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Please read these Terms carefully. By accessing or using the Platform or the Services, You agree that You have read, understood, and agree to be bound by these Terms, including the binding arbitration agreement below. If You do not agree, please do not use the Platform.

TERMS OF USE

Last Updated: 2 June 2025

These Terms of Use, together with any documents, policies, and additional terms that expressly incorporate them by reference, including the Privacy Policy (available here), Cancellation Policy (available here) (as may be amended from time to time, the "Terms"), govern Your access to and use of all products, websites, its subdomains, mobile and web applications, content, features, functionality, and services (collectively, the "Services") made available exclusively or non-exclusively on or through [staynearn.com] and any other website, mobile application, or web application operated by Us (collectively, the "Platform").

These Terms apply to all Persons who engage with the Platform, including, but not limited to, Guests who browse, search for, and Book Hotels (collectively referred to as "Users" or "You").

Additional terms may apply to specific Services, programmes, or features made available through the Platform, including, but not limited to, loyalty rewards or promotional offers. Where such terms apply, they will be provided separately and shall supplement these Terms. In the event of any inconsistency between these Terms and any additional terms, these Terms shall prevail unless expressly stated otherwise in the additional terms.

These Terms constitute a legally binding agreement between You and Stay and Gain Portal Co. L.L.C, a limited liability company incorporated under the Applicable Laws of the Government of Dubai (referred to as "StaynEarn," "We," "Us," or "Our"), and govern all access to and use of the Platform by You.

Your use of the Platform is subject to the version of the Terms in effect at the time of access. We reserve the right to modify or update these Terms at any time without prior notice. Any such modifications will be posted on the Platform, and the revised Terms will become effective upon publication unless otherwise specified. It is Your sole responsibility to periodically review the Terms to stay informed of any updates. We may, where feasible, provide notice of material changes to the Terms, such as through Platform notifications, emails to Your registered or preferred address, or other reasonable methods. In any event, You will be required to accept any updated Terms upon Your next log-in before continuing to access or use the Services.

If You do not agree to any changes to the Terms, Your sole and exclusive remedy is to discontinue the use of the Services. As Our Services continue to evolve, We reserve the right to modify, suspend, or discontinue any part of the Services at any time without prior notice and without liability to You.

1. GENERAL

1. Definitions

"Affiliate" means, in relation to any Person, any other Person that:
1. is directly or indirectly controlled by, or under common control with, such first-mentioned Person;
2. directly or indirectly controls such first-mentioned Person; or
3. is a third party with whom StaynEarn has entered into a formal affiliate relationship.
For the purposes of this definition, "control" means the direct or indirect ability to direct or influence the management, policies, or affairs of a Person, whether through ownership of voting securities, by contract, or otherwise, and the term "controlling" shall be interpreted accordingly.
“API” means a set of defined protocols, routines, and tools for building software and applications, which allows one software program to communicate or interact with another.
"Applicable Law" means any statute, law, regulation, rule, ordinance, code, directive, decree, judgement, order, policy, guideline, or other legal requirement issued by any governmental, regulatory, judicial, or statutory authority, including any amendments, re-enactments, or replacements thereof, that are applicable to the subject matter of these Terms.
"Booking Fee" means the total amount payable by a Guest to confirm a Booking on the Platform, which may be paid in Fiat and includes, without limitation: (i) the base price for the Hotel stay as set by the Hotel; (ii) any applicable Service Fees and (iii) any additional charges, such as Taxes, surcharges, or Hotel-specific costs (e.g., cleaning fees, municipality fees, or security deposits), if disclosed prior to Booking.
"Booking Services" shall have the meaning assigned to such term in Clause 2.1.
"Booking" (or, where the context requires, "Book" or "Booked") means the process initiated by a Guest to reserve a Hotel through the Platform, including the submission of a booking request and, where applicable, its acceptance or confirmation by the relevant Hotel through Third-Party Service Providers, resulting in a binding reservation.
"Business Day" shall mean any other than a Sunday or a day on which scheduled commercial banks in the United Arab Emirates are authorised or required by the Applicable Law to be closed.
"Cancellation Policy" refers to the Platform's cancellation policy made available at [Cancellation policy].
"Clause" shall have the meaning assigned to such term in Clause 1.2.
"Dispute" shall have the meaning assigned to such term in Clause 15.1.
"Fiat" means any government-issued currency that is recognised as legal tender in its country of issuance, the value of which is not based on physical commodities but rather on the creditworthiness and authority of the issuing government or central bank. Fiat currencies are used as the standard medium of exchange for transactions and are distinct from virtual assets, cryptocurrencies, or digital tokens.
"Force Majeure Event" shall have the meaning assigned to such term in Clause 17.8.
"Group Entities" means any company, corporation, partnership, joint venture, or other legal entity that is directly or indirectly controlled by or under the common control of StaynEarn.
"Guest" means any Person who accesses the Platform to search for, browse, or Book Hotels listed on the Platform and includes any Person on whose behalf such Bookings are made.
"Hotels" means any licensed accommodation establishment, including but not limited to hotels or similar properties, that is made available to the Guests by Third-Party Service Providers.
"Intellectual Property Rights" means:
1. all intellectual and industrial property rights of any kind, whether registered or unregistered, including but not limited to copyrights, database rights, moral rights, patents, rights in inventions, trade secrets, know-how, rights in designs, trademarks, service marks, trade names, business names, domain names, and rights in computer software and source code;
2. all rights to apply for, renew, or extend any of the rights listed in paragraph (i), and all similar or equivalent rights or forms of protection which now or in the future may subsist in any part of the world;
3. all rights under licences, consents, or permissions in relation to any of the foregoing; and
4. the right to bring, make, oppose, defend, appeal, or settle claims for past, existing, or future infringement, misuse, or misappropriation of any of the foregoing rights.
"Occupants" shall have the meaning assigned to such term in Clause 9.1.
"Our" shall have the meaning assigned to the term in the introduction of these Terms of Use.
"Payment Methods" shall have the meaning assigned to such term in Clause 10.1.
"Payment Service Provider" means any Third-Party Service Provider engaged by StaynEarn to facilitate, process, collect, or disburse payments in connection with Bookings on the Platform, including but not limited to handling Booking Fees, Payouts, refunds, chargebacks, or currency conversions, through authorised Fiat-based Payment Methods.
"Payment Services" shall have the meaning assigned to such term in Clause 10.1.
"Person" means any natural person or legal entity, including but not limited to individuals, partnerships, corporations, limited liability companies, joint ventures, associations, trusts, unincorporated organisations, and governmental authorities.
“Personal Data”, as defined in the Privacy Policy, means any information, whether true or not, that can identify an individual:
1. on its own; or
2. when combined with other information to which StaynEarn has or is likely to have access.
"Platform" shall have the meaning assigned to such term in the introduction of these Terms of Use, and includes all functionality enabling Guests to discover and Book Hotels.
“Privacy Policy” refers to the StaynEarn's privacy policy, available at [https://staynearn.com/privacy-policy.html].
"Service Fee" means the fee that may be charged by StaynEarn to Guests, for the provision of specific services in connection with a Booking or use of the Platform.
"Service" shall have the meaning assigned to such term in the introduction of these Terms of Use.
"SIAC Rules" means the arbitration rules of SIAC, as amended and in force at the time a dispute is submitted for arbitration, which govern the procedure and administration of arbitration proceedings conducted under Clause 15.
"SIAC" shall have the meaning assigned to such term in Clause 15.3.
"StaynEarn" shall have the meaning assigned to the term in the introduction of these Terms of Use.
"Taxes" shall have the meaning assigned to such term in Clause 11.1.
"Terms" shall have the meaning assigned to the term in the introduction of these Terms of Use.
"Third-Party Service Providers" means independent service providers engaged by StaynEarn to support the operation, functionality, or delivery of the Platform or specific features thereof. These may include, without limitation, identity verification providers, customer support services, Hotel providers, data storage providers, and Payment Service Providers responsible for processing, collecting, or disbursing payments. Users may be required to engage or interact with such Third-Party Service Providers directly, and such interactions shall be governed by the respective terms and conditions of those providers unless expressly stated otherwise by StaynEarn.
"Us" shall have the meaning assigned to such term in the introduction of these Terms of Use.
"User" shall have the meaning assigned to the term in the introduction of these Terms of Use, and means any Person accessing or using the Platform who satisfies the eligibility criteria set out in Clause 4 of these Terms of Use.
"We" shall have the meaning assigned to such term in the introduction of these Terms of Use.
"You" refers to the User as defined in the introduction of these Terms of Use, and includes any Person who accesses or uses the Platform in any capacity.
"Your" shall be interpreted accordingly as the possessive form of You.

2. Interpretations

In these Terms, unless repugnant to the context:

Headings and defined terms are for convenience only and do not affect the interpretation of these Terms;
The meaning of general words is not limited by specific examples introduced by "including," "for example," "such as," or similar expressions.
Unless otherwise indicated, reference to a specified clause shall be construed as a reference to that specified clause ("Clause") of this Agreement;
The singular includes the plural and vice versa.
All terms and conditions of these Terms, including introductory paragraphs, recitals, schedules, and any attached documents, are contractual, binding, and incorporated by reference.
A reference to a particular Person includes that Person's executors, administrators, successors, permitted assigns, and legal representatives.
A reference to any date or time is determined in accordance with the relevant jurisdiction applicable to these Terms.
Any period of time calculated from a specific date or event excludes the starting date unless expressly stated otherwise.

SECTION 2 - PLATFORM TERMS

2. SCOPE AND AGREEMENT TO TERMS

StaynEarn provides Hotel Booking Services through its Platform by integrating with Third-Party Service Providers via APIs. These integrations allow Guests to browse, compare, and book Hotel accommodations directly through the Platform (the “Booking Services”). StaynEarn acts solely as an online intermediary and does not independently list or operate any Hotel accommodations. All Hotel information displayed on the Platform is made available by Third-Party Service Providers.
StaynEarn does not own, manage, or control any Hotels listed on the Platform. All aspects of Hotel availability, pricing, booking confirmations, cancellation and modification policies are managed exclusively by the respective Third-Party Service Providers. While StaynEarn does not process payments directly, the Platform facilitates the initiation and transmission of payments between Guests and Third-Party Service Providers using integrated third-party payment solutions. All payments made through the Platform are subject to the terms and conditions of the relevant service providers.
By accessing or using the Platform, You acknowledge and agree to be bound by these Terms. If You do not agree to these Terms, You must immediately cease using or accessing the Platform.

3. ADDITIONAL TERMS AND POLICIES

Your use of the Platform may be subject to additional terms, policies, and guidelines, which may be published on the Platform from time to time. These additional terms, when applicable, shall govern Your use of specific Services and form part of Your agreement with Us. In case of any inconsistency between these Terms and any specific Service terms, the additional terms shall take precedence with respect to that specific Service.
Certain Platform functionalities, including but not limited to identity verification and payment processing, may be provided through Third-Party Service Providers. You may be redirected to their platforms, and You agree to comply with their terms and conditions when accessing those services.

4. USER ELIGIBILITY

To access or use the Platform, You must:
1. be at least 18 years of age; and
2. have the legal capacity to enter into binding contracts, including on behalf of a legal entity where applicable.
If You do not meet the requirements set out in Clause 4.1 above, You are not permitted to access or use the Platform. You must not attempt to access or use the Platform if doing so would violate any Applicable Laws or these Terms.

5. ACCEPTABLE USE AND USER CONDUCT

You agree to access and use the Platform only in compliance with these Terms and applicable Laws and in a manner that does not compromise the integrity, functionality, or reputation of the Platform. The following conduct is strictly prohibited:
1. Unauthorised Commercial Behaviour and Circumvention:
  1. Attempting to bypass the Platform to Book accommodations directly with a Hotel for existing, and partial Bookings;
  2. Contacting Hotels outside the Platform for the purpose of redirecting, duplicating, or modifying a Booking without using the Platform before a Booking is confirmed;
  3. Cancelling confirmed Bookings on the Platform to re-Book the same transaction through off-Platform means;
  4. Transmitting any abusive, harassing, threatening, indecent, hateful, discriminatory, obscene, illegal or otherwise objectionable messages, media or content; and
  5. Initiating or attempting to initiate communication with Hotels outside the Platform prior to confirming a Booking, unless expressly authorised by StaynEarn in writing;
2. Technical Abuse and Platform Misuse:
  1. Harvesting, scraping, copying or collecting data from the Platform, whether manually or using automated tools (such as bots, crawlers, spiders, or scrapers) without Our express written consent;
  2. Reverse-engineering, decompiling, or otherwise attempting to access or derive the source code of the Platform or any software supporting it;
  3. Introducing viruses, malware, trojans, logic bombs, or any other code that is malicious or harmful to the Platform or its Users;
  4. Attempting to gain unauthorised access to any part of the Platform, its servers, databases, or related systems;
  5. Sublicensing, distributing, selling, leasing, or otherwise exploiting access to the Platform or any part of it without Our express prior written consent;
  6. Using any manual process to monitor, copy, or replicate the content available on the Platform without Our express prior written consent; and
  7. Engaging in any action that disables, disrupts, or otherwise impairs the normal functioning of the Platform or restricts another User’s access or use.
3. General Prohibited Conduct:
  1. Violating any provision of these Terms or any other policy, guideline, or rule published by StaynEarn from time to time.
If You become aware of any violation of this Clause 5, including conduct that is unlawful or contrary to these Terms, You must promptly report such conduct to Us in accordance with Clause 17.11. In the event of such a breach, We may at our sole discretion take necessary action available to Us under these Terms or Applicable Laws.

6. USER REPRESENTATIONS AND WARRANTIES

By accessing or using the Platform or Services, You represent, warrant, and undertake that:
1. You meet all eligibility criteria set out in Clause 4.
2. Your access to and use of the Platform is lawful in Your jurisdiction and does not contravene any Applicable Laws, sanctions regimes, regulatory restrictions, or court orders.
3. You shall not use the Platform for any unlawful, fraudulent, abusive, or deceptive purpose. You will not engage in any activity that could impair the integrity, security, or functionality of the Platform, including but not limited to impersonation, submission of false or misleading information, manipulation of reviews or ratings, or interference with Booking data.
4. All information You provide to StaynEarn, whether for identity verification, Booking purposes, or otherwise, is and shall remain true, accurate, current, and complete.
5. You agree to cooperate with any reasonable verification or compliance-related requests made by any Third-Party Service Provider, including providing documents or data for know-your-customer, or other due diligence procedures required under Applicable Law or operational policy.
6. You acknowledge that all Bookings, payments, and Hotel-related services are managed by Third-Party Service Providers. You shall not interfere with or attempt to circumvent the systems or processes operated by these providers, nor shall You assert claims against StaynEarn for matters falling within the Third-Party Service Providers' scope of responsibility.
7. You shall not misuse any Platform feature, including but not limited to promotions, discounts, or referral systems, by engaging in dishonest conduct, such as creating multiple accounts or submitting false claims.

SECTION 2 – GUEST TERMS

7. BOOKING

The Platform enables You to submit Booking requests for accommodation services offered by Hotels made available through Third-Party Service Providers. StaynEarn does not own, operate, or manage any Hotel, nor does it directly provide accommodation services. The Platform functions solely as an aggregator through which Booking requests are transmitted to the relevant Third-Party Service Provider.
StaynEarn is not a travel agent, Hotel operator, or accommodation provider. It does not collect or process payments or issue Booking confirmations independently. All such services, including but not limited to Booking confirmation and payment processing, are performed directly by the applicable Third-Party Service Provider. StaynEarn assumes no responsibility or liability for the actions, omissions, or service delivery of any such provider.
Account Creation (Optional)
1. Guests may choose to create an account on the Platform using a valid email address and password.
2. Account creation is optional and not a condition for making a Booking. However:
  1. Bookings made while logged into an account will be linked to that account.
  2. Account holders may access and manage their Booking(s), including cancellation, directly via the Platform, subject to the Cancellation Policy.
All Guests, regardless of whether they create an account, will receive a Booking confirmation via email. The confirmation will include relevant reservation details along with instructions for modification or cancellation. Guests who do not create an account may request changes or cancellations by contacting StaynEarn’s customer support at [email protected], subject to the Cancellation Policy.
To complete a Booking on the Platform, Guests must submit the required details through the booking interface, which may include a booking form or any other method prescribed by the relevant Hotel or its designated Third-Party Service Provider. The information requested may include, without limitation, guest names, contact details, identification information, special requests, and stay preferences. StaynEarn does not collect or process this information for its own use. It merely facilitates the secure transmission of the information to the applicable Third-Party Service Provider solely for the purpose of completing and managing the Booking. The Third-Party Service Provider remains solely responsible for handling the information in accordance with its own terms and applicable data protection laws. Once the required Booking information is submitted, the Guest shall be prompted to proceed with payment in accordance with the terms outlined in Clause 10.5 of these Terms.
By submitting a Booking request via the Platform, You consent to the transmission of relevant details to the applicable Third-Party Service Provider. A binding contract is formed directly between You and the Hotel upon confirmation.
Any Personal Data submitted during the creation of the user account or Booking shall be subject to the Privacy Policy. You agree and confirm that any data provided is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which breach may be determined by Us in Our sole discretion.
You consent to the collection, sharing, transfer, use, and disclosure of Your Personal Data (including disclosure to other Users, Third-Party Service Providers, credit reference, fraud prevention or financial crime agencies, in accordance with the terms and conditions as applied by such Third-Party Service Providers, where applicable). All processing of Your Personal Data will be conducted in compliance with applicable privacy laws and regulations as detailed in our Privacy Policy.
You may be required to pay a Booking Fee to confirm the Booking, subject to the Hotel’s terms and policies, communicated to You prior to the confirmation of the Booking. Portions or all of this Booking Fee may be non-refundable. You are strongly advised to review the applicable cancellation and refund policy before proceeding.
All charges, including the Booking Fee, applicable Taxes, and any other amounts due, will be presented to You at the time of submission of the Booking request. You are responsible for reviewing and agreeing to these amounts before confirming the Booking. StaynEarn shall not be responsible for discrepancies that arise during payment processing.
Each Hotel may have specific terms, conditions, and rules, including check-in/check-out timings, property conduct rules, and cancellation policies. You are solely responsible for understanding and complying with all such terms. Optional services or incidental expenses incurred during Your stay (such as meals, spa treatments, room service, or local taxes) are not included in the Booking Fee and must be settled directly with the Hotel.
By confirming a Booking, You agree to be bound by both these Terms and the policies of the relevant Hotel. In case of any inconsistency between these Terms and the Hotel’s terms relating to the provision of accommodation, the Hotel’s terms shall take precedence for that portion of the arrangement.
StaynEarn does not guarantee the availability, accuracy, or quality of any Hotel listed on the Platform. Descriptions, images, and other information relating to Hotels are provided by Third-Party Service Providers and are not independently verified or endorsed by StaynEarn.
By submitting a Booking request, You acknowledge and agree that StaynEarn shall not be liable for any losses, damages, or claims (whether direct or indirect) arising out of or in connection with Your stay, Booking, or dealings with a Hotel or Third-Party Service Provider.
Once a Booking is confirmed, modifications to the Booking, including changes to dates, duration, or number of Guests, may only be made in accordance with the Hotel’s terms and may incur additional charges, which may be communicated to You in the Booking confirmation email. Neither StaynEarn nor the Hotel is obligated to accommodate such requests.
StaynEarn reserves the right to suspend, restrict, or revoke access to the Platform at any time, including where there is suspected fraud, abuse, or breach of these Terms.

8. BOOKING FEE PAYMENT, CANCELLATION, AND REFUNDS

As a Guest, You may pay the Booking Fee using Fiat currency or any other Payment Method made available through the Platform from time to time. All payments must be made in accordance with these Terms, the applicable terms of the relevant Payment Service Provider, and any instructions provided on the Platform.
Each Hotel sets and governs its own cancellation and refund policy, which forms a part of the contract between You and the Hotel. In the event that You choose to cancel a Booking, Your entitlement to a refund, if any, will be determined solely in accordance with the cancellation and refund terms specified by the relevant Hotel. While the requests will be processed through StaynEarn, it does not determine or control such Hotel-specific terms and assumes no liability for any decisions made by the Hotel with respect to refunds.
Any refund, where applicable, shall be facilitated via the Platform with the assistance of Payment Service Providers. You acknowledge that such refunds, if processed through StaynEarn, may be subject to administrative deductions or handling fees as reasonably determined by StaynEarn and communicated to You at the time of placing the cancellation request.
Any changes to a Booking, including cancellations, amendments, or alternative arrangements, shall be requested via the Platform or the email provided in Clause 7.4.
For general information on how cancellations and refunds are handled on the Platform, You may refer to Our Cancellation Policy available here. This policy is intended to provide guidance on StaynEarn’s standard procedures regarding cancellations and refunds. However, it does not replace or override the specific terms and conditions established by each Hotel. In the event of any inconsistency between the Cancellation Policy and a Hotel's terms, the Hotel’s policy shall take precedence.

9. ASSUMPTION OF RISK AND LIABILITY

You acknowledge and agree that You are solely responsible for Your conduct and that of any individuals accompanying You (“Occupants”) during Your stay at any Hotel Booked via the Platform. This includes, but is not limited to, ensuring that the Hotel accommodation is used lawfully and returned in materially the same condition as it was at the time of check-in.
If You make a Booking on behalf of another Person, You represent that such Person is legally permitted to stay at the Hotel under these Terms and any Applicable Laws. You remain fully responsible for ensuring that the Occupant complies with all obligations imposed by these Terms and by the Hotel. You must not use the Platform to Book a Hotel for any minor or Person who is otherwise ineligible to make a Booking under these Terms.
You understand that certain Hotels may involve inherent risks due to their location, design, facilities, or amenities. By making a Booking through the Platform, You voluntarily assume all risks associated with the chosen accommodation, including risks of personal injury, illness, disability, or other harm. It is solely Your responsibility to assess whether a particular Hotel is suitable for You and any accompanying Occupants.
StaynEarn does not own, operate, or inspect any of the Hotels listed on the Platform. Hotel information, including photographs, descriptions, and amenities, is provided to Us by Third-Party Service Providers. StaynEarn does not independently verify or guarantee the accuracy, safety, legality, or condition of any Hotel. To the fullest extent permitted by Applicable Law, StaynEarn disclaims all express or implied warranties relating to the Platform, the listed Hotels, or any services facilitated through or by Third-Party Service Providers.

SECTION 5 – PAYMENT TERMS

10. PAYMENT SERVICES

Certain payment-related functionalities on the Platform are facilitated by authorised third-party Payment Service Providers (“Payment Services”) and may include the following:
1. collecting Booking Fees and applicable charges from Guests by charging the Guest’s designated payment method (such as a credit card, debit card, or bank account) (each, a “Payment Method”); and
2. collecting any Service Fees or other charges related to the use of the Platform, as communicated in advance to You.
These Payment Services are offered and operated independently by the relevant Payment Service Providers. Your use of such services may be subject to additional terms, conditions, and privacy policies of the respective provider, unless expressly stated otherwise by StaynEarn.
Access to or use of certain Payment Services may require You to separately accept the terms and conditions of the relevant Payment Service Provider. In the event of any inconsistency between these Terms and those of the Payment Service Provider, the third-party terms shall prevail solely in relation to Your use of that specific Payment Service, unless expressly stated otherwise.
If the Payment Service Provider is unable to collect Your payment, they may notify You and require You to complete the payment process using an alternative Payment Method or corrected Payment Method or, Your Booking request may be cancelled.
When You add or use a new Payment Method, the Payment Services Provider, subject to its own terms, may verify the Payment Method by:
1. authorising Your Payment Method for one or two nominal amounts and asking You to confirm those amounts;
2. requiring You to upload a billing statement, or such other method as prescribed by the Payment Services Provider; or
3. any other mechanism, as may be specified by the Payment Service Provider.
You agree and acknowledge that such requirements are imposed by the Payment Services Provider upon You, without any involvement or participation of StaynEarn or the Platform or any of their Affiliates. Any issues arising therefrom are between You and the Payment Services Provider.
StaynEarn may outsource or integrate all Payment Services through licensed and regulated Payment Service Providers. You understand and agree that StaynEarn does not control, manage, or assume any responsibility for the acts, omissions, or performance of such providers. All liability arising from Your use of or interaction with these providers, including but not limited to failed transactions, service errors, delays, or refund issues, shall be governed solely by the applicable third-party terms. To the fullest extent permitted by Applicable Law, StaynEarn disclaims all related liability. StaynEarn does not store, process, or have access to any of your payment-related data, including credit card details, wallet credentials, or other financial information. To the fullest extent permitted by Applicable Law, StaynEarn disclaims all related liability.
When making a Booking, You may be required to pay the Booking Fee either:
1. in full at the time of confirmation; or
2. as per the payment schedule specified by the relevant Hotel.
The timing, structure, and payment terms are determined exclusively by the Hotel and shall be communicated to You via the Platform or Booking confirmation. Where payment is to be made in accordance with Clause 10.5(b), and subject to the Hotel’s applicable terms, You may receive a reminder to complete the payment. If the payment is not completed within the specified timeline, the Booking may be automatically cancelled without further notice, as per the Hotel’s cancellation policy.
All payments shall be processed directly through the authorised Payment Service Provider. You acknowledge and agree that StaynEarn bears no responsibility or liability for the processing, delay, failure, or reversal of any payments made through the Platform.

11. TAXES

You are solely responsible for determining, reporting, collecting, remitting, and fulfilling all of Your obligations under any and all applicable tax, regulatory, or statutory regimes. This includes but is not limited to, income tax, corporate tax, value-added tax, goods and services tax, sales tax, use tax, withholding tax, occupancy tax, tourism or municipality levies, business licensing fees, service taxes, stamp duties, or any other direct or indirect taxes, levies, imposts, duties, charges, or surcharges imposed by any governmental, regulatory, fiscal, or revenue authority ("Taxes") in connection with Your use of the Platform, Your provision or receipt of Services, and/or transactions conducted through the Platform.
All amounts payable to StaynEarn under these Terms must be made in full, free and clear of any deductions or withholdings, including those in respect of Taxes, bank fees, or other charges, unless such deduction or withholding is required by Applicable Law. If any such deduction or withholding is required, You agree that:
1. You will ensure that the amount deducted or withheld is the minimum required by the Applicable Law;
2. You will pay such additional amounts as are necessary to ensure that StaynEarn receives the full amount it would have received had no such deduction or withholding been required; and
3. You will remit the deducted or withheld amount to the relevant tax authority within the legally prescribed timeframe and will provide StaynEarn with reasonable evidence of such payment upon request.
The Platform may be required by Applicable Law to report certain transactions or User activity to relevant tax authorities and may do so at its sole discretion. You are solely responsible for maintaining accurate and complete records regarding any Taxes that may be applicable to Your use of the Platform, and for ensuring that any information submitted to a tax authority is correct, including where such information is derived from the Platform or associated Services.

SECTION 6 – GENERAL TERMS

12. DISCLAIMER

The Platform, including all its content, and Services made available through it, is provided to You strictly on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory. To the fullest extent permitted by Applicable Law, We disclaim all warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and uninterrupted availability. We do not warrant the identity, conduct, accuracy, or suitability of any Hotel, nor do We guarantee that the Platform will function without delays, interruptions, or errors.
StaynEarn relies on certain Third-Party Service Providers, including payment processors and verification services, to deliver portions of the Platform Services. We disclaim any liability arising from or in connection with Your use of or reliance on any services provided by such Third-Party Service Providers, including any delay, error, failure, or disruption in services provided by them.
We do not accept responsibility or liability for the actions, omissions, or conduct of any Third-Party Service Provider, including but not limited to additional fees, technical failures, or service disruptions. Similarly, We are not responsible for any errors made by You during payment processing or withdrawal, including but not limited to the input of incorrect or invalid account details.
While these Terms constitute a legally binding agreement between You and StaynEarn, We are not a party to any contract, agreement, or arrangement entered into between a Guest and a Hotel, including any accommodation, Booking, or payment-related terms. We do not act as an agent, representative, guarantor, or insurer for either party in such contracts.
While We seek to maintain a secure and reliable Platform, We do not and cannot control or guarantee:
1. the existence, availability, legality, suitability, safety, or quality of any Hotel or services offered by Hotels;
2. the accuracy or completeness of Hotel descriptions, photos, reviews, or other content available on the Platform; or
3. the conduct, identity, or reliability of any Hotel.
We do not undertake any general obligation to monitor or verify the use of the Platform or the accuracy of content posted by Third Party Service Providers. However, We reserve the right (but are not obligated) to review, restrict, suspend, or remove access to any part of the Platform or content therein at Our sole discretion, including in circumstances involving suspected fraud, legal violations, or breaches of these Terms.
Access to the Platform or certain features may be interrupted or temporarily unavailable due to maintenance, updates, system failures, or other reasons beyond Our control. We do not accept responsibility for any loss or inconvenience caused by such interruptions.
StaynEarn is not responsible for and disclaims all liability arising from or related to any act, omission, or conduct of a Hotel, its staff, or any third party occurring at or in connection with a Hotel or the Guest’s stay. This includes, without limitation, any claim for personal injury, death, property damage, harassment, theft, discrimination, offensive behaviour, breach of local Applicable Laws, or other misconduct or dissatisfaction arising during or in connection with the accommodation. All such risks are assumed solely by the Guest, and StaynEarn shall have no liability or obligation in relation to such claims.

13. LIMITATION OF LIABILITY

To the fullest extent permitted by Applicable Law, neither StaynEarn nor any of its Affiliates, licensors, service providers, or any party involved in the creation, operation, or delivery of the Platform or its content shall be liable to You for any damages, including without limitation:
1. indirect, incidental, special, consequential, punitive, or exemplary damages;
2. loss of profits, loss of revenue, loss of anticipated savings, or loss of data; and
3. business interruption, reputational harm, or loss of goodwill;
arising out of or in connection with these Terms, the use or inability to use the Platform or Services, or any interaction or transaction between Users, even if We have been advised of the possibility of such damages and even if any limited remedy fails of its essential purpose.
Subject to Clause 13, and to the maximum extent permitted by the Applicable Law, Our aggregate liability arising out of or in connection with these Terms, the Platform, or the Services shall be limited as follows:
1. if You are a Guest, to the total amount paid by You for the Booking giving rise to the claim; and
2. in all other cases, to an amount not exceeding one hundred United States Dollars only (USD 100).

14. GOVERNING LAW

These Terms, and any dispute, controversy, or claim arising out of or in connection with them or the use of the Platform or Services, shall be governed by and construed in accordance with the Applicable Law, including the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates, without regard to conflict of laws principles.
The Applicable Laws of certain jurisdictions may not allow particular limitations set out in these Terms, such as limitations on liability, indemnities, or disclaimers of warranties. In such cases, those specific provisions will apply only to the maximum extent permitted by the Applicable Laws of Your jurisdiction. These Terms do not override any mandatory consumer protection rights You may have under applicable local laws.

15. DISPUTE RESOLUTION

Good Faith Efforts
Before initiating any formal legal proceedings, including arbitration or a small claims court action, You and StaynEarn agree to attempt to resolve any dispute, controversy, or claim (each a "Dispute") arising out of or in connection with these Terms, the Platform, or the Services, through the following good faith dispute resolution process:
1. Step One – Initial Complaint: You shall submit a written complaint regarding the Dispute to StaynEarn at [email protected] and, where available, raise a formal support request via the Platform. StaynEarn shall acknowledge receipt of the complaint within five (5) Business Days.
2. Step Two – Escalation: If the Dispute is not satisfactorily resolved within five (5) Business Days of the acknowledgement under Step One, You must escalate the matter by submitting a detailed written explanation of the Dispute, along with any supporting information requested by StaynEarn, to [email protected].
3. Step Three – Final Resolution Period: If the Dispute remains unresolved within thirty (30) Business Days (inclusive of Step 2) from the date the initial complaint was submitted under Step One, either party may initiate arbitration in accordance with Clause 15.2.
Binding Arbitration
If a Dispute is not resolved in accordance with Clause 15.1, it shall be referred to and finally resolved by binding arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the SIAC Rules in effect at the time of the arbitration:
1. The seat of arbitration shall be Dubai, United Arab Emirates.
2. The Tribunal shall consist of a sole arbitrator, appointed in accordance with the SIAC Rules.
3. The language of arbitration shall be English.
4. Hearings shall be conducted virtually, unless otherwise agreed by the parties in writing and to the extent permitted by the SIAC Rules and Applicable Law.
5. The arbitrator shall have exclusive authority to determine all matters relating to the Dispute, including but not limited to the arbitrability, scope, applicability, and enforceability of this arbitration Clause.
6. This arbitration agreement shall survive the termination or expiration of these Terms.
Arbitration Costs: All filing, administration, and arbitrator fees shall be allocated in accordance with the SIAC Rules. Each party shall bear its own legal fees and expenses unless the arbitrator decides otherwise under Applicable Law.
Exceptions – Small Claims and Injunctive Relief
1. Small Claims Court: Nothing in this Clause 15 prevents either party from seeking resolution of a Dispute in a small claims court, provided that the Dispute qualifies under applicable jurisdictional thresholds and remains confined to that forum.
2. Injunctive or Equitable Relief: Nothing in this Clause 15 limits StaynEarn’s or Your right to seek temporary or permanent injunctive relief or other equitable remedies in any court of competent jurisdiction, including but not limited to claims involving the unauthorised use of confidential information or infringement or misappropriation of Intellectual Property Rights.
Waiver of Jury Trial and Class Actions: You waive the right to a trial by jury or to participate in a class, representative or consolidated action or proceeding. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another Person’s claims with Your claims and may not otherwise preside over any form of a representative or class proceeding without the express written permission of all parties involved. Any provisions in the SIAC Rules to the contrary are expressly disapplied and contracted out of by virtue of this Clause 15.5.

16. INDEMNIFICATION

To the fullest extent permitted by Applicable Laws, You agree to indemnify, defend, and hold harmless StaynEarn, its Affiliates, Group Entities, and their respective directors, officers, agents, employees, shareholders, legal counsel, investors, founders, successors, and assigns from and against any and all losses, liabilities, claims, damages, demands, proceedings, and expenses (including, without limitation, reasonable legal and professional fees) arising out of or in connection with, without limitation:
1. Your access to, use of, or inability to use the Platform or the Services, whether or not such use is in compliance with these Terms;
2. Any content, Personal Data, or information You submit, post, transmit, or otherwise make available through the Platform, including any inaccuracy, omission, or misrepresentation therein;
3. Any actual or alleged infringement, misappropriation, or violation by You of any third-party rights, including intellectual property, confidentiality, or privacy rights;
4. Any Booking, interaction, or transaction made by You through the Platform, including any dispute with another User or Hotel, regardless of whether You were at fault;
5. Any act, omission, or conduct by You in connection with Your use of the Platform or the Services, including where such act or omission gives rise to liability for StaynEarn under Applicable Law, regardless of whether such act constitutes a breach of these Terms or is negligent, intentional, or otherwise;
6. Any disputes, claims, injuries, losses, or damages arising from or connected to Your interactions with any User (whether online or offline), including any Booking or stay at a listed Hotel, or the provision or receipt of Booking Services; or
7. StaynEarn being named as a party to any proceedings or claims as a result of Your actions or omissions, whether or not such claims ultimately prove to be substantiated.
You agree to cooperate fully with Us in the defence of any claim or investigation covered under this Clause. StaynEarn reserves the right, at Your expense, to assume exclusive control and defence of any matter otherwise subject to indemnification by You under this Clause.

17. MISCELLANEOUS

No Waiver: Our failure to enforce any right or provision in these Terms shall not be deemed a waiver of such right or provision unless expressly acknowledged and agreed to by Us in writing. Except where expressly stated otherwise in these Terms, the exercise by either party of any remedy under these Terms will be without prejudice to its other remedies under these Terms or Applicable Law.
Assignment: You may not assign, transfer, or delegate Your rights or obligations under these Terms without Our prior written consent. Any such attempted assignment without consent shall be void. We may freely assign or transfer Our rights or obligations under these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
Notice: Unless otherwise specified, all notices or communications required under these Terms will be provided electronically via the email address You provide to Us. Communication made by email will constitute written notice for the purposes of these Terms when the email is received (including by way of a mail delivery report or system record confirming receipt by the other party) except where the time of dispatch is not between 09:00am and 5:00pm on a Business Day, in which case the notice will be deemed to have been received at the next Business Day in that place.
Survival: Any provision of these Terms which by its nature is intended to survive termination or expiry shall survive, including but not limited to provisions concerning indemnity, limitation of liability, intellectual property, governing law, dispute resolution, and miscellaneous.
Severability: If any provision of these Terms is held to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be severed and the remaining provisions shall remain in full force and effect to the maximum extent permitted by Applicable Law.
Reporting Violations: If You believe that any Person poses a risk of harm or violates these Terms, You should report this to Us using the contact details in Clause 17.11. Where the matter involves imminent danger or criminal conduct, You should first contact appropriate authorities and provide Us a copy of any report where relevant. We are not obligated to take any particular action in response to such reports unless required by the Applicable Law.
Third-Party Services: The Platform may include links or integrations with third-party websites, including but not limited to Third-Party Service Providers' website, applications, services, or resources, which may be governed by their own terms and policies. We do not control, endorse, or assume responsibility for any third-party services, and access to them is at Your own risk.
Force Majeure: We shall not be liable for any failure or delay in performance due to events beyond Our reasonable control, including but not limited to:
1. natural disasters, earthquakes, floods, fires, or other acts of God;
2. epidemics, pandemics, or the outbreak of disease;
3. war (whether declared or not), hostilities, invasions, acts of terrorism or sabotage, or civil or military unrest;
4. riots, insurrections, political unrest, or acts of civil or military authorities;
5. enactment of new laws, regulations, or government restrictions, or changes to existing laws or enforcement;
6. embargoes, sanctions, or trade restrictions;
7. strikes, industrial or labour disputes, or shortages of labour, energy, fuel, or transportation facilities;
8. accidents, explosions, or catastrophes;
9. the unavailability, disruption, or malfunction of the internet, blockchain networks, or any system, software, or infrastructure necessary to operate the Platform;
10. hacking incidents, cyberattacks, or other malicious technological disruptions; or
11. failures or delays in telecommunications, utilities, or Third-Party Service Providers essential to the operation of the Platform.
(collectively, "Force Majeure Event")
Entire Agreement: These Terms, together with any policies or documents expressly incorporated by reference, constitute the entire agreement between You and StaynEarn concerning the use of the Platform and supersede all prior or contemporaneous understandings, whether oral or written.
Access Restrictions: We reserve the right to restrict or block access to the Platform, including specific Services or functionalities, from certain locations, internet protocol addresses, or devices at Our sole discretion.
Contact Us: If You have any questions or need to notify Us under these Terms, You may contact Us at [email protected].