Reservation Terms & Conditions

1. PARTIES

(i) Operator – ZIVAA Holiday Homes Rental LLC, a holiday homes rental operator based in Dubai registered under license (1143893);

(ii) Property – the Property mentioned in the Reservation Form.

(iii) Guest or Guests – any individual(s) or organization booking a Property from the Operator for temporary usage as a vacation home.

1.2 HOUSE RULES: It is important for all guests to read and understand our updated House Rules which is an integral part of this Reservation Terms & Conditions.

2. RIGHTS OF Property USAGE

– Guests hereby agree to rent the premises (“Property”) for the length and at the rate designated on Reservation Form.

– Guests are granted a limited permission to occupy the Property for temporary accommodation purposes and usage only. This Reservation Terms & Housing Rules IS NOT a residential tenancy agreement and does not fall under the Dubai residential tenancy legislation(s).

– Guests shall not assign or sublet or grant any license to use the Property or any part thereof to any other party without the prior written consent of the Operator.

– All Guests or Visitors below 19 years old must be accompanied by Adults during check-in.

– Valid identification documents (such as Emirates ID and/or Passport) shall be presented in original during the check-in procedure by all Guests and Visitors, else no entry will be granted.

– Guests must be able to present the Credit/Debit card used for making the reservation online when checking in, for the payment to be accepted and validated.

– Failure to comply with the Guest’s obligations as set out in these Reservation Terms & Housing Rules may result in termination of permission to occupy the Property and immediate eviction of the Guest without further refunds.

3. RESERVATION

Reservations and services are confirmed and guaranteed only upon:

(a) receipt of all outstanding payments including rent, security deposit and all fees and taxes in full;

(b) confirmation email sent by the Operator to the Guest with Booking/Reservation number and reservation details mentioned.

4. SECURITY DEPOSIT & DAMAGES

– Guests are liable for any damage to the property and agree to accept charges should damage occur during occupancy.

– Guests are required to pay/provide a Security Deposit as set by the Operator prior to check-in. The Security Deposit will be collected prior to check-in and released back within 7-days after the departure (it can longer in certain cases whenever the Operator requires additional time to find a missing or damaged replacement item).

– The Security Deposit may be deducted automatically without notice by Operator at its sole discretion in order to:

(a) repair, replace or clean anything that is damaged or missing or stained item by the Guest/ Visitors inside the Property or outside such as the balcony, terrace, backyard, patio and/or neighbouring properties and to the Community/Common Areas;

(b) to replace all lost or damaged keys or access cards or remote controls;

(c) arrange additional cleaning for excessive dirt (i.e. stained carpets, sofas, furnitures, walls, appliances or any other excessive waste left in the Property);

(d) arrange laundry or special cleaning in case of smoking or leaving bad odor;

(e) arrange disinfection with licensed company if the Guest and/or Visitors were identified or suspected to had COVID;

(f) to pay against penalties such as for smoking inside the Property, making party/noise during quiet hours, disturbing the neighbor or their properties, trespassing the security gate, conducting illegal or commercial activities or other penalties as imposed by Operator, Community Management, Dubai Police, DED, DTCM or other governing authority;

(g) for excessive utility charges beyond normal consumption rates (normal consumption rates are calculated not to exceed AED 850 per bedroom per month in total and combined);

(h) for any video on demand, upgrade of the internet/cable channels and/or mobile/international calls made using Property’s internet/telephone line.

(i) pay for any fines and/or penalties imposed by the Community Management and/or governmental authorities for not following community and local rules & regulations.

(j) pay against any services/items that the Guest/Visitors ordered via Operator during their stay.

(k) pay for unauthorized early check-in or late check-out charges or unreasonable delays/damages caused to the Operator and its staff for completing their day-to-day tasks.

If the collected Security Deposit amount shall not be sufficient to cover any/all of incurred charges as mentioned above, the Guest is fully responsible to immediately clear the remaining balance to the Operator to cover the shortfall.

5. RATES, CURRENCY & TAXES

– Final rent and service rates are subject to 5% VAT (value added tax);

– Tourism Dirham will be calculated for the first 30 consecutive nights of the Reservation.

– For long-stays each Reservation is valid for a maximum period of 3-months as per DTCM, after which it has to be renewed and TDF shall apply again for the new Reservation.

– Operator’s default currency is AED and should the guest pay using another currency then custom rates set out by the Operator shall apply.

– In case the Guest has wired money to the Operator’s bank account, Guest is responsible to cover upon check-in all bank fees such as missing amount due to bank processing or bank exchange rates.

6. CANCELLATION, CHANGES & REFUNDS

– All rental payments, partial down-payments, reservation/booking and all other sort of service payments are non-refundable for any reason; all reservations are non-transferrable to any other party and non-amendable.

– In case of Cancellation, change request or no-show fee equivalent to the value of the entire stay will be levied by Operator.

– Security Deposit payment is fully refundable, subject to these terms and conditions.

– If the reservation is cancelled by the Operator for any reason then the entire amount will be refunded to the Guest with no other liabilities.

– Notwithstanding the foregoing, any loss, failure, or delay arising out of or related to the COVID-19 pandemic shall not constitute a force majeure event.

7. PENALTIES AND EVICTION

– Note that below violations will lead to immediate actions by Operator:

(a) Loud Music/Parties/unappropriated noise level after 10:00 PM (till 8am);

(b) Trespassing or Blocking security barrier/gate, illegal parking or swearing the Community or Operator’s staff;

(c) Smoking inside the Property;

(d) Illegal activities / disturbance, damage or illegal access or unauthorized access to/of the neighbour’s property/items/community;

(e) If residue of an animal is found during our inspection following checkout Guest will be assessed a minimum AED 2500 cleaning charge.

(f) Improper garbage disposal.

In any/all above cases security deposit will be forfeited and in case of repetition guests might be evicted.

8. LIABILITY WAIVER

– Guest agrees to indemnify and hold the Operator harmless for any liabilities including but not limited to loss, theft, damage to personal belongings OR injury, illness or sickness or death to Guests or Visitors. The Operator will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. If a catastrophe (hurricane, tornado, earthquake, flood, fire, or wind) or any situation beyond Operator’s control impairs the vacation rental, Operator is not responsible for finding alternate lodging for the Guest or for the Guest’s financial losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR EMERGENCY OR OTHER KIND OF EVACUATIONS.

– For such purposes it is advisable to have Travel Protection Insurance for all Guests. There will be no refunds or rebates given to Guest as a result of unfortunate circumstances outside of the Operator’s control. As such, Operator shall not be liable for unfavorable weather, acts of God, disruption of utility services, malfunction or breakdown of appliances, or other equipment(s) and services such as TV disruption of cable channels / internet / AC service / lights or restriction by government or community to use the pool / gym or other facilities; or for the time required to the contractors to fix/repair such issues. The Operator shall make repairs as expeditiously as possible after being notified by the Guest during standard working hours only (9:00am till 6:00pm) and subject to availability first.

Definitions:

Visitors – additional individual(s) invitees of the Guest who are visiting the Property, rather than staying overnight.

Property or Premises – is the licensed holiday home Property (also referred as vacation home or Premises) the Guest rents from the Operator.

*These terms and conditions were last modified on 16/07/2021.

Any person booking or pre-booking a stay in any of our properties, automatically agrees to the following legal terms:

HOUSE RULES

1. RESIDENTIAL COMMUNITY

– Guests and their visitors must understand and respect that all our Holiday Homes are located in residential (family-oriented and not business or commercial oriented) communities and hence Guest and visitor behavior should be reflective of a family environment.

– Respect residential amenities and the security of the property and as well as neighbors.

– Refrain from any uncivilized / inappropriate behavior.

– Not conduct any illegal or commercial activities inside the property and the premises at any time during their stay.

1.2 COVID-19 Related Restrictions: Below are COVID-19 related restrictions which are subject to be changed and updated at any time without further notifications, and such terms supersede any written or verbal terms and/or agreements previously held with the guests and any other clauses found in this House Rules document:

All guests must acknowledge that our properties are intended for family-use only and (especially due to the government’s new restrictions) hosting any kind of gatherings and parties are STRICTLY PROHIBITED at all times including EID times.

Our Company and/or the Community Management and/or the Security and/or the DTCM have full rights to reject the entry (or demand for relocation) for any guest or their visitor, should such guests/visitors be found to be strictly violating restrictions and rules as set by UAE and Dubai Government or found to be endangering well-beings of neighbors and/or the neighborhood. No refunds or compensation will be offered to the guests in such and similar cases.

It is solely the main guest’s (and not the Operator’s) responsibility to ensure that all guests are in compliance with the government’s set restrictions and rules at all times.

2. GUESTS & VISITORS

– All Guests and All Visitors must be registered with Operator at least 24-hours in advance (and valid IDs should be presented to the Operator and to the community security/reception), else access may be delayed or rejected.

– Both Guests and Visitors must comply with House Rules and Community Regulations and procedures as set out by security services.

– Children under 14 should be supervised in all recreation areas.

– Guests are responsible for the behavior of their visitors and for ensuring that Visitors comply with these House Rules.

– Maximum number of visitors allowed is one adult and one child under 14 years of age per bedroom, with no more than six visitors, except with the approval of the building or residential community management and the Licensee’s approval regarding the largest number of guests in special circumstances, not counting a domestic worker or guards room.

– The maximum number of visitors allowed per Unit is two adults and two children under 14 years of age per master bedroom or studio, two adults and one child under 14 years of age per additional bedroom, and only one person per domestic worker or guard.

– Visitors are allowed to enter the Property anytime between 8am until 10pm time frame only.

– Visitors may not remain in the Holiday Home between 12:00am midnight and 8:00am.

– Visitors access to the community facilities such as pool, gym or the spa may be restricted or limited as per community rules and procedures.

3. ADDITIONAL RESPONSIBILITIES

Guests acknowledge that all properties are residential properties, located in residential buildings/communities. Accordingly no concierge,

– use the property/facilities such as spa/swimming pool/gym, etc. only at designated areas and use them only at their own risk and liability;

– inspect the Property upon checking-in to assure that fittings and furnishings are complete and functional at the time of check-in; if any item is found missing, damaged, stained, children unfriendly or dis-functional then report to Operator within first 24 hours.

– accompany their children in all areas including but not limited to the pool, gym, beach, sea, spa, balcony, terrace, backyard, bedroom and bathrooms and be fully responsible for the safety and well-being of their children.

– Guest is solely responsible for checking, storing & collecting all his personal belongings or valuable items. Operator bears zero-liability against forgotten or lost items.

4. NOISE/DISTURBANCE TO NEIGHBORS

– Guests must not create noise that is offensive to neighbours, during arrival and departure and at any time during occupancy, especially between 10pm-8am. Noise is considered to be too loud if it can be heard by an adjacent neighbour when inside their house with their windows and doors closed.

– Guests are not allowed to enter or use neighbour’s premises including their property, backyard/patio, yard, garden, pool or personal items such as boat, kayak, toys, tools, chairs, etc.

– Guests must notify the Operator of any disputes or complaints from neighbors as soon as is practicable.

– Guests and Visitors must not engage in anti-social behavior and must minimize their impact upon the residential amenity of neighbors and local community.

5. GATHERINGS OR FUNCTIONS

– All sort of parties and gatherings are STRICTLY PROHIBITED.

6. USE OF COMMUNITY FACILITIES

– The swimming pool/spa must be used only between the hours as set by the community management or Operator.

– No glassware is permitted in the pool.

– Guests and visitors must take all reasonable safety measures regarding the swimming pool and spa, in particular with respect to safety risks to children.

7. CHECK-IN AND CHECK-OUT PROCEDURES

– Standard check in time is 2:00PM (and 3:00PM for villas) and checkout is at 11:00am for apartments (and 12:00PM for villas). Unless otherwise arranged with Operator, the set check-out time is crucial for the cleaning team to perform housekeeping duties and to prepare the property for next guest. Therefore, unauthorized late check-outs or in the event the housekeepers cannot enter the Property due to a delay caused by the Guest for any reason – then the Guest will be subject to automatic charge of full-night cost.

– Early check-in/checkout is subject to availability first and prior written Operator’s approval is required. Any unapproved early check is subject to availability and extra charge of full night cost will automatically apply.

– The Property is being rented in AS IS condition; Upon checking-in, Guest is required to inspect the Property; The Guest has to notify the Operator of any major damages found within 24-hours after check-in; Guest is fully responsible for costs to the Property for such major damages that are not reported to Operator on time.

– When absent from the Property the Guest shall close and lock all windows and doors to maintain security and prevent dust, rain and water damage.

– If the Guest is absent from the Property for more than 7 calendar days in a row, then the Guest must notify to the Operator about such absence and allow the Operator to conduct regular inspections to avoid potential water leakages or other unfortunate events.

8. BARBEQUE

– BBQ are not permitted inside ANY apartment, nor its balconies or terraces. Barbeques are only permitted in designated places whereas such facility is provided by Operator or Community Management in advance.

9. SMOKING

– Smoking of cigarretes STRICTLY PROHIBITED indoors/inside the Property at all times.

– Smoking of shisha / hookah is NOT allowed indoors or outdoors for security reasons.

10. NO PET POLICY

– There are only a few specific units in our inventory that accept pets. Additional pet fees are determined on a case by case basis. If Operator authorized a pet at the property the Pet Addendum must be submitted prior to the stay and the Pet Fee must be paid in full.

11. ALTERATIONS

– Guests may not make any alterations to the Unit without prior written approval of the owner of the Unit.

12. WASTE DISPOSAL

– Guests must dispose of garbage and recycling in accordance normal practice at the Unit and building or community and in the allocated bins and areas.

– Guests must not leave rubbish in public or common areas.

– Guests must comply with requirements in relation to the relevant garbage and recycling collection days, as well as any requirements relating to the disposal of garbage or waste minimization.

13. PARKING

– Guests and visitors are to comply with parking regulations and other requirements set out by Operator and show consideration to neighbours and other vehicles.

– Guests and visitors are supposed to park only in the designated place(s) and to the maximum number of vehicles as instructed by the Operator.

14. EMERGENCY CONTACTS

– In the event of an emergency relating to the Property, please telephone +97143920202 (landline) / +971585010202 (mobile/whatsapp)

15. DEFINITIONS

–VAT – means Value Added Tax as imposed by Federal Tax Authority under the Federal Decree-Law No. (8) of 2017 and for which the rate is set to 5% rate;

– DTCM – means The Department of Tourism and Commerce Marketing of Dubai;

– DED – means Department of Economic Development in Dubai;

– TDF – means Tourism Dirham Fee as set by DTCM as per Executive Council Resolution No. (2) of 2014 approving the Tourism Dirham Fee in the Emirate of Dubai;

– PSC – means Property Service Charge of 15%;

Any person booking or pre-booking a stay in any of our properties automatically agrees to the following legal terms:

1. Reservation Terms & Conditions

2. Refund Policy

3. House Rules (this page)

Host Terms and Conditions

Welcome to our holiday home hosting service. These Terms and Conditions (“Agreement”) govern your use of our website and services as a host of a holiday home rental property. By using our website and services, you agree to be bound by the terms and conditions of this Agreement.

Property Standards

You represent and warrant that your property meets all applicable laws, regulations, and safety standards for use as a holiday home rental property. You shall be responsible for maintaining the property in a clean, safe, and fully functional condition during the rental period.

Property Listing and Pricing

We will list your property on our website and other marketing platforms and will determine the rental rates for your property in our sole discretion. You agree to abide by our pricing and listing policies, which may be amended from time to time.

Rental Revenue and Payment

We will collect all rental revenues from guests and pay you a percentage of such revenues, as specified in our policies. You acknowledge that we may deduct certain fees and expenses from the rental revenues before remitting payment to you.

Guest Management

We will manage all aspects of guest reservations, check-in, and check-out procedures for your property, and will provide you with advance notice of guest bookings and rental revenues.

Insurance and Liability

You shall maintain appropriate insurance coverage for your property and shall indemnify and hold harmless us from any claims, damages, or losses arising from the use of your property as a holiday home rental property.

Termination

This Agreement may be terminated by either party upon [notice period] days’ written notice. In the event of termination, we shall remove your property from our listing and cease all guest bookings for your property.

Confidentiality

You shall keep confidential all information related to our business, including guest information, pricing, and marketing strategies.

Intellectual Property

All trademarks, trade names, logos, and other intellectual property belonging to us shall remain the sole property of us.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of [jurisdiction]. Any dispute arising from or relating to this Agreement shall be resolved by arbitration in [jurisdiction], in accordance with the rules of the [arbitration center].

Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.

By using our website and services as a host of a holiday home rental property, you agree to be bound by the terms and conditions of this Agreement.

If you have any questions about this Agreement, please contact us at info@zivaaholidayhomes.com.