Terms of Services

Update: 28 January 2022

Welcome to BedsGuru.com, a Hospitality Platform/website by Triponly FZ Co Dubai ("BedsGuru", "we" "our", or "us").

By using or accessing BedsGuru.com, Triponly.com a subdomain of any such websites, any mobile application for such websites or any other website operated by us on which these Terms of Services 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 Services, Privacy Policy, Cookies Policy as well as Disclaimers which also governs your use of the platform. Please read these Terms carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than court.

These Terms of Services govern your use of our Hospitality Platform/Website (our "Website") and all related widgets, features, data, advertisements displayed on the Website by us for the purpose of online booking/rental of property listings (“Property”) available on the Website.

These Terms of Services constitute a legally binding contract (the "Agreement"), between you and (BedsGuru.com) Triponly FZ Co Dubai in relation to your use of our Website. This Terms of Services provider define the role of a business partner, owners, employees, representatives, or other individuals acting on behalf of a (potential, existing, or former). Service Provider and the related individuals are hereafter together or individually referred to as "Service Provider" or "you".

A Service Provider within the context of this Terms of Services may be:f

A Service Provider (including providers of accommodation, attractions, Transfers, Leisure Trips, Flight Content, Packages). Service Provider enabling the reservations of Trips through websites and/or apps or other means, Travel agencies, third-party vendors, or any legal entities.

Acceptance of Terms of Services

Please read these Terms of Services very carefully. In order to use the Website, you are required to agree to all of the provisions set out herein. By accessing or using the platform, registering an account, or by viewing, accessing, booking/renting any Property available on the Website, you represent and warrant that you have read and understood the Terms of Services and will abide by them, and that you are either 18 years of age or more, or the applicable age of majority in your jurisdiction, or if you are under 18 years of age or the age of majority in your jurisdiction, you are 16 years of age or more if you reside in the European Union or 13 years of age or more if you reside in the United States or anywhere else.

Hosting on BedsGuru

As a Host, BedsGuru offers you the opportunity to share your Accommodation, Experience, or other Host Service with our domestic/International Umrah Pilgrims and Hajj Group Organizers. Enlistment of Property is very simple and User-friendly, create a Listing and you are in control of how you host - set your price, availability, Seasons, and rules for each Listing. When you accept a booking request/offer or receive a booking confirmation or the offer through the Triponly Platform, you are entering into a contract directly with the Guest or Hajj Group Organizer, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing or agreed offer. You are also agreeing to pay applicable fees like Triponly’s service fee (and all applicable taxes to the Government) for each booking. Triponly Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies, or conditions that you include in any additional contract with Guests or Hajj Group Organizer must be according to these Terms, our Policies, and the property information provided in your listing, and be clearly disclosed in your Listing Fineprint and description.

You are responsible for understanding and complying with your local laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example, Some landlords or homeowner and association rules, restrict or prohibit subletting, short-term rentals, and/or longer-term stays. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services. Some jurisdictions require that you register Guests who stay at your Accommodation. Check your local rules to learn what rules apply to the Host Services you plan to offer. You are responsible for using the personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.

Search results may appear different on our mobile application than they appear on our website. BedsGuru may allow Hosts to promote their Listings in search or elsewhere on the Triponly Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results.

You are totally responsible and liable for your own acts and lacunas and are also responsible for the acts and lacunas of anyone you allow to get involved in providing your Host Services. You are responsible for setting your price, your seasons, and establishing rules and requirements for your Listing. You must describe before any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Triponly Platform except those expressly authorized by our administrative Policy. Do not encourage Guests to create third-party accounts, provide their contact information, or take other actions outside the Triponly Platform in violation of our Off-Platform Policy.

Travel Issues, Cancellations, and Booking Modifications.

Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Triponly Platform or direct Triponly customer service to make on their behalf and agree to pay any additional amounts, fees, or taxes associated with a Booking Modification. Travel Issues, Cancellations, and Booking Modifications.

VAT/Taxes.

As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").

Money Trail

Due to applicable anti-money laundering, anti-corruption, anti-terrorist financing, anti-tax evasion, and any other anti-financial crimes laws and legislation, BedsGuru is restricted from making the Service available to and accepting payments from or making, processing or facilitating payments to a bank account (the " Bank Account ") that is not related to the jurisdiction where the Accommodation (meaning: ‘legal entity’) is located and (but in any event) insofar any of the following warranties is untrue. The Accommodation hereby represents and warrants that (notwithstanding the jurisdiction of the Bank Account):

Changes to Terms of Services

We reserve the right to change, alter, replace or otherwise modify these Terms of Services at any time, for example, to address legal or regulatory changes or changes to features or functionality made available through the Website, at our discretion. It is your responsibility to check this page from time to time for updates.

When we make any material changes to these Terms of Services, we will provide you with the prominent notice under the circumstances, including for example displaying a notice within the Website and/or by sending you an email to the email address that you have provided us or a message to your registered BedsGuru.com account, and the revised Terms of Services will become effective immediately from the date of such notification.

You will have no obligation to continue using the Website following any such notification, but if you do not terminate your account as described in the Termination section below during such two (2) week period from the date of notification, your continued use of the Website after the end of that two (2) week period will constitute your acceptance of the revised Terms of Services.

Description of the Website

The website is a Hospitality platform. Registered users/Service providers of the Website may enlist Properties (“Hotels, Resorts, Vacation Rentals, Guest House”), Leisure Trips/Packages, Transfers, displayed on the Website. The Website shall automatically store the browsing history of the Users.

We may, from time to time, release new versions of our Website, or introduce other services and/or features for the Website. Any new services and features will be subject to these Terms of Services as well as any additional Terms of Services that we may release for those specific services or features.

Website account

You are not obliged to register to use the Website since access to the Website is free of any fee. However, in order to rent out any property or set up your Property for rental or other services via the platform, you shall be required to register yourself on the platform. To enable you to do that, you must provide us with the information you want to display on such profile such as genuine images, complete address, available amenities, rent, availability status, housekeeping charges of the Property, or any extra charges.

When you register to use the Website, you will provide us with your email address, and will choose a username and password for your account. You must ensure that the email address that you provide is, and remains, valid.

You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.

If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to urgently notify our team via email (Servicepro@bedsguru.com) in writing and should change your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Services or any applicable laws or regulations.

The users may be asked to provide proof of identity duly issued by the government in case of any issue pertaining to the access of the account. In such a case, the user consents to provide the same for the purpose of resolving the matter.

Use of the Platform

Subject to your strict compliance with these Terms of Services at any and all times during your use of the Website, Triponly FZ Co Dubai grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Website in order to access the Website and use it for the enlistment of the Property and other services.

The above licenses are conditional upon your strict compliance with these Terms of Services at any and all times during your use of the Website, including, without limitation, the following:

• You must not copy, rip or capture, or attempt to copy, rip or capture, any data or content from the Website or any part of the Website, other than by means of download or store for offline usage in circumstances.
• You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute, or otherwise use or exploit any content on or from the Website at any and all times, except as permitted under these Terms of Services.
• You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
• You must not alter or remove, or attempt to alter or remove, any trademark, copyright, or other proprietary or legal notices contained in, or appearing on, the Website or any content appearing on the Website. Additionally, you must not publish, post, upload or display any content which may cause an infringement of copyrights, intellectual property rights, rights of publicity and privacy, and any other legal infringement.
• You must not stalk, exploit, threaten, abuse, or otherwise harass another user, or any Triponly FZ Co Dubai employee.
• You must not use or attempt to use another person's account, password, or other information unless you have express permission from that other person.
• You must not upload, post, or display any obscene, immoral, abusive, discriminatory, illegal, false, or misleading content on the Website.
• You must not upload, display or post any unsolicited promotional content, advertising, political campaigns, contests on your account. In case such content is identified by the Website or by a complaint from any other user or relevant person, your account may be subject to investigation for breach of the Terms of Services set herein which may cause the permanent termination of the account at the sole discretion of the Website and Triponly FZ Co Dubai.
• You must not sell or transfer, or offer to sell or transfer, any Website account to any third party without the prior written approval of Triponly FZ Co Dubai.
• You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Website; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Website servers, system or network or attempt to breach Website data security or authentication procedures; attempt to interfere with the Website including hacking Website servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Triponly FZ Co Dubai under these Terms of Services, Triponly FZ Co Dubai reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You acknowledge and grant us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user-contributed content, in connection with our business or the business of our affiliates. Such rights shall be extinguished at the time of termination or expiration of the listing on the Website.

You agree to comply with the above conditions at any and all times during your use of the Website and acknowledge and agree that Website has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Services. This may include taking court action and/or reporting offending users to the relevant authorities.

Intellectual Property

You agree that all materials, data, and services provided on the Website are the property of Triponly FZ Co Dubai, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the Website's intellectual property in any way, including electronic, digital, or new trademark registrations.

The website does not claim any ownership rights in your personal information retained by the Website to create an account, and you hereby expressly acknowledge and agree that your personal information remains your sole responsibility.

Repeat Infringement

Website will suspend or terminate your access if Website determines, in its reasonable discretion, that you have repeatedly breached these Terms of Services. Any user that receives more than two warnings is liable to have their access to the Website terminated forthwith.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by the Website at its discretion.

Limitation of Liability

Triponly FZ Co Dubai, Website and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers, and shareholders, shall have no liability for:

Any loss or damage arising from:

• Your inability to access or use the Website or any part or parts thereof, or to access any content or any services via the Website;
• Any changes that Website may make or any part thereof, or any temporary or permanent suspension or cessation of access to the Website or any content in or from any or all territories;
• Any errors or omissions in the Website’s technical operation, or from any inaccuracy or defect in any content or any information relating to content;
• Your failure to provide the Website with accurate or complete information, or your failure to keep your username or password suitably confidential;

Any claim or cause of action arising out of or related to your use of the Website must be notified to the Website as soon as possible.

Indemnification

You hereby agree to indemnify, defend and hold harmless Website & Triponly FZ Co Dubai, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

• Any violation by you of these Terms of Services;
• Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of the Website.

Data protection, privacy and cookies

The Parties will process personal data by applicable law and professional regulations, including without limitation, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons about the processing of personal data and on the free movement of such data and Personal Data Protection Laws (PDPL) By Kingdom of Saudi Arabia. All personal data that you provide to us in connection with your use of the Website is collected, stored, used, disclosed, and otherwise processed by Website in accordance with our Terms of Services. In addition, in common with most online services, we use cookies to help us understand how people are using the Website so that we can continue to improve the service we offer which is further elaborated in the Privacy Policy & Cookie Policy available on the Website.

Payments

Payment for utilization of premium Services may be made via Credit card. The user will be required to provide relevant information for processing the payment for booking of Property and usage of the Website features for setting up a rental property. Such information will be used for payment processing purposes only and shall be kept secured from any potential security breaches and third-party sales.

Overbooking and cancellation

The Service Provider/Supplier shall provide the rooms booked and in the event that the Supplier is not able to meet its obligations under this Agreement for any reason whatsoever, the Supplier shall promptly inform BedsGuru.com via email (Servicepro@bedsguru.com). the Supplier will use its best endeavors to procure alternative arrangements of equal or superior quality at the expense of the Accommodation and in the event that no room is available on arrival, the Supplier will find suitable alternative accommodation of an equal or better standard to the Accommodation holding the Guest‘s guaranteed booking, accommodation Supplier shall provide free private transportation to the alternative accommodation for the Guest and other members of the Guest’s party who are listed in the Guest’s guaranteed booking, and accommodation Supplier shall reimburse and compensate BedsGuru.com and/or the Guest for all reasonable costs and expenses (e.g. costs alternative accommodation, transportation, telephone costs) made, suffered, paid or incurred by the Guest and/or BedsGuru.com due to or caused by the overbooking. Any amount charged by BedsGuru.com in this respect shall be paid within 10 days after receipt of the invoice. The Accommodation Supplier is not allowed to cancel any online reservation. Cancellations made by Guests before the time and date beyond which a cancellation fee applies will not attract commission. Cancellations made by Guests after the time and date beyond which a cancellation fee applies will attract commission in accordance with the terms of this Agreement.

Service Fee

We charge a Service Fee (Inclusive of VAT, if applicable) at the time of booking of a listing available on the Website. Service Fee comprises of the charges for use of Website, customer support feature, establishing contact between the service provider and user and ratification of any other potential issue about the booking process. Please note that the platform fee and VAT may vary depending on listing location and jurisdiction. Service Fee shall be charged at the time of acceptance of the reservation by the service provider. Such Service Fee shall be refundable or non-refundable depending upon the cancellation policy set out in the listing description of Triponly.com. The Website shall not be liable for any misunderstanding or miscommunication between the parties in terms of refund of the Service Fee. The listing owner is encouraged to outline the cancellation policy clearly in the listing description to avoid any dispute about Service fees or applicable VAT. Service Fee may be paid in the currency of choice of the booking party. The listing owner shall have the option to display the charges/rent in the official currency of the listing jurisdiction/territory or country of origin. We hereby notify you that due to the fluctuation in exchange rates of the currencies, the rates may not be the best rates available for any particular listing and the booking party shall not be entitled to any reimbursement or adjustment in rates in case a lower rate is available to the booking party via any other online service.

Changes to the Website, accounts, and pricing

Website reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Website or any part thereof, temporarily or permanently. The website shall use its reasonable endeavors to notify registered users of such decisions in advance.

You hereby agree that Triponly FZ Co Dubai and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders shall not be liable for any changes or modifications to the Website and/or any features that we may wish to make from time to time.

Deactivation of account

In case you are no longer interested in utilizing the Website or its Services, you may contact the Website on termination@bedsguru.com, clearly stating the reason for such discontinuation/deactivation of the account. Your account shall be permanently deactivated within 30 days period from the deactivation email received by the Website.

Termination

We may suspend your access to the Website and/or terminate this Agreement at any time if

• you are deemed to be a Habitual Infringer as described above;
• You are in breach of any of the material provision of these Terms of Services, including without limitation;
• We elect at our discretion to cease access to the Website in the jurisdiction where you reside or from where you are attempting to access the Website
• Or in other reasonable circumstances as determined by us at its discretion.

Once an account has been terminated, any and all personal information from an account will be irretrievably deleted by us, except to the extent that we are obliged or permitted to retain such personal information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. This data is provided and is accessible only for viewing via an account on the Website for as long as your account is active.

Severability

Should one or more provisions of these Terms of Services be found to be unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Services, which will remain in full force and effect.

Applicable law and jurisdiction

Except where otherwise required

• This Agreement is subject to the laws of the United Arab Emirates;
• You hereby agree, and we agree, to submit to the exclusive jurisdiction of the courts in the State of the UAE for resolution of any dispute, action, or proceeding arising in connection with this Agreement.

Dispute Resolution

Each of the continuous parties agrees that all distinctions, disputes, dilemmas relating to the interpretation of every clause and claims whatsoever arising away from or in any fashion associated with any supply of this contract including any failure of this respective Boards of this Parties to reach a knowledge under any supply with this Terms of Services will probably be dealt with from a Sole Arbitrator appointed mutually. The Sole Arbitrator shall follow all of the procedures, rules, and regulations. The arbitration procedures will be in English. The venue regarding the arbitration procedures shall be in Dubai exclusively.

Disclaimer

The BedsGuru.com and its user content, software, functions, features, and information displayed on or accessed through the Website is provided “as is” to the fullest extent permissible by law and we make no representations or warranties of any kind whatsoever for the same or the materials, information and functions made accessible by the software used on or accessed through the Website, for any property listings or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Website or any linked site, even if we become aware of any such breaches, we shall have no liability as to such breach and any damages arising thereof. Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, or accuracy. We do not warrant that the functions contained on the Website or any information, data, features, software, links, or content contained therein will be uninterrupted, error-free that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components. You acknowledge and agree that any transmission to and from the Website is not confidential and your communications or user-contributed content may be read or intercepted by others registered or unregistered users of the Website. You further acknowledge and agree that by submitting communications or user-contributed content to us and by posting personal or other information on the Website, including property listings, no confidential, fiduciary, contractually implied or another relationship is created between you and us other than pursuant to these terms.

You acknowledge and agree that you will not hold or seek to hold us or any third-party provider responsible for the content provided by any user, including, without limitation, any translation thereof, and you further acknowledge and agree that we are not a party to any rental transaction or other transaction between users of the Website instead we are merely an online service provider to connect potential parties or persons with you who may be interested in renting out your property listing(s). We have no control over and do not guarantee (other than pursuant to any guarantee that may be expressly offered on the Website) the safety of any transaction, rental property, or the truth or accuracy of any listing or other content provided on the Website. Any third-party provider, not expressly affiliated with us, shall not be assumed to be connected to us and any damages or misuse of data, information, material, etc collected by such third-party provider shall be dealt with the policy of such third-party provider only.

You further acknowledge that by displaying information or property listings in particular destinations, we do not represent or warrant that travel to such property listings is without risk and are not liable for damages with respect to travel to any such property listings. You further acknowledge that in case of any personal or property damages occur due to any reason whatsoever, we shall not be held liable for any such damages. Additionally, you acknowledge that we do not verify the physical location or condition of the property listings displayed on the Website and make no acknowledgments or confirmations in this regard. You shall be solely responsible for verifying the location and contents of the Property listings prior to booking the same.