MediStay®

The MediStay® website and booking platform are operated by:

MediStay Ltd
Company number: 12931955
Registered office: 64 Claughton Street, St Helens, England, WA10 1SN
Email: info@medistayuk.com
Website: www.medistayuk.com

MediStay® is a registered United Kingdom trade mark.

Trade Mark Number: UK00004369433
Registered Owner: MediStay Ltd
Registered Classes: 35, 36, 42, 43 and 44

These Terms apply when a person:

• visits or uses the MediStay® website;
• creates a MediStay® account;
• searches for accommodation;
• submits a booking request;
• makes a booking;
• communicates with a Host;
• makes a payment through MediStay®; or
• raises a dispute through the MediStay® platform.

Customers must also read and accept the relevant Host's terms and conditions, cancellation and refund policy, house rules and property-specific requirements.

Accommodation means the hotel room, apartment, house, room or other temporary accommodation advertised by a Host through MediStay®.

Accommodation Charge means the amount charged by the Host for providing the Accommodation.

Booking means a confirmed reservation made through MediStay®.

Booking Confirmation means the written confirmation issued through MediStay® or by the Host confirming that the Booking has been accepted.

Booking Fee means the separate fee charged by MediStay Ltd for providing its booking platform and associated services. Unless otherwise displayed before payment, the Booking Fee is equal to 10% of the Accommodation Charge.

Customer, you and your means the person making the Booking.

Guest means any person staying under the Booking.

Host means the independent accommodation owner, hotel, landlord, property manager, serviced accommodation provider or other business supplying the Accommodation.

Host Cancellation Policy means the cancellation and refund policy supplied by the Host for the relevant Accommodation.

Host Terms means the Host's own booking terms, house rules, deposit conditions and other property-specific requirements.

MediStay, MediStay®, we, us and our means MediStay Ltd.

MediStay® operates an online platform connecting Customers with independent Hosts.

Unless expressly stated otherwise:

1. MediStay does not own, manage or operate the Accommodation.
2. MediStay does not supply the Accommodation.
3. The Host is responsible for supplying the Accommodation.
4. The accommodation contract is between the Customer and the Host.
5. The Host is responsible for the condition, safety, legality, availability and provision of the Accommodation.
6. MediStay provides the booking platform, booking administration, payment facilitation, communications support and dispute mediation process.

MediStay may collect the Accommodation Charge on behalf of the Host. Collecting payment does not make MediStay the supplier of the Accommodation.

Nothing in these Terms excludes any legal responsibility that MediStay cannot lawfully exclude.

Each Host is responsible for:

• having the legal right to offer the Accommodation;
• maintaining accurate listing information;
• setting its own prices;
• maintaining accurate availability;
• supplying its own terms and conditions;
• supplying its own cancellation and refund policy;
• clearly identifying non-refundable rates;
• setting check-in and check-out arrangements;
• setting security deposit conditions;
• maintaining appropriate insurance;
• complying with fire, gas, electrical and general safety requirements;
• obtaining any necessary licences, consents or permissions;
• supplying the Accommodation as described;
• responding to each booking request by accepting or declining it within 48 hours after MediStay sends notification of the request;
• dealing with Accommodation-related complaints; and
• complying with applicable consumer, equality and data protection law.

If a Host does not respond within that 48-hour period, MediStay may suspend or remove the relevant Accommodation listing from the platform.

The appearance of a Host on MediStay® does not constitute a guarantee or endorsement of that Host.

A Booking may create two separate contractual relationships.

Contract with the Host

The contract with the Host covers:

• the Accommodation;
• the Accommodation Charge;
• check-in and check-out;
• house rules;
• security deposits;
• property damage;
• Host-provided services;
• Accommodation cancellations; and
• Accommodation refunds.

Contract with MediStay

The contract with MediStay covers:

• access to the MediStay® platform;
• booking administration;
• payment facilitation;
• the MediStay Booking Fee;
• platform communications;
• customer account services; and
• the MediStay dispute process.

You must be at least 18 years old and legally capable of entering into a contract.

By making a Booking, you confirm that:

• the information supplied is complete and accurate;
• you are authorised to make the Booking;
• you accept these MediStay Terms;
• you accept the Host Terms;
• you accept the Host Cancellation Policy;
• you will comply with the house rules;
• you have permission to provide information about other Guests; and
• you are responsible for the conduct of all Guests included in the Booking.

Before payment, MediStay will display or provide access to:

• the identity of the Host;
• the Accommodation description;
• the Accommodation Charge;
• the MediStay Booking Fee;
• the total amount payable;
• any cleaning charge;
• any mandatory Host charges;
• any security deposit;
• the Host Terms;
• the Host Cancellation Policy;
• check-in and check-out information; and
• important property restrictions.

You are responsible for reviewing this information before confirming the Booking.

Submitting an enquiry, entering payment details or submitting a booking request does not automatically confirm a Booking.

Where Host acceptance is required, the Host must accept or decline the booking request within 48 hours after MediStay sends notification of the request. If the Host does not respond within that period, the booking request will automatically expire and no Booking will be formed.

A Booking is confirmed when:

• the Host accepts the Booking, where acceptance is required;
• the required payment or payment authorisation is completed; and
• a Booking Confirmation is issued.

Where a Booking request is rejected, expires, or cannot otherwise be confirmed:

• no accommodation contract will be formed;
• any Accommodation Charge collected will be returned;
• the MediStay Booking Fee will be returned; and
• any temporary payment authorisation should be released.

You must check the Booking Confirmation promptly and report any mistake.

The Host sets the Accommodation Charge. MediStay sets the Booking Fee.

The total amount payable may include:

• the Accommodation Charge;
• the MediStay Booking Fee;
• cleaning fees;
• taxes;
• security deposits;
• optional extras; and
• other clearly disclosed charges.

An obvious pricing error may be corrected. Where the corrected price is materially different, you will be given the option to accept the corrected price or receive a refund.

The Booking Fee covers services that may include:

• access to the MediStay® platform;
• facilitating communication with the Host;
• administering the Booking;
• facilitating payment;
• issuing the Booking Confirmation;
• maintaining the Booking record;
• providing platform-related support; and
• providing access to the dispute process.

Once the Booking has been confirmed and MediStay's booking service has been provided, the 10% Booking Fee is non-refundable where:

• you cancel the Booking;
• you request an amendment;
• the Host cannot accept a Customer-requested amendment;
• you do not arrive;
• you arrive late;
• you leave early;
• you do not use all or part of the Accommodation;
• your travel arrangements change;
• your hospital appointment or medical arrangements change;
• you selected a non-refundable Host rate;
• the Host refunds some or all of the Accommodation Charge following your cancellation; or
• the stay is terminated because you or a Guest seriously breached the Host Terms.

The Booking Fee will be refunded where:

• the Host rejects the Booking;
• the Booking is not successfully confirmed;
• the Host cancels the confirmed Booking;
• the Host cannot provide the Accommodation;
• MediStay cancels without fault on your part;
• the Booking fails because of an error caused by MediStay;
• a duplicate or incorrect Booking Fee is collected;
• MediStay fails to provide its booking service;
• you reject replacement Accommodation following a Host cancellation; or
• a refund is required by law.

Where replacement Accommodation is accepted, the Booking Fee may be transferred to the replacement Booking.

Each Host sets its own cancellation and refund policy. MediStay does not apply one universal cancellation policy to all Hosts.

A Host may offer:

• a flexible rate;
• a partially refundable rate;
• a non-refundable rate;
• a 100%, 50% and 0% refund structure; or
• another clearly explained cancellation structure.

The Host Cancellation Policy applicable to the Booking will be displayed before payment. The Host Cancellation Policy determines the refund of the Accommodation Charge. It does not determine whether the MediStay Booking Fee is refundable.

You must cancel using the process stated in the Booking Confirmation.

Your refund of the Accommodation Charge will be calculated under the Host Cancellation Policy accepted when the Booking was made.

The MediStay Booking Fee remains non-refundable following a Customer cancellation, except in the circumstances set out in section 12.

Requests to change dates, Guests, Accommodation or other Booking details are subject to:

• Host approval;
• availability;
• the Host Terms;
• the Host Cancellation Policy;
• any price difference; and
• any clearly disclosed amendment charge.

An amendment is not confirmed until written confirmation is issued. A substantial amendment may be treated as cancellation of the original Booking and creation of a new Booking.

A medical appointment, admission, treatment or procedure being cancelled, postponed, brought forward, delayed, shortened or extended does not automatically cancel the Accommodation Booking.

The Host Cancellation Policy continues to apply.

MediStay may help request:

• alternative dates;
• a booking credit;
• a partial refund;
• a compassionate exception; or
• another reasonable solution.

The Host decides whether to agree unless the Host Terms or applicable law require a particular outcome.

The MediStay Booking Fee remains non-refundable where the Customer cancels because medical arrangements have changed.

Where the Host cancels or cannot provide the Accommodation, the Host is responsible for refunding or authorising the refund of:

• the Accommodation Charge;
• Host charges for services not provided;
• unused Host extras; and
• any Host-held security deposit.

MediStay will refund the Booking Fee where the Booking does not proceed and the Customer does not accept replacement Accommodation.

MediStay may assist in finding alternative Accommodation but cannot guarantee an identical property, location, price or facility.

The Host Terms and Host Cancellation Policy govern:

• failure to arrive;
• late arrival;
• early departure;
• unused nights; and
• failure to follow check-in instructions.

No Accommodation refund is guaranteed unless provided by the Host's policy or required by law. The MediStay Booking Fee will not be refunded.

Accommodation descriptions, photographs, facilities and availability are normally supplied by the Host.

Hosts must ensure that their listings are accurate and not misleading. MediStay may review or moderate listing information but cannot independently verify every statement.

Photographs may show a representative room, and distances may be approximate. You should confirm any requirement that is essential to your stay before booking.

You should identify essential accessibility requirements before booking. These may include:

• step-free access;
• wheelchair access;
• lift access;
• accessible bathrooms;
• ground-floor accommodation;
• assistance animals;
• accessible parking;
• accommodation for a carer;
• medication refrigeration; or
• storage of medical equipment.

A request is not guaranteed unless confirmed in writing by the Host.

MediStay is an accommodation booking platform. MediStay does not provide:

• medical advice;
• diagnosis;
• treatment;
• nursing care;
• personal care;
• clinical supervision;
• emergency monitoring;
• patient transport; or
• medical equipment.

You remain responsible for deciding whether the Accommodation is suitable. In an emergency, contact the appropriate emergency service.

A Host may require a refundable security deposit or payment card pre-authorisation.

The Host is responsible for:

• administering the deposit;
• explaining the deposit terms;
• identifying deductions;
• providing reasonable evidence; and
• returning the remaining balance.

A security deposit dispute may be raised through the Raise a Dispute button within the relevant Booking.

Customers and Guests must:

• comply with the Host Terms;
• follow safety instructions;
• respect occupancy limits;
• avoid unreasonable noise;
• treat the Accommodation responsibly;
• report damage promptly; and
• leave by the agreed check-out time.

Customers and Guests must not:

• use the Accommodation unlawfully;
• hold unauthorised parties;
• smoke or vape where prohibited;
• tamper with safety equipment;
• bring unauthorised animals;
• sublet the Accommodation;
• harass another person; or
• deliberately damage the property.

The Host may terminate a stay following a serious or repeated breach.

Payment may be collected:

• directly by the Host;
• by MediStay on behalf of the Host; or
• by an authorised payment provider.

Where MediStay collects the Accommodation Charge, the Host remains responsible for providing the Accommodation and for Accommodation refunds.

MediStay may delay payment to a Host where reasonably necessary to investigate fraud, process a refund or investigate a dispute.

A Booking-related dispute must be raised by:

1. opening the relevant Booking; and
2. clicking the Raise a Dispute button.

The dispute will then be investigated under the MediStay® Booking Disputes and Mediation Policy.

MediStay® is a registered United Kingdom trade mark owned by MediStay Ltd.

Trade Mark Number: UK00004369433
Registered Classes: 35, 36, 42, 43 and 44

The MediStay® name, logos, branding, software, website content and platform design are owned by or licensed to MediStay Ltd. They must not be copied, reproduced or commercially used without written permission.

MediStay processes personal information under the MediStay® Privacy Notice.

Information necessary to administer a Booking may be shared with the relevant Host and authorised service providers. Hosts may also act as independent data controllers.

Nothing in these Terms excludes liability where doing so would be unlawful.

MediStay is responsible for foreseeable loss caused by its failure to use reasonable care and skill when providing its own platform services.

Unless MediStay is expressly identified as the Accommodation provider, MediStay is not responsible for the Host's independent provision of the Accommodation, including:

• the condition of the property;
• property maintenance;
• Host cancellation decisions;
• Host refund decisions;
• Host security deposit deductions; or
• the conduct of other Guests.

MediStay remains responsible for its own payment errors, misleading statements, data protection failures and other legal duties owed directly to the Customer.

MediStay may amend these Terms from time to time. The version accepted when a Booking was confirmed will normally continue to govern that Booking.

These Terms are governed by the law of England and Wales. Consumers retain any mandatory legal protections applying where they live.