Terms of Service

Last revised April 16, 2013

Hereunder you will find an overview of Stay.com’s Terms of Service Agreement (“TOS”); the overview is not a complete list and should not be treated as such. For the full version of the TOS, see below.

  1. When using Stay.com’s services, Stay.com collects personal information about you. See the Stay.com Privacy policy and article 2.1 of this TOS
  2. You are responsible for anything that is posted under your account, including use by someone else via your login. Therefore we recommend that you keep your login confidential
  3. You may only use the Stay.com service for personal and non-commercial purposes
  4. You shall not post anything that is unlawful, infringes third party rights, or might expose Stay.com for criticism. See full list under article 3 of this TOS
  5. Stay.com has the right to remove content, cancel your account or suspend you from the service if you post anything of the above mentioned
  6. You own the information that you post on Stay.com, however by posting information on the Service you authorize Stay.com to use it and make copies of it
  7. Stay.com is not responsible for third party orders/bookings, see article 4 of this TOS
  8. You must be 18 years or older to use or register with Stay.com
  9. Keep yourself updated on any changes in the TOS at www.stay.com.

If you have any questions related to the service, the TOS or the handling of your personal data, you may contact Stay.com by sending an e-mail or a regular mail to:

Stay.com/EuropaReiser AS
Gaustadalléen 21
N-0349 Oslo

support@stay.com

1. Terms of Service - Acceptance

This TOS is entered into by and between Stay AS organization number: 986 572 155 (“Stay.com”) and you as a user (the “User”). The TOS governs the use of Stay.com’s online services, mobile services, and other services, including, but not limited to, the creation of travel itineraries and records as well as additional services both of free and/or premium nature (the”Service”).

Please review this TOS carefully. As a User you agree to the TOS by using the Service and/or registering with Stay.com. If you feel you cannot accept or fulfil this TOS please do not use/register with Stay.com.

Stay.com reserves the right to update and/or modify this TOS from time to time and without notice. The most recent revisions of the TOS shall supersede any previous versions and the current version of the TOS will always be found on the Stay.com website www.stay.com. It is your responsibility as a User to be updated on any new versions. Any continued use of the Service following the posting of any changes in the TOS shall constitute acceptance of such changes.

A User’s failure to abide by the TOS may result in suspension or termination from using the Service.

Stay.com reserves the right to, at any time, modify or discontinue the Service or parts thereof temporarily or permanently. Notice of any discontinuation or modification of the Service will be disclosed at www.stay.com.

Stay.com requires that you are 18 years old or above to use the Service, see article 3.2.

2. Creating Accounts - Account Registration

2.1 User Information – personal data

When creating an account with Stay.com, Stay.com will require a password and user ID, as well as ask for your name and e-mail address. This data is collected in order for Stay.com to be able to create an account and manage the customer relationship. As a User you agree to provide Stay.com with accurate information and to keep said information updated. See Stay.com’s Privacy Policy.

User privacy is very important to Stay.com and Stay.com only processes personal data for the purposes for which they are collected and in accordance with the terms in the Norwegian data protection Act. The personal data collected will not be made available to any third parties without your explicit consent, and will be deleted when it is no longer necessary for the processing to keep it.

Stay.com maintains sole discretion refusing certain user names or information that may represent a risk to any other user with regard to potential identity theft, possible offense, or otherwise impersonation of another user.

By contacting Stay.com you will be able to get information about what personal data Stay.com has registered on you. You will also be able to change or update that data.

The User may opt in to use the service through social media, such as but not limited to Facebook and Twitter. Stay.com shall not be responsible for your usage of the Service through social media services.

2.2 Registration Information and Confidentiality

When registering and/or setting up an account on Stay.com you are solely responsible for maintaining the confidentiality of your information. You are also solely responsible for your use of the Service, including the use by anyone with access to the Service via your login. As a User you may not sub-license, transfer, sell or assign your account or information to any third party, without the written consent of Stay.com. Attempting to do so will exclude you from using the Service.

3. Using the Stay.com Service

3.1 For personal use only

Unless otherwise specified, Stay.com’s Service is intended for your personal non-commercial use only. A User shall not, without previous written acceptance from Stay.com, attempt to any of the following when using Stay.com's Service:

  • Access Stay.com in a manner not provided or authorized by Stay.com
  • Reproduce, duplicate, copy, sell, trade, resell or exploit the Stay.com Service
  • Republish any information available within the Stay.com Service

As a User you are responsible for all activity that occurs under your user account, and you agree not to use the Service to upload, post, transmit, share, store or otherwise make available content deemed to be harmful, threatening, inflammatory, harassing, vulgar, unlawful, defamatory, infringing, abusive, obscene, fraudulent, or privacy invasive. As a User you warrant that you have the right to post the information you upload to the Service and that it does not infringe any third party rights. You also agree to use the Service in accordance with the law, and acknowledge that failure to do so may subject you to civil and criminal penalties.

Additionally; hateful or racially, ethnically or otherwise objectionable content shall be grounds for discontinuance of the Service. Users also agree not to carry out unsolicited advertisement or other distribution/solicitation via the Service or any portion thereof.

Stay.com shall have the right to, without notice, remove User’s content, close down User’s account or suspend User if Stay.com in its sole discretion deems it to be unlawful or in violation of, or may imply a breach of this TOS. This shall also apply to information that may expose Stay.com for risk of criticism.

3.2 Minors

Stay.com does not knowingly collect or make use of information from minor users. Minors are also expressly prohibited from submitting their information to Stay.com. In cases where such information is made evident to Stay.com, said information will be subject to deletion from the Stay.com data base.

4. Third Party Booking / Ordering Services

When you as a User use Stay.com to book services or buy products from third parties, Stay.com is not responsible for the order or the booking.

All third party booking and sale services on Stay.com’s website are independent contractors and not partners or employees of Stay.com. Stay.com shall not be responsible for any actions, mistakes, omissions, over bookings, claims, guaranties etc. related to the order or the booking. If you experience any problem with your booking or order please contact the agency, supplier or company named on your booking / order.

5. Intellectual Property Rules, Rights and Use

5.1 Use of Data and Materials

The Stay.com site contains material protected under copyright and other intellectual property laws. Stay.com reserves all rights, title and interest in the Service and any updates, modifications, improvements and derivatives thereof if nothing else is expressed in this TOS. Users may not modify, copy, reproduce, republish, or otherwise transfer any data or materials that belong to Stay.com. Users may only download material from the Service for their own personal, non-commercial use.

5.2 Ownership and Use

Stay.com content, such as but not limited to organization, graphics, text, images, video, design, compilation, advertising and all other material on the site(s), is protected under applicable copyrights and other proprietary statutes. Copying, redistribution, or modifying, up to and including alterations, except for the limited rights of use granted hereunder, is strictly prohibited.

5.3 Legal Compliance

You as a User agree to use the Service only for purposes that are permitted by applicable law, rules or regulations, and permitted by this TOS.

5.4 Links to Other Domains

The User acknowledges that he/she understands that Stay.com does not condone or endorse content from other sites which are linked to via the Stay.com sites. Furthermore, Stay.com will not be responsible for the content or actions of websites beyond our control. User links to any other service or site is at the Users sole discretion and risk.

5.5 Interfering and Tampering

The User agrees not to disrupt, or in any way attack, modify or interfere with the Stay.com Service or its associated software, hardware and/or servers in any way. Additionally, the User agrees not to interfere in any way with other User's use of these services. Tampering or altering information, materials or data on the service also represents a breach of this agreement. Only access via HTTP and HTTPS is allowed.

6. User Generated Content

6.1 User Responsibility

You as a User are solely responsible for the profiles, photos, reviews, messages, text, and all other content that you upload to the Stay.com Service. In addition, you are responsible for any data you publish or deploy via Stay.com's Service, including sharing or posting on other sites.

6.2 User Content License

As a User of the Stay.com Service you authorize Stay.com to use or make copies of your content (guides, venues, reviews, comments, feedback, testimonials, ideas, suggestions or any similar or related information) for any purposes deemed necessary by Stay.com. By posting user content to any part of Stay.com’s Service or its subsidiaries, you automatically grant Stay.com a license to said content however and wherever originally situated. This right shall remain after you as a User have ended the Service / cancelled your account.

Stay.com shall not be obligated to pay any compensation with regard to said use of information.

6.3 Intellectual Property Ownership

Stay.com does not assert any ownership over User's content if nothing else is specified in this TOS.

7. Trusted Traveler - Special Terms of Service

This Special Terms of Service (”Special Terms of Service”) shall apply in addition to and as a supplement the TOS. Terms defined in the TOS shall have the same meaning herein unless the context says otherwise. As a Trusted Traveler you are obligated under the same terms as a User, but if there are contradictions between the terms in the TOS and in this Special Terms of Service, the Special Terms of Service shall supersede.

As a Trusted Traveler you are a highly valued contributor to the Service. Through the Service you will be able to share your expertise, recommendations, travel tips, pictures, feedback, testimonials, comments, ideas, suggestions, ratings, reviews, travel stories, tailored travel guides and similar or related information with all of Stay.com’s users.

Stay.com will always strive to expose and advertise you, and through the Service you will be able to build and promote your name, brand and/or reputation.

When providing Stay.com with the above mentioned information you agree to give Stay.com an unlimited right to, without royalty payments, publish and / or in other ways use named information in the Service, this includes but is not be limited to usage for marketing purposes. The right for Stay.com to use the information shall remain after the co-operation between Stay.com and you as a Trusted Traveler has ended.

If the information is not updated, Stay.com shall have the right to, at their own discretion, alter and/or update the information when Stay.com deems that necessary.

8. Indemnification

As a User, you agree to indemnify and keep Stay.com and its affiliates, employees, agents, representatives and third party service providers harmless with regard to any and all claims and liabilities (including attorneys fees) which may arise from your submissions or interactions with Stay.com. Stay.com cannot be held liable for any unauthorized user interaction, use of materials obtained from the Service, or for any breach of this TOS.

9. Disclaimers and Liability Limitations

Each User acknowledges that they are using Stay.com’s Service at their own risk. Stay.com’s Services are rendered to the User "as is", and Stay.com or its affiliates disclaim any and all warranties either expressed or implied. This includes, but is not limited to; any guarantee of accuracy, title, merchantability, reliability, fitness of purpose, or any other warranty, either oral or written. Stay.com does not supply and/or warrant for the accuracy with regards to the correctness, completeness or even usefulness of the information contained within the Stay.com network of sites and services. Furthermore, Stay.com does not warrant uninterrupted use of the Service it provides, nor do any of Stay.com's third party providers, affiliates, or partners. For the purpose of this agreement, uninterrupted service shall also apply to the loss of User information.

The User, by proxy (in using said services), agrees to release Stay.com and its officers, representatives and other affiliates from claims, damages and demands arising from the use of Stay.com services.

10. Termination or Suspension of Service/Account

As a User you have the right to cancel your account at any time. Stay.com shall have the right to cancel the Service at any time with 30 days notice. Stay.com shall also have the right to cancel an account or suspend a User at its own discretion, see article 3.1.

11. Dispute Resolution

11.1 Governing law

This TOS shall be governed by the laws of Norway, and the parties hereby submit to the exclusive jurisdiction of the Oslo District court.

11.2 General

Disputes arising between users and Stay.com shall be resolved via the most neutral and cost effective means possible. The User agrees to try to solve any claim or dispute amicably.

11.3 Contact

If you have any questions related to the service, the TOS and / or the handling of your personal data, you may contact Stay.com by sending an e-mail or a regular mail, see address below:

Stay.com/EuropaReiser AS
Gaustadalléen 21
N-0349 Oslo

support@stay.com