Wishie Homes Website Terms and Conditions
Important Legal Notice
- These terms and conditions (together with any documents referred to on this page) (the “Terms”) set out the terms on which you may use our website, www.WishieHomes.com, (the “Website”).
- Please read these Terms carefully before using our Website. By continuing to use our Website you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please stop using our Website immediately.
- If you have any questions concerning these Terms or any material appearing on our Website, please contact we*******@Wi*********.com .
Information About Us
- Wishie Technologies Limited (“we”, “us”, “our”) is a leading independent serviced apartment agent and advertises serviced apartments worldwide on behalf of its various independent property providers.
- We are a company registered in Ireland with registration number 766282 and have our registered office at Wishie Technologies Limited, 51, The Ashes, Elmfield, Ballyogan Road, Dublin 18, Ireland.
Registration
- You will be able to access much of our Website without having to register your details with us and without the use of a username or password. Certain areas of our Website (“Registered User Areas”) can only be accessed by our registered users who we have provided with a username and password to access such areas.
- If you choose, or are provided with a username, password or any other piece of information as part of our security procedures you agree to treat such information as confidential and not to disclose such information to any third party. You agree that you shall be entirely responsible for all activities carried out using your username or password even if such activities are not carried out by you. We shall have the right to disable any username or password, whether chosen by you or allocated by us, at any time, and to restrict access to the Registered User Areas if in our sole opinion you have failed to comply with any of the provisions of these Terms.
Website Materials & Permitted Use Policy
- We are the owner or the licensee of all intellectual property rights (including without limitation copyright, trade marks and design rights (whether registered or unregistered) database rights and rights in confidential information and know-how) in our Website and in all information and material published on our Website (the “Material”). The Material is protected by copyright laws and treaties around the world and you are only permitted to use it as expressly authorised under these Terms.
- In consideration of you complying with these Terms, we grant to you a non-commercial, non-exclusive, non-transferable, royalty-free, revocable licence to:
- retrieve, display and view the Material on your computer; and
- print a single copy of each individual Website page; all for personal, lawful and non-commercial use only.
- If you fail to comply with any of these Terms, your right to use our Website and the licence granted to you in clause 4.2 shall immediately terminate without further notice to you and you agree, at our option, to return or destroy any copies of the Materials that you may have made.
- You agree that you shall not (either solely or jointly with or on behalf of any other third party) or permit others to do any of the following without our prior written consent:
- reproduce or copy the Material (otherwise than as allowed under these Terms) or modify or create derivative works from it, or in any way commercially exploit any of the Material; or
- distribute, transmit or publish any of the Material (including using it as part of any library, archive or similar service); or
- create a database in electronic or structured manual form by downloading and storing all or any of the Material from our Website for any purpose whatsoever.
- You also agree that in relation to the Website you shall not (either solely or jointly with or on behalf of any other third party) do any of the following:
- post, publish or transmit to or from the Website any material that is threatening, defamatory, obscene, offensive, abusive, discriminatory, inflammatory, blasphemous, in breach of confidence, objectionable or for which you have not obtained all necessary licenses and/or approvals; or
- upload files that contain software or other material protected by copyright or any other form of intellectual property right unless you own or control such rights or have received all necessary licenses and/or approvals; or
- do anything that is in any way unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
- transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
- damage, interfere with or disrupt access to our Website or do anything which may interrupt or impair our Website’s functionality; or
- delete any author attributions, legal notices, (including without limitation copyright and trade mark notices) from any Material.
Viruses, Hacking and Other Offences
- You must not misuse our Website by introducing viruses, trojans, worms, corrupted files, logic bombs or other material or software which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
- We make no warranty that this Website or the equipment that makes it available shall be free from any viruses or anything else which may cause harm to your (or anyone else’s) computing equipment. As such. we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
Information Supplied by You
- We process information about you in accordance with our Privacy Policy and you agree that all information provided by you may be used by us in accordance with our Privacy Policy
- We also use cookies on our Website. For more information about our use of cookies, see our Cookie Policy.
- Where any part of our Website requires you to register or to provide information it is your obligation to provide complete and accurate information and to update us of any changes to such information where appropriate.
- You agree that, subject to our Privacy Policy, by posting, publishing or otherwise uploading any information or material onto our Website or sending us information by any other means you grant us an irrevocable, perpetual, royalty-free worldwide licence to use such information in any way that we consider fit.
- We have the right to remove any material or posting you make on our Website if we deem appropriate.
Our Liability
- Subject to any other provisions agreed by us under the Specific Terms referred to in clause 10, this clause sets out our entire liability to you in relation to our Website and the information and material published on it.
- Whilst we endeavour to ensure that our Website is always available and that the content on our Website is accurate and complete, we make no warranty in relation to such availability, accuracy or completeness. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material. Our Website and any material on it is provided on an “as is” basis. Other than as stated in these Terms we make no (and expressly exclude all) conditions, representations or warranties, express and implied, whether by statute, common law or otherwise, to the greatest extent permitted by law.
- On the basis that the information on our Website is provided on an “as is” basis and that we may have some liability to you in relation to our Website and the material displayed on it if we contract with you under our Specific Terms referred to within clause 10, under these Terms, to the extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
- This clause does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
Linking to Our Website
- You may link to our Website provided you obtain our prior written consent. We reserve the right to withdraw any linking permission without notice. Our Website must not be framed on any other website.
- If you would like to link to our Website or make any use of material on our Website, please address your request to we*******@Wi*********.com .
Links From Our Website
- Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Whilst we endeavour to vet those third parties who we link to, we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them and you shall select and use any such links entirely at your own risk.
Specific Terms
- All apartment reservations made by you shall be subject to our Client/Host Reservation Terms and Conditions (a copy of which can be accessed via the Registered User Areas or provided upon request) and in the event that you appoint us as your booking agent and we advertise any of your serviced apartments on our Website, your relationship with us will be governed by our Property Partner Terms and Conditions (a copy of which can be accessed via the Registered User Areas or provided upon request) (our “Specific Terms”).
Trade Marks
- “Wishie Homes” is a registered trade mark of Wishie Technoglogies Limited.
Changes to these Terms
- We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we may make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website.
General
- You may not assign, sub-licence or otherwise transfer any of your rights under these terms as such rights are personal to you.
- If any part of these Terms is found to be invalid by any court having competent jurisdiction that part shall be enforced to the maximum extent possible and the validity of the remaining terms will be unaffected.
- Nothing in these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
Jurisdiction and Applicable Law
- The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
- These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Thank you for visiting our website.
This version was issued 21st August 2024.
Wishie Homes Client Reservation Terms and Conditions
Information About Us
- We are Wishie Technology Limited (Registration number: 766282) whose registered office is at 51, Elmfield Apartment, Ballyogan Road, Dublin 18, Ireland (“us”, “we”, “our”) and are the world’s largest serviced apartment agent.
- Our main website is available https://www.wishiehomes.com/(“Website”).
- We also operate other websites to the Website on which it may be possible to make Reservations. Any Reservations made on those websites will be subject to these Terms.
Reservation Terms
- These General Client Reservation Terms and Conditions for Reservations (“Terms”) set out the terms on which Wishie Homes clients (“you”, “your”) can make reservations (“Reservations”) for serviced apartments (“Apartment(s)”) which are provided by our various apartment providers (“Apartment Providers”) by the means set out in these Terms.
Our Group Companies
- You can make Reservations through us and also:
- https://wishie.ie
- You can make Reservations through us and also:
Website Reservation Requests
- You can use our Website to:
- search for an Apartment by selecting your desired location and dates of stay;
- select your preferred Apartment from the search results provided;
- view the current guideline charges for staying at the Apartment for the specified dates (“Apartment Charges”); and
- initiate a Reservation enquiry by:
- completing our website enquiry form on the Website at https://wishiehomes.com/contact/
- launching a live chat enquiry with us on the Website; and
- following the process set out at clauses 4.2 to 4.7.
- You can use our Website to:
(“Website Reservation Request“)
- when the functionality is made available on the Website, make a live Reservation in accordance with clauses 4.8 to 4.10.
- Website Reservation Requests
Upon receipt of your Website Reservation Request, we will confirm to you via email whether your preferred Apartment(s) is (or are) available on your preferred dates and the applicable Apartment Charges for your stay, including details of the cancellation policy.. - Where you wish to proceed with the Reservation you will be able to proceed to confirming the Reservation by email and making payment of the Apartment Charges via a secure payment page or bank transfer (unless we have agreed a separate credit account with you).
- Your Reservation will be subject to:
- the Apartment Provider confirming to us that it can accept the Reservation; and
- your payment of the Apartment Charges via a secure payment page or bank transfer (unless we have agreed a separate credit account with you).
- Where you make payment by card, once payment of the Apartment Charges has been taken:
- your Reservation will be confirmed;
- you will be taken to the Reservation confirmation page;
- you will also receive a confirmation email, which will amongst other things confirm (i) the Apartment address and location, (ii) the dates of your stay, (iii) the Apartment Charges, (iv) check-in and check-out times, (v) cancellation terms and (vi) Apartment contact details (“Apartment Reservation Confirmation”).
- Where you make payment by bank transfer, your Reservation will be confirmed upon our receipt of the Apartment Charges. You will then receive an Apartment Reservation Confirmation from us.
- Where you have a credit account with us, your Reservation shall be confirmed when we email you with the Apartment Reservation Confirmation.Your payment of the Apartment Charges shall be in accordance with our credit account arrangements with you.
- Live Reservations
When the Website provides the functionality, you may make a live Reservation for any of the available Apartments by following the same initial search process as for a Website Reservation Request, as set out at clause 4.1, with the exception that you can:- complete the live Reservation for an Apartment through the Website; and
- make payment of the Apartment Charges via a secure payment page linked to the Website,
without further reference to us.
- We will, as part of the live Reservation process, confirm with the Apartment Provider that it can accept the Reservation.
- Once payment of the Apartment Charges has been taken:
- the Reservation will be confirmed;
- you will be taken to the reservation confirmation page;
- you will receive a confirmation email with the Apartment Reservation Confirmation (with the details as set out at clause 4.5.3).
General Reservations
- You may initiate a Reservation enquiry outside of our Website by:
- an email reservation enquiry via st**@Wi*********.com or your Wishie Homes account manager, or dedicated client email address (if applicable);
- a telephone reservation enquiry via the contact details set out at /contact/;
- text message (if you have been provided with a number);
- instant messaging services (such as WhatsApp).
- You may initiate a Reservation enquiry outside of our Website by:
(“General Reservation Enquiry”)
- Upon receiving a General Reservation Enquiry, we will endeavour to respond with a range of suitable Apartment suggestions that meet your requirements, including details of:
- the availability of Apartments in your desired location for the dates of your stay;
- the Apartment Charges and cancellation terms
(“Apartment Suggestions”)
- If we are unable to offer any suitable Apartment Suggestions we will inform you accordingly.
- Upon receipt of our Apartment Suggestions, please let us know if any of these are suitable for your needs by email at our contact details set out at clause 34. You can provide us with your instruction to proceed with a Reservation for an Apartment Suggestion by getting in contact with us by email. Once we have received your email confirmation to proceed with a Reservation, we will endeavour to make that Reservation.
- Your Reservation will be subject to:
- the Apartment Provider confirming to us that it can accept the Reservation; and
- your payment of the Apartment Charges via a secure payment page or bank transfer (unless we have agreed a separate credit account with you).
- Once payment of the Apartment Charges has been taken:
- the Reservation will be confirmed;
- you will also receive a confirmation email with the Apartment Reservation Confirmation (with the details as set out at clause 4.5.3).
www.WishieHomes.com Users
- Where you have been assigned a Wishie Homes account by us you may use our platform at app.Wishie Homes.com, which will allow you to make Reservations.
- Your use of the platform will be subject to the platform terms set out at https://wishiehomes.com/contact/(“Wishie Homes Platform Terms”).
- In addition to the Wishie Homes Platform Terms:
- we have the right in our sole discretion to refuse registration or to cancel a Wishie Homes.com User’s account at any time, including for inactivity; and
- you are solely responsible for any activity that occurs on your account and for ensuring that your login details, password and other account details are kept confidential and are not shared with any third parties.
- Live Reservations
A Wishie Homes.com User can make a live Reservation via the platform for any of the available Apartments by following the same initial search process as for a Website Reservation Request as set out at clause 4.1 with the exception that a Wishie Homes.com User can:- complete the live Reservation for an Apartment through Wishie Homes; and
- make payment of the Apartment Charges via a secure payment page linked to Wishie Homes (unless we have agreed a separate credit account with you) without further reference to us.
- Wishie Homes as part of the live Reservation will confirm with the Apartment Provider that it can accept the Reservation.
- Once payment of the Apartment Charges has been taken:
- the Reservation will be confirmed;
- you will be taken to the reservation confirmation page;
- you will receive a confirmation email with the Apartment Reservation Confirmation (with the details as set out at clause 4.5.3).
- Reservation Enquiries
Where an Apartment Provider does not accept live Reservations, you will be able to make a Reservation for an Apartment through the platform following the same process as for Website Reservation Requests, as set out at clauses 4.2 to 4.7.
Additional Reservation Provisions
- Please note that all Reservations for Apartments are subject to availability.
- In the event that we have not been able to make your Reservation, we will notify you and suggest suitable alternative Apartments.
- If you do not receive a confirmation email with an Apartment Reservation Confirmation, or if any of the information is incorrect, please let us know as soon as possible.
- Once payment of the Apartment Charges has been made by you in respect of a Reservation, we will arrange for the appropriate payment to be made to the relevant Apartment Provider.
- For each Reservation, we will specify whether we are acting as:
- Principal – this means we have a direct contract with you in our own right in relation to the Reservation, and the Apartment Provider will not have a contract with you; or
- Agent – this means we will act on behalf of the Apartment Provider, and they will be the supplier. By accepting the Reservation and issuing the Apartment Reservation Confirmation, we will be acting as an agent for the Apartment Provider and creating a direct contract between you and the Apartment Provider in relation to the Reservation; or
- Combination Principal and Agent – this means we will act on behalf of the Apartment Provider in respect of the Apartment and there will be a direct contract between you and the Apartment Provider in relation to the Reservation of the Apartment, and there will also be a separate direct contract between you and us in our own right for the provision of the booking service and for the payment of our related service fees. Where this applies, you will receive one invoice with: i) a “Payment “Request” section charging for the Reservation of the Apartment on behalf of the Apartment Provider, and ii) an invoice section charging for the booking/management services provided by us in relation to the applicable Reservation.
Sales Tax
- The Apartment Charges are given exclusive of any “Sales Tax” being any sales tax which is levied upon the provision of the Apartment. We will always provide you with details of any Sales Tax you have to pay. For example, in the Ireland VAT is payable at 13.5% on the per night stay duration.
- We shall notify you if the position regarding Sales Tax alters between the date your Reservation is confirmed by us and the date of your stay at the Apartment. In such circumstances, and if necessary to comply with applicable law, where the Sales Tax (i) has increased, we will require you to pay any additional Sales Tax, (ii) has reduced, we shall refund any overpayment of Sales Tax to you.
Deposit
- The Apartment Provider may as a condition of the Reservation require a security deposit to cover any additional charges incurred and any damage or loss caused to the Apartment (“Security Deposit”).
- The Security Deposit may be requested by the Apartment Provider at any time before or on arrival. You agree to provide the Security Deposit if required and on the terms requested by the Apartment Provider or by us. The Apartment Provider may request the Security Deposit is made by the way of (i) a corporate credit card pre-authorisation or (ii) a physical cash deposit.
Card Payments
- We only accept payment by corporate credit card or bank transfer. We do not accept payment by any other card method.
- We apply a charge of 2.95% for payment by corporate credit card, which is not refundable in the event of cancellation or amendment of a Reservation.
Currency
- You will pay the Apartment Charges in the currency we notify to you during the Reservation process, or such other currency we agree with you in writing.
Apartment Information
- We carefully select our Apartment Providers and take precautions to ensure that the information concerning the Apartment is accurate, complete and up to date. We do, however, receive much of the information and materials regarding the Apartments from our Apartment Providers. We do not make any warranties or representations regarding any material and/or information provided by the Apartment Provider. We only provide information regarding an Apartment as an agent for the Apartment Provider.
- Further to clause 12.1:
- we will assist you where there is an issue in relation to information provided by the Apartment Providers;
- we will make any necessary changes to Apartment information provided where we become aware of any errors in information regarding an Apartment.
Information And Assistance
- We may during the Reservation process require certain assistance and information from you, such as your contact details, identity proofs, purpose of stay, the number of guests staying, their names and contact details, etc. You agree that you will promptly provide us with all such assistance and information that we may require and in relation to the information that it will be accurate, truthful, complete and up-to-date. Furthermore you agree to notify us immediately if there are any changes to such information.
- For www.WishieHomes.com Users, if there are any changes to your details it is your responsibility to update the relevant information in your account settings, which can be accessed via the Wishie Homes Platform. Failure to do so may result in us terminating your account.
Data Protection
- Any information you provide to us will be handled in accordance with our Privacy and Cookies Policy https://wishiehomes.com/privacy-policy/
- Where you provide us with information about a third party (including Guests), you confirm that you have their authority to provide such information to us for use in accordance with our Privacy and Cookies Policy.
- You acknowledge that we may pass information to the Apartment Providers and we will not be responsible for the use made by them of that information.
Apartment Provider’s General Policies
- You agree that your Reservation will be subject to these Terms and that in relation to your use of the Apartment you agree to be bound by these Terms and by any general policies, rules, terms or conditions of the Apartment Provider (“Apartment Provider’s General Policies”).
- We will provide you with the Apartment Provider’s General Policies where the Apartment Provider has supplied them to us.
- Where the Apartment Provider has not supplied us with the Apartment Provider’s General Policies, you (or any Guests) should ask the Apartment Provider for a copy upon check-in at the Apartment.
- We wish to highlight that some Apartment Providers require Guests to provide photographic identification (e.g. passport) upon check-in to the Apartment. The Apartment Provider may take a copy of any photographic identification provided for its records. The Apartment Provider’s taking of copies (and retention of such copies) of any photographic identification is a matter between the Apartment Provider and you. We do not receive a copy of any photographic identification and assume no responsibility for the Apartment Provider’s use of it.
Making Reservations on behalf of Third Parties
- If you are making the Reservation on somebody else’s behalf and/or any other third party will be making use of the Apartments (“Guest”) you, in addition, will procure the Guests compliance at all times with such Terms and the Apartment Provider’s General Policies as if they referred to you under these Terms.
- In the event a Guest breaches any of these Terms or the Apartment Provider’s General Policies such a breach will for the purpose of these Terms be considered a breach by you.
Change and Cancellation (By You)
- Once your Reservation has been confirmed by our Apartment Provider, your right to make a change to your Reservation or to make a cancellation will be subject to:
- any rights set out in the Apartment Reservation Confirmation, or indicated to you in writing during the Reservation process; and
- the Apartment Provider’s General Policies, which will provide details of such cancellation rights.
- If you would like to make a cancellation or make any change to your Reservation, please contact us. We will try to make changes to or cancel your Reservation, however, we cannot commit to being able to make any changes or cancellations once a Reservation has been made.
- Please note that if you contact us outside of our normal office hours (as set out in clause 34 below) your request will only be classed to have been received on the next working day.
- Once your Reservation has been confirmed by our Apartment Provider, your right to make a change to your Reservation or to make a cancellation will be subject to:
Change, Cancellation or Termination by Us or The Apartment Provider)
- In the unlikely event that the Apartment becomes unavailable on the dates that you have made the Reservation for we will let you know as soon as possible. Our liability to you will be limited to finding suitable, equivalent, alternative accommodation or obtaining a refund of any Apartment Charges you have paid. Neither we nor the Apartment Provider will be liable to you for any indirect or consequential loss..
- We will be entitled to terminate our agreement with you and/or your Reservation immediately in the event where:
- you fail to pay any sums when they fall due under these Terms;
- you (or any Guest(s)) otherwise breach any of these Terms or the Apartment Provider’s General Policies
- Following our termination in accordance with clause 18.2:
- you will vacate the Apartment immediately; and
- you will procure that any Guest will vacate the Apartment immediately.
Special Requests
- If you make any special requests, we will pass this information on to the Apartment Provider but we cannot guarantee that they will be able to satisfy your request.
Pets
- Please note that you are not permitted to allow pets (or any other animals) into the Apartments without our prior written approval. If you wish to bring your pet with you to the Apartment, please contact us.
- If we, or the Apartment Provider, have agreed to you having a pet in the Apartment, you will be required to comply with any additional rules made available by the Apartment Provider in relation to the same. Furthermore, a security deposit will be required which will be refundable at the end of your stay, provided the Apartment has been left in a satisfactory condition. Please also note that an additional cleaning fee will be required on departure and details of these will be provided to you in advance.
Health and Safety
- We will endeavour to pass on to you any information we receive from the Apartment Provider relating to its health and safety policies, but because we do not own or manage the Apartments, we cannot and do not provide any warranty or representation in respect of health and safety related matters concerning the Apartments (including the Apartment Provider’s health and safety policies) or the condition of the Apartments.
- Please contact us if you have any questions regarding the Apartment Provider’s health and safety policies or you become aware of any health and safety issues during your stay.
Insurance
- We recommend that you and any Guests take out travel insurance cover for your stay at the Apartment, including coverage for your personal possessions.
Currency Conversion
- We provide a currency conversion tool on our Website. You should only use the currency conversion tool as a guide and it is for indicative purposes only.
What to do if there is a problem
- We will provide you with reasonable assistance if you have an issue in respect of the Reservations, the Apartment, your use of it or any acts or omissions of the Apartment Provider (Apartment Issue). Please contact us immediately if you have an Apartment Issue. We will try to help, including taking the Apartment Issue up with the Apartment Provider
Liability
- Where we act as Agent, or as Combination Agent and Principal, we act as a reservation agent for and on behalf of our Apartment Providers and liaise with the Apartment Provider to complete the Reservation on your behalf. Where we act as Principal, we arrange for the provision of the Apartments in our own right. Regardless of what capacity we act in, we do not own any of the Apartments featured on our Website. The Apartments are (i) owned and operated by the Apartment Providers, or (ii) owned by third party landlords who appoint the Apartment Providers to take reservations for the Apartments on the landlord’s behalf or allow Apartment Providers to take reservations on their own behalf.
- We are not responsible for your (or a Guests) use of the Apartment or any acts or omissions of the Apartment Provider. We will attempt to help you resolve any issues as set out in clause 24. Ultimately, though, where we act as Agent, or as Combination Agent and Principal, it is the Apartment Provider who is responsible directly to you for the Apartment. Our obligations to you in relation to any issues regarding the Apartment are set out in clause 24. Where we act as Principal, the Apartment Provider will not have a direct contract with you, and we will attempt to help you resolve any issues as set out in clause 24 using our contract with them
- Subject to clause 25.6, the only liability we may have to you in relation to a Reservation or an Apartment where we act as Agent or as Combination Agent and Principal will be:
- to the extent that we make any errors or provide inaccurate information concerning the Apartments as set out in the Apartment Reservation Confirmation, provided the error or inaccuracy was entirely our mistake (determined by us acting reasonably) and not the mistake of the Apartment Provider; or
- to the extent that we make any error in relation to the Reservation itself (for example, reserving the wrong number of nights) again provided such error was our mistake and not the mistake of the Apartment Provider.
- Subject to clause 25.6, the only liability we may have to you in relation to a Reservation or an Apartment where we act as Principal will be to the extent that the Apartments or Reservation do not materially meet the descriptions or specifications set out in the Reservation Confirmation, and only to the extent that we fail in our attempt to help you resolve any issues as set out in clause 24.
- Any liability we do have to you will, in any event, be limited to the Apartment Charges that you pay to us in relation to the Reservation (or Reservations) to which such liability relates. We will not be liable to you for any indirect or consequential loss.
- Nothing in these Terms seeks to limit or exclude our liability for death or personal injury which is caused by our negligence or for any other matter which we are not permitted by law to limit or exclude.
- Where relevant we will have no contractual liability whatsoever to any Guest on whose behalf you have reserved the Apartment for and it is your responsibility to explain to them the basis upon which the Reservation has been made.
- All warranties, expressed or implied whether by statute, common law or otherwise are excluded to the fullest extent permitted by law.
Indemnity
- You agree to compensate us against all and any loss, damages and costs sustained by us arising out of any breach by you (or any person or people on whose behalf you make a Reservation for or who otherwise use the Apartment) of any of these Terms or the Apartment Provider’s General Policies.
Events Beyond our Reasonable Control
- We will not be in breach of our obligations under these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
Assignment
- Neither these Terms nor any rights or obligations under these Terms may be assigned or licensed by you.
Variation
- We may amend these Terms from time to time and make the revised and updated version available on our Website.
- Where we amend these Terms, any revisions or amendments will not impact upon any Reservations confirmed prior to the date of variation of these Terms, unless required by applicable law.
Entire Agreement
- These Terms supersede all prior agreements, arrangements and undertakings between us and you and constitute the entire agreement between us in relation to the subject matter of these Terms. You confirm that you have not entered into agreement with us on the basis of any representation that is not expressly incorporated into these Terms.
Illegality
- If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances or the validity or enforcement of these Terms.
Rights of Third Parties
- Subject to clause 32.2, the Contracts (Rights of Third Parties) Act 1999 will not apply to these Terms and no party other than we or you may enforce any provision under such Terms.
- Any Group Company (including Wishie Homes Asia, Wishie Homes Iberia or Wishie Homes Americas) may enforce these Terms in relation to a Reservation it has made.
Applicable Law And Jurisdiction
- These Terms will be governed by the laws of England and Wales and the English courts will have exclusive jurisdiction in relation to any dispute with respect to the subject matter or construction of these Terms.
Contacting Us
- You can contact us by emailing us at
st**@Wi*********.com
or alternatively you can phone us on:
- +353 899447631 – for our Dublin, Ireland Office; and speak to one of our apartment experts who can deal with any questions you may have on your Reservation.
- Our offices are open as follows:
- Dublin, Ireland helpdesks are open Monday to Friday (08:00 – 18:00 Irish time), except for public holidays in the relevant locations, during which time these offices will be closed.
- You can contact us by emailing us at
st**@Wi*********.com
or alternatively you can phone us on:
Version 2 ( 5th August 2024)