TERMS OF CONFIDENT STAY FOR THE GUEST

These terms govern the Confident Stay Service (“Confident Stay”) provided by Truvi Tehnologies Ltd (“Truvi”) to Guests. These terms may be amended, modified, or updated from time to time at Truvi’s sole discretion. Any changes will be effective immediately upon posting the revised terms. In the event of any material changes that may affect your rights under these terms, we will provide you with reasonable advance notice of such changes and upon such notice, you are responsible for reviewing any changes made to these terms. Continued use of services after the effective date of the changes constitutes to your acceptance to the revised terms.

1. WHAT IT IS

1.1. Confident Stay is designed to come to your rescue and to smooth over would-be hiccups in your planned trip if an In-stay Issue arises regarding your Booking at a Property.

1.2. By purchasing Confident Stay, our team of trusted advisers will work to resolve any In-stay Issues you may encounter during your Booking, subject to terms of this Agreement.

1.3. Confident Stay is not an insurance policy. Any reimbursement is dependent on Truvi’s sole discretion during their review of the In-stay Issue. Travel insurance should be purchased for those unexpected occurrences which do not affect the Property itself so you are financially protected, e.g. sudden illness, damaged luggage.

2. HOW IT WORKS

2.1. When making a reservation at a Property, the Guest has the option to add Confident Stay to their Booking for a one-off fee. Confident Stay can also be added to a Booking after it has been made on the Truvi Platform, but this must be done at least 24 hours before check-in. Confident Stay will not be valid if purchased for any Booking that is due to take place within 24 hours.

2.2. The Guest agrees and acknowledges that:

2.2.1. The one-off fee paid for Confident Stay is non-refundable, unless cancelled within the fourteen (14) day cooling-off period; and

2.2.2. Confident Stay cannot be cancelled after 14 days from when it was added to the Booking and has been paid for. The Guest will need to contact Truvi for the refund to be processed if Confident Stay is cancelled within the 14-day cooling off period.

2.3. Upon purchasing Confident Stay, the Guest shall be eligible for the benefit under the Confident Stay once the Booking has begun. This includes reimbursement for any In-stay Issues, subject to the terms outlined in this agreement.

2.4. If the Guest encounters an In-stay Issue where a Property is deemed inaccessible (as defined in clause 3.1.1), the Guest should first contact the Host through the appropriate channels, such as in-app messaging, email, call. The Host will hopefully be able to resolve the matter for the Guest but if they are unable to reach the Host for any reason or the matter is not resolved within three (3) hours, the Guest should contact us as soon as possible and in accordance with the time limits set out in clause 4. We will then review the issue and subject to the terms, confirm whether the Guest is covered by Confident Stay.

3. WHAT ARE IN-STAY ISSUES

3.1. “In-stay Issue” means the Property is either 1) inaccessible or 2) has a Listing failure that makes it unhabitable.

3.1.1. A Property is deemed inaccessible when: a) the Host fails to provide the Guest with sufficiently clear instructions such that access is impossible; or b) instructions on how to access the Property have been provided by the Host, but the Guest is unable to enter the Property. This could be for any number of reasons, such as someone is present in the Property, the keybox is broken, there is no key within the keybox, etc.

3.1.2. A Listing failure will include:

a) a lower sleeping capacity than declared in the Listing when the Booking was made;
b) broken or seriously damaged key fixtures and fittings, such as a bed;
c) the interior of the Listing is not protected from rain;
d) there is an unexpected animal or pet present at the Property not disclosed when the Booking was made;
e) no electricity or functional lighting;
f) no running water;
g) no hot water;
h) no heating or air conditioning where either has been declared in the Listing;
i) presence of pests;
j) non-functional sewage system;
k) no functional bathtub or shower where either has been declared in the Listing;
l) significant leak or water damage;
m) the inability to secure the building for the Guest’s safety;
n) unsafe electrical wiring with live wires exposed out of walls or ceilings;
o) soiled beds, significant mould on surfaces including but not limited to walls and carpets;
p) no working refrigerator if advertised in the Listing;
q) absence of functional cooking element such as an oven, stove, or microwave if advertised in the Listing; and
r) undisclosed noisy and disruptive building work that is causing disruption to the property outside local working hours.

The following more minor Listing Failures shall not qualify for a full payment by Truvi but may be subject to a reduced Payment in Truvi’s sole discretion and depending on the severity of the Listing Failure:
a) overflowing, unemptied refuse bins;

3.1.3. This list is exhaustive and does not include minor failings, such as a failed light bulb or a window which may be difficult to open.

3.1.4. Each Listing is unique. To safeguard Confident Stay from any misuse, we will meticulously evaluate any In-stay Issues related to unique Listings including but not limited to camping, glamping, eco stays. The assessment will be based on the In-stay Issue raised and the description of the booked Listing to ascertain if the guest qualifies for reimbursement under Confident Stay.

4. IF A IN-STAY ISSUE OCCURS

4.1. If the Guest has not been able to contact the Host and/or the issue remains unresolved three (3) hours after the Guest sought to contact the Host for In-stay Issues, the Guest should take the following steps:

4.1.1. Document the Issue: the Guest should take photos or videos to evidence the serious In-stay Issue they have encountered.

4.1.2. Contact Truvi: the Guest must contact Truvi’s resolutions team within 24 hours. The timeframe begins three (3) hours after the Guest initially contacted the Host regarding the In-stay Issue. There must be at least 12 hours remaining until check-out at the time the In-stay Issue is reported to Truvi. Contact should be made via the designated link found in their Confident Stay confirmation email.

4.1.3. Submission of evidence: through the designated link, the Guest shall submit for review all relevant evidence, including but not limited to communications between the Host and the Guest regarding the In-stay Issues, photographs or videos documenting the In-stay Issue, and proof of booking for alternative accommodation (if applicable).

4.1.4. Review of submission: Truvi’s resolution team will then review the evidence provided by the Guest to, amongst other things:
a) verify the legitimacy of the In-stay Issue;
b) liaise with the Host, as required; and
c) request any missing information, such as further evidence or additional information required.

5. PAYMENT:

5.1. If payment is to be provided under Confident Stay, we shall request and verify the Guest’s bank details and process the payment within 15 Business Days from the date Truvi determines the Guest is eligible for payment under these terms, provided that Truvi has first received and confirmed all required details from the Guest to make the payment.

5.1.1. In-Stay Issues: Truvi may pay up to the amount stated on the Platform at the time of purchase of the Service by the Guest only for the affected days, up to a maximum of fourteen (14) nights, or until the issue is resolved, whichever is sooner. For avoidance of doubt, if the In-stay Issue is resolved prior to the end of the Booking, payment will not be provided for the days of the Booking remaining following the resolution.

5.2. If the Guest is deemed ineligible for a payment under Confident Stay for whatever reason (e.g. due to late reporting), no reimbursement will be made.

6. TRUVI ADJUDICATION SERVICE

6.1. The Host and the Guest will be given an opportunity to submit relevant evidence to the Truvi Adjudication Service before a decision is made.

6.2. The Guest acknowledges and agrees that the decision of the Truvi Adjudication Service is final and binding upon them and constitutes final determination of any Payment due and payable to the Guest in respect of the Booking with Confident Stay.

6.3. This does not impact the right of the Host or the Guest to bring independent legal proceedings in respect of a Booking should they wish to challenge the final decision of the Truvi Adjudication Service.

7. MISCELLANEOUS:

7.1. To the extent Confident Stay is purchased by an Agent or representative of a Guest, it is deemed to be purchased by the Guest and the Agent or representative confirms the Guest’s acceptance to its terms.

7.2. The Guest acknowledges that abuse of Confident Stay or any terms relating to it will result in ineligibility to receive reimbursement.

7.3. Any Payment by Truvi in relation to these terms is discretionary. If we do not remit any Payments, we shall notify the Guest in writing. Our decision to make or not make a Payment is final.

8. GENERAL

8.1. These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales. The Guest agrees to submit to the exclusive jurisdiction of the English courts.

8.2. The unenforceability or invalidity of any clause in these terms shall not have an impact on the enforceability or validity of any other clause.

8.3. Notices under these terms will be in writing and delivered by email. Any notice sent by email will be deemed received eight hours after the email is sent, unless or in the event notification of non-delivery is received.

APPENDIX

INTERPRETATION

1. The definitions and rules of interpretation which apply in this Agreement:

“Booking” means, a confirmed stay;

“Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;

“Guest” means the lead guest who makes a Booking;

“Host” means an accommodation property advertiser who is advertising a Listings on a recognised STR Marketplace;

“Listing” (also “Property”) means any residential property (including but not limited to campervans, boats, mobile homes, and any other impermanent structures);

“Payment(s)” means any payment made by Truvi in relation to these terms;

“Property” see “Listing” definition;

“Platform” means (or “STR Marketplace”) means a recognised short-term rental platform or marketplace, such as (but not limited to) Airbnb, Booking.com or VRBO, also including www.Truvi.com;

“Truvi” means Truvi Technologies Limited and/or any Group Company. Truvi shall also mean Truvi.com and any other Truvi branded websites, web pages, mobile websites (collectively, the “9588615581”), and any mobile applications (the “App”) owned and or operated by Truvi;

“Truvi Adjudication Service” means a mechanism used by Truvi to resolve Confident Stay related issues between Hosts and Guests.

2. Clause, schedule and paragraph headings shall not affect the interpretation of these terms.

3. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.