is, and any future claims regarding discrepancies may not be considered.

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Refund Processing

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Refunds will be processed according to the above cancellation policies. Depending on Your payment method and financial institution, it may take several business days for the refund to appear in Your account. Service fees are always non-refundable unless extenuating circumstances apply, which will be determined at Our sole discretion.​

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Disputes and Chargebacks

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If You dispute a charge or request a chargeback through Your payment provider, this process will be governed by Our dispute resolution policy. Please note that initiating a chargeback without first contacting Us to resolve the issue may result in delays or additional charges.

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Termination & Effect of Termination

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This Agreement may be terminated by either party with notice, subject to the terms outlined in this Agreement. Upon termination, all outstanding obligations must be fulfilled, and any ongoing bookings must be honoured.

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Intellectual Property

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All intellectual property rights in the Platform and any content provided by Us remain Our property. You may not use, reproduce, or distribute any content from the Platform without Our express written permission. Additionally, You agree not to reverse engineer, decompile, or disassemble any software or technology underlying the Platform or attempt to recreate, copy, or replicate any proprietary ideas, features, or functionalities of the Platform.

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Data Protection

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We process personal data in accordance with the UK GDPR and the Data Protection Act 2018. Our Privacy Policy, available on the Platform, outlines how We handle Your data.

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Site Security and Technical Issues

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25.1 Security of the Platform: We endeavour to maintain the highest security standards to ensure that the Matched Stay Platform remains secure and free from vulnerabilities. Nevertheless, We do not warrant that the Platform will be entirely secure or free from defects, including bugs, viruses, or other malicious software. It is Your responsibility to ensure that Your technology is appropriately configured to access the Platform, and You are advised to use up-to-date virus protection software to safeguard Your devices.

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25.2 Hacking and Unauthorised Access: You shall not misuse the Platform by knowingly introducing malicious software, including but not limited to viruses, trojans, worms, or logic bombs. Furthermore, You shall not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform. Any such actions will be deemed a serious breach of this Agreement and may result in immediate legal action. Such activities constitute offences under the Computer Misuse Act 1990, which criminalises unauthorised access to computer systems. We reserve the right to pursue damages and report such incidents to relevant authorities.

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25.3 Coding Errors and Bugs: While We make every effort to deliver a seamless experience on the Platform, We cannot guarantee that the Platform will be entirely free from coding errors or bugs. Should You encounter any issues that impair Your use of the Platform, You are required to notify Us immediately. We shall endeavour to rectify such issues promptly. However, We disclaim any liability for any loss or damage arising from such errors, except where such loss or damage is directly attributable to Our gross negligence.

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25.4 Data Breaches: We take the security and confidentiality of Your data with the utmost seriousness. In the event of a data breach that compromises Your personal information, We shall notify You in accordance with Our legal obligations under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. While We implement advanced security measures to protect Your data, We do not guarantee absolute security and are not liable for data breaches resulting from circumstances beyond Our control. You acknowledge that the security of Your data cannot be fully guaranteed by any system.

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25.5 Limitation of Liability for Security and Technical Issues: To the maximum extent permitted by law, We shall not be liable for any loss or damage, whether direct or indirect, caused by viruses, distributed denial-of-service attacks, or other technologically harmful material that may infect Your computer equipment, computer programs, data, or other proprietary material as a result of Your use of the Platform or Your downloading of any content from the Platform or any website linked to it. This includes, but is not limited to, losses related to data corruption, unauthorised access, or interruption of service.

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25.6 Loss of Data: In addition to the aforementioned protections, We explicitly disclaim liability for any loss of data, whether caused by hacking, unauthorised access, system failures, or any other security-related issue. Should a loss of data occur, We will make reasonable efforts to recover and restore such data from the most recent backup. However, You acknowledge and agree that it is Your responsibility to maintain independent backups of any important data. Any claims for loss of data shall be limited to the amount directly related to the affected transaction or booking

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25.7 Ransomware: In the unfortunate event that We become a target of a ransomware attack that compromises Your data, We will take all reasonable measures to regain control and recover the data without yielding to the demands of the attackers. In accordance with the Serious Crime Act 2015, We shall also report any ransom demands to the relevant authorities. We do not accept liability for any loss of data or disruptions to the service resulting from ransomware attacks, except where Our gross negligence directly contributes to the breach.

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Indemnity

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You agree to indemnify Us against any claims, damages, or losses arising from Your breach of this Agreement or any wrongful acts or omissions related to Your use of the Platform or the provision of Accommodation.

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Insurance

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27.1 Minimum Insurance Requirements: You shall maintain, for the duration of this Agreement, public liability insurance, building and contents insurance, and inventory cover with a reputable insurance company. These policies must be specifically tailored for serviced accommodation or holiday let use and provide comprehensive coverage for injury or damage to third parties and their belongings while on the premises.

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27.2 Responsibility for Insurance: It is Your responsibility to ensure that the insurance covers the specific nature of the Accommodation, including the short-term letting arrangements, and that the insurer is notified that the property will be let as serviced accommodation or a holiday let. The insurance must include a minimum damage cover of £500,000 and inventory cover sufficient to replace all items within the Accommodation.

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27.3 Mortgage Lender Approval: Furthermore, You must verify with Your mortgage lender, if applicable, that the property can be used for this purpose and that the insurance is compatible with Your mortgage terms. Failure to obtain the appropriate insurance or to notify the insurer and lender of the property's use may result in a breach of this Agreement.

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27.4 Evidence of Insurance: Upon Our request, You shall supply Us with evidence of such valid insurance cover, including details of the insurer's confirmation that they have been informed of the property's use as serviced accommodation or a holiday let.

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Dispute Resolution

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28.1 Mediation: In the event of a dispute between Matched Stay, the Guest or the Host that cannot be resolved through direct communication, any party may request mediation through a neutral third party. Such mediation shall be conducted under the rules of the London Court of International Arbitration (LCIA). The mediation process will be governed by the LCIA’s Mediation Rules, and the seat of the mediation shall be Birmingham, England. Both parties agree to participate in good faith and to attempt to resolve the dispute amicably before pursuing any further legal action.

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28.2 Mediation Process:

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• Commencement: Initiation of mediation requires a formal written notice by any party to the others, detailing the nature of the dispute.

• Mediator Appointment: Parties have twenty-one days to agree upon a mediator. If no agreement is reached within this timeframe, a mediator shall be appointed by the President of the London Court of International Arbitration (LCIA), in accordance with the LCIA mediation rules.

• Venue: Unless mutually agreed otherwise, mediation will take place in Birmingham, UK, in an environment conducive to resolving the dispute amicably.

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28.3 Arbitration Procedure:

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• Commencement: Should mediation fail to resolve the dispute, any party may initiate arbitration proceedings.

• Incorporation of LCIA Rules: Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which are deemed to be incorporated by reference into this clause.

• Number of Arbitrators: The number of arbitrators shall be three unless otherwise agreed by the parties.

• Arbitrator Appointment Timeline: Each disputing party shall have twenty-one days from the initiation of the arbitration process to nominate their arbitrator. Within this same period, the parties shall endeavour to agree upon the appointment of the third arbitrator. If the parties are unable to reach an agreement on the third arbitrator within the specified twenty-one days, the appointment shall be made by the President of the London Court of International Arbitration (LCIA), pursuant to the LCIA Rules.

• Seat of Arbitration: The seat, or legal place, of arbitration shall be London, United Kingdom.

• Language: The language to be used in the arbitral proceedings shall be English.

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Governing Law: The governing law of this Agreement shall be the substantive law of England and Wales.

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Severability

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If any provision or part-provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement. This clause shall be interpreted and applied in accordance with Section 7 of the Arbitration Act 1996, which ensures that the validity of the arbitration agreement is maintained even if part of it is found to be invalid.

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Reviews and Feedback

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30.1 Guest Reviews: Guests may be invited to provide a review of their stay. Reviews should be honest, accurate, and respectful. Any reviews found to be fraudulent, defamatory, or in violation of Our review guidelines may be removed. We reserve the right to moderate, edit, or delete any reviews that do not adhere to Our standards or that are found to be untruthful or misleading.

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30.2 Host Response: Hosts may respond to Guest reviews to clarify any issues or provide additional information. Hosts are encouraged to address any negative feedback constructively. However, responses must also adhere to the principles of accuracy and respectfulness. Hosts should refrain from personal attacks or defamatory remarks in their responses. Any response that violates these principles may be edited or removed.

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30.3 Accuracy of Reviews: Both Guests and Hosts are reminded that reviews are a critical component of the Platform's credibility and should reflect genuine experiences. We do not tolerate any attempts to manipulate the review system, including but not limited to false reviews, paid reviews, or reviews written by individuals with a conflict of interest.

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Third-Party Rights

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31.1 Third Party Rights: This Agreement does not confer any rights on any person or party (other than the parties to this Agreement) pursuant to the Contracts (Rights of Third Parties) Act 1999, except as expressly provided herein. Family members and direct relations of the parties, as defined in the relevant clause, may have rights under this Agreement only to the extent specifically provided for.

31.2 Rights and Obligations: The rights and obligations of the parties under this clause shall be consistent with the rights of non-parties as recognised under the case of White v. Jones [1995] 2 AC 207, whereby family members and close relations may be considered third parties with enforceable rights under this Agreement, particularly in the context of confirmed bookings and their related obligations.

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Interim Stay and Blocking Out Dates Functionality

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32.1 Interim Stay Functionality: The Platform includes functionality that allows Guests to temporarily check out of Accommodation and return later, effectively "blocking out" dates during their stay. This feature is provided to accommodate flexible travel schedules. Hosts must honour any confirmed bookings, including those made using the interim stay feature, under the Contracts (Rights of Third Parties) Act 1999.

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Confidentiality & Data Protection

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33.1 Both Guests and Hosts acknowledge and agree that all Confidential Information disclosed by Us, either directly or indirectly, in connection with the use of the Matched Stay Platform and Services, shall be kept strictly confidential and shall not be disclosed to any third party except as may be required by law or with Our prior written consent. "Confidential Information" includes, but is not limited to, any business strategies, pricing, marketing data, user profiles, or personal information provided during the course of using the Platform. This obligation to maintain confidentiality shall continue indefinitely beyond the termination of this Agreement.

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33.2 Data Protection Obligations for Guests and Hosts:

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• Lawful Processing: Guests and Hosts shall ensure that any personal data processed (including but not limited to names, contact details, booking information, payment details, and accommodation details) is done so lawfully, fairly, and transparently in accordance with Article 6(1) of the UK GDPR. This includes processing necessary for the performance of this Agreement or compliance with legal obligations.

• Data Minimisation: Guests and Hosts shall only collect and process personal data that is necessary and relevant for the fulfilment of the accommodation booking or any related services. Unnecessary data collection is strictly prohibited.

• Security Measures: Both Guests and Hosts are required to implement appropriate security measures to protect personal data against unauthorised access, loss, or misuse. This includes ensuring that data is securely stored and that any electronic communications, including emails, are conducted over secure channels.

• Confidentiality of User Data: Guests and Hosts agree not to share, disclose, or sell any personal data obtained through the Platform with any third parties, except as necessary to fulfil the booking or comply with legal requirements. This includes refraining from using any personal data for marketing purposes without explicit consent from the data subject.

• Assistance with Data Subject Rights: In the event that a Guest or Host receives a request from another party to exercise their rights under the UK GDPR (e.g., rights of access, rectification, or erasure), they must immediately inform Us and provide all necessary assistance to enable Us to comply with such requests within the statutory time frames.

• Data Breach Notification: Should a Guest or Host become aware of any data breach involving personal data processed under this Agreement, they must notify Us without undue delay, and in any event within 24 hours of becoming aware of the breach. This notification must include sufficient detail to allow Us to meet any obligations under Articles 33 and 34 of the UK GDPR.

• Retention and Deletion of Data: Guests and Hosts agree to retain personal data only for as long as is necessary to fulfil the purpose of the booking and must securely delete or anonymize the data once it is no longer needed or upon termination of this Agreement, unless further retention is required by law.

• International Data Transfers: Guests and Hosts shall not transfer any personal data obtained through the Platform outside of the UK or the EEA unless such transfers comply with Chapter V of the UK GDPR, which may require the use of appropriate safeguards such as Standard Contractual Clauses.

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33.3 Use of Platform Data:

• Guests: Guests are prohibited from sharing their own or others' booking information, contact details, or other personal data acquired through the Platform with third parties, except as necessary to facilitate a booking. Guests must ensure that any third party to whom they disclose personal data is aware of and agrees to maintain the confidentiality of the information.

• Hosts: Hosts shall use personal data provided by Guests solely for the purpose of fulfilling the accommodation booking. Hosts are expressly prohibited from using Guest data for any other purposes, including marketing, unless explicit consent is obtained from the Guest. Hosts must take all necessary measures to ensure that any staff or contractors who access this data comply with the obligations set forth in this Agreement.

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33.4 Indemnity: Guests and Hosts agree to indemnify and hold Us harmless from any claims, damages, or losses arising from their breach of the confidentiality and data protection obligations set forth in this Clause 33. This includes any regulatory fines or penalties imposed as a result of non-compliance with data protection laws.

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33.5 Third-Party Disclosure: Guests and Hosts may only disclose Confidential Information or personal data to third parties with Our express written consent or as legally required. In the event of a legally required disclosure, the disclosing party must promptly notify Us and provide Us with the opportunity to contest or limit the scope of such disclosure.

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33.6 Continuing Obligations: The obligations set forth in this Clause 33 shall survive the termination or expiration of this Agreement for any reason and shall continue to apply to all Confidential Information and personal data handled under this Agreement.