Terms of service

The Terms of Service is considered as a legally binding agreement between you and Owayy. The terms of service describe the use of Owayy’s website and services. By using or accessing Owayy, any mobile application for the website or other offerings from Owayy (as defined below), these Terms of Service are posted via a link or otherwise (each referred to herein as a “Site”), you acknowledge and agree that you are subject to the following terms of service, as well as our Privacy Policy, which also governs your use of the Site, and is incorporated by reference (These Terms of Service with the Privacy Policy shall be referred to as the “Terms“). Please read these Terms carefully, as they contain important information about limitations of liability.

The Site is operated by Owayy ApS, CVR-nr. 40 11 66 64. referred to as “Owayy” “we,” “us” or “our”. The term “you“ refers to the user visiting the Site, listing a property, and/or requesting a reservation on this Site. You are not authorized to use this Site unless you are at least 18 years of age and able to enter into legally binding contracts. 

The Site is a Venue and We are not a party to any rental agreement or other transaction between users of the Site.

The Site provides an on-line marketplace to allow property managers who advertise on the Site (each, a “Host”) to offer for rent in a variety of pricing formats, a specific vacation or short term rental property to potential renter or renters (each, a “Guest” and, collectively with a member, the “users”).

We are not a party to any rental or other agreement between users. As a result, any part of an actual or potential transaction between a Host and a Guest, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any property), the ability of Guests to rent or the ability of Guests to contract for properties are solely the responsibility of each user.

For Guests

Bookings

The guest obliges to pay the given price, and comply with the guidelines of the host and Owayy, in relation to the stay. 

The stay, the price, and the quality of the stay is the responsibility of the host. 

Cancellations and refunds

At Oway, our hosts can choose between 3 cancellation policies; Flexible, Moderate and Strict.

Flexible

If there is more than 72 hours until check in the guest can either transfer their stay to a new date or receive a voucher equal to the amount paid for the stay, (the voucher is valid 12 months from the date of issue and can be used at all Owayy locations)

Moderate

If there is more than 14 days until check in the guest can either transfer their stay to a new date or receive a voucher equal to the amount paid for the stay, (the voucher is valid 12 months from the date of issue and can be used at all Owayy locations)

Strict

If there is more than 30 days until check in the guest can either transfer their stay to a new date or receive a voucher equal to the amount paid for the stay, (the voucher is valid 12 months from the date of issue and can be used at all Owayy locations).

The cancellation policy chosen by the host will appear underneath the booking box on the listing.

The cancellation policy corresponds with the 'Check in' time chosen by the host. The 'Check in' time is visible on the listing.

Liability for damages caused by the guest. 

If the host can provide significant evidence of damages caused by the guest, the guest agrees to pay for the cost of the damages. 

It is the responsibility of the guest to leave the accommodation in the same condition as it was when the guest arrived, and to pay for any damages. 

If the guest is unable to pay for the damages, it is the responsibility of the guest to have the relevant insurance(s). Owayy is not responsible for any insurances covering the damages of guests. 

For Hosts

Listings

Owayy reserves the right to remove any listing without any further notice, if Owayy finds that there are any significant reasons. It is the responsibility of the host to ensure that the information on the listing is correct, and that the stay corresponds to the impression of the listing.

Contact with guests

It is expected that the host will take over the communication with the guest after a booking is received, and ensure to deliver the experience described on the listing, at the given price. 

Cancellations of bookings

Hosts cannot cancel a booking made by a Guest, unless the Guest agrees to the cancellation or is willing to find a new date for the stay. In case you need to change a booking, please reach out to us at host@owayy.com

If it is necessary to cancel a booking due to circumstances like illness or force majeure, please reach out to us at support@owayy.com. 

 

Insurance

Owayy is not responsible for any insurances, and expects that all hosts have the necessary insurances for offering experiences on Owayy’s platform.


Compliance 

The host is responsible for understanding all the relevant laws and jurisdictions including all necessary permissions related to offering experiences on Owayy’s platform.

Availability 

The host can set their own schedules of availability in the calendar. It is the host who is responsible for informing Owayy about updates in the calendar. When the host has accepted a booking, they can not demand a higher price afterwards or make changes without having a very good reason. 

Partnership with Owayy 

Owayy and the host are two separate entities. It is the responsibility of the host to pay the right taxes and to follow the laws of the area they operate within. 

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, income or other taxes.

Accounts

It is the responsibility of hosts and guests to maintain a high level of security regarding their account information and keep their password safe. False information can result in a ban from Owayy’s services. If a security breach happens, Owayy must be informed as quickly as possible. 

Misuse of Owayy’s services

If a host or a guest misuses Owayy’s services or in any way harms the brand or reputation of Owayy, it can result in an exclusion from Owayy’s platform. 

To ensure the identity of hosts, Owayy may ask for personal information such as driving license, passport or other important information. 

The content of the host

By registering on Owayy’s platform the host confirms that Owayy has the right to use all the material the host has provided and uploaded to Owayy. The material such as pictures and listing descriptions will only be used for relevant purposes such as marketing activities, webpage, newsletters etc. It is the responsibility of the host to ensure they have the rights to all material given to Owayy. Owayy will not take any responsibility for any 3rd parties claiming they have the rights to material uploaded by our hosts. Owayy has the right to delete content that may be in violence with the policies of the firm or in any way may be offensive. 

Price and terms for using the services of Owayy

There are no direct fees for browsing or hosting on Owayy’s platform. When the guest completes a booking, they agree to pay the given price at the given time and the host pays the given commission to Owayy. Owayy charges a 5% commission fee per booking which is included in the listing price. No other fees will be applied.
The host receives payment for the revenue generated by the booking after deducting a commission of 5%. The host will receive disbursements once a month, leading to 12 annual payments from Owayy.
Owayy uses an external provider for handling payments which is Stripe. By using the services of Owayy you agree to the terms of Stripe related to handling of payments. 

In the case of refunds to clients due to either 1) late cancellation, time limit described above, or 2) failure to inform the affected client of the cancellation or to accommodate the client at the booked time and date, the supplier must pay a commission to Owayy equivalent to 5% of the refund to the client.

In the case of cancellations due to force majeure events all the above-mentioned requirements of time limits and 5% commission become void.

Owayy charges a non-refundable service fee of 15% per booking on the guest to cover the maintenance of the platform and offer the available services. The commission will be added to the booking total price before payment. The service fee includes vat. 

Accuracy of information

There might occasionally be typographical errors on the webpage, or other incorrect information. Owayy reserves the right to correct any errors, inaccuracies or other errors that might result in misunderstandings.

Backups

Owayy performs backups of the website and its content on a regular basis. In the event of a data loss, Owayy will use these backups to minimize any inconvenience and downtime for our hosts and guests. 

IPR (Intellectual property rights) 

All present and future Intellectual Property Rights including but not limited to trademarks, logos, and other IPRs associated with Owayy. Illegal use of IPR owned by Owayy, will be investigated.

Dispute resolution

If there are any disagreements about the interpretation of this agreement, it will be solved according to the procedural laws of Denmark. 

Changes in this agreement

Owayy reserves the right to change this agreement. If a change is made that can potentially have a negative effect on hosts, they will be informed about the change at least 1 months before. 

Giftcards
When a gift card is bought through Owayy, it will be sent to the e-mail provided by the guest. If the e-mail is not received within a reasonable time-frame, please check your spam folder. If it is not to be found in the spam folder, please contact us on (link til Contact Us siden)

All gift cards can be used to book a stay at any of the locations offered at Owayy. When the gift card has been redeemed, the regular terms for Cancellation of bookings which are described in these Terms will apply. 

If a gift card has been redeemed, the right of withdrawal will no longer be applicable. 

All gift cards are valid for 12 months from the date of purchase, and shall be redeemed within this period. 

It isn't possible to use a gift card and a voucher at the same time.

Term

The Terms go into effect immediately after you accept them.
Owayy has the right to suspend and terminate all services provided to you at any time and for any reason. You agree that Owayy is not liable to you or any third party for any termination of the services provided to you by Owayy.

You can terminate the services provided to you by Owayy at any time. You do so by contacting Owayy at host@owayy.com.

In the case of termination, no matter its cause, you accept that you are obligated to accommodate any bookings that have been made prior the date of termination.

Miscellaneous

No waiver

Owayy’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.

Assignment

You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Owayy’s prior written consent. Owayy may assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

Notice

Unless specified otherwise, any notices or other communications to users permitted or required under this agreement, will be provided electronically and given by Owayy via host@owayy.com.

Third-party services 

The Site and these Terms may contain links to third-party websites, applications, services or resources that are subject to different terms and privacy practices. Owayy is not responsible or liable for any aspect of such third-party services and links to such third-party services are not an endorsement.

Rights of third parties

Nothing in these Terms, express or implied, is intended to confer upon any third party other than Owayy and you or their respective permitted successors and assign any rights, remedies, obligations, or liabilities under or by reason of these Terms.

Entire agreement

Except as agreed in additional terms and conditions, these Terms constitute the sole understanding and entire agreement between Owayy and you with respect to your access to or use of the Site or other offerings offered by Owayy, and the Terms supersedes all prior oral or written discussions and agreements or understandings between Owayy and you.

Severability

If any provision of these Terms shall be deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

Tax and VAT matters

Any tax and VAT consequences related to rental agreements between the Host and the Guest are of no concern to Owayy, and Owayy does not accept any liability regarding the Host’s and/or the Guest’s obligation to report, collect, remit or pay any applicable taxes or VAT.

Force Majeure

Owayy 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, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Governing law and disputes

These Terms, including disputes regarding its existence or validity, are governed by Danish law, irrespective of any conflict-of-laws rules which might refer the dispute to the laws of another jurisdiction. Any dispute arising out of or in connection with these Terms, including any disputes regarding its existence or validity, must be decided by the City Court of Copenhagen.