Terms and Conditions
For using the
StayInIran website and services
StayInIran is the online accommodation booking division of Pouyaneh, an Iranian tourism services development company with office in IRAN (Pouyaneh, 2nd Floor, No 6, Nobonyad Sq. Pasdaran, Tehran, Iran).
These terms and conditions describe how the StayInIran website and services should be used. Please read them attentively and if they are not acceptable to you, you may not access this website or use the services provided by StayInIran in any way or manner. By accessing this website you accept the terms and conditions mentioned herein.
IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. IN MANY PLACES, HOSTS MUST REGISTER AND GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING THEIR PROPERTY (IES) AND/OR ACCEPTING GUESTS. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING THEIR ACCOMODATION ON STAYINIRAN.
These terms and conditions may vary from time to time. Such updates will not require any preliminary notification to any user to be validly implemented. The applicable version of these terms and conditions is determined, according to the circumstances, by the disposals of these terms and conditions. Each user has to refer to the terms and conditions made available on the website to ensure what are his/her obligations when he/she takes any commitment towards StayInIran, any other user or any third party.
TERMS AND CONDITIONS
Last updated on : 2016 Nov 11
1. Applicable Definitions
StayInIran provides an online platform that helps Hosts having accommodations to rent, to connect with Guests seeking rentals of such Accommodations and services (collectively called the “Services”).
The website "STAYINIRAN", consisting of all the contents, graphics, and any other visual objects displayed on www.StayInIran.com and any other websites through which StayInIran makes the Services available shall be collectively called the "Website".
An individual who successfully and totally completes the registration process of StayInIran, including, but not limited to, the Hosts, Guests shall be called a "Registered user".
Any individual, acting on his/her own name or on behalf of any third party, such as an employer, being a Registered user or not, consulting the Website shall be called an “User”.
A residential property available for rental or occupation purposes shall be called “Accommodation”.
A person(s) who creates an advertisement or a listing on StayInIran that offers an Accommodation for rental or occupation purposes shall be called a "Host".
A registered user who requests a booking of an Accommodation from a Host via StayInIran, or through any Service(s) available on the website, or a registered user who has rented or occupied such an Accommodation through StayInIran shall be called a "Guest".
A person invited to be present at an Accommodation by a Guest during his/her stay at the Accommodation shall be called an “Invitee”.
All the text, graphics, images, music, software, audio, video, information, and any other visual objects that StayInIran makes available through the Website shall be called the "ProprietaryContent". This does not include any content(s) produced and posted by Hosts and Guests on StayInIran.
All the text, graphics, images, music, software, audio, video, information, and any other visual objects displayed by a Hosts and Guests on a listing or posting created by him or her on StayInIran shall be called "User Content".
The User(s) Content in addition to StayInIran Content shall be generically called “Content”.
Any applicable transactional tax (es) - such as sales tax (es), value added tax (es) "VAT", goods and services tax (es) "GST", transient occupancy tax (es), tourist or other visitor tax (es), accommodation or lodging tax (es), fees (such as convention centre fees) - that a Host may be required by law to collect and remit to governmental agencies, and other withholding and personal or corporate income tax (es) shall be called "Tax (es)".
Any license(s) or permit(s) that Hosts may be required by law and/or legal authorities to obtain, by the order or decree of any preponed local (legal) authority, or otherwise, to let, or rent any type of accommodation(s) shall be called "License(s)".
The time period (determined by StayInIran at its sole discretion) starting from the time when a booking is requested by a Guest, within which a Host may decide whether to confirm or reject that booking request, as stated on the Website shall be called the "Booking Request Period". Diverse Booking Request Periods may apply in different places.
The comprehensive amount(s) that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation shall be called "Accommodation Fees". The Host establishes at his or her own sole discretion (without any involvement of StayInIran) the amount(s) of such Accommodation Fees. S/he may decide to include, in this amount(s): (i) A cleaning, or any other type of fee allowed by StayInIran, and/or (ii) Taxes that the Host is legally mandated to collect from Guests.
The fee charged by StayInIran to a Host for using the website and its online and offline Services and facilities, and which is calculated as a percentage of applicable Accommodation Fees, shall be called "Host Fees". The fees are displayed when a Host is prompted to confirm a booking request from a prospective Guest.
The fee charged by StayInIran to a Guest for the use of the website's online Services and facilities, and which is calculated as a percentage of the applicable Accommodation Fees, shall be called "Guest Fees". The Guest will be informed about the applicable Guest Fees when he or she sends a booking request to a Host.
The Guest Fees, the Host Fees and the Service Provider Fees shall be called comprehensively "Service Fees".
Altogether, the Accommodation Fees, the Guest Fees, in addition to Taxes (if any) applicable to Guest Fees, shall be called "Total Fees".
An issue that, in StayInIran’s sole estimation, could adversely impact the Guest’s sojourn at the Accommodation shall be called “Justified Accommodation Issue”, and could mean any of the following:
1. The Host does not provide the Guest with reasonable means, such as the keys and/or a security code, to access the Accommodation;
2. The Accommodation differs materially from the description provided by the Host in the listing on the Website, specifically in these characteristics:
a) The physical location of the Accommodation (neighborhood, proximity);
b) The size of the Accommodation, such as the number and size of the bedroom(s), kitchen, bathroom(s), other rooms;
c) Another party, other than the Guest or his/her Invitees, is staying at the Accommodation during the reservation and this was not indicated in the listing;
d) Special amenities or features included in the listing description are not provided or do not function, such as pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or other major appliances), electrical, heating or air conditioning systems;
3. at the time of the Guest’s check-in, the Accommodation:
a) is not generally clean, hygienic and salubrious, or is infested by insects;
b) Does not contain clean bedding, kitchenware and bathroom towels available for the Guest’s use, contrary to what indicated in the listing;
c) Is inhabited by pets not revealed in the listing.
An Accommodation listed on the website by a Host, and booked by a Guest in compliance with these Terms and Conditions, shall be called a “Protected Accommodation” for the purpose of the StayInIran Host Warranty. Vehicles (including, but not limited to, automobiles, scooters, vespas, and motorcycles) or watercrafts (including, but not limited to, boats, yachts, jet skis, inflatable devices and similar craft) do not constitute a “Protected Accommodation” in any event.
The property located at a Protected Accommodation, or within 100 meters thereof, to the extent of a Host’s interest in such a property, shall be called “Protected Property”. This may include, but not be limited to:
1. Real estate property, including new buildings, and additions under construction(s) located at the site of Protected Accommodations, in which the Host has an insurable interest;
2. Personal property that is:
a) Owned by the proprietor of the Protected Accommodation;
b) Not owned by this proprietor, but in his/her custody, and for which he/she has legal liability for physical loss or damage to the property.
The property which is not covered by the StayInIran Host Warranty despite a Host’s interest in such a property, shall be called “Excluded Property”. Such Excluded Property means any of the following:
1. Property that is not in, at, or on a Protected Accommodation, or within 100 meters thereof;
2. Property owned by a party other than the Host and that the Host is not liable for;
3. Currency, money, precious metal in ingots form, notes, or securities;
4. Animals, including, but not limited to, livestock and pets;
5. Vehicles (including, but not limited to, automobiles, scooters, vespas and motorcycles) stationed or in transit at the Protected Property;
6. Watercrafts (including, but not limited to, boats, yachts, jet skis, inflatable devices and similar craft) and aircrafts stationed or in transit at the Protected Property;
7. Flowers, standing timber and growing crops;
8. Underground mines, mine shafts, or any property within such a mine or a shaft;
9. Dams, drains, conduits and earthworks;
10. Transmission and distribution lines beyond 100 meters of the Protected Accommodation;
A Guest who has booked a Protected Accommodation and has, directly or indirectly, caused damage(s) to the said Accommodation while occupying it, shall be called “Liable Guest”.
The amount incurred to repair or replace any damaged or destroyed protected property, which may include the material and quality, but which shall not include obsolescence and physical depreciation, shall be called “Actual Repair Value”.
Paintings, engravings, pictures, printed photos, tapestries, rare or art glass, art glass windows, valuable rugs, sculptures, antique furniture, ornaments, porcelains, and similar items of rarity, historical value, or artistic merit shall be called “Arts”.
A direct physical loss or damage to a Protected Property beyond ordinary wear and tear (the deterioration of property occurring due to normal conditions of use), incurred by a Host and caused by a Liable Guest, or an Invitee of the Liable Guest, shall be called a “Protected Damage”. Any Protected Damages amount(s) shall be recoverable by StayInIran Service from the Liable Guest, on behalf of the Host and under the StayInIran Host Warranty terms.
If you have filed a StayInIran Host Warranty Payment Request Form for a Protected Damage, and such a payment request is approved by StayInIran, in whole or in part, as calculated by StayInIran’s insurer(s), any such approved payment request shall be called an “Approved Settlement”.
2. Description of service
StayInIran provides an online platform through which Hosts can create listings for Accommodations, and Guests seeking rentals can learn about such Accommodations and book them directly with Hosts (hereafter defined as the “Services”).
STAYINIRAN CANNOT AND DOES NOT CONTROL THE CONTENT(S) CONTAINED IN ANY OF THE LISTINGS, THEIR CONDITION(S), LEGALITY, OR SUITABILITY PERTAINING TO ANY ACCOMMODATION(S) AVAILABLE ON STAYINIRAN. FURTHERMORE, STAYINIRAN DOES NOT HOLD ITSELF RESPONSIBLE AND DISCLAIMS ANY AND ALL LIABILITY (IES) RESULTING FROM THE HOSTING OR DISPLAY OF ANY KIND OF LISTING(S) DESCRIBING ANY TYPE OF ACCOMMODATION(S) ON IT. THE GUEST WILL BOOK ACCOMODATION(S) AT HIS/HER OWN RISK.
StayInIran is not an owner, operator or provider of properties, including but not limited to hotel rooms, motel rooms, other lodgings or accommodations, excursions, sight-seeing visits, sport activities, Furthermore, StayInIran does not:
1. Own, sell, resell, furnish, provide, rent, re-rent, manage, and/or control properties, including but not limited to hotel rooms, motel rooms, other lodgings, or accommodations;
2. Offer, sell, resell, provide, manage, and/or control tourism services, including but not limited to excursions, sight-seeing visits, sport activities, other tourism services.
Unless explicitly specified otherwise by StayInIran, StayInIran’s responsibilities are limited to:
a) Facilitating the availability of Services and
b) Serving as a limited payment collection agent for Hosts with the purpose of accepting payments from Guests on behalf of Hosts.
StayInIran is not party to any agreement(s) entered into between Hosts and Guests, NOR IS STAYINIRAN A REAL ESTATE BROKER, AGENT, OR INSURER. StayInIran has no control over the conduct of Hosts, Guests and other users of StayInIran Website and its Services, or over any Accommodation or Tourism Service listed on the Website. STAYINIRAN DISCLAIMS ALL LIABILITY (IES) IN THESE REGARDS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
3. General disclaimer of rights and limitations of liability
The principles described in the general disclaimer of rights and limitations of liability are further elaborated in the rest of the document. The content of this section 3 is not by itself the sole disclaimer applicable by StayInIran to each and any User, whatever the use such User does of the Website.
1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE, THE AND SERVICE THE STAYINIRAN HOST WARRANTY ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT STAYINIRAN MAKES NO WARRANTY THAT THE STAYINIRAN HOST WARRANTY SHALL MEET ANY, OR ALL, OF YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STAYINIRAN OR THROUGH THE STAYINIRAN WEBSITE, OR SERVICES, SHALL CREATE OR OFFER ANY WARRANTY (IES) NOT EXPRESSLY STATED HEREIN.
3. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED BY THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW.
4. THE WEBSITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT.
b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE (WITH THE EXCEPTION OF THE HOST WARRANTY DESCRIBED FURTHER ON).
c) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE.
d) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
e) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY
f) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE (WITH THE EXCEPTION OF THE HOST WARRANTY DESCRIBED FURTHER ON).
5. THE WEBSITE DOES NOT WARRANT, ENDORSE, WARRANTY, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
IN NO EVENT SHALL THE WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF the Website HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
4. Acceptance of terms and conditions
This Website is intended only for adults. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and in general you have such capacity and competency required by the applicable law to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in these terms and conditions, and to abide by and comply with them.
NOTICE TO CHILDREN UNDER THE AGE OF 18 AND THEIR PARENTS OR GUARDIANS
1. If you are under the age of 18, YOU MUST NOT USE THIS WEBSITE.
(i) Please do not send us your personal information, including your email addresses, name, and/or contact information.
(ii) If you want to contact us, you may only do so through your parent or legal guardian.
By using StayInIran or any of its Services, you accept and agree to comply with the terms and conditions mentioned herein, WHETHER OR NOT YOU HAVE REGISTERED WITH STAYINIRAN. In addition, while using a portion of, or the entire Service, you agree to abide by any applicable guidelines for the Service posted herein which may be updated on the Website at any time by the owner(s) of the Website, at their sole discretion. The Website may send you notice(s) regarding any change(s) occurring on the website, including its terms and conditions in the case of disputes.
You understand and accept that you are solely responsible for reviewing these terms and conditions from time to time. Should you object to any of the terms and conditions, any guideline(s), or any change(s) incorporated into the terms and conditions now, or at a later date, or if you are unhappy with the Website in any way, you should immediately discontinue accessing or using the Website, its Services and Combined Content.
If you accept or agree to these terms and conditions on behalf of a company or any legal entity, you represent and warrant that you have the authority to bind that company, or such legal entity, to these terms and conditions. In such an event, “you” and “your” will refer to, and imply, that particular company or legal entity.
1. You, as a User, agree and acknowledge that the Website does not control and is not responsible for any content posted by users using its Service(s), such as advertisements, contact or directory information, business listings/information.
The Website does not control and is not responsible for any messages exchanged between users in any form, whether through this Website and Service or other means of electronic communication, including without limitation e-mails outside the Website’s message exchange system, or any other third-party website, or any listings, comments, user postings, files, images, photos, video, sounds, business listings/information, contact and directory information, or any other material made available through the Website and the Service ("Content").
2. You, as a User, agree and acknowledge that:
a) The Website does not pre-screen, verify, or approve any of the Content(s), and holds the right, in its sole and absolute discretion, to refuse, delete, or move any of the Content(s) that may be made available through its Service which may violate the terms and conditions for any reason(s), or alternatively or no reason at all.
b) The website does not confirm or endorse any Registered User, including the registered user’s identity or background. Any reference(s) about a "Verified" Registered user on StayInIran, or in its Service(s) indicates only that such a Registered user has successfully completed a relevant verification process(es) on StayInIran, and nothing else. Such a reference is not an endorsement, certification, or a Warranty by StayInIran. StayInIran does not Warranty about the Registered User's identity to be trustworthy, safe, or proper in the event the Registered User is verified. StayInIran offers the verification process, in addition to any of Registered User's details, for the sole purpose that any Host, Guest, or any other registered user can gain an indication about the registered user's identity and background. StayInIran encourages all Hosts, Guests and Registered Users alike to carry out personal background check(s) as deemed fit before entering into any mutual transaction.
c) By using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable;
d) You are responsible for evaluating and using any content appearing on the Website, and that you may not rely upon the said content;
e) Under no circumstances shall the Website be held responsible for any loss or damage of any type or kind incurring due to the usage of any Content listed, advertised, or otherwise made available via the Service, with the exception of the Host Warranty;
f) The Website, and the Content(s) made available through it may contain links or redirection facilities to third-party website(s) ("Third Party Websites") which may or may not be unrelated to the Website;
g) The Website makes no representation, nor does it Warranty the accuracy or authenticity of any information or content(s) displayed on such Third Party Website(s), and in addition disclaims all liabilities, and does not take any responsibility for the links created, updated, or removed by you.
h) If you link to any Third Party Websites, your activity may be subjected to the terms and conditions, in addition to any applicable policies, of the said Third Party Website;
3. You, as a User, agree and acknowledge that:
a) The Website expressly disclaims any and all liability (ies) in connection with the User Content(s);
b) You are solely responsible for the Content(s) posted, transmitted, or linked by you using the Website and its Services. More specifically, you are solely responsible for all the Content(s) that you upload, email, or otherwise make available via the Service;
c) You are solely responsible for any consequences arising from the posting, transmitting, linking, and publishing of the Content originated by you on the Website;
d) In conjunction with such Content(s) posted, transmitted, or linked, by you from the Service, you hereby affirm, acknowledge, represent, and warrant that:
(i) You own, or possess all the necessary licenses, rights, consents, and permissions required to use the Content(s) made available on the Service and Website, including without any limitation(s), all the patents, trademarks, trade secrets, copyrights, or other proprietary rights required for using and/or displaying the said Content(s) on the Website;
(ii) You authorize the Website to use such Content(s) in any manner decided by the Service, and/or the Website;
(iii) You have written consent, release, and/or permission of each and every identifiable individual(s), person(s), or business (es) in the Content to use the name, or likeness, of each and every such identifiable individual person(s) or business (es) to enable inclusion and use of said Content(s) in the Service and Website according to these terms and conditions.
e) The Website may offer a video service to you if you upload image(s)/photograph(s) for your advertisement. By uploading your image(s)/photograph(s), you hereby irrevocably consent to the use of your image(s)/photograph(s) for this service, and warrant that you possess all the rights, title, and interest(s) necessary to upload and use the photographs on this service. While offering the Service, the Website may at its discretion create video(s) and/or photograph(s)/image(s) from your Content(s) and upload the same using any third party service provider.
4. You, as a User, agree and acknowledge that, by submitting the Content to the Website, you grant StayInIran an irrevocable, non-cancellable, perpetual, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the Content in connection with the Website, Service and business. These rights are required by the Website in order to Host and display your Content(s).
5. You, as a User, agree and acknowledge that, by posting your Content(s) within any public area of the Service, you grant each user of the Website a non-exclusive license to access your Content(s) through the Website. The foregoing license made available to each user terminates once you remove or delete any such Content from the Website.
6. You, as a User, agree and acknowledge that:
a) The Website does not endorse any Content, or any opinion, statement, recommendation, or advice expressed on or through its site and Service(s);
b) The Website does not allow the infringement of any intellectual property rights on or through its site and Service(s). It may, at its sole discretion, remove or delete any such infringing Content(s) if properly notified that such Content(s) infringe another entity's intellectual property rights;
c) The Website retains the right to decide, at its sole discretion, whether any Content is appropriate, and whether it complies with the terms and conditions for violations such as, but not limited to pornography, obscene, libelous, defamatory material, infraction to the disposals of section 6(f) of these terms and conditions, or excessive length(s);
d) The Website at its sole discretion may remove any Content(s), and/or terminate or limit any user's access to the Website, for uploading material or engaging in behaviors which may violate these terms and conditions at any point of time without giving any prior notice(s) to the user.
e) You are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such a usage. You shall immediately notify StayInIran of any unauthorized usage of your StayInIran Account.
6. User conduct – General conditions applying to all Users
These general conditions apply to all Users, Registered Users, Guests and Hosts and to all categories of Users or Registered Users existing or to be created. In case of contradiction between these general conditions and particular conditions applying to a certain category of Users, the relevant particular conditions will prevail for such particular Users. In case of contradiction of any general or particular condition and the disposals of section 3 of these terms and conditions, this section 3 will prevail.
You do not need to register in order to consult the Website, however you must register with StayInIran and become a Registered User to post your listings for accommodations or request a booking of listed accommodations or services.
If you choose to use the Website as an anonymous user by not registering, you will be able to consult listings and content, but will not be able to post your own listings or make any booking for offered accommodations or services.
As a Registered user you shall agree to provide correct, genuine, current and complete information during the registration process, and to update such information in order to maintain it correct, genuine, current and complete.
As a user of the StayInIran Website and Services, you shall agree and undertake to:
a) Not register for more than one active StayInIran Account at any given time, or register for an StayInIran Account on behalf of an individual other than yourself;
b) not post, email, or otherwise make available any Content that may violate any applicable law, or which may be copyrighted, patented, or protected by trade secret or trademark, or otherwise subjected to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post your Content on the website, and grant the website all of the licensing rights granted herein. The user shall not infringe any of the above-mentioned intellectual property rights of any party(ies), or use Content s/he does not have the right to make available under any law, or under contractual or fiduciary relationships;
c) Not post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from the Website;
d) Not violate any applicable law or regulation, or any order of a court, including, without limitation, licensing requirements, zoning restrictions and Tax regulations;
e) Not include personal or identifying information about another person(s) without that person's explicit consent. The user shall not impersonate any person or entity or falsely state, or otherwise misrepresent an affiliation with a person or entity:
f) Not post any Content that is harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic, libelous, invasive with respect to any individual, group(s), or organization(s)'s privacy or other rights, nor harm or hurt minors in any way. The user shall not harass, degrade, intimidate, or exhibit hateful behavior toward an individual, or a group of individuals, on the basis of religion, political or philosophical opinion, gender, sexual orientation, race, ethnicity, age, or disability;
g) Not provide information that is false, deceptive, misleading, deceitful, miss informative or constitutes a fraudulent offer. The user shall not mention or use misleading phone numbers or contact details, forged headers, or otherwise manipulated identifiers in order to disguise the origin of the Content transmitted through the Service;
h) Not post any Content that advertises any illegal services or the sale of any item(s) which is prohibited or restricted by applicable law;
i) not engage in any activity which may constitute or contain any forms of advertising or solicitation, or collect or store any personally identifiable information about any other user, other than for the purposes of transacting as an StayInIran Host or Guest;
j) Not use the Site, Services, or the Content for any commercial or other such purpose(s) that are not expressly permitted by these Terms;
k) Not post any content that includes links to commercial services or Third Party Websites, except as specifically allowed by the Website;
l) Not engage in activities which constitute or contain pyramid schemes, affiliate marketing, link referral code, junk mail, spam, chain letters or unsolicited advertisements of a commercial nature;
m) Not attempt to gain unauthorized access to computer systems owned or controlled by the Website or engage in any activity that disrupts or diminishes the quality of interferes with the performance of or impairs the functionality of the Service or the Website;
n) not post any Content that contains software viruses, computer code, files, programs, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
o) Not copy, store, or otherwise access any information contained on the Site, Services, or Content for purposes not expressly permitted by these Terms;
p) not try to disrupt the normal flow of information flow with an excessive number of messages to the Service, or carry out any activity that can otherwise negatively affect other users' ability to use the Service;
q) not collect personal data about other users or entities for commercial or unlawful purposes, use automated means, including spiders, robots, crawlers, data mining tools to download or scrape data from the Service, except for internet search engines (e.g. Google) and non-commercial public service entities;
r) Not use any form of automated device or computer program to collect information from or otherwise interact with the Site, Services, or Content;
s) not use any automated device or software that enables the submission of automatic postings on the Website without human intervention (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals;
t) Not use third-party agents, services, intermediaries that offers to post Content to the Service on behalf of others without the express written permission of the Website;
u) not use, display, copy the Site, Services, or Content, or any individual element within, StayInIran’s name, any StayInIran trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Services, without StayInIran’s express written consent;
v) not attempt to bypass, deactivate, evade, remove, impair, descramble, or otherwise circumvent any technological measure implemented by StayInIran, or any of StayInIran’s providers, or any other third party (including another user) to protect the Site, Services, or Content;
w) Not attempt to decrypt, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application, or Collective Content.
Booking and payment process
When a booking is requested via StayInIran, the website will share with the Host:
1. The first and last name of the Guest requesting the booking;
2. Guest’s passport scan.
If the Host confirm a booking, StayInIran shall send an email or text message to the Guest, the Host confirming such a booking request.
StayInIran shall collect the Booking Fees when a Host confirm a booking request. An amount equivalent to:
Shall be paid to the Host within 24 hours after the Guest takes possession of the Accommodation (with the exception that a refund shall be paid to the Guest in the event of a booking cancellation).
The time taken for the Host to receive the booking amount will depend upon how quickly the payment system selected by the Host shall deliver the payment. Online payment system providers may charge a fee for each transaction carried out using their services, and such service fees may be deducted from the amount due to the Host. Except as otherwise stated herein, Host Fees are non-refundable.
StayInIran may, in its sole discretion, round up or down amounts due to/from Hosts or Guests, in the currency in which the due payment is denominated (e.g. to the nearest euro or other supported currency); for example, StayInIran will round up an amount of € 101.50 to € 102.00, and € 101.49 to € 101.00.
StayInIran may impose or deduct foreign currency processing costs on or from any payments or payouts by StayInIran in currencies other than Dollar. More information on any such costs or deductions will be available on the website.
If you owe any amount to StayInIran as a Host, a Guest, StayInIran may select to deduct the outstanding amount from any payment(s) to be made to you. In the event StayInIran does deduct such an amount owed by you in this manner, your obligation to repay StayInIran shall be considered as null and void with respect to the deducted amount.
Host – Particular conditions applying to Hosts
You need to be a Registered User to create Listing(s) on StayInIran. While creating a Listing as a Host, you will be required to provide information concerning the particular property you want to offer. The information can include details such as location, size, occupancy limit, features, availability, pricing, accommodation rules and financial terms. To advertise a Listing on StayInIran, the Host should provide a genuine physical address. Once successfully registered, the Listing will be made available to StayInIran visitors and Registered Users through the Services. Other Registered Users can book your Listing(s) using the facilities and Service(s) made available on StayInIran.
Each Host shall agree:
1. To engage StayInIran as limited payment collection agent, solely for the purpose of accepting the payment of the Accommodation Fees from Guests;
2. that payments made by a Guest through StayInIran shall be considered the same as a payment made directly to the Host, and the Host will make the Accommodation available to the Guest in the agreed-upon manner as if the Host had received the Accommodation Fees first-hand;
3. That StayInIran may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Accommodation Listing:
a) Allow the Guest to cancel the booking
b) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy;
4. That as StayInIran accepts payments from Guests as the Host’s limited payment collection agent, StayInIran’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests;
5. StayInIran does not Warranty payments to Hosts for amounts that have not been successfully received by StayInIran from Guests;
6. In accepting appointment as the limited authorized agent of the Host, StayInIran assumes no liability for any acts or omissions of the Host.
As a Host, you shall understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services, and the Content.
In connection with your use of the Site, Services, and Content, you shall agree and undertake to:
1. Not offer any Accommodation(s) that you do not yourself own, or have permission(s) to rent as a residential or any other type of property. Without limiting the foregoing, you will not list Accommodation(s) as a Host if you are serving in the capacity of a rental agent or a listing agent for a third party;
2. not offer any Accommodation(s) that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
3. Not contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Website and Services;
4. not use the Site, Services, or Content to find a Guest and then complete a booking of an Accommodation independently of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to StayInIran’s provision of the Services, or for any other reasons;
5. Not submit any Listing(s) with false or misleading price information, or submit any Listing(s) with a price that you do not intend to honor;
6. Declare that once a Guest books your Listing(s), you shall not charge a higher amount than the booking amount declared with the Listing.
As a Host, you acknowledge and agree that:
1. You are responsible for any and all Listing(s) you create on StayInIran;
2. Any Listing(s) posted by you, and all activities related to its booking thereafter shall:
a) Not Breach any agreement(s) you have made with any third parties such as homeowners association and condominium associations;
b) Honour any existing lease or rental agreements;
c) comply with all applicable laws such as licensing laws, zoning laws, laws governing rentals of residential and other such properties and Tax laws, in addition to rules and regulations that may apply to any Accommodation(s) included in the Listing(s) created by you on StayInIran;
d) Not create, or give rise to, any conflict(s) that can infringe any of the legal rights possessed by third parties.
3. Furthermore, you also declare that you possess all required permits, licenses, and registrations required to post your Accommodation on StayInIran;
4. StayInIran does not currently charge fees for the creation of Listings, however it reserves the right, in its sole discretion, to charge you for and collect from you fees for the creation of Listings. Please note that StayInIran will provide notice of any Listing fee collection via the Website and Services, prior to implementing such a Listing fee feature.
StayInIran does NOT take any responsibility (ies), either direct, indirect or shared with the Host, regarding a Host's compliance with any agreements made with third parties, applicable laws, tax obligations and rules and regulations.
If you rent (rather than own) the accommodation that you list as a Protected Accommodation, you shall remain fully responsible for securing the Lessor’s permission to list the accommodation on StayInIran, and comply with the terms and conditions as set forth by the Lessor. In addition, you shall ascertain and verify that you possess all required license(s) to rent the accommodation before you list it on StayInIran.
StayInIran does not function as an insurer, a real estate agent or as a contracting agent, for any Host. If a Host receives a booking from a Guest, StayInIran will not be a party to any agreement(s) carried out by the Host and the Guest. Notwithstanding the foregoing, StayInIran shall function as the designated and authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts as stipulated by the Host (including deposits, cleaning or other fees and/or Taxes).
StayInIran makes certain Service (s) available to Hosts to help them undertake informed decisions regarding which registered user should be selected for the Accommodation booking. While creating a Listing on StayInIran, you may choose to include certain requirements that must be fulfilled by Registered Users who desire to request a booking of your Accommodation. Such requirement(s) may include Registered Users to provide a Passport's scan and/or a verified email address to book the Accommodation. Any Registered user desiring to book your Accommodation shall fulfil such requirements. Additional information regarding Accommodation booking can be found on the “Host” section of the StayInIran website.
Hosts may choose to include security deposits in their Listings (“Security Deposits”).
Each Listing will describe whether a Security Deposit is required for the given Accommodation. StayInIran shall not be held responsible for administering or accepting any claims on behalf of the Host(s), and furthermore disclaims any, and all liabilities arising in this regards.
As a Host, you acknowledge and agree that:
1. you are solely responsible for the selection or rejection of booking requests by Registered user(s); you assume solely all and any liabilities, including towards StayInIran for all and any consequences of such a rejection, including but not only, if this rejection is done in contradiction to the disposals of section 6(f) of these terms and conditions;
2. You are responsible for, and represent, any individual(s) currently residing at the Accommodation(s) (if such is the case) described in the Listing(s) created by you, with the exception of Guest(s), and, any or all individuals invited by the Guests;
3. you, and NOT StayInIran, shall be held solely responsible for honouring any booking(s) you have confirmed, and making the Accommodation(s) available to the Guest(s) according to the quality advertised in the listing.
StayInIran recommends that Hosts should obtain appropriate insurance(s) before listing their Accommodation(s) on StayInIran. Moreover, Hosts should review existing insurance policy (ies) and become familiar with them, understand what the exclusions are, identify what deductibles are mentioned in the policy (ies) and how they are applicable, and ascertain that the policy (ies) includes any Guest(s) who will rent the Accommodation described in the Listing.
StayInIran may offer certain services to Hosts to have their Accommodation(s) photographed, and such photographs may be included in the Listing(s) after being watermarked with text like "StayInIran.com Verified Photo", or “Verified Image”, or any such text decided by StayInIran. You acknowledge and agree that all the images, photographs, and content(s) created by photographers mandated by StayInIran shall constitute StayInIran Proprietary Content, regardless of whether the Host includes them in Listing(s) or not.
StayInIran reserves the right to ask Hosts to visit and inspect the Accommodation(s) Listed by them on the website to evaluate their conditions at their sole discretion and expense. If any Host fails to meet the required quality standards, as declared by StayInIran, with regards to the Accommodation(s) Listed by him or her, StayInIran, at its sole discretion, may delete such Listing(s) not fulfilling the quality standards. Furthermore, StayInIran's right to make inspections, the actual process of carrying out the inspection activity, and any analysis, advice, or result concluded thereafter, does not constitute a Warranty, and neither do such activities by StayInIran suggest that the particular Accommodation may be safe or recommended. StayInIran indemnifies itself from any liabilities arising out of the inspection process, and also its failure to inspect any or all Listing(s) made available on the website.
As Host, you shall acknowledge and agree that:
1. You should make yourself, or a delegated third party, available during the 24-hour period following the Guest’s check-in, in order to try, in good faith, to resolve any eventual issues encountered by the Guest with the Accommodation;
2. If a Guest experiences a justified Accommodation Issue while sojourning at one of your listed properties, StayInIran might, at its sole discretion, decide to reimburse the Guest, in total or in part, the fees he has paid in connection with the applicable reservation;
3. If the Guest is transferred to an alternative Accommodation, you may be responsible for reasonable additional costs incurred to relocate the Guest to the alternative Accommodation;
4. You shall agree to reimburse StayInIran the amount refunded to the Guest plus any eventual portion of the relocation costs attributable to you, within 30 days of StayInIran’s request;
5. The rights of the Guests in case of under justified Accommodation Issue supplant the cancellation policy established by the Host;
6. All decisions of StayInIran with respect to justified Accommodation Issue shall be final and binding on the Guests and the Hosts;
7. In the event of one or repeated justified Accommodation Issues, StayInIran may decide to apply penalties to you or your Listing, including (i) publishing a review on your Listing indicating that justified Accommodation Issues were experienced, (ii) cancelling future bookings, (iii) suspending or removing the listing of the Accommodation, or (iv) imposing penalties or fees for the administrative burden associated with the justified Accommodation Issue (to be withheld from your future pay-outs). You will be notified of the situations in which a penalty applies;
8. If you disagree that there has been a justified Accommodation Issue you may inform StayInIran in writing or via telephone (see How to Contact StayInIran section), providing information (photographs and/or other evidence) to contest the Guest’s claims regarding the occurring of the Accommodation Issue. You must however substantiate that you have used reasonable and good faith efforts to try to resolve the claimed Accommodation Issue with the Guest prior to contesting his/her claim.
If, as a Host, you cancel a confirmed booking made via the Website and Services, prior to the beginning of the Guest stay in your Accommodation:
1. StayInIran will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation;
2. StayInIran will charge you a processing fee of 15% of the total value of the reservation:
3. StayInIran may decide to apply penalties to you or your listing, including (i) publishing a review on your Listing indicating that a reservation was cancelled, (ii) showing your Listing as not available for the period of the cancelled booking, or (iii) imposing a cancellation fee to be withheld from your future pay-outs. You will be notified of the cases in which a cancellation fee applies before you decide to cancel.
In certain circumstances, such as the ones described as justifiable circumstances for cancellation or in case of breach of these Terms and Conditions, StayInIran may decide, in its sole discretion, that it is required or appropriate to cancel a confirmed booking made via the Site and Services. StayInIran may also determine, in its sole discretion, to refund to the Guest all or part of the amounts charged to the Guest in accordance with the Guest Refund Policy. You agree that StayInIran and the relevant Guest or Host will not have any liability for such cancellations or refunds.
In some instances, for example in the event of long-term bookings for a sojourn of more than 28 days, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). If Recurring Payments apply to a confirmed booking, then the Guest authorizes StayInIran, on behalf of the Host, to collect the Total Fees and the Host agrees that such StayInIran entity will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, as identified on the Website and Services. Whenever applicable, more information on Recurring Payments will be made available via the Website and Services.
You understand and acknowledge that commanded governmental agencies, departments or authorities (the “Tax Authorities”) where your Accommodation is located may require Taxes to be collected by Hosts from Guests on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authorities. The laws in jurisdictions may vary, but these taxes are generally required to be collected and remitted as a percentage of the rent or Accommodation Fees set by Hosts, as a fixed amount per day, or in other forms, and are sometimes called “sojourn taxes,” “hotel taxes,” “lodging taxes,” “sojourn taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, "Sojourn Taxes").
As a Host, you must acknowledge and agree that you are solely responsible for:
1. Determining your applicable Tax reporting requirements;
2. Determining the Tax amount(s) or obligations relating to applicable Taxes that should be included in the Listings;
3. Including the Tax amount(s) to be collected in Listings;
4. Remitting to the relevant authority any Tax (es) included or received by you;
If, as a Host, you claim the intent to donate a portion of the funds you receive from confirmed bookings made via the Website and Services to a particular cause or charity, you are solely and fully responsible for your own compliance with all laws and regulations applicable to such donation(s). StayInIran does not take any responsibility (ies) or liability (ies) for any such donation(s) made by the Host.
Guest – Particular conditions applying to Guests
Booking an Accommodation
If you are a Guest, you understand and agree that StayInIran does not endorse any Host(s), or Accommodation(s). When photographs or images of an Accommodation are designated as verified on StayInIran, it does not suggest or imply that StayInIran is recommending or endorsing that particular Listing(s) or Host(s). The image content(s) are meant exclusively to provide a visual representation of the listed Accommodation(s), and all image content(s) should be intended for the purpose mentioned. Furthermore, the image content(s) convey the status of the Accommodation(s) at the time of the image/photograph has been taken, and StayInIran does not Warranty the status or description of the Accommodation(s) at any subsequent time, and in particular when eventual bookings might be requested or confirmed. StayInIran may carry out additional checks and initiate process (es) to verify the identities of Hosts and Guests, or the status of the Accommodation(s), at its discretion.
As a Guest, you are authorized by your national law and/or the law of your country of residence, to enter and travel IRAN, and to make transactions in the country where you consider to go or with economic operators based in IRAN.
As a Guest, you are solely and fully liable for the obtaining and keeping of relevant travel authorizations, visas, travel documents, vaccinations or others, required for yourself and your Invitees, either to leave your country of departure and to enter in IRAN; StayInIran is not responsible for the establishing, emitting or delivering any documentation such as invitations letters or others, to be established, when relevant, by the Host in a way to let the Guest obtaining the appropriate visas.
As a Guest, you acknowledge and agree that:
1. You shall not request or book a stay at any Accommodation(s) if you do not intend to actually stay or occupy the Accommodation yourself, unless StayInIran explicitly permits otherwise;
2. You shall not contact a Host for any purpose other than asking a question related to a booking, such Host’s Accommodation(s) or Listing(s);
3. If you, as a Guest, choose to engage into a transaction with a Host for booking an Accommodation, you will consent to any terms, conditions, rules, and restrictions stated in the Listing by the Host;
4. You, and not StayInIran, will be held responsible for fulfilling the obligations of any such agreement(s), and that StayInIran shall not be a party to such an agreement(s);
5. With the exception of its payment obligations hereunder, StayInIran disclaims all liability arising from, or related to, any such agreement(s) carried out by you (the Guest) and the Host;
6. Notwithstanding the fact that StayInIran is not a party to the agreement between you and the Host, StayInIran shall act as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host;
7. The Total Fees payable (Accommodation Fees plus Guest Fees) and eventual applicable Security Deposit, will be displayed to the Guest before the Guest sends a booking request to a Host;
8. As stated above, the Host is required to either confirm or reject the booking request within the Booking Request Period, failure to which the requested booking shall be automatically cancelled;
9. If a booking is not confirmed by the Host, any amounts collected by StayInIran from the Guest shall be refunded;
11. StayInIran shall collect the Total Fees in accordance with these terms and conditions, the pricing terms mentioned in the applicable Listing and the payment method selected by you on the Website;
12. StayInIran has no control over, and disclaims all liabilities arising due to any fees charged to a Guest, by his or her bank, with regards to StayInIran’s collection of the Total Fees from the Guest;
13. Upon your payment of Booking Fees to StayInIran Payments, your payment obligation to the Host for the Accommodation Fees shall be considered null and void, and StayInIran shall be held responsible for remitting the due amount (Booking Fees out of Host Fees) to the Host. In the event that StayInIran does not remit any such amount(s) as described in the terms and conditions, the Host shall have recourse only against StayInIran;
15. Once your booking is confirmed and the transaction executed, you shall receive a confirmation email summarizing your booking confirmation.
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived.
You acknowledge and agree that:
1. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation;
2. in the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you will pay the cost of replacing the damaged items with equivalent items, being reminded that the local courts may have to know of such acts and omissions, and would settle them in accordance with the local laws;
3. StayInIran reserves the right, in its sole discretion, to make a claim under your tenant’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for, to an Accommodation or any personal or other property located at an Accommodation, during your rental of the Accommodation: such claim may include without limitation amounts paid by StayInIran under the StayInIran Host Warranty;
4. You shall cooperate with and assist StayInIran in good faith, and provide StayInIran with such information as may be reasonably requested in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the StayInIran Host Warranty) or with respect to any investigation undertaken by StayInIran or a representative of StayInIran regarding use or abuse of the Site or Services;
5. You shall cooperate with and assist StayInIran in good faith, and provide StayInIran with such information as may be reasonably requested in order to make a claim under your tenant’s, renter’s or other insurance policy: requests from StayInIran may include, without limitation, executing documents and taking further actions to assist StayInIran in accomplishing the foregoing.
6. After being notified of the claim, you have seventy two (72) hours to respond. StayInIran reserves the right to charge to collect payment from you and pursue any avenues available to StayInIran in this regard, including using Security Deposits, in situations in which you have been determined, in StayInIran’s sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts under the StayInIran Host Warranty, and in relation to any payments made by StayInIran to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to StayInIran (if applicable);
7. You shall participate in mediation or similar resolution process with a Host, at no cost to you, upon StayInIran’s reasonable request, and to the extent you are reasonably able to.
As a Guest, while staying in the Accommodation, you understand and admit that the adequacy of your public and private behaviors are to be in conformity with the laws, rules and customs of the country where you sojourn. You are solely liable for the consequences of any behavior considered as inappropriate under the above-mentioned laws, rules and customs, including any economic, administrative and/or judicial consequences.
If, as a Guest, you cancel a requested booking before it is accepted by the Host, StayInIran will cancel and/or refund any amounts of your payment in connection with the requested booking after deduction of commission within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Website, either prior to or after arriving at the Accommodation, the cancellation policy selected by the Host in the applicable Listing will apply to your cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available on the Website. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host.
If a Host cancels your confirmed booking made via the Website:
(i) StayInIran after deduction of commission will refund you the Booking Fees for such booking within a commercially reasonable time of the cancellation;
(ii) you will receive an email or other communication from StayInIran containing alternative Listings and other related information.
If, as a Guest, you select to requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms your requested booking, then you agree to pay StayInIran the Booking Fees relating to the confirmed booking for the Accommodation in the alternative listing, in accordance with these Terms and Conditions.
If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from StayInIran, please contact StayInIran at http://www.StayInIran.com/contactUs.
7. Policy for Cancellation
Cancellation of Accommodation Bookings
The cancellation policies exist, and are enforced, to protect Guests as well as Hosts. Each listing and reservation on the Website shall clearly state the applicable cancellation policy, and the strict cancellation policy applies to all reservations of more than 28 nights.
As a Host or a Guest, you shall acknowledge and agree that:
a) Cleaning fees are always refunded if the Guest did not check in;
b) The StayInIran Service Fees (Guest Fees, the Host Fees) are non-refundable to the party cancelling the booking;
c) If there is a complaint from either party, notice must be given to StayInIran within 24 hours of check-in;
d) StayInIran will mediate when necessary, and has the final say in all disputes;
e) A confirmed reservation is officially cancelled when the Guest clicks the cancellation button on the cancellation confirmation page;
f) Cancellation policies may be superseded by the safety cancellations from StayInIran, or justifying circumstances. Please review these exceptions;
g) Applicable taxes will be retained and remitted.
StayInIran allows Hosts to choose, for their Accommodation, any one from the three regular cancellation policies available:
1) Flexible – allows complete refund up to 2 weeks prior to arrival (except Fees)
2) Moderate – allows complete refund up to 3 weeks to arrival (except Fees)
3) Strict – allows 50% refund up to 4 weeks prior to arrival (except Fees)
The Strict cancellation policy will apply to all reservations of more than 28 nights, independently of the regular cancellation policy selected for the Accommodation.
1. Flexible: complete refund up to 2 weeks prior to arrival (except Fees)
- For a full refund, the Guest must cancel the confirmed reservation a full 2 weeks prior to the day of check in. For example, if check-in is on Friday, you must cancel by the Friday 2 weeks prior.
- If the Guest cancels less than 2 weeks before check-in, the nights until 2 weeks after the cancellation are non-refundable, but the remaining nights will be refunded at 100% (except Fees)
- If the Guest arrives and decides to leave early, the nights not spent 2 weeks after the official cancellation are refunded at 100%(except StayInIran Fees).
2. Moderate: complete refund up to 3 weeks prior to arrival (except Fees)
- For a full refund, the Guest must cancel the confirmed reservation a full 3 weeks prior to the day of check in. For example, if check-in is on Friday, you must cancel by the Friday 3 weeks prior.
- If the Guest cancels less than 3 weeks before check-in, the nights until 3 weeks after the cancellation are non-refundable, but the remaining nights will be refunded at 100% (except StayInIran Fees)
- If the Guest arrives and decides to leave early, the nights not spent 3 weeks after the official cancellation are refunded at 100% (except StayInIran Fees).
3. Strict: 50% refund up to 4 weeks prior to arrival (except Fees)
- For a 50% refund, the Guest must cancel the confirmed reservation a full 4 weeks prior to the day of check in. For example, if check-in is on Friday, you must cancel by the Friday 4 weeks prior.
- If the Guest cancels less than 4 weeks days before check-in, the nights not spent are not refunded.
- If the Guest arrives and decides to leave early, the nights not spent are not refunded.
Justifiable circumstances for cancellation of Confirmed Bookings by Hosts
Hosts may cancel a confirmed reservation without penalties only in these rare situations where justifiable circumstances apply, such as:
a) Death of the Host
b) Natural disaster or political unrest in the country where the Accommodation is located
c) Property damage
d) Maintenance issues that affect the ability of the Accommodation to the Host
In such circumstances and only upon presentation of proper documentation, StayInIran may decide to waive the cancellation penalties outlined in these Terms and Conditions
Guests may cancel their confirmed reservations and review the applicable cancellation penalties by viewing their travel plans, and by thereafter selecting the “Cancel” option made available on the appropriate reservation.
Justifiable circumstances for cancellation of Confirmed Bookings by Guests
Guests may cancel a confirmed reservation without penalties only in these rare situations where justifiable circumstances apply, such as:
a) Death of the Guest
b) Natural disaster or political unrest in the country where the Accommodation is located
c) The Guest has jury duties or other civil obligations which cannot be postponed
In such circumstances and only upon presentation of proper documentation, StayInIran may decide to waive the cancellation penalties described in the Cancellation Policies
By using this Website or the Services, you consent to collection, transfer outside of your country, storage, and use of the personal information you provide for any of the Services that we offer, and you consent to our collection of any changes or updates that you may provide to any information you provided that is collected by the Website.
The following provides further details about how we manage and protect your personal information:
1. When you visit the Website, we may collect certain non-personal information such as your internet protocol (“IP”) address, operating system, browser type, internet service provider. This type of information does not identify you personally. When you register with the Website, we may also collect personal information that you provide such as your name, mailing address, email address, home country, zip code, phone and fax numbers, gender, age, company name (“registration information”).
You are required to register with the Website and create your user account if you wish to register for, or book, an Accommodation or accessory tourism service or create a Listing. We may also collect additional information that our users provide, such as new or deleted postings, new or deleted comments, keyword searches, scam reports. We use a third-party e-payment processing company for purchases, and other third party companies to monitor site traffic, which may, in some instances, store your information. When you visit the Website and/or use the Website mobile application, the Website may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant advertisements. The Website will not share your current location with other Website users or partners. If you do not want the Website to use your location for the purposes set forth above, you should turn off the location services in your mobile phone settings.
2. We may also use third party companies to provide services to us, including services to help verify your identification or to conduct checks against databases such as public government databases (where legally allowed). We may provide Personal Information about you to government officials by judicial order.
4. By publishing a listing on the Website, you acknowledge and agree that the Content is public and accessible by any third party and that they may appear in search engine results, in the cache of those search engines, in feeds and Third-Party websites pursuant to cobranding agreements. It is the sole responsibility of each of those search engines, Third-Party websites or RSS web feed resources to update and/or to remove Content from their indexes and their cache. You agree and acknowledge that the Website is not liable for the information published in search results or by any Third-Party website that carries the Website's postings.
5. When you submit a request to book an Accommodation, your full name will become visible to the Host. If you agree to be contacted by the Host by phone when submitting your request and they decide to do so, STAYINIRAN will call your phone number first, before connecting you with the Host. We will not share your phone number with the Host unless there is a confirmed booking.
6. When your request to book an Accommodation is accepted by the Host or when you accept a Guest’s request to book your Accommodation, we will disclose some of your Personal Information to the Host or Guest. However, your billing information will never be shared with another user.
7. When a Guest stays at your Accommodation or when you stay at a Host’s Accommodation, we will ask you to review the Guest or the Accommodation. If you choose to provide a review, your review may be public on the Website.
8. You may link your account on a third party social networking site to your StayInIran account. The publication and display of information that you provide to StayInIran through this linkage is subject to your settings and authorizations on the Website and the third party social networking site.
We refer to a person’s contacts on these third party social networking sites as “Relations”. When you create the linkage: some of the information you provide to us from the linking of your accounts may be published on your StayInIran account profile for facilitating your registration; your activities on the Platform may be displayed to your Relations on the Website and/or that third party social networking site; other users may be able to see any common Relations that you may have with them or their other Relations, as well as any schools, hometowns or other groups you have in common with them as listed on your linked social networking site(s).
9. You may access, remove, review, make changes to personal information that you have provided to us at any time from the Website. We will not change your preferences without your consent. You cannot opt out of receiving transactional communications from the Website related to your account. You can select to terminate your account at any time from the Website. If you chose to terminate your account, the Website will cancel all Listings or bookings you might have posted or made from that account, applying all relevant cancellation terms (see cancellation policy).
10. You may view the Listings on StayInIran as an unregistered user. If you register, we may send you certain notifications, advertisements, promotions, and specials. We may also send you any legally required notifications and certain notifications, including but not limited to, service related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding technical issues or scheduled maintenance to the Website. In order to opt-out of receiving these notices, you may need to deactivate your account. You can opt out of certain e-mail communications from us, including our newsletters.
11. We are committed to protecting the personal information you provide. Your data are stored in Germany. Your registration information is protected by a unique customer password and user ID. You must not disclose your password information to anyone, and you should always remember to log off while using a shared computer. If you choose to use the Website as an anonymous user by not registering, you will be able to consult listings and content, but will not be able to post your own listings or book an accommodation or tourism service.
We have taken certain security protections in safeguarding your personal information. However, as with most electronic transactions, no method is 100% safe. While we put in a commercially acceptable effort to protect the personal information you provide, we cannot Warranty its security. Therefore, you acknowledge and agree that we assume no liability regarding the theft, loss, alteration or misuse of any personal or other information or Content, including, without limitation, such information that has been provided to third parties or other users.
12. You shall agree that you are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such a usage. You shall immediately notify StayInIran of any unauthorized usage of your StayInIran Account.
14. We may review, scan, or analyze your communications with other users exchanged via the Website for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, the Website may scan and analyze messages to mask contact information and references to other websites. This helps to prevent fraudulent actors from asking Guests to send them money outside of the Website, such as by bank transfer or other money transfer methods.
We will not review, scan, or analyze your communications for sending third party marketing messages to you. We will also not sell these reviews or analyses of communications to third parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the Website, you consent that STAYINIRAN, in its sole discretion, may review, scan, analyze, and store your communications, whether done manually or through automated means.
16. We may allow our related entities such as our subsidiaries, and their employees, to use and process your Personal Information in the same way and to the same extent that we are permitted to under this Privacy section. These related entities comply with the same obligations that we have to protect your Personal Information under this Terms & Conditions.
19. Any disputes regarding your privacy are subject to the terms and conditions, including but not limited to any provisions related to indemnification, limitations on damages, and choice of law.
20. We may also publish, disclose and use Aggregated Information and non-personal information for industry analysis, demographic profiling, marketing and advertising, and other business purposes.
9. Comments and claims of violations
You are welcome to address to StayInIran Customer Service any feedback, comments, requests for technical support, and other communications.
If you believe that any user Content on the Website violates intellectual property rights, copyrights or applicable law, you may submit a notification to our Customer Service providing the following information in writing:
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
2. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and indication of what is to be removed or access to which is to be disabled, and reasonably sufficient information to permit the Website to locate the material;
3. Your contact details to permit the Website to contact you, such as address, telephone number, and, if available, an electronic mail address;
4. A statement that, in good faith, you believe that the use of the Content(s) or material on the Website is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information provided in the notification is accurate and you are a copyright owner or an agent thereof. In the event this is found to be faulty, erroneous, or misleading, you would be subjected to a penalty involving perjury;
6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with any of the requirements of this Section, your claim for suspected Copyright infringement notice may not be valid.
10. Intellectual property protection
Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
You acknowledge and agree:
1. That StayInIran’s Proprietary Content on the Website, including without limitation the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the Website, and are subject to copyright and other intellectual property rights under local and international laws and conventions. StayInIran reserves all rights not expressly granted herein to the Website and the Materials;
2. Not to use, copy, distribute any of the materials other than as expressly permitted herein, including any use, copying, and distribution of materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein;
3. Not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein;
4. That the Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited.
5. That copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited;
6. That you may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service;
7. Not to reproduce, duplicate, copy, sell, resell, exploit for any commercial purposes, any aspect of the Service.
11. User acknowledgements
1. You understand that when using the Website, you will be exposed to Content from a variety of sources, and that the Website is not responsible for the accuracy, usefulness, safety, intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, defamatory, libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Website with respect thereto.
2. You agree to defend and indemnify the StayInIran, its subsidiaries and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, expenses (Including but not limited to attorneys' fees) arising from:
i) Your use of and access to the Website and/or the Service;
ii) Your violation of any term of these terms and conditions;
iii) Your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right;
iv) Any claim that your Content caused damage to a third party.
This defense and indemnification obligation will survive termination, modification, or expiration of these terms and conditions and your use of the Service and the Website.
3. You understand and agree that sending unsolicited email advertisements or communications to the Website email addresses or through the Website computer systems is expressly prohibited by these terms and conditions. You acknowledge and agree that from time to time The Website may monitor email usage using human monitors or automated software to flag certain words associated with classified listings, spam, or scams in messages that are exchanged between users using the Website communication system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with these Terms and conditions. Any unauthorized use of the Website computer systems is a violation of these terms and conditions and applicable state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
4. You acknowledge and agree that the Website shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment of Accommodations and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that the Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between users on the Website, or between users and any third party, you understand and agree that the Website is under no obligation to become involved in such a dispute. In the event that you have a dispute with one or more other users, you hereby release the Website, its officers, employees, agents, successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
5) By using StayInIran, or any Services available on the website, you agree that any legal remedy(ies) or liability(ies) that you may seek for actions carried out by other Registered user(s), or other third parties, shall be limited to a claim against that particular Registered user(s), or other third parties, responsible for the issue. You shall not attempt to, or impose, any type(s) of liability(ies), or seek any type of legal remedy(ies) or compensation from StayInIran, with respect to any, or all, actions carried out by other Registered user(s), or other third parties. This limitation shall not apply to any claim(s) made by a Host against StayInIran regarding the remittance of payments received from a Guest, or any other Registered user, by StayInIran on behalf of the particular Host, and such a claim shall be subjected to the terms and conditions described in section “General disclaimer of rights and limitations of liability” of this Terms and Conditions document.
12. Limitation and termination of service
You acknowledge and agree that:
1. The Website has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service;
2. The Website may establish limits concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website;
3. The Website, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if the Website believes that you have violated these terms and conditions;
4. The Website shall not be liable to you or any third-party for any termination of your access to the Website or the Service, and you agree not to attempt to use the Service after any such termination.
5. The Website reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that the Website shall not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Service.
In the events described at points c), d) and e) above, you acknowledge and agree that:
1. StayInIran will immediately terminate any existing pending or confirmed future bookings as either Host, Guest;
2. StayInIran will communicate to Hosts or Guests that a potential or confirmed booking has been cancelled;
3. StayInIran may refund Guests in full for any and all confirmed future booking, irrespective of pre-existing cancellation policies;
4. Hosts shall not be entitled to any compensation for future bookings (even if confirmed) that are cancelled as a result of a termination of StayInIran Service or the deletion or deactivation of their or a Guest’s account of on StayInIran;
5. StayInIran does not have any obligation to delete or return any Content you have posted on the Website and Services including, but not limited to, any reviews or Feedback.
StayInIran reserves the right at its sole discretion to modify its website, Contents, Services, or any of the terms and conditions, including the Service Fees and the Host Warranty, at any time and without any prior notice. If we modify any, or all, of the terms and conditions, we may post such modification on StayInIran, and/or provide the Registered Users notice(s) of such modification(s). We shall also update the “Last Updated Date” mentioned for these terms and conditions. By accessing or using StayInIran or its Services after any amendment(s) has been actioned on the website, you indicate that you have read and understood the modifications and still agree to be bound by the newly amended terms and conditions. If any amendment is not acceptable to you, you should immediately stop using or accessing StayInIran, or any of its Services and/or Contents.
13. General information
These terms and conditions and other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and StayInIran and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, discussions between the parties, whether written or oral. The failure of the Website to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The terms and conditions and the relationship between you and the Website shall be governed by the laws of IRAN. Any litigation not settled amicably will be submitted to the relevant jurisdiction of Lausanne, IRAN. If any provision of the terms and conditions is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN ONE (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These terms and conditions, any rights, and licenses granted herein may not be transferred or assigned by you, but may be assigned by the Website without any restriction. Any assignment or transfer by you shall be null and void.
These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
14. Violation of terms and liquidated damages
Please report any violations of the terms and conditions that you become aware of by contacting us at the StayInIran Customer Service Office. Any failure to act by the website with respect to a breach by you or others does not waive our right to act, with respect to subsequent, or similar, breaches by you or others.
You understand, and shall agree that, because damages are often difficult or impossible to quantify, in the event actual damages cannot be reasonably calculated, you shall indemnify StayInIran as follows:
1. If you post a message that Impersonates any person or entity, Falsely states or otherwise misrepresents your affiliation with a person or entity, or includes personal or identifying information about another person without that person's explicit consent, you agree that the Website, at its sole discretion, may disclose identifying information about you to the victim, and that in the event the Website initiates a claim against you in a court, you shall pay the Website 100 $ (one hundred Dollars) for each such event.
2. If you post Content to the Service on behalf of others are a Posting Agent that uses the Service in violation of these terms and conditions, you agree to pay the Website 100 $ (one hundred Dollars) for each and every item you post in violation of these terms and conditions;
3. If you use the Website's computer system(s) to send unsolicited e-mail advertisements to the Website e-mail addresses, or any other party, you agree to pay the Website 100 $ (one hundred Dollars) for every such e-mail.
4. If you post messages in violation of these terms and conditions other than as described above, you agree to pay the Website 100 $ (one hundred Dollars) for each such message.
5. If you aggregate, copy, display, mirror, reproduce, exploit for any purpose any Content (except for your own Content) in violation of these terms and conditions without the Website's express written permission, you agree to pay 100 $ (one hundred Dollars) for each day on which you engage in such conduct.
If none of the foregoing clauses (1) – (5) are applicable, you agree to pay the Website’s actual damages, to the extent such actual damages can be reasonably calculated.
15. How to contact StayInIran
StayInIran Customer Service
2nd Floor, No 6, Nobonyad Sq.
Pasdaran, Tehran, Iran.
Tel: +98 21 2645 3802