Website Terms of Use
Last Revised on 10 April 2022
AGREEMENT BETWEEN CUSTOMER AND GAYNAV LTD
Welcome to the Gaynav.com website (the “Website”) This Website is provided to solely assist customers to book Gay and Gay-friendly accommodation around the world.
GAYNAV provides services to you subject to the following notices, terms, and conditions set forth in this agreement. By using this site, you agree to obey the rules, guidelines, policies, terms, and conditions applicable to such services. We reserve the right to change this site and these terms and conditions at any time.
Before proceeding, please read this agreement because accessing, browsing, or otherwise using this site indicates your agreement to the terms and conditions in this agreement.
DEFINITIONS
“GAYNAV” “us” “we” “our” means gaynav.com, a limited liability company incorporated under the laws of the United Kingdom, and having its registered address at Kemp House, 160 City Road, London, EC1V 2NX, United Kingdom.
“Reservation” means the order, purchase, payment, booking, or Reservation of Accommodation.
“Provider” means the provider of accommodation (e.g., hotel, motel, apartment, villa, bed and breakfast, and landlord) or related product or Service available through GAYNAV.
“Service” means the online purchase, order, payment, or reservation service as offered or enabled by GAYNAV in respect of various products and services made available by Providers on GAYNAV.
USE OF THE WEBSITE
As a condition of your use of the GAYNAV Website, you warrant the that:
- you are at least 18 years of age;
- you have the legal authority to create a binding legal agreement;
- you will abide by the terms of use of this Website;
- you will only use the Website to make legitimate bookings for yourself or another person you are authorised to act on behalf of;
- you will inform the other person of the terms and conditions you have agreed to;
- all the information you supply during the booking process will be true, accurate, current, and complete;
SCOPE AND NATURE OF OUR SERVICE
GAYNAV provides an online service through which Accommodation Providers can advertise, market, sell, promote and/or offer their rooms for Reservation, and through which relevant visitors of the GAYNAV can discover, search, compare, and reserve the accommodation. By using GAYNAV, you enter into a direct, legally binding contractual relationship with the Provider with which you make a reservation. From the point at which you make your Reservation, we act solely as an intermediary between you and the Provider. We transmit the relevant details of your Reservation to the relevant Provider(s) and send you a confirmation email for and on behalf of the Provider. GAYNAV does not (re)sell, rent out, or offer any accommodation.
When rendering our Service, the information that we disclose is based on the information provided to us by the Providers. As such, the Providers that market and promote their Accommodation on GAYNAV are given access to our systems through which they are fully responsible for updating all rates/fees/prices, availability, policies and conditions, and other relevant information which is displayed on GAYNAV. Although we will use due diligence and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of GAYNAV or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Provider remains responsible at all times for the accuracy, completeness, and correctness of the (descriptive) information (including the rates/fees/prices, policies, and conditions and availability) displayed on GAYNAV. GAYNAV does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or star rating, level of “gayness”, type of Accommodation of any Provider or its facilities that have been made available, save as explicitly indicated or set out otherwise.
PRICES AND OFFERS FACILITATED BY PROVIDERS
The prices as offered by the Providers on GAYNAV are highly competitive. All prices for your Stay are displayed including VAT/sales tax. Other taxes (such as local tourist/city taxes) and fees unless stated differently on GAYNAV or the confirmation email/ticket may be payable directly to the hotel depending on the policy applicable in the territory. Ticket prices are per person or group and subject to validity or expiration as indicated on the ticket, if applicable. Applicable fees and taxes (including tourist/city tax) may be charged by the Provider in the event of a no-show or cancellation. Prices will be shown in the currency of the hotel, and conversion applied at the relevant rate.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such. If they are not
labeled as such, you cannot derive any rights in the event of obvious errors or mistakes.
PRIVACY
GAYNAV respects your privacy. Please have a look at our Privacy Policy for further information.
PAYMENT METHODS
A 12% deposit must be made with all Reservations, payments can be made with a major credit card or other methods via our Payment Gateway. The balance of the accommodation cost should be paid directly to the accommodation Provider at the checkout time, or at other times as advised by the Provider. Some properties will require a larger deposit at certain times of the year and this will be advised before booking.
Some banks and credit card companies impose fees for international transactions. We have attempted to provide a large number of currencies for you to pay in, if your currency is not on the list, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside in some territories. The currency exchange rate and the foreign transaction fee are determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at GPB 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on GAYNAV, we will pay you this deductible, up to an aggregate amount of GPB 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately. Please provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using GAYNAV’s secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.
PRE-PAYMENT, CANCELLATION, NO-SHOW, AND FINE PRINT
By making a Reservation with a Provider, you accept and agree to the relevant cancellation and no-show policy of that Provider, and to any additional terms and conditions of the Provider that may apply to your booking (including the fine print of the Provider made available on GAYNAV and the relevant house rules of the Provider), including for services rendered and/or products offered by the Provider. The relevant terms and conditions of a Provider can be obtained from the relevant Provider. GAYNAV will try to include the general cancellation and no-show policy of each Provider on the Provider information pages, during the reservation procedure, and in the confirmation email or ticket (if applicable) but can make no guarantee to that effect and it is the customers responsibility to ensure they understand what the providers additional terms and conditions are. Please note that certain rates, fees, or special offers are not eligible for cancellation, refund, or change. Applicable city/tourist tax may still be charged by the Provider in the event of a no-show or charged cancellation. Please check the reservation details of your accommodation of choice thoroughly for any such conditions prior to making your Reservation. Please carefully read the fine print at the bottom of each Provider page on GAYNAV and important information in your reservation confirmation for additional policies as may be applied by the Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit, or credit card details, invalid credit or debit cards, or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Provider agrees or allows otherwise under its (pre)payment and cancellation policy.
In the event of the accommodation Provider not providing the agreed/booked accommodation, it is the Provider that will find a resolution for the customer. If no satisfactory resolution is found the customer should contact GAYNAV so we can investigate and take further action if appropriate, however it is the Provider who must make financial reparation and GAYNAV will not refund either the Service Charge or any advance monies taken by the Provider in respect of the booking.
If you wish to review, adjust or cancel your Reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Provider’s cancellation, (pre)payment, and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment, and no-show policy of the accommodation provider carefully prior to making your Reservation and remember to make further payments on time as may be required for the relevant Reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to communicate this with the Provider in a timely fashion so they know when to expect you, and to avoid cancellation of your Reservation or being charged a no-show fee. Our customer service department can help you if needed with informing the Provider. GAYNAV does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Provider.
DISPUTES; ARBITRATION
GAYNAV is committed to our customer's satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. However, if we are unsuccessful, you or we may pursue claims as explained in this section.
To give us an opportunity to resolve informally any disputes between yourself and GAYNAV arising out of or relating in any way to the Website, these Terms of Use, our Privacy Policy, any services provided, or any representations made by us (“Claims”), you agree to communicate your Claim to GAYNAV by contacting GAYNAV Customer Support. You agree not to bring any suit or to initiate arbitration proceedings until 60 days after the date on which you communicated your Claim to Customer Support has elapsed. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
You and GAYNAV agree that any and all Claims will be resolved by binding arbitration, rather than in court, except that you and we may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, or any companies offering accommodation services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees, and costs). The arbitrator must follow and enforce these Terms of Use.
Arbitrations will be conducted by The London Court of International Arbitrators (LCIA) under its rules, including the LCIA Consumer Rules. Payment of all filing, administration, and arbitrator fees will be governed by the LCIA's rules, except as provided in this section.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have the authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “GAYNAV Legal: Arbitration Claim Manager,” at GAYNAV Ltd., Kemp House, 160 City Road, London, EC1V 2NX, United Kingdom. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The LCIA’a rules and filing instructions are available at https://www.lcia.org/ or by calling +44 20 7936 6200.
CORRESPONDENCE AND COMMUNICATION
GAYNAV disclaims any liability or responsibility for any communication by or with the Provider on or through their systems. You cannot derive any rights from any request to, or communication with the Provider or any form of acknowledgment of receipt of any communication or request. GAYNAV cannot guarantee that any request or communication will be duly or timely received or read by, complied with, executed or accepted by the Provider.
In order to duly complete and secure your Reservation, you need to ensure your email address is correct. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong phone numbers or credit card numbers.
Any claim or complaint against GAYNAV, or in respect of the Service must be promptly submitted, but in any event within 30 days after the scheduled day of check out date of the accommodation. Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any compensation.
Due to the continuous update and adjustments of rates and availability, we strongly suggest making screenshots when making a reservation to support any claim.
All complaints should be sent to
GAY RATING, STAR RATINGS, AND GUEST REVIEWS
We aim to display search results that are relevant to you, by providing a personalised default ranking of Providers on GAYNAV. You can scroll through this default ranking, use filters, and sort by alternative ranking orders, and thus have the ability to change the presentation of search results to receive a ranking order based on selected criteria.
Accommodation’s star rating displayed on GAYNAV is not determined by GAYNAV. The accommodation Provider determines their star rating themselves, or it is determined by an independent third-party provider of star ratings. Deals are shown on the basis of the number of stars that Providers provide to GAYNAV. Depending on the local regulations, the star classifications either are assigned by an independent third party, for example, an official hotel rating organisation, or are based on the opinion of the accommodation providers themselves. GAYNAV does not impose formal obligations on star ratings and does not review them. Overall, the star rating classification is a representation of how the accommodation compares to the sector or industry standards in terms of price, facilities, and available services, these standards vary between different countries and organisations.
In order to make it easier for customers to find the right match for their travel preferences, GAYNAV may assign a “Gay Rating” rating, which is determined by GAYNAV and displayed with the hotel name. The “Gay Rating” rating is based on whether the property is wholly Gay, Gay friendly, Gay owned and managed, or mixed. Also, it takes into account the properties facilities, the number of gay venues located around the property whether the accommodation restricts children staying, ie Adult only property, and reviews of users of the accommodation. Based on these inputs, a “Gay Rating” rating is awarded to the accommodation.
Only customers who have stayed at the accommodation will be invited by GAYNAV to comment on their stay at the relevant accommodation and to provide a score for certain aspects of their stay. The completed guest review and submitted rating may be uploaded onto the relevant Provider’s information page on GAYNAV for the sole purpose of informing future customers of your opinion of the level of Service and quality of the Provider. The information can also be used and placed by GAYNAV, at its sole discretion for marketing, promotion on GAYNAV or social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by GAYNAV. In order to offer and maintain recent and more relevant reviews, the reviews can only be submitted within 3 months of the stay. GAYNAV does allow the Provider to respond to a review. We reserve the right to adjust, refuse, or remove reviews at our sole discretion insofar as they violate our review policy. GAYNAV does not compensate or otherwise reward a customer for completing a review. The guest review form should be regarded as a survey and does not include any additional commercial offers, invitations, or incentives whatsoever. GAYNAV undertakes to use its best efforts to monitor and remove reviews that include obscenities or the mention of an individual’s name or reference to stolen goods.
GAYNAV will not accept reviews which include:
- Profanity, sexually explicit content, hate speech, discrimination, threats, or violence
- Mention of full names, personal attack towards the staff
- Promoting illegal activities (e.g. drugs, prostitution)
- Sites, emails and addresses, phone numbers, credit card details
- Politically sensitive comments
GAYNAV and the Provider are each entitled to terminate their relationship for whatever reason with due observance of the relevant notice period as agreed between both parties.
CUSTOMER REGISTRATION
Registering on GAYNAV provides you with an easy way of accessing your accommodation reservations. You will be prompted for a password during the registration process, it is your responsibility to keep your password confidential, if you suspect that your account has become compromised, contact us at
LINKS TO OTHER SITES
We may, from time to time, provide links to other websites. The linked sites are not under our control, and we explicitly state that we are not responsible for the content, goods, and services of any linked site. The provided links are a convenience for users, are not a reflection of an endorsement by us.
DISCLAIMER
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered by, paid for, or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate deposit of your Reservation as set out in the Reservation Confirmation email, whether for one event or series of connected events.
However, and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the descriptive information (including rates, availability and ratings) of the Provider as made available on GAYNAV, (iii) the services rendered or the products offered by the Provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of GAYNAV, or (v) any personal injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or Service are (directly or indirectly) made available, offered or promoted on or through GAYNAV, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
GAYNAV is not responsible, and disclaims any liability, for the use, validity, quality, suitability, fitness, and due disclosure of the accommodation and makes no representations, warranties, or conditions of any kind in this respect, whether implied, statutory, or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Provider is solely responsible and assumes all responsibility and liability in respect of the accommodation (including any warranties and representations made by the Provider). GAYNAV is not a (re)seller of the accommodation. Complaints or claims in respect of the accommodation (including related to the offered (special/promotion) price, policy, or specific requests made by Customers) are to be dealt with by the Provider. GAYNAV is not responsible for and disclaims any liability in respect of such complaints, claims, and (product) liabilities.
Whether or not the Provider has charged you for your Trip, or if we are facilitating the payment of the (Trip) price or fee, you agree and acknowledge that the Provider is at all times responsible for the collection, withholding, remittance, and payment of the applicable taxes due on the total amount of the (Trip) price or fee to the relevant tax authorities. GAYNAV is not liable or responsible for the remittance, collection, withholding, or payment of the relevant taxes due on the accommodation price or fee to the relevant tax authorities.
By uploading photos or images onto our system you certify, warrant, and agree that you own the copyright to the photos and images and that you agree that GAYNAV may use the uploaded photos or images on its website and app, and in online or offline) promotional materials and publications and as GAYNAV, at its discretion, sees fit. You are granting GAYNAV a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos and images as GAYNAV at its discretion see fit. By uploading these photos or images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to GAYNAV publishing and using these photos or images. GAYNAV does not own or endorse the photos or images that are uploaded. The truthfulness, validity, and right to use of all photos and images are assumed by the person who uploaded the photo and are not the responsibility of GAYNAV. GAYNAV disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos and images shall not contain any viruses, Trojan horses, or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable, or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo or image that does not meet the aforesaid criteria will not be posted and/or can be removed or deleted by GAYNAV at any time and without prior notice.
Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by GAYNAV and the intellectual property rights (including the copyrights) of the contents and information of and material on GAYNAV are owned by GAYNAV and its Providers.
GAYNAV exclusively retains ownership of all rights, title, and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) GAYNAV on which the Service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in GAYNAV or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to GAYNAV. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights.