Terms of Service


Jstay Terms of Service As a consumer, if you are resident in the EEA, United Kingdom or Switzerland you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN. Please note that Jstay is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers. Section 24 of these Terms contains an arbitration agreement and class action waiver that applies to all claims brought against Jstay in the United States. Please read them carefully. Last Updated: 20 April 2021 Thank you for using Jstay. These Terms of Service (“Terms”) are a binding legal agreement between you and Jstay Ltd. that govern your use of the website, and application (and any other offerings from Jstay as shall be relevant (collectively, the “Jstay Platform”). When used in these Terms, “Jstay,” “we,” “us,” or “our” refers to Jstay Ltd. The Jstay Platform offers an online and in-app location which enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use [many/all] features of the Jstay Platform, and are obliged keep your user and account information accurate. As the provider of the Jstay Platform, Jstay does not own, control, offer or manage any Listings or Host Services. Jstay is not a party to the contracts concluded directly between Hosts and Guests, nor is Jstay a real estate agent, insurer or an organizer or retailer of travel packages under Directive (EU) 2015/2302. Jstay is not acting as an agent in any capacity for any Member, except as specified in the Jstay Payments Terms of Service (“Payment Terms”). To learn more about Jstay’s role see Section 16. We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and the abovementioned Payments Terms, which govern any payment services provided to Members by Jstay ("Jstay Payments"). If you Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services. Table of Contents Guest Terms 1. Our Mission. 2. Searching and Booking on Jstay. 3. Cancellations, Travel Issues, Refunds and Booking Modifications. 4. Your Responsibilities. Host Terms 5. Hosting on Jstay. 6. Managing Your Listing. 7. Cancellations, Travel Issues, and Booking Modifications. 8. Taxes. General Terms 9. Reviews 10. Content. 11. Fees. 12. Jstay Platform Rules. 13. Termination, Suspension and other Measures. 14. Modification of these Terms. 15. Resolving Complaints and Damage Claims. 16. Jstay’s Role. 17. Member Accounts. 18. Disclaimer. 19. Liability. 20. Indemnification. 21. Applicable law and Jurisdiction. 22. Miscellaneous. Schedule 1 - Contracting Entities Guest Terms 1. Our Mission Statement. Our mission is to create a platform where travellers seeking a ‘Jewish’ travel experience can feel at home anywhere around the globe. From New York to New Zealand, from Moscow to Mexico City, from bedsits to mansions, from cottages to townhouses, explore thousands of Listings to find the ones that fit the way you like to travel and cater to your specific cultural, religious or culinary needs. Learn more about a Listing by reviewing the description and photos, the Host profile, and independent past Guest reviews. If you have questions, just message the Host. 2. Searching and Booking on Jstay. 2.1 Searching. You can search for Host Services by using criteria like the type of Host Service, travel destination, travel dates, number of guests, kashrut status and Shabbat policy. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more. Learn more about search results in our FAQs. 2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Jstay’s service fee (at the date hereof this is approximately 7% from Client and 3% from Host – subject to change) taxes and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Jstay payment platform may charge and collect any security deposit (see Refundable tax calculator on the Jstay Platform) identified during checkout. When you receive the booking confirmation, a contract for Host Services (sometimes called a reservation in these Terms) is formed directly between you and the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Host. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services. 2.3 Instant Book. Each host shall have the right but not the obligation to use “instant book” feature in the App and on the Jstay Platform. If this has been activated for the listing which you are reserve in then you may place the booking instantly with automatic acceptance rather than waiting for the booking to be approved by the Host. 2.4 Accommodation Reservations. An Accommodation reservation is a limited license to enter, occupy and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of permitted Guests. 3. Cancellations, Travel Issues, Refunds and Booking Modifications. 3.1 Cancellations, Travel Issues, and Refunds. In general, if you cancel a reservation, the amount refunded to you is determined by the cancellation policy in the contract you make with the Host that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a reservation, you may be entitled to a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you experience a Travel Issue (as defined in our Guest Refund Policy), you may be entitled to a partial or full refund under our Guest Refund Policy. See each Policy for details about what is covered, and what refund applies in each situation. You may appeal a decision by Jstay by contacting our customer service through the ‘Contact us’ section of the app or website. 3.2 Booking Modifications. Hosts and Guests are responsible for any booking modifications they agree to make via the Jstay Platform or direct Jstay customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification. 4. Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor. If you contravene any specific rules contained in the Listing information and/or the agreement you enter into with the Host including behaving in an unpleasant, disorderly or aggressive manner the Host will be entitled to ask you to leave the property immediately and Jstay’s management team will then exercise its discretion as to whether you will be entitled to receive any refund or not. Host Terms 5. Hosting on Jstay. 5.1 Host. As a Host, Jstay offers you the opportunity to share your Accommodation, Experience, or other Host Service with our diverse community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing. 5.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Jstay app, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like the Jstay booking fee and applicable taxes as per law for each booking. Jstay will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Guests must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description. 5.3 Independence of Hosts. Your relationship with Jstay is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Jstay, except that Jstay acts as a payment collection agent as described in the Payments Terms. Jstay does not direct or control your Host Service and you understand that you have complete discretion whether and when to provide Host Services and which services to provide and at what price and on what terms to offer them. You are also free to accept or reject any request for a booking by a Guest for any reason without the requirement to give any additional explanation to the Guest. 6. Managing Your Listing. 6.1 Creating and Managing Your Listing. The Jstay App provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, security deposits, and any rules or requirements that apply to your Guests or Listing. If you have any specific conditions such as different pricing for stays over Shabbat (the Jewish sabbath) or Jewish holidays, timing of check-in on Friday afternoon etc. these need to be clearly stated in the Listing and in the booking summary provided to the Guests prior to them confirming the booking. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay. 6.2 Instant Book If you activate this feature guests will be able to book the listing instantly Without needing your subsequent confirmation. Instant book will not apply to listings which are designated as “strictly Kosher”. 6.3 Jstay-Inspect The Jstay Platform has the option for Hosts to opt in to the Jstay-Inspect program by turning on the option in either the app or on the website. The Jstay-Inspect program allows the Host to receive a certification and ranking direct from Jstay regarding all aspects of the Listing including physical condition of the property, cleanliness, level and type of Kashrut, Shabbat check in and check out procedure etc. How does it work? The Jstay representative (who does NOT need to be an employee of Jstay or any of its subsidiaries or affiliates) will make an entirely regular Guest reservation which will be for a maximum stay of 7 nights. Within 7 days of the end of this stay, Jstay will disclose to the Host that the visit is part of the Jstay-Inspect program and that it will not be a paid stay. What benefit does the Host receive in return? a) A Jstay certification and rating b) increased publicity and ranking on the Jstay platform. 6.4 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice. 6.5 Search Ranking. The ranking of Listings in search results on the Jstay Platform depends on a variety of factors, including these main parameters:

  • Guest search parameters (e.g. number of Guests, time and duration of the trip, price range),
  • Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, host status, age of the Listing, average Guest popularity),
  • Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking),
  • Host requirements (e.g. minimum or maximum nights, booking cut-off time), and
  • Guest preferences (e.g. previous trips, saved Listings, location from where the Guest is searching).
Search results may appear different on our app than they appear on our website. Jstay may allow Hosts to promote their Listings in search or elsewhere on the Jstay Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any) and how we identify promoted Content can be found in our FAQs. 6.6 Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Jstay Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Jstay Platform in violation of our Off-Platform Policy. 6.7 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business or other organization, the entity and each individual who participates in providing Host Services, is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Jstay to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be legally authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide. 7. Cancellations, Travel Issues, and Booking Modifications. 7.1 Cancellations and Travel Issues. In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Travel Issue (as defined by the Guest Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Jstay exceeds your payout, Jstay may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Jstay’s Guest Refund Policy, Extenuating Circumstances Policy, and these Terms pre-empt the cancellation policy you set in situations where they allow for the cancellation of a reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that reservation until a refund decision is made. See each Policy for details about what is covered, and what your payout will be in each situation. You may appeal a decision by Jstay by contacting our customer service. 7.2 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Jstay Platform or direct Jstay customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification. 8. Taxes. 8.1 Host Taxes. As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes ("Taxes"). 8.2 Collection and Remittance by Jstay. In jurisdictions where Jstay facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Jstay to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Jstay are identified to Members on their transaction records, as applicable. Jstay may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Jstay is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason. 8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Jstay may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by our Guests and their organizations. General Terms 9. Reviews. After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy Need or Review Policy Need. Reviews are NOT verified by Jstay for accuracy and may be incorrect or misleading. 10. Content. Parts of the Jstay Platform enable you to provide feedback, text, photos, audio, video, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Jstay a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Jstay Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Jstay pays for the creation of Content or facilitates its creation, Jstay may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Jstay the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy, which prohibits, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that Jstay may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Jstay does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations. 11. Fees. Jstay may charge fees (and applicable Taxes) to Hosts and Guests for use of the Jstay Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Jstay Platform, service fees are non-refundable. Jstay reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2. 12. Jstay Platform Rules. 12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
  • Act with integrity and treat others with respect.
    • Do not lie, misrepresent something or someone, or pretend to be someone else.
    • Be polite and respectful when you communicate or interact with others.
    • Do not discriminate against or harass others.
  • Do not scrape, hack, reverse engineer, compromise or impair the Jstay Platform.
    • D o not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Jstay Platform.
    • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Jstay Platform or Content
    • Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Jstay Platform.
    • Do not take any action that could damage or adversely affect the performance or proper functioning of the Jstay Platform.
  • Only use the Jstay Platform as authorized by these Terms or another agreement with us.
    • You may only use another Member’s personal information as necessary to facilitate a transaction using the Jstay Platform as authorized by these Terms.
    • Do not use the Jstay Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
    • You may use Content made available through the Jstay Platform solely as necessary to enable your use of the Jstay Platform as a Guest or Host.
    • Do not use Content unless you have permission from the Content owner, or the use is authorized by us in these Terms or another agreement you have with us.
    • Do not request, make or accept a booking or any payment outside of the Jstay Platform to avoid paying fees, taxes or for any other reason.
    • Do not require or encourage Guests to open an account, leave a review, or otherwise interact, with a third-party website, application or service before, during or after a reservation, unless authorized by Jstay.
    • Do not engage in any practices that are intended to manipulate our search algorithm.
    • Do not book Host Services unless you are actually using the Host Services.
    • Do not use, copy, display, mirror or frame the Jstay Platform, any Content, any Jstay branding, or any page layout or design without our consent.
  • Honour your legal obligations.
    • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
    • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
    • Read and follow our Terms, Policies and Standards.
    • Do not use the name, logo, branding, or trademarks of Jstay or others without permission.
    • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with Jstay branding.
    • Do not offer Host Services that violate the laws or agreements that apply to you.
    • Do not offer or solicit prostitution or participate in or facilitate human trafficking.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Jstay. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Jstay. If you reported an issue to local authorities, Jstay may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report. 12.3 Copyright Notifications. If you believe that Content on the Jstay Platform infringes copyrights, please notify us in accordance with our Copyright Termination, Suspension and other Measures. 13. Termination, Suspension and other Measures. 13.1 The agreement between you and Jstay reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms. 13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Jstay may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Jstay may also terminate this agreement immediately and without prior notice and stop providing access to the Jstay Platform if (i) you materially breach these Terms or our Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Jstay, its Members, or third parties (for example in the case of fraudulent behaviour of a Member), or (iv) your account has been inactive for more than two years. 13.3 Member Violations. If (i) you breach these Terms, our Policies , or our Standards , (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or Jstay otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Jstay, its Members, or third parties, Jstay may:
  • suspend or limit your access to or use of the Jstay Platform and/or your account.
  • suspend or remove Listings, Reviews, or other Content;
  • cancel pending or confirmed bookings; or
  • suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Jstay and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. 13.4 Legal Mandates. Jstay may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3. 13.5 Effect of Termination. If you are a Host and terminate your Jstay account, any confirmed booking(s) will be automatically cancelled, and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled, and any refund will depend upon the terms of the Listing’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Jstay Platform has been limited, or your Jstay account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Jstay Platform through an account of another Member. 13.6 Appeal. If Jstay takes any of the measures described in this Section 13 you may appeal such a decision by contacting us through the ‘Contact us’ section of the App or website. 14. Modification of these Terms. Jstay may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the Jstay Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Jstay Platform will constitute acceptance of the revised Terms. 15. Resolving Complaints and Damage Claims. If a Member provides evidence within 7 business days of the end of a stay, that another Member has culpably damaged their real or personal property ("Damage Claim"), the complaining Member can seek compensation through the resolution centre. If the complaining Member escalates a Damage Claim to Jstay, the other Member will be given an opportunity to respond. If the responding Member agrees to pay, or Jstay determines under consideration of any applicable statutory rules on the burden of proof that they are responsible for the Damage Claim, Jstay can collect any sums required to cover the Damage Claim from the responding Member and/or against any security deposit. Jstay may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information Jstay requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services. You may appeal a decision by Jstay by contacting our customer service. Any decisions made by Jstay in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected. 16.Jstay’s Role. We offer a platform that enables Members to publish, offer, search for, and book Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Jstay is not and does not become a party to or other participant in any contractual relationship between Members. Jstay is not acting as an agent for any Member except for where Jstay Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using Jstay, we do not and cannot control the conduct or performance of Guests and Hosts and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that Jstay has no general obligation to monitor the use of the Jstay Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Jstay Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our customer service. Members agree to cooperate with and assist Jstay in good faith, and to provide Jstay with such information and take such actions as may be reasonably requested by Jstay with respect to any investigation undertaken by Jstay regarding the use or abuse of the Jstay Platform. 17. Member Accounts. You must register an account to access and use many features of the Jstay Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Jstay Platform under the laws of England and Wales, the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Jstay if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Jstay Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. 18. Disclaimer. We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being "verified" (or similar language) indicate only that the Member or Jstay has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Jstay Platform. Jstay may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Jstay Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Jstay Platform. 19. Liability. Jstay is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents Jstay’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Jstay in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Jstay is excluded. The Hosts are independent contractors and not agents or employees of Jstay. Jstay is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Jstay has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. In no event shall Jstay and/or its suppliers be liable for any, indirect, incidental, punitive, special, or consequential damages arising out of or in any way connected with the use of this web site or with the delay or inability to use the Jstay Platform, or for any information, software, products, and services obtained through the Jstay Platform, or otherwise arising out of the use of the Jstay Platform, (including, but not limited to loss of use, data, profits, savings or opportunities), whether based on contract, tort, strict liability or otherwise, even if Jstay and/or any of its suppliers have been advised of the possibility of damages. Jstay and/or its respective suppliers shall be liable for direct loss ONLY arising out of the use of the Jstay Platform, whether based on contract, tort, strict liability or otherwise, up to a maximum of the total value of the transaction under which the claim arises for any one event or series of connected events. This does not affect your statutory rights as a consumer. 20. Indemnification. To the maximum extent permitted by applicable law, you agree to release, defend (at Jstay’s option), indemnify, and hold Jstay (including any affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards , (ii) your improper use of the Jstay Platform, (iii) your interaction with any Member, stay at an Accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation. 21. Applicable law and Jurisdiction. These Terms are governed by and construed in accordance with the laws of England and Wales. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Jstay’s place of business in England. If Jstay wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts. 22. Miscellaneous. 22.1 Other Terms Incorporated by Reference. Our Guest Refund Policy, Content Policy, Extenuating Circumstances Policy, Policies, Standards, and other supplemental policies and terms linked to in these Terms apply to your use of the Jstay Platform, are incorporated by reference, and form part of your agreement with Jstay. 22.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Jstay and you pertaining to your access to or use of the Jstay Platform and supersede any and all prior oral or written understandings or agreements between Jstay and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Jstay. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 22.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. 22.3 No Waiver. Jstay’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law. 22.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Jstay’s prior written consent. Jstay may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 remains unaffected. 22.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Jstay via email, Jstay Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable you to provide. 22.6 Third-Party Services. The Jstay Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Jstay is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement. 22.7 Google Terms. Some translations on the Jstay Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Jstay Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service. 22.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. 22.9 Jstay Platform Content. Content made available through the Jstay Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Jstay and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Jstay Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Jstay grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Jstay Platform and accessible to you, solely for your personal and non-commercial use. 22.10 Force Majeure. Jstay shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 22.11 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Jstay account. Enrolment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Jstay Account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms. 22.12 Contact Us. If you have any questions about these Terms, please email us. 23. United States Dispute Resolution and Arbitration Agreement. 23.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Jstay in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 24 applies to you, and all other threshold determinations, including residency, eligibility for arbitration, venue, and applicable law. 23.2 Overview of Dispute Resolution Process. Jstay is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 3 applies: (1) an informal negotiation directly with Jstay’s customer service team (described in paragraph 23.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Jstay each retain the right to seek relief in small claims court as an alternative to arbitration. 23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Jstay each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Jstay by mailing it to Jstay’s agent for service: 20 Linthorpe Rd, London N16 5RF Jstay will send its notice of dispute to the email address associated with your Jstay account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org). 23.4 Agreement to Arbitrate. You and Jstay mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Jstay Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Jstay agree that the arbitrator will decide that issue. 23.5 Exceptions to Arbitration Agreement. You and Jstay each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Jstay agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. 23.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules “) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules. 23.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Jstay agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in San Francisco County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator. 23.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Jstay will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defence that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules. 23.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. 23.10 Jury Trial Waiver. You and Jstay acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes. 23.11 No Class Actions or Representative Proceedings. You and Jstay acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. 23.12 Severability. Except as provided in Section 24.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect. 23.13 Changes to Agreement to Arbitrate. If Jstay changes this Section 24 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Jstay (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Jstay. 23.14 Survival. Except as provided in Section 24.12, and subject to Section 13.6 of the Terms of Service for Non-European Users this Section 24 will survive any termination of these Terms and will continue to apply even if you stop using the Jstay Platform or terminate your Jstay Account. Schedule 1 - Contracting Entities YOUR PLACE OF RESIDENCE OR ESTABLISHMENT: YOUR ACTIVITY ON THE JSTAY PLATFORM: JSTAY CONTRACTING ENTITY: CONTACT INFORMATION: European Economic Area, Switzerland or the United Kingdom Booking or offering certain hotels or traditional accommodations, where Jstay Ltd Travel, is identified in the checkout or listing process. Jstay Ltd. 20 Linthorpe Rd, London N16 5RF Booking or offering accommodations located in the United States for stays of 28 nights or more. All other activities. Jstay Ltd. 20 Linthorpe Rd. London N16 5RF UK




Cookie Policy


Cookie statement

Whenever you use our online services or apps, we use cookies and other online tracking technologies (which we’ll also refer to as “cookies” for the purpose of this Cookie Statement).

Cookies can be used in various ways, including to make the Jstay.com website work, analyze traffic, or for advertising purposes.

Read below to learn more about what a “cookie” is, how they’re used, and what your choices are.

What are cookies and other online tracking technologies?

How are cookies used?

What are your choices?

What are cookies and online tracking technologies?

A web browser cookie is a small text file that websites place on your computer’s or mobile device’s web browser.

These cookies store info about the content you view and interact with to remember your preferences and settings or analyze how you use online services.

Cookies are divided into “first party” and “third party”:

  • First party cookies are the cookies served by the owner of the domain. In our case, that’s Jstay.com. Any cookie we place ourselves is a “first-party cookie.”
  • Third-party cookies are cookies placed on our domains by trusted partners that we’ve allowed to do so. These can be social media partners, advertising partners, security providers, and more.

And they can be either “session cookies” or “permanent cookies”:

  • Session cookies only exist until you close your browser, ending what’s called your “session.” Then they’re deleted.
  • Permanent cookies have a range of lifespans and stay on your device after the browser is closed. On the Jstay.com platform, we try to only serve permanent cookies (or allow permanent cookies to be served by third parties) that have a limited lifespan. However, for security reasons or in other exceptional circumstances, sometimes we may need to give a cookie a longer lifespan.

Web browser cookies may store info such as your IP address or other identifiers, your browser type, and info about the content you view and interact with on digital services. By storing this info, web browser cookies can remember your preferences and settings for online services and analyze how you use them.

Along with cookies, we also use tracking technologies that are very similar. Our website, emails, and mobile apps may contain small transparent image files or lines of code that record how you interact with them. These include “web beacons,” “scripts,” “tracking URLs,” or “software development kits” (known as SDKs):

  • Web beacons have a lot of different names. They might also be known as web bugs, tracking bugs, tags, web tags, page tags, tracking pixels, pixel tags, 1x1 GIFs, or clear GIFs.

In short, these beacons are a tiny graphic image of just one pixel that can be delivered to your device as part of a web page request, in an app, an advertisement, or an HTML email message.

They can be used to retrieve info from your device, such as your device type, operating system, IP address, and the time of your visit. They are also used to serve and read cookies in your browser or to trigger the placement of a cookie.

  • Scripts are small computer programs embedded within our web pages that give those pages a wide variety of extra functionality. Scripts make it possible for the website to function properly. For example, scripts power certain security features and enable basic interactive features on our website.

Scripts can also be used for analytical or advertising purposes. For example, a script can collect info about how you use our website, such as which pages you visit or what you search for.

  • Tracking URLs are links with a unique identifier in them. These are used to track which website brought you to the Jstay.com website or app you’re using. An example would be if you clicked from a social media page, search engine, or one of our affiliate partners’ websites.
  • Software Development Kits (SDKs) are part of our apps’ source code. Unlike browser cookies, SDK data is stored in the app storage.

They’re used to analyze how the apps are being used or to send personalized push notifications. To do this, they record unique identifiers associated with your device, like your device ID, IP address, in-app activity, and network location.

All these tracking technologies are referred to as “cookies” here in this Cookie Statement.

How are cookies used?

Cookies are used to collect info, including:

  • IP address
  • Device ID
  • Viewed pages
  • Browser type
  • Browsing info
  • Operating system
  • Internet service provider
  • Timestamp
  • Whether you have responded to an advertisement
  • A referral URL
  • Features used or activities engaged in on the website/apps

They allow you to be recognized as the same user across the pages of a website, devices, between websites, or when you use our apps. When it comes to purpose, they’re divided into three categories: Functional cookies, analytical cookies, and marketing cookies.

Functional cookies

These are cookies required for our websites and apps to function and must be enabled for you to use our services.

Functional cookies are used to create technologically advanced, user-friendly websites and apps that adapt automatically to your needs and preferences, so you can browse and book easily. This also includes enabling essential security and accessibility features.

More specifically, these cookies:

  • Enable our website and apps to work properly, so you can create an account, sign in, and manage your bookings.
  • Remember your selected currency and language settings, past searches, and other preferences to help you use our website and apps efficiently and effectively.
  • Remember your registration info so you don’t have to retype your log-in credentials each time you visit our website or app. (Don’t worry, passwords are always encrypted.)

Analytical cookies

These cookies measure and track how our website and apps are used. We use this info to improve our website, apps, and services.

More specifically, these cookies:

  • Help us understand how visitors and customers like you use Jstay.com and our apps.
  • Help improve our website, apps, and communications to make sure we're interesting and relevant.
  • Allow us to find out what does and doesn't work on our website and apps.
  • Help us understand the effectiveness of advertisements and communications.
  • Teach us how users interact with our website or apps after they’re shown an online ad, including ads on third-party websites.
  • Enable our business partners to learn whether or not their customers make use of any accommodation offers integrated into their websites.

The data we gather through these cookies can include which web pages you’ve viewed, which referral/exit pages you’ve entered and left from, which platform type you’ve used, which emails you’ve opened and acted upon, and date and timestamp info. It also means we can use details about how you’ve interacted with the site or app, such as the number of clicks you make on a given screen, your mouse and scrolling activity, the search words you use, and the text you enter into various fields.

Marketing cookies

These cookies are used by Jstay.com and our trusted partners to gather info about you over time, across multiple websites, applications, or other platforms.

Marketing cookies help us to decide which products, services, and interest-based ads to show you, both on and off our website and apps.

More specifically, these cookies:

  • Categorize you into a certain interest profile, for example, based on the websites you visit and your click behavior. We use these profiles to display personalized content (e.g. travel ideas or specific accommodations) on Jstay.com and other websites.
  • Display personalized and interest-based ads both on the Jstay.com website, our apps, and other websites. This is called “retargeting” and is based on your browsing activities, such as the destinations you’ve searched for, the accommodations you’ve viewed, and the prices you’ve been shown. It can also be based on your shopping habits or other online activities.

Retargeting ads can be shown to you both before and after you leave Jstay.com since their aim is to encourage you to browse or return to our website. You might see these ads on websites, apps, or in emails.

  • Integrate social media into our website and apps. This allows you to like or share content or products on social media such as Facebook, Instagram, YouTube, Twitter, Pinterest, Snapchat, and LinkedIn.

These “like” and “share” buttons work using pieces of code from the individual social media providers, allowing third-party cookies to be placed on your device.

These cookies can be purely functional, but can also be used to keep track of which websites you visit from their network, to build a profile of your online browsing behavior, and to show you personalized ads. This profile will be partly built using comparable info the providers receive from your visits to other websites in their network.

To read more about what social media providers do with your personal data, take a look at their cookie and/or privacy statements: Facebook (includes Instagram, Messenger, and Audience Network), Snapchat, Pinterest, and Twitter. Be aware that these statements may be updated from time to time.

We work with trusted third parties to collect data. We may occasionally share info with these third parties, such as your email address or phone number. These third parties might link your data to other info they collect to create custom audiences or deliver targeted ads. For info about how these third parties process your data, take a look at the following links: How Google uses information, Facebook's data policy.

Non-cookie techniques – email pixels

We may also use techniques like pixels, which we don’t mark as cookies because they don’t store any info on your device.

We sometimes place pixels in emails like newsletters. A “pixel” is an electronic file the size of a single pixel that’s placed in the email and loaded when you open it. By using email pixels, we can see if the message was delivered, if and when you read it, and what you click.

We also receive this info about the push notifications we send you. These statistics provide us with feedback about your reading behavior, which we use to optimize our messages, and make our communications more relevant to you.

What are your choices?

To learn more about cookies and how to manage or delete them, visit allaboutcookies.org or the help section of your browser.

Under the settings for browsers like Internet Explorer, Safari, Firefox, or Chrome, you can choose which cookies to accept and reject. Where you find these settings depends on the browser you use:

If you choose to block certain functional cookies, you may not be able to use some features of our services.

In addition to specific settings that we may offer on the Jstay.com and apps, you can also opt out of certain cookies:

  • Analytics

To prevent Google Analytics from collecting analytical data on certain browser types visit the following link: Google Analytics Opt-out Browser Add-on (only available on desktop).

  • Advertising

We always aim to work with advertising and marketing companies that are members of the Network Advertising Initiative (NAI) and/or the Interactive Advertising Bureau (IAB).

Members of the NAI and IAB adhere to industry standards and codes of conduct, and allow you to opt out of behavioral advertising.

Visit www.networkadvertising.org to identify NAI members that may have placed advertising cookies on your computer. To opt out of any NAI member's behavioral advertising program, just check the box that corresponds to that company.

You may also want to visit www.youronlinechoices.com or www.youradchoices.com to learn how to opt out of customized ads.

Your mobile device may allow you to limit the sharing of info for retargeting purposes through its settings. If you choose to do so, remember that opting out of an online advertising network doesn't mean you’ll no longer see or be subject to online advertising or marketing analysis. It just means the network you opted out of won't deliver ads customized to your web preferences and browsing patterns anymore.

Some websites have “Do Not Track” features that allow you to tell a website not to track you. We’re currently unable to support “Do Not Track” browser settings.

How to contact us

If you have any questions about this cookie statement, write us at support@Jstay.com.

Our cookie statement may also be updated from time to time. If these updates are substantial, particularly relevant to you, or impact your data protection rights, we’ll get in touch with you about them. However, we recommend visiting this page regularly to stay up to date with any other (less substantial or relevant) updates.

Copyright © 2021 Jstay.com. All rights reserved.




Host Discount Policy


Host Discount Policy

These terms and conditions apply to Hosts who offer discounts on the price of their Listing(s) (“Host Discount Policy”) and apply in addition to Jstay’s Terms of Service (“Jstay Terms”). All capitalized terms shall have the meaning set forth in the Jstay Terms or Payments Terms unless otherwise defined in this Host Discount Policy.

By using the Jstay Platform as a Host, you are indicating that you have read and that you understand and agree to be bound by this Host Discount Policy.

We want to ensure that discounts merchandised on Jstay represent a price that’s lower than usual. To do this, hosts are required to offer a true discount—that means a listing’s discounted price is lower than its typical price for that specific date.

  1. You, as the host, are solely responsible for setting prices, offering discounts and ensuring any price discounts you offer comply with applicable laws and regulations, particularly those on setting prices and offering discounts. Jstay merely provides optional tools to enable you to offer discounts.
  2. If you decide to offer a discount off your nightly rate (excluding cleaning and service fees), discount styling will appear on your Listing(s) to promote your offer to guests. Such discount styling may differ, depending on local rules in your location.
  3. You are responsible for ensuring that any discounts you offer are genuine and not misleading. In addition to complying with all requirements under applicable laws and regulations, this means:
    1. The regular price you set before your discount is applied is the actual price guests would pay for your Listing on the same date, before the discount was offered.
    2. Your regular price must not be false; it must not be created or adjusted to present the appearance of a discount and it must represent a genuine selling price.
    3. Your discount price must not be misleading or unfair to the guest; it must make a fair comparison to your regular price and it must be a temporary, short-term discount off your long-term regular price.
  4. After a discount expires, any special merchandising or discount styling displayed on your listing on Jstay will cease.
  5. Jstay reserves the right to conduct spot checks or audits, and to remove any discount merchandising, restrict your ability to add discounts or suspend or remove you or your Listing(s) from the Jstay Platform if you violate this Host Discount Policy or applicable law.
  6. Jstay reserves the right to modify or terminate this Host Discount Policy, at any time, in its sole discretion. If Jstay modifies this Host Discount Policy, we will post the modification on the Jstay Platform or provide you with notice of the modification.




Refund Policy


Jstay Guest Refund Policy

Effective as of: 23 May, 2021

These terms and conditions govern Jstay’s policy for Guest refunds (“Guest Refund Policy”) and the obligations of the Host associated with the Guest Refund Policy. The Guest Refund Policy applies in addition to Jstay’s Terms of Service (“Jstay Terms”). The Guest Refund Policy is available to Guests who book and pay for an Accommodation through the Jstay Platform and suffer a Travel Issue (as defined below). The Guest’s rights under this Guest Refund Policy will supersede the Host’s cancellation policy.

All capitalized terms shall have the meaning set forth in the Jstay Terms or Payments Terms unless otherwise defined in this Guest Refund Policy.

By using the Jstay Platform as a Host or Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.

1. Travel Issue

A “Travel Issue” means any one of the following:

(a) the Host of the Accommodation (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g. does not provide the keys and/or a security code).

(b) the Listing’s description or depiction of the Accommodation is materially inaccurate with respect to:

  • the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),
  • whether the booking for the Accommodation is for an entire home, private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the booking,
  • special amenities or features represented in the Listing are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air conditioning systems, or
  • the physical location of the Accommodation (proximity).

(c) at the start of the Guest’s booking, the Accommodation: (i) is not generally clean and sanitary (including unclean bedding and/or bathroom towels); (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in Jstay’s judgment, or (iii) has vermin or contains pets not disclosed in the Listing.

What qualifies as a Travel Issue is described in more detail in the addendum below.

2. The Guest Refund Policy

If you are a Guest and suffer a Travel Issue, you are covered by this policy as follows:

Up to 24 hours after check-in. If you report a Travel Issue up to 24 hours after check-in, we agree, at our discretion, to either (i) reimburse you the amount paid by you through the Jstay Platform (“Total Fees”), or (ii) use our reasonable efforts to help you find and book for any unused nights left in your booking another Accommodation which is reasonably comparable to or better than the Accommodation described in your original booking in terms of size, rooms, features and quality. Jstay shall decide whether an issue reported by a Guest qualifies as a Travel Issue, whether to reimburse or rebook a Guest who suffers a Travel Issue, and whether an alternate Accommodation is comparable or better.

More than 24 hours after check-in. If you report a Travel Issue more than 24 hours after check-in, we agree, at our discretion, to either (i) reimburse you up to the Total Fees depending on the nature of the Travel Issue suffered, or (ii) use our reasonable efforts to help you find and book another Accommodation for any unused nights left in your booking which is reasonably comparable to the Accommodation described in your original booking in terms of size, rooms, features and quality.

Jstay’s decisions under the Guest Refund Policy are final and binding on Guests and Hosts but do not affect other contractual or statutory rights you may have. Any right that you may have to initiate legal action remains unaffected.

3. Conditions for making a Claim

To submit a valid claim for a Travel Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:

(a) you must be the Guest that booked the Accommodation;

(b) you must report the Travel Issue to us in writing or via telephone within 24 hours of discovering the existence of the Travel Issue, and you must provide us with information (including photographs, videos, or other written or tangible evidence) about the Accommodation and the circumstances of the Travel Issue;

(c) you must respond to any requests by us for additional information or cooperation on the Travel Issue within the time specified by Jstay;

(d) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence);

(e) unless otherwise specified by Jstay or Jstay advises you that the Travel Issue cannot be remediated, you must use reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host; and

(f) in order to receive a reimbursement of Total Fees or assistance with booking an alternative Accommodation, you must agree to vacate the Accommodation. If you choose to stay in the Accommodation, you may still qualify for a partial refund at Jstay’s discretion as described in this policy (regardless of whether you reported the Travel Issue up to 24 hours after check-in).

4. Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest

4.1 If you are a Host, you are responsible for ensuring that the Accommodations you list on the Jstay Platform are accessible, adequately and accurately described in the Listing description, safe and clean, and do not present a Guest with Travel Issues, as specified in these terms and in the addendum below. During a Guest’s stay at an Accommodation, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any Travel Issues or other Guest issues.

4.2 If you are a Host, and if (i) Jstay determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) Jstay either reimburses that Guest (up to their Total Fees) or provides an alternative Accommodation to the Guest, you agree to reimburse Jstay up to the amount paid by Jstay within 30 days of Jstay’s request. If the Guest is relocated to an alternative Accommodation, you also agree to reimburse Jstay for reasonable additional costs incurred to relocate the Guest. You authorize Jstay Payments to collect any amounts owed to Jstay by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.

4.3 As a Host, you understand that the rights of Guests under this Guest Refund Policy will supersede your selected cancellation policy. If you dispute the Travel Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue. In order to dispute a Travel Issue, you must use reasonable and good faith efforts to try to remedy any Travel Issue with the Guest unless Jstay advises you that the Travel Issue cannot be remediated or the Guest has vacated the Accommodation.

5. General Provisions

5.1 No Assignment/No Insurance. This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.

5.2 Modification or Termination. Jstay reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion. If Jstay modifies this Guest Refund Policy, we will post the modification on the Jstay Platform or provide you with notice of the modification and Jstay will continue to process all claims for Travel Issues made prior to the effective date of the modification according to the then applicable policy.

5.3 Entire Agreement. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between Jstay and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Jstay and you regarding the Guest Refund Policy.

6. Contacting Jstay

If you have any questions about the Guest Refund Policy, please email support@Jstay.com.

Addendum to Guest Refund Policy

What if I need to cancel because of a problem with the listing or host?

If anything unexpected comes up during your stay, generally it’s a good idea to try talking to your host first—most hosts prefer to quickly resolve any issue by fixing it, offering a partial refund, or both. You can message your host from your inbox.

If you come to an agreement with your host that includes reimbursement, you and your host can use the Resolution Centre to send and receive money. If your host cancels your reservation, you will always get a full refund, including all fees and taxes.

But if your host can’t or won’t help, you may be eligible for a full refund under our Guest Refund Policy if you contact Jstay within 24 hours of discovering the issue.

Travel issues eligible for a Guest Refund Policy claim

The Guest Refund Policy has additional details, but here’s an overview of what’s covered:

  • No access to the listing, like if the host provides the wrong lockbox code and can’t be reached, or if they change your reservation to another listing without your consent
  • Space isn’t safe or clean upon arrival, including dirty linens, dangerous vermin or insects, or safety or health hazards
  • Key amenities are missing or not working, for example, the kitchen is under construction, the pool is in disrepair during the summer months, or the furnace is broken during the winter
  • Place isn’t as it was described in the listing description, for example, the number of rooms or beds is different, or accessibility features are missing

Submit your claim within 24 hours

If you encounter a travel issue like one of the above at any point during your trip:

  1. Gather evidence: If possible, take photos or videos to document issues like dirty linens or incorrect access codes
  2. Contact us: message or call Jstay within 24 hours of noticing the travel issue, and share your photos or videos
  3. Remain available: We’ll need to follow up with next steps specific to you




Review Policy


Jstay's Review Policy

In order to build a platform of trust, we ask our community to help ensure that reviews on Jstay are useful, informative, and don’t expose our community to harm. Therefore, we expect that all reviews adhere to the following:

1. Reviews should not violate our content policy

Some content is never allowed on Jstay. You can review Jstay’s Content Policy to find out more.

2. Reviews should be unbiased

Reviews are most helpful when they provide unbiased and objective information. Therefore, we don't allow individuals or entities who own or are affiliated with a listing or experience to post reviews of their business. We also don’t allow individuals who are confirmed to offer competing listings or experiences to post reviews of their direct competitors.

You’re not allowed to incentivize positive reviews, to use the threat of a negative review to manipulate a desired outcome, or to influence another’s review with the promise of compensation.

You’re also not allowed to accept fake reservations in exchange for a positive review, use a second account to leave yourself a review, or coordinate with business partners to get positive reviews.

Additionally, reviews may be removed from the platform for stays where a significant violation of the Party and Events Policy has taken place. This is to help hosts feel more comfortable intervening when a disruptive party takes place, without having to fear a biased review as a result.

3. Reviews should be relevant

Keep your reviews relevant to Jstay and your stay or experience, since guests are reading your reviews to learn about the host and their listing. Reviews that are off-topic can be distracting and don’t help other guests make informed booking decisions. For this reason, reviews should focus on your interactions with other community members and your time during the stay or experience.

To keep reviews relevant, we recommend avoiding the following:

  • Commentary about a person’s social, political, or religious views

  • Profanity, name calling, and assumptions about a person’s character or personality

  • Content that refers to circumstances entirely outside of another’s control

  • Content about services not related to Jstay (for example, an airline, rideshare, restaurant, etc.)

  • Commentary about past Jstay reservations, hosts, or guests, or about the Jstay product where it does not relate to the listing, host or guest you are rating

When we receive a report of a review that violates this policy, we may remove the review from our platform. Repeated violations may lead to suspension or permanent deactivation of the account(s) responsible for the reviews.

Reporting a review that violates our policy

To report a review for violating Jstay’s review policy, contact us.

If you feel a review is untrue

While we encourage and expect all community members to post reviews that contain objective and accurate information, Jstay doesn’t mediate disputes concerning the truth of reviews. We expect the author of the review to stand behind the content of their review. If you want to respond to a review, find out how here.




Weather Events


Weather events, natural conditions, and diseases that are excluded from our Extenuating Circumstances Policy

Our Extenuating Circumstances Policy allows for guests and hosts to cancel only where the circumstances were not foreseeable at the time the reservation was made. Foreseeable circumstances that are not covered include the weather events, natural conditions and diseases described in this article, as well as any transportation disruptions that result from them. This article is intended to illustrate the most common excluded weather events, natural conditions and diseases rather than to provide an exhaustive list.

We encourage guests to research their destination before booking, carefully review the host’s cancellation policy, and consider buying travel insurance to protect against unexpected travel disruptions.

Tropical storms, cyclones, hurricanes, and typhoons

Tropical cyclones are storms that typically form over bodies of water in the tropics and impact many coastal regions around the world. Depending on their location and strength, these storms are also known as hurricanes, typhoons, tropical storms, tropical depressions, and cyclones. Below are examples of the regions most frequently impacted and their storm seasons.

REGION SEASON

Gulf of Mexico and the Caribbean Sea
Examples: Belize, Cayman Islands, Colombia, Cuba,

Dominican Republic, Honduras, Jamaica, Mexico,

Nicaragua, Puerto Rico, Venezuela, The Bahamas,

the United States (Alabama, Florida, Louisiana,

Mississippi, and Texas), U.S. Virgin Islands,

and the British Virgin Islands.

June through November

North Atlantic Ocean
Examples: Delaware, Florida, Georgia,

North Carolina, Maryland, New Jersey,

New York, South Carolina, and Virginia.

June through November

Eastern Pacific Ocean
Examples: Mexico, Guatemala, and Hawaii.

May through November

Western Pacific Ocean
Examples: Hong Kong, Macau, Taiwan, Japan,

Philippines, and Vietnam.

May through September

Indian Ocean
Examples: coastal regions in India, Bangladesh,

Myanmar, Pakistan, Sri Lanka, and Thailand.

May through June, and October through November

South Pacific Ocean
Examples: Fiji, Solomon Islands, Samoa,

American Samoa, Vanuatu and Australia

(Northern Territory, Queensland, and Western Australia).

November through April

Winter conditions and storms

Winter conditions and storms are characterized by snow, ice, sleet, freezing rain, and/or extremely low temperatures during the winter months. The time of year when winter conditions and storms occur varies significantly by location, altitude and latitude. Places near sea level in the tropics don’t typically experience significant winter conditions or storms, while mountainous regions and areas further from the equator typically experience longer and more severe winter seasons, with a greater possibility of winter conditions and storms earlier and later into the season. Below are examples of areas regularly impacted by winter conditions and storms, and their seasons.

REGION SEASON

Northern Hemisphere

Examples:

North America: Much of the United States (including Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Idaho, Indiana, Illinois, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming), and all of Canada.

Europe & Central Asia: Afghanistan, Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greenland, Hungary, Iceland, Ireland, Italy, Kazakhstan, Netherlands, Norway, Pakistan, Poland, Romania, Russia, Sweden, Switzerland, Turkey, United Kingdom, and Ukraine.

Japan: Hokkaidō, Tōhoku, Kantō, Koshinetsu, Chūbu, Kansai, Chūgoku, Shikoku, and Kyūshū.

Other Asia: India (northern states such as Jammu and Kashmir, Himachal Pradesh and Uttarakhand), Mongolia, and Nepal.

December through February

Southern Hemisphere

Examples: Argentina, Chile, and New Zealand (central area of North Island, South and East of South Island, and mountainous areas).

June through September

Endemic Diseases

Endemic diseases are diseases that are commonly found in certain regions as reported by public health authorities. These diseases may not always be found in high levels in these areas, and may experience high and low periods, but the risk of infection from these diseases is considered present on an ongoing basis in these areas. Below are examples of endemic diseases commonly found in different regions.

REGION

DISEASES

Africa and the Middle East

Cholera, hepatitis, yellow fever, malaria, meningitis, rabies, typhoid, zika, schistosomiasis, river blindness, sleeping sickness, tuberculosis, lymphatic filariasis, viral hemorrhagic fever, chikungunya, giardia, and HIV / AIDS.

Asia

Cholera, dengue, hepatitis, malaria, rabies, typhoid, zika, schistosomiasis, tuberculosis, yellow fever, Japanese encephalitis, giardia, and HIV / AIDS.

Australia

Hepatitis, measles, Japanese encephalitis, rabies, dengue, and HIV / AIDS.

Europe

Hepatitis, HIV / AIDS, tick borne illnesses (including Lyme’s disease), measles, gonorrhea, chlamydia, and tuberculosis.

Latin America and the Caribbean

Chagas disease, cholera, dengue, hepatitis, yellow fever, malaria, rabies, typhoid, zika, schistosomiasis, river blindness, sleeping sickness, tuberculosis, tick borne illnesses, giardia, chikungunya, cyclosporosis, leptospirosis, and HIV / AIDS.

South Pacific Ocean

Cholera, dengue, hepatitis, malaria, rabies, typhoid, zika, tuberculosis, leprosy, soil helminths, lymphatic filariasis, trachoma, and HIV / AIDS.

United States and Canada

Hepatitis, HIV / AIDS, tick borne illnesses (including Lyme’s disease), measles, West Nile virus, eastern equine encephalitis, gonorrhea, chlamydia, and tuberculosis.

The weather events and endemic diseases listed above are non-exhaustive examples and are informed by data from the US National Oceanic and Atmospheric Administration, the Guy Carpenter Asia-Pacific Climate Impact Centre, the Australian Bureau of Meteorology, the US Centers for Disease Control and Prevention, and the World Health Organization, among other sources.




Service Fee Schedule


To help Jstay run smoothly and to cover the costs of the products and services we provide, such as 24/7 customer support, we charge a service fee when a booking is confirmed.

Fees for booking a place to stay

This fee structure is the most common. A service fee of 3% of the total booking fee is deducted from the host payout, and a service fee of 7% thereof is charged to guests.

Host servive fee

Hosts pay a service fee of 3%. This fee is calculated from the booking subtotal (the nightly rate plus cleaning fee and additional guest fee, if applicable, but excluding Jstay fees and taxes) and is automatically deducted from the host payout.

To review the service fee charged for a particular booking:

  1. Go to Booking History
  2. Next to the reservation you'll find the Jstay Service Fee
Guest service fee

Most guests pay a service fee that is 3% of the booking subtotal (the nightly rate plus cleaning fee and additional guest fee, if applicable, but excluding Jstay fees and taxes). The fee varies based on a variety of booking factors and is displayed to guests, including during checkout before they make a reservation.


VAT on service fees

Depending on the laws of the jurisdiction involved, VAT may be charged on top of the host and guest service fee. The service fee will include these VAT charges when applicable.




Party and Events Policy


Note: Until further notice Jstay has declared a global ban on all parties and events at Jstay listings, including a cap on occupancy at 16. This party ban applies to all future bookings on Jstay, and it will remain in effect indefinitely, until further notice.

Our Community Standards prohibit members of the Jstay Community from creating a nuisance that disturbs the surrounding neighborhood. Hosts and guests can meet this standard by making sure they clearly align on expectations for events at listings. While we believe most guests are respectful, we’ve created our Parties and Events policy to provide clear guidance on what we expect from everyone. Until further notice, the policy prohibits:

  • Gatherings of more than 16 people
  • All disruptive parties and events

Guests who are reported for throwing a disruptive party or violating our rules on gatherings of more than 16 people are subject to suspension or removal from Jstay’s platform. In some cases, guest reviews left after such parties may be removed. We may also remove listings if we determine that a host has authorised a party that violates this policy. If we receive reports that a listing is disrupting the surrounding community, we may request that the host update their rules or suspend the listing.

In addition to strengthening our rules around parties, we’re also working to try and proactively stop disruptive parties before they even start by strengthening our risk-detection technologies.

Large gatherings

Until further notice, gatherings of more than 16 people—including both overnight guests and visitors—are not allowed, regardless of host authorization.

Parties and events

Until further notice, all disruptive parties and events are prohibited, regardless of size. Guests who hold these types of events may have their account removed, and hosts who violate this rule and allow guests to throw parties may be subject to account consequences up to and including the removal of their listing.

Reporting a disruption

When a property that’s listed on Jstay is causing a disturbance—whether that’s excessive noise, a disruptive party, a gathering of more than 16 people, or unsafe behavior—members of the local community can report it at support@jstay.com. Once an issue is reported, Jstay will send a confirmation email explaining what happens next.

Listing content guidelines

In line with this policy, hosts should not attract disruptive parties and events in their home by advertising their space as party- or event-friendly. Similarly, hosts should not advertise their space for gatherings larger than 16 people.

Listings that violate these rules through the listing title, description, house rules, photos, etc., may be suspended until the violating content is removed. Where we've received complaints for a property violating this rule, we may also suspend the listing for up to 30 days and ask the host to update their listing to include an explicit rule stating that parties and events are not allowed.

In rare cases where it appears that the listing is intended only for the purposes of hosting parties or events (for example, party or event venues), or where a property has created a severe nuisance within a neighborhood, the listing may be permanently removed from Jstay.

Rules that apply to different property types

Traditional hospitality settings

We trust hosts of traditional hospitality venues (such as boutique hotels) to determine their own rules for events. Traditional hospitality hosts can allow appropriate events at their own discretion. In cases where we receive complaints about these listings and events or where the types of events are inappropriate, we will follow up with the venues as necessary.




Cancellation - Hosts


As a host, what penalties apply if I cancel a reservation for a stay?

Because cancellations disrupt guests' plans and impact confidence in the Jstay community, hosts should fulfill all confirmed reservations. If a host cancels a reservation, the following consequences will apply except as described below. If a host cannot fulfill a reservation for any reason, it is their responsibility (and not the guest’s) to cancel in a timely manner to allow their guest to adjust their plans.

In this article

  • Cancellation fee
  • Unavailable/blocked calendar
  • Public review
  • Account suspension and deactivation
  • Superhost status
  • When consequences may not apply

Cancellation fee

You will be charged a fee if you cancel a confirmed reservation. Typically, we deduct that fee from your first payout after the cancellation. The amount deducted will depend on when you accepted the reservation and how soon before check-in you canceled it:

  • More than 7 days before check-in, we’ll deduct $50 from your next payout
  • Less than 7 days before check-in, we’ll deduct $100 from your next payout

The cancellation fee will be waived if you have completed at least 10 consecutive bookings without canceling or in certain other circumstances.

Unavailable/blocked calendar

If you cancel a confirmed reservation, your calendar may be blocked, in which case you won't be able to accept another reservation that overlaps with the canceled reservation.

Public review

If you cancel before the day of check-in, an automated review will be posted to your listing's profile indicating that you canceled one of your reservations. These reviews can't be removed, but you may be able to write a public response to clarify why you needed to cancel.

If you cancel on the day of check-in or later, guests can choose to leave a public review on your listing’s profile.

Account suspension and deactivation

If you cancel 3 or more reservations within a year, we may suspend or deactivate your listing.

When consequences may not apply

The consequences set out in this article may not apply in certain limited circumstances. Learn more about when consequences don’t apply.




Quarantine and Isolation Stays Policy


During the COVID-19 pandemic, we expect that hosts and guests will have questions about responsible travel. Therefore, we’ve developed a set of guidelines to clarify Jstay’s approach to travel during this time:

  • It is Jstay’s policy that you (and all other members of our community) should not check into a listing as a guest or have in-person interactions with guests or listings as a host, if any of the following are true:
    • You are actively infected or have tested positive with COVID-19 in the past 30 days
    • You suspect you are sick or have been exposed and are awaiting test results to confirm or deny a diagnosis of COVID-19
    • You’ve had close, sustained contact to an individual confirmed or suspected to be infected with COVID-19 within the last 14 days.
    • You are showing symptoms or are concerned about possible infection of COVID-19
  • Whether you are a host or a guest, always check government travel advisories as well as local regulations in place in order to understand how a shelter-in-place or stay at home order may impact your ability to travel or to host

Jstay will investigate reports of violations specific to this guidance and may take steps in order to protect the health and safety of the community up to and including removal of a Jstay account.

Hosting guidelines

Hosting during stay at home, lockdown, and shelter in place orders

You should always consult your local authorities to review the most recent orders for your location and circumstances. Please note that shelter in place and lockdown orders vary from one location to another and are likely to evolve over time in order to reflect local developments. If local regulations allow you to continue hosting and appropriately carry out responsibilities related to hosting (facilitating check-in, check-out, cleaning, etc.) then you can continue providing your listing on Jstay to guests in need of accommodation.

Health, safety, and cleaning guidance

You should familiarize yourselves with our health and safety guidelines which cover our recommended policy for both hosts and guests entering a Jstay listing. Finally, be sure to review our enhanced cleaning protocol to learn more about cleaning and sanitizing your space to help promote the safety of you and your guests.

Hosting a guest during a mandatory quarantine

To host responsibly within our established guidelines, make sure to familiarize yourself with our guidelines on how to host with inclusion and respect. For any bookings accepted, where there is no inconsistency with these proposed guidelines, standard cancellation penalties will apply.

As a host who has decided to continue to offer accommodations at this time, it is critical that you remain informed of the requirements for travel to your respective location. If this requirement exists for your particular location and you do not wish to accommodate guests at this time, your calendar should be blocked accordingly until the restriction is removed.

If you are choosing to host during this time, we encourage guests and hosts to communicate about any questions or concerns before the stay. For hosts, we suggest sending all guests a message, before confirming a booking, to confirm the guest is traveling responsibly within our established guidelines. Learn more about how to frame these messages with inclusion in mind.

Options for reservation requests

For the safety of the broader community, if a prospective guest has expressed a need for accommodations despite being diagnosed, awaiting test results, and or having been directly exposed to an individual confirmed or suspected to be infected with COVID-19, these reservations should not be supported. Please report any instances of these reservation requests to Jstay’s Customer Support team so that we can take the necessary steps to offer support.

Guest guidelines

Booking a Jstay listing in order to be closer to a family member that has been infected with COVID-19

Provided that you have not been directly in contact with any individual who may present an infection risk, and won’t be in direct contact during your reservation, you can make a reservation on Jstay. Before booking, confirm that you are permitted to travel according to local regulations at both your place of departure and arrival. Make sure to check out the government orders and decrees related to COVID-19.

Booking a Jstay listing to self-isolate

Guests who present risks of infection due to a positive diagnosis/test, symptoms, or exposure to a confirmed infection case should not use Jstay for the purpose of self-isolation. Similarly, if you believe that you have been infected or exposed, please contact a medical professional and your local health authorities and inform Jstay’s Community Support team so we can assist you with a penalty free cancellation.

Booking a Jstay listing in order to comply with a quarantine order due to recent travels in an at-risk area

The situation is evolving very quickly so it is important to continue to regularly check on local restrictions in place in the location where you intend to travel. Some states and countries demand travelers to quarantine for a certain amount of time when arriving in another location while others prohibit short term rentals or non-essential travel. If the circumstances of your travel are allowed by local authorities in your destination, you should be able to make a reservation provided that you do not present a risk of infection (due to a positive diagnosis/test, symptoms or exposure to a confirmed infection case).




Content Policy


By posting content on the Jstay Platform, you agree to abide by this policy. We reserve the right to remove any content, in whole or part, that violates this policy, our Terms of Service, our Community Standards, our Review Policy, or for any other reason at our sole discretion.

In the event of repeated or severe violations, we may suspend or permanently deactivate the account(s) in question.

You can report the content directly or contact us to report content that appears to violate this policy.

The following content is not allowed on Jstay:

  • Content created solely for the purpose of advertising or other commercial content, including company logos, links, or company names
  • Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner
  • Content that endorses or promotes illegal or harmful activity, or that is sexually explicit, violent, graphic, threatening, or harassing
  • Content that is discriminatory (review our Nondiscrimination Policy for more info)
  • Attempts to impersonate another person, account, or entity, including a representative of Jstay
  • Content that is illegal or that violates another person’s or entity’s rights, including intellectual property rights and privacy rights
  • Content that includes another person’s private or confidential information, including content that is sufficient to identify a listing’s location

Policy violations

The following are policy violations specific to a type of the content:

Listing titles

  • Listing titles that include information irrelevant to the listing type, style, or experience
  • Listing titles that include symbols or emojis

Listing or profile pages

  • Listings and profiles that provide fraudulent, false, misleading, or deceptive information

Community Center

  • Content that is off-topic, doesn’t ask a question, or doesn’t offer knowledge in response to a question as part of a larger discussion
  • Trolling or repeatedly targeting community members

Reviews

  • Reviews that are biased or exhibit indications of extortion/incentivization, conflicts of interest, or direct competition
  • Reviews that contain no relevant information about a host or guest, listing, or experience may be removed. Reviews that contain mostly irrelevant information are also subject to removal, but only where the otherwise relevant information would not be expected to meaningfully inform the booking decisions of other community members.

Learn more about Jstay’s Review Policy and how Jstay moderates review disputes.

Custom URLs

  • Additional content guidelines apply to the creation of custom URLs. Learn more about Jstay’s Custom URL Policy.

Jstay's Content Policy

By posting content on Jstay, you agree to abide by this policy. We reserve the right to remove any content, in whole or part, that violates this policy, our Terms of Service, our Community Standards, our Review Policy, or for any other reason at our sole discretion.

In the event of repeated or severe violations, we may suspend or permanently deactivate the account(s) in question.

You can report the content directly or contact us to report content that appears to violate this policy.

The following content is not allowed on Jstay:

  • Content created solely for the purpose of advertising or other commercial content, including company logos, links, or company names
  • Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner
  • Content that endorses or promotes illegal or harmful activity, or that is sexually explicit, violent, graphic, threatening, or harassing
  • Content that is discriminatory (review our Nondiscrimination Policy for more info)
  • Attempts to impersonate another person, account, or entity, including a representative of Jstay
  • Content that is illegal or that violates another person’s or entity’s rights, including intellectual property rights and privacy rights
  • Content that includes another person’s private or confidential information, including content that is sufficient to identify a listing’s location

Policy violations

The following are policy violations specific to a type of the content:

Listing titles

  • Listing titles that include information irrelevant to the listing type, style, or experience
  • Listing titles that include symbols or emojis

Listing or profile pages

  • Listings and profiles that provide fraudulent, false, misleading, incomplete or deceptive information

Community Center

  • Content that is off-topic, doesn’t ask a question, or doesn’t offer knowledge in response to a question as part of a larger discussion
  • Trolling or repeatedly targeting community members

Reviews

  • Reviews that are biased or exhibit indications of extortion/incentivization, conflicts of interest, or direct competition
  • Reviews that contain no relevant information about a host or guest, listing, or experience may be removed. Reviews that contain mostly irrelevant information are also subject to removal, but only where the otherwise relevant information would not be expected to meaningfully inform the booking decisions of other community members.

Learn more about Jstay’s Review Policy and how Jstay moderates review disputes.




Health and Safty Guidelines


What are the health and safety requirements for Jstay stays?

During the COVID-19 pandemic, it’s important to keep health and safety in mind. We’ve created a set of mandatory COVID-19 safety practices for both for hosts and guests of Jstay listings, based on guidance from the World Health Organization and the US Centers for Disease Control. In addition, you should be familiar with general health and safety guidelines for COVID-19 safety, continue to monitor applicable government travel restrictions and advisories, and follow all national and local guidelines.

Jstay has introduced guidelines and programs to help address health and safety concerns, but these measures cannot eliminate all risk. Especially if you're in a higher risk category (ex: people above the age of 65 or people with pre-existing medical conditions such as diabetes or heart disease), we recommend obtaining professional guidance and taking extra precautions when you are making the decision to book a stay or an experience on Jstay.

COVID-19 safety practices (required)

Wear a mask and practice social distancing

All hosts and guests must agree to:

  • Wear a mask or face covering when interacting in person
  • Maintain 6 feet/2 meters of distance from each other at all times

Follow Jstay’s enhanced cleaning protocol’s 5-step process between each stay

All hosts must agree to follow the Jstay enhanced cleaning protocol’s five-step process between guest stays.

All hosts and guests are required to follow the COVID-19 safety practices outlined above, as applicable. If you're a guest, you will not be eligible for a refund if your host cancels your reservation because you did not comply with these practices. Similarly, if you're a host, you will not be eligible for a payout if a guest cancels their stay because you did not comply with these practices. Hosts who don’t agree to these practices by 1 June, 2021 may have their calendars blocked. Any host or guest who repeatedly violates these guidelines may face other consequences, including account suspension or removal from the community.

Additional guidance for traveling and hosting during COVID-19

Don’t travel or host if you’ve recently been exposed to or have symptoms of COVID-19

To protect the health and safety of our community, it is Jstay’s policy that hosts (and all people who may be present at the listing before or during a stay) should not enter their listing(s) or interact with their guests, and guests should not check into a listing if any of the following are true:

  • You are actively infected or have tested positive with COVID-19 in the past 30 days
  • You suspect you are sick or have been exposed and are awaiting test results to confirm or deny a diagnosis of COVID-19
  • You are showing symptoms or are concerned about possible infection of COVID-19
  • You’ve had close, sustained contact with an individual confirmed or suspected to be infected with COVID-19, within the last 14 days*

For more detail about what to do in the event of illness or exposure to COVID-19, review the following documents:

  • Extenuating circumstances policy for specific details about reservation changes and cancellations related to the coronavirus
  • Quarantine and isolation stays policy to read more about these guidelines and Jstay's approach to travel during the COVID-19 pandemic

Wash your hands regularly

Be sure to wash your hands often, especially if you’re in contact with people outside your reservation and are touching surfaces and utensils in a shared space or a common area.

  • Wash your hands properly with soap and water for at least 20 seconds
  • If soap and water are not readily available, use a hand sanitizer that contains at least 60% alcohol; cover your hands and rub them together until they feel dry

Maintain distance and wear a mask in common areas and shared spaces

When you are in a common area or shared space (as a host or guest), wear a mask and maintain distance from anyone who's not part of your reservation at all times in accordance with the COVID-19 safety practices (at least 6 feet or 2 meters). Hosts should avoid physical contact with guests and provide a no contact check-in whenever possible.

Remember, if you feel uncomfortable staying in a private room or shared space, consider booking an entire place instead. If you’re uncomfortable hosting a private room or shared space, you can list your entire place, or pause your hosting if that’s not possible.

Hosts should also follow local guidelines around hosting private rooms, shared spaces, and the total number of people allowed to gather in the listing.

Note: From the date hereof UNTIL FURTHER NOTICE, Jstay has announced a global ban on all parties and events at Jstay listings, including a cap on occupancy at 16. This party ban applies to all future bookings on Jstay and it will remain in effect indefinitely, until further notice. Read our Party and Events Policy for more info.

Additional guidelines for hosts of private rooms and shared spaces

Hosts of private room or shared space listings should also:

  • Cap the guest count to allow for social distancing in all common areas
  • Limit the spaces that guests can access, to avoid unnecessary exposure for you and your guests
  • Ventilate common areas during the stay, when safe and secure to do so, as specified in the cleaning protocol
  • Clean and sanitize common areas (such as bathrooms and kitchens) as frequently as possible

Some governments may place restrictions on hosting private or shared rooms or may impose additional obligations or requirements on those spaces. Please make sure to review and follow any additional safety and cleaning guidance from government and/or health authorities in your local jurisdiction.

What to do if you test positive for COVID-19 during or after your stay

If you recently tested positive for COVID-19 or have started to feel any COVID-19 symptoms, and have recently stayed in a listing or interacted with guests as a host, contact us. You should also inform relevant local authorities as well as your doctor.




Community Standards


Your safety and well-being is our priority

Overview

Travelling

Hosting

Community Standards

Home Safety

Creating a world where anyone can truly belong requires a foundation of trust grounded in consistent expectations of host and guest behaviour. We’ve established these Community Standards to help guide behavior and codify the values that underpin our diverse international community.

This is an active living document, as we’re constantly refining our approach to meet the needs of our community. But these five standards—safety, security, fairness, authenticity, and reliability—remain central pillars in our efforts to help ensure safety and foster belonging. We’re always working to make sure they’re upheld and enforced.

Safety

Your Jstay experience begins the moment you embrace adventure. That’s only possible when you trust this community and feel safe. As a result, we require that you refrain from endangering or threatening anyone.

Harming yourself or others

You should not commit physical or sexual assault, sexual abuse, sexual harassment, domestic violence, robbery, human trafficking, other acts of violence, or hold anyone against their will. Members of dangerous organizations, including terrorist, organized criminal, and violent racist groups, are not welcome in this community. Jstay is committed to working with law enforcement as appropriate and responding to valid law enforcement requests.

We take suicide, self-injury, eating disorders, and hard drug abuse extremely seriously and work to help people in crisis.

Threatening anyone

You should not convey an intent to harm anyone by your words or physical actions. We also take threats of self-harm as seriously as we do actions and may intervene if we become aware of a threat.

Creating hazardous situations

You should not keep unsecured weapons, disease risks, or dangerous animals in your listing, nor should you create conditions that increase the likelihood of a fire or impede escape in the event of emergency.

Security

Our Jstay community members share their homes, neighborhoods, and experiences. Whether you’re opening your home as a host or experiencing a host’s hospitality as a guest, you should trust that you will feel secure. We ask you to respect others’ property, information, and personal belongings.

Theft, vandalism, or extortion

You should not take property that isn’t yours, use someone’s property without their permission, copy others’ keys or identity documents, damage others’ property, remain in listings after a stay is concluded, or threaten anyone with bad ratings or any other penalty or harm to obtain compensation or other benefits.

Extortion or incentivization

Any attempt to use reviews or review responses to force a person to do something they aren’t obligated to do is a misuse of reviews, and we don’t allow it.

People who use Jstay aren’t allowed to tie positive reviews to promises of compensation or to threaten negative reviews if a desired outcome is not met. Violations may result in the restriction, suspension, or termination of your Jstay account.

This policy prohibits:

  • Guests threatening to use reviews or ratings in an attempt to force a host to provide refunds, additional compensation, or a reciprocal positive review.
  • Hosts requiring a guest to leave a positive review or rating, or to revise a review in exchange for a partial or full refund, or a reciprocal review. Hosts also cannot offer a free or discounted stay in exchange for a guest revising an existing review.
  • Hosts or guests asking someone to take specific actions related to a review in exchange for the resolution of a dispute.

This policy does not prohibit:

  • A guest from contacting a host with a problem prior to leaving a review.
  • A host or guest seeking refunds or additional payment and leaving a review - where that review is not used as a threat to sway the outcome of a resolution.
  • A host from asking a guest to leave an honest positive review or rating reflecting a positive experience.
  • A host or guest from revising a review within the time constraints for revision.

Spam, phishing, or fraud

You should not make transactions outside of Jstay’s payments system; commit booking fraud, credit card fraud, or launder money; attempt to drive traffic to other sites or market unrelated products; divert payments meant for others; abuse our referrals system; or make false claims against other members of the community.

Violating others’ privacy or intellectual property rights

You should not spy on other people; cameras are not allowed in your listing unless they are previously disclosed and visible, and they are never permitted in private spaces (such as bathrooms or sleeping areas). You should not access others’ accounts without authorization or violate others’ privacy, copyrights, or trademarks.

Fairness

The global Jstay community is as diverse, unique, and vibrant as the world around us. Fairness is what holds us together, what makes it possible for us to trust one another, integrate seamlessly within communities, and feel as if can we can truly belong.

Discriminatory behavior or hate speech

You should treat everyone with respect in every interaction. So, you should follow all applicable laws and not treat others differently because of their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, disability, or serious diseases. Similarly, insulting others on these bases is not allowed.

What is Jstay’s Non-Discrimination Policy?

Bullying or harassing others

You should not share personal information to shame or blackmail others, target others with unwanted behavior, defame others, or violate our review and content standards.

Disturbing the surrounding community

You should not disturb common spaces, treat neighbors as “front desk staff,” create a pervasive nuisance for those around you, or persistently fail to respond to neighbor or community concerns.

Authenticity

Your Jstay experiences should be full of delightful moments and surprising adventures. Since our community is built on trust, authenticity is essential—it requires a balance of shared expectations, honest interactions, and accurate details.

Misrepresenting yourself

You should not provide a false name or date of birth, use listings for commercial purposes without your host’s permission, have events or parties without your host’s approval, maintain duplicate accounts, or create an account if you’re under 18.

Misrepresenting your spaces

You should not provide inaccurate location information, have incorrect availability, mislead people about the type, nature, or details of your listing, substitute one listing for another, set up fake or fraudulent listings, leave fraudulent reviews, engage in deceptive pricing, or fail to disclose hazards and habitability issues.

Experiences that are merely transactions

Jstay began as a way to allow people to share their homes. Though Jstay has grown since the early days, and home sharing has expanded around the world, we still expect that every listing is not just a transaction, but a place for others to belong.

Reliability

Every Jstay experience is unique and each detail specific to a home, a neighborhood, and a host. Since our community makes commitments based on these details, we have to be able to trust each other’s reliability—whether it be in timely communication, the condition of the home, or in the expectations we set.

Providing uninhabitable spaces

You should not provide spaces with sub-standard cleanliness or undisclosed lack of running water or electricity. You should not provide spaces that are not legitimate sleeping quarters (e.g. camping gear), not stationary for the duration of the stay (e.g. moving boats), or lack access to dedicated restroom facilities (e.g. directing guests to use public bathrooms).

Breaking commitments

Absent extenuating circumstances, you should not cancel after the deadline set in the relevant cancellation policy. You should also not fail to make check-in possible, fail to pay, or break the host’s house rules.

Being unresponsive

You should not have persistently and pervasively low ratings, be unresponsive during booking or throughout a stay, fail to provide an adequate point of contact for hosting, or refuse to participate in our resolution process.




Extenuating Circumstances Policy


Note: This article does not address circumstances related to the coronavirus (COVID-19) pandemic. Review our COVID-19 extenuating circumstances article to learn about coverage of COVID-19 related circumstances, and in particular the coverage limitations for reservations made until further notice

Effective date: 30 May, 2021

Overview

This Extenuating Circumstances Policy explains how cancellations are handled when unforeseen events beyond your control arise after booking and make it impracticable or illegal to complete your reservation. This Policy applies to reservations for both accommodations and Experiences.

When this Policy allows for cancellation, it controls and takes precedence over the reservation’s cancellation policy. Guests that are impacted by an event covered by this Policy can cancel their reservation and receive, depending on the circumstances, a cash refund, travel credit, and/or other consideration. Hosts that are impacted by an event covered by this Policy can cancel without adverse consequences (SEE CANCELLATION – HOSTS), but, depending on the circumstances, their calendars may be blocked for the dates of the cancelled reservation.

What events are covered

This Policy uses the term “Event” to refer to the following situations that occur after booking, are unforeseen at the time of booking, and prevent or legally prohibit completion of the reservation.

Changes to government travel requirements. Unexpected changes to visa or passport requirements imposed by a governmental agency that prevent travel to the destination. This doesn’t include lost or expired travel documents or other personal circumstances relating to a guest’s authorization to travel.

Declared emergencies and epidemics. Government declared local or national emergencies, epidemics, pandemics, and public health emergencies. This does not include diseases that are endemic or commonly associated with an area—for example, malaria in Thailand or dengue fever in Hawaii.

Government travel restrictions. Travel restrictions imposed by a governmental agency that prevent or prohibit traveling to, staying at, or returning from the Listing location. This does not include non-binding travel advisories and similar government guidance.

Military actions and other hostilities. Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder, and civil unrest.

Natural disasters. Natural disasters, acts of God, large-scale outages of essential utilities, volcanic eruptions, tsunamis, and other severe and abnormal weather events. This does not include weather or natural conditions or events that are common enough to be reasonably foreseeable in that location—for example, hurricanes occurring during hurricane season in Florida.

What is not covered

Everything else. This Policy only allows for cancellations for the Events described above. Everything else is excluded. Examples of situations that this Policy does not allow cancellations for include: unexpected disease, illness, or injury; government obligations like jury duty, court appearances or military duties; travel advisories or other government guidance (that fall short of a travel ban or prohibition); cancellation or rescheduling of an event for which the reservation was made; and transportation disruptions unrelated to a covered Event like road closures, as well as flight, train, bus and ferry cancellations. If you cancel a reservation in these cases, the amount refunded will be determined by the cancellation policy that applies to the reservation.

What to do next

If we notify you or publish information confirming that this Policy applies to your reservation, please follow the cancellation instructions that we provide. When we have notified you or published information about how this Policy applies, you should have the option to cancel under this Policy by going to your Trips page and canceling the impacted reservation. If you believe this Policy applies to your reservation, but we have not notified you or published information about the Event, please contact us to cancel your reservation. In all cases, you should be prepared to provide documentation that shows how the Event has impacted you or your reservation.

If you have questions, please contact us at support@jstay.com.

Other things to be aware of

This Policy applies to all reservations with a check-in date on or after the effective date.




Payments Terms of Service


Payment Terms of Service for European and Non-European Users
If you are a European consumer you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr . Please note that Jstay Payments is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
Last Updated: 7 June, 2021
These Payments Terms of Service (“Payments Terms”) are a binding legal agreement between you and Jstay Payments that govern the Payment Services (defined below) conducted through or in connection with the Jstay Platform. When these Payments Terms mention “Jstay Payments,” “we,” “us,” or “our,” it refers to:

  • Jstay Ltd. (“Jstay” or “Jstay Payments”)
Jstay Payments provides payments services to Members publishing, offering and booking Accommodations or other Host Services, and other current and future services provided via the Jstay Platform. These payment services may include (if available) the following (collectively, “Payment Services”):
  • Collecting payments from Guests (“Pay-in”), by charging the payment method associated with their Jstay account, such as credit card, debit card, bank account or PayPal account (“Payment Method”);
  • Effecting payments to Hosts (“Payout”) to a financial instrument associated with their Jstay account, such as a PayPal account, bank account, direct deposit, a prepaid card, or a debit card (“Payout Method”);
  • Effecting payments to a third-party Payout Method designated by a Host;
  • Collection and payment of charitable donations;
  • Payment collection services; and
  • Other payment related services in connection with Host Services.
In order to use the Payment Services, you must be at least 18 years old, must have a Jstay account in good standing in accordance with the Jstay Terms & Conditions (“Terms”), and must keep your payment and personal information accurate and complete.
The Terms separately govern your use of the Jstay Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms.
Table of Contents
1 Your use of the Payment Services
2 Guest Terms
3 Host Terms
4 Appointment of Jstay Payments as Limited Payment Collection Agent
5 General Terms
6 Damage Claims and Security Deposits
7 Abandoned Property
8 Prohibited Activities
9 Force Majeure
10 Disclaimers
11 Liability
12 Indemnification
13 Modification, Term, Termination, and other Measures
14 Governing Law and Dispute Resolution
15 Miscellaneous
16 Additional UK Clauses for Users Contracting with Jstay Payments
17 Contacting Jstay Payments
1. Your use of the Payment Services
1.1 Jstay Payment Services. By using the Payments Services, you agree to comply with these Payment Terms. Jstay Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Jstay Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Jstay Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different Terms of service and privacy policies, and Members should review them. Jstay Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Jstay Payments of those Third-Party Services.
1.3 Your Jstay Account. Jstay Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Jstay account. You may authorize a third party to use your Jstay account if the feature is enabled for your Jstay account. You acknowledge and agree that anyone you authorize to use your Jstay account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person. If you reside in the EEA and contract with Jstay Payments, this Section 1.3 does not apply to you.
1.4 Verification. You authorize Jstay Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Jstay Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional Terms and conditions. If there is a conflict between these Payments Terms and Terms and conditions applicable to a specific Payment Service, the latter Terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Guest Terms
2.1 Adding a Payment Method. When you add a Payment Method to your Jstay account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Jstay Payments or its third-party payment processor(s). You authorize Jstay Payments and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method, Jstay Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Jstay account so it can be used for a future transaction. You can remove the Payment Method from your Jstay account as long as it is not associated with an active or future reservation.
2.3 Payment Authorization. You allow Jstay Payments to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Jstay account.
2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment. Jstay Payments generally charges the Total Price due after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), Jstay Payments will collect the Total Price due at the time of your booking request or after the Host accepts your booking request. Jstay Payments may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Jstay Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional Terms and conditions may apply for the use of an alternative payment option. If Jstay Payments is unable to collect the Total Price due, as scheduled, Jstay Payments will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Currency. Jstay Payments will process each transaction in the currency you select via the Jstay Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence and/or your Jstay Payments contracting entity(ies). Any such limitations will be communicated via the Jstay Platform, and you will be prompted to select a different currency or Payment Method. Note that if your Jstay Payments contracting entity’s location is different than the country of your Payment Method or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method's billing currency, your bank or credit card company may convert the payment amount to
your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. Jstay Payments is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
2.7 Booking Request Status. If a requested booking is declined either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by Jstay Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
2.8 Payment Restrictions. Jstay Payments reserves the right to decline or limit payments that we believe (i) may violate Jstay Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Jstay, Jstay Payments, or others to risks unacceptable to Jstay Payments.
2.9 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Jstay Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional Terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility. Jstay Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.11 Different Ways to Pay
2.11.1 Payment Plan
2.11.1.1 Jstay Payments may make available to Guests the option to pay a portion of the booking’s Total Price at the time of booking and pay the remainder of the Total Price at a later time prior to check-in (“Payment Plan”). Availability of this option may depend on the Listing and/or Payment Method.
2.11.1.2 If you choose a Payment Plan, the Jstay Platform will notify you during check out of the amount, currency and schedule of each payment due. On the following payments due date, Jstay Payments will automatically charge the original Payment Method you used to make the booking.
2.11.1.3 If you make a modification to a booking made with a Payment Plan, Jstay Payments will notify you of the revised payment schedule, as applicable. If the modification increases your Total Price, you may be required to make an additional partial payment of the new Total Price at the time of the modification.
2.11.1.4 You agree that by selecting a Payment Plan, you may not be able to pay for the booking with a different Payment Method or pursuant to a different payment schedule.
2.11.1.5 If Jstay Payments is unable to collect your payment, Jstay Payments will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice. If you fail to complete the payment, you authorize Jstay to cancel the booking on your behalf. If the booking is canceled, you will be refunded based on the Host’s cancellation policy. You acknowledge that you may incur fees for cancellations pursuant to the Host’s cancellation policy.
2.11.2 Recurring Payments
2.11.2.1 For certain bookings (such as for Accommodation bookings of twenty-eight (28) nights or more), Jstay Payments may require a Guest to make recurring, incremental payments toward
the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Jstay Platform if applicable to a booking.
2.11.2.2 If Recurring Payments apply to a confirmed booking, then the Guest authorizes Jstay Payments to collect the Total Price due.
2.11.2.3 Guests may stop a Recurring Payment by notifying Jstay Payments orally or in writing at least three (3) business days before the scheduled date of the payment. Jstay Payments may require you to give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within those fourteen (14) days, Jstay Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Jstay Payments.
3. Host Terms
3.1 Payment Collection. Jstay Payments generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.
3.2 Adding a Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Jstay account. When you add a Payout Method to your Jstay account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Jstay Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. You authorize Jstay Payments to collect and store your billing information and financial instrument information. Jstay Payments may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1 Subject to and conditional upon successful receipt of the payments from Guest, Jstay Payments will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 24 hours after the Guest’s scheduled check-in time (or 24 hours after 3:00 pm local time - or 3:00 pm UTC if local time is unknown - if the check-in time is flexible or not specified); and (ii) for all other Host Services, at the time specified via the Jstay Platform. For Accommodation bookings of twenty-eight (28) nights or more, Jstay Payments will generally initiate the first payout 24 hours after the Guest’s scheduled check-in time, and will initiate future payouts every 30 days after the initial payout, for the duration of the reservation.
3.3.2 Jstay Payments may offer you a different Payout time or trigger for payment, which may be subject to additional Terms and conditions.The time it takes to receive Payouts once released by Jstay Payments may depend upon the Payout Method you select. 3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like and applicable taxes. In the event of cancellation of a confirmed booking, Jstay Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. Jstay Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, Jstay Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Currency Conversion. Jstay Payments will remit your Payouts in the currency you select via the Jstay Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your Jstay contracting entity(ies). Any such limitations will be communicated via the Jstay Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and Jstay Payments is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts. For compliance or operational reasons, Jstay Payments may limit the amount of a Payout. If you are due an amount above that limit, Jstay Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.8 Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Jstay Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional Terms of use. Please review them before using your Payout Method.
3.9 Your Payout Method, Your Responsibility. Jstay Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
3.10 Different ways to get paid
3.10.1 Split Payouts
If you provide Host Services jointly with one or more other Hosts as part of a team, business or other organization (“Host Team”), Jstay may make available to such Hosts the option to allocate between the members of the Host Team the total Host Payout for a booking. Jstay Payments will execute such payments at the instruction of one or more members of the Host Team and is not responsible for any losses related to errors or omissions made by the Hosts in providing such payment instructions.
4. Appointment of Jstay Payments as Limited Payment Collection Agent
4.1 Each Host, including each Host Team member, hereby appoints Jstay Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
4.2 Each Host, including each Host Team member, agrees that payment made by a Guest through Jstay Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that Jstay Payments may refund the Guest in accordance with the Terms. Each Host understands that Jstay Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. Jstay Payments guarantees payments to Host(s) only for such amounts that have been successfully received by Jstay Payments from Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, Jstay Payments assumes no liability for any acts or omissions of the Host.
4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that Jstay Payments is not a party to the agreement between you and the Host(s), including each Host Team member, Jstay Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to Jstay Payments, the Guest’s payment obligation to the Host(s) for the agreed upon amount is
extinguished, and Jstay Payments is responsible for remitting the funds successfully received by Jstay Payments to the Host(s) in the manner described in these Payments Terms. In the event that Jstay Payments does not remit any such amounts, the Host(s) will have recourse only against Jstay Payments and not the Guest directly.
5. General Terms
5.1 Fees. Jstay Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Jstay Platform.
5.2 Payment Authorizations. You authorize Jstay Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Jstay account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Jstay Payments to collect from you:
  • Any amount due to Jstay or Jstay Payments (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Host or user of the Jstay Platform), including reimbursement for costs prepaid by Jstay or Jstay Payments on your behalf. Any funds collected by Jstay Payments will set off the amount owed by you to Jstay or Jstay Payments and extinguish your obligation to Jstay or Jstay Payments.
  • Any amount due to a Host from a Guest which Jstay collects as the Host’s payment collection agent as further set out in Section 4 above.
  • Taxes, where applicable and as set out in the Terms .
  • Any amount you pay through the Resolution Center in connection with your Jstay account.
  • Overstay penalties payable under the Terms , including any cost and expenses incurred in collecting the overstay penalty.
  • Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Host, you cancel a confirmed booking).
  • Any amounts already paid to you as a Host despite a Guest cancelling a confirmed booking or Jstay deciding that it is necessary to cancel a booking in accordance with the Terms, Guest Refund Policy, Extenuating Circumstances Policy , or other applicable cancellation policy. You agree that in the event you have already been paid, Jstay Payments will be entitled to recover the amount of any such guest refund from you, including by subtracting such refund amount out from any future Payouts due to you.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Jstay Payments collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3 Collections
5.3.1 If Jstay Payments is unable to collect any amounts you owe under these Payments Terms, Jstay Payments may engage in collection efforts to recover such amounts from you.
5.3.2 Jstay Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after Jstay Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed
after the adjustment is made to the Host’s Jstay account or the associated services have been provided, whichever is later.
5.3.3 Jstay Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after Jstay Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s Jstay account or the associated services have been provided, whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Jstay and/or Jstay Payments by you. Such communications may be made by Jstay, Jstay Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1 Jstay Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Jstay Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Jstay Payments.
5.5 Refunds
5.5.1 Any refunds or credits due to a Member pursuant to the decision that it is necessary to cancel a booking in accordance with the Terms, Guest Refund Policy, and Extenuating Extenuating Policy, will be initiated and remitted by Jstay Payments in accordance with these Payments Terms.
5.5.2 Subject to this Section 5.5.2, Jstay Payments will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Jstay Payments will initiate and process the refund as soon as is practicable.
6. Damage Claims and Security Deposits
6.1 If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) Jstay determines that you are responsible for damaging any real or personal property at a Listing pursuant to the Terms , you authorize Jstay Payments to charge the Payment Method used to make the booking in order to collect any security deposit associated with the Listing, as well as any fees, costs and/or expenses associated with the Damage Claim. If Jstay Payments is unable to collect from the Payment Method used to make the booking, you agree that Jstay Payments may charge any other Payment Method on file in your Jstay account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s))
6.2 You agree that Jstay Payments may seek to recover from you under any insurance policies you maintain and that Jstay Payments may also pursue against you any remedies it may have
available, including, but not limited to, in relation to any payment requests made by Hosts under the Jstay Host Guarantee.
7. Abandoned Property
If Jstay Payments holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.
8. Prohibited Activities
8.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
  • breach or circumvent any applicable laws or regulations;
  • breach or circumvent any agreements with third parties, third-party rights, or the Terms, Policies , or Standards;
  • use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
  • register or use any Payment Method or Payout Method with your Jstay account that is not yours or you do not have authorization to use;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Jstay Payments or any of Jstay Payments’ providers or any other third party to protect the Payment Services;
  • take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8.2 You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
9. Force Majeure
Jstay Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Jstay or Jstay Payments, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
10. Disclaimers
10.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
10.2 Notwithstanding Jstay Payments’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, Jstay Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Jstay Payments does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
10.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
10.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
11. Liability
11.1 If you reside in the UK or Switzerland and contract with Jstay Payments you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Jstay account in any way, you are responsible for the actions taken by that person. Neither Jstay Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Jstay Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Payments Terms or an approved payment request under the Jstay Host Guarantee, in no event will Jstay Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the Jstay Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Jstay Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Jstay Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Jstay Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent
misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
11.2 If you reside in the EEA and contract with Jstay Payments, Section 11.1 does not apply, and Jstay Payments is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Jstay Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Jstay Payments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Jstay Payments is excluded to the maximum extent allowed by applicable law.
12. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at Jstay Payments’ option), indemnify, and hold Jstay Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights. If your country of residence is in the EEA, the indemnification obligation according to this Section 12 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
13. Modification, Term, Termination, and other Measures
13.1 Modification. Except as otherwise required by applicable law, Jstay Payments may modify these Payments Terms at any time. If we make material changes to these Payments Terms, we will post the revised Payments Terms on the Jstay Platform and update the “Last Updated” date at the top of these Payments Terms. If you are affected by the modification, we will also provide you with notice of the modification at least two (2) months before the date they become effective. If you do not terminate your agreement before the date the revised Payments Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
13.2 Term. This agreement between you and Jstay Payments reflected by these Payments Terms is effective when you create a Jstay account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.
13.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Jstay account. Terminating this agreement will also serve as notice to cancel your Jstay account pursuant to the Terms. Without limiting our rights specified below, Jstay Payments may terminate this agreement for convenience at any time by giving you two (2) months’ prior notice. Jstay Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Jstay Payments believes in good faith that such action is reasonably necessary to protect other Members, Jstay, Jstay Payments, or third parties.
13.4 Suspension and Other Measures. Jstay Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the
order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms , applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Jstay Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Jstay, its Members, Jstay Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method.
13.5 Appeal. If Jstay Payments takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting our support desk at info@Jstay.com.
13.6 Effect of Termination. If you cancel your Jstay account as a Host or Jstay Payments takes any of the measures described above, Jstay Payments may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your Jstay account as a Guest, Jstay Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Jstay account or attempt to access and use the Payment Services through a Jstay account of another Member.
13.7 Survival. Unless your country of residence is in the EEA, Sections 5 through 17 of these Payments Terms shall survive any termination or expiration of this agreement.
14. Governing Law and Dispute Resolution
14.1 If you are contracting with Jstay Payments, these Payments Terms will be interpreted in accordance with English law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As a consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a court in England. If Jstay wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
15. Miscellaneous
15.1 Interpreting these Payments Terms. Except as they may be supplemented by additional Terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Jstay Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Jstay Payments and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
15.2 No Waiver. Jstay Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
15.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Jstay Payments’ prior written consent. Jstay Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with two (2) months’ prior notice.
15.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Jstay Payments via email or Jstay Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which Jstay Payments transmits the notice.
15.5 Additional Clauses regarding English law.
16. The following paragraphs will apply as Jstay has its principal place of business in the UK:
16.1 Payment Service User
16.1.1 The Payment Services include the payment collection service provided to Hosts contracting with Jstay Payments. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes Jstay Payments treats Hosts as the “payment service user.”
16.1.2 By agreeing to these Payments Terms you as a Host have consented to Jstay Payments ’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. Jstay Payments will be deemed to have received the Host's payment order to the Host on the same date Jstay Payments agrees to initiate the Payout in accordance with Section 3.3
16.1.3 Jstay Payments will endeavor to ensure that Hosts based in the UK will receive each Payout by the end of the business day following Jstay Payments’ initiation of the Payout.
16.1.4 Communication. Jstay Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.
16.2 Resolution Procedures for Diverted Payouts
16.2.1 If you as a Host believe that a Payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your Jstay account (“Credentials”) are lost or stolen, you should notify Jstay Payments pursuant to Section 20 immediately. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £50. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment.
16.2.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the Jstay Platform and/or Payment Services in accordance with the Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.
16.2.3 If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method, Jstay Payments will (if requested) make immediate efforts to trace the payment
and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.
16.2.4 Any complaints about the Payment Services should be made to Jstay Payments UK pursuant to Section 17. Complaints that are made in accordance with this section that relate to the provision of Payment Services by Jstay Payments will be eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman Service offers a free complaints resolution service to individuals, micro-enterprises, small charities, and trustees of small trusts. You can contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123 9123 or 0800 023 4567 ; from other countries: +44 20 7964 0500 , on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm; (ii) post: South Quay Plaza, 183 Marsh Wall, London E14 9SR; or (iii) email: enquiries@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is also available in a number of different languages and if you need it you will be put in touch with a translator when you contact the UK Financial Ombudsman Service.
17. Contacting Jstay Payments
You may contact Jstay Payments regarding the Payment Services using the information below:
CONTACT INFORMATION
Jstay Ltd.
Company Number: 12697011
Jstay Limited is authorised and regulated by the Financial Conduct Authority as an Electronic Money Institution with reference number _________. Jstay Limited of 20 Linthorpe Rd. London N16 5RF
(Tel.: +44 20 3807 6318) You can find more information about the on its website at www.jstay.com
Jstay will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.





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