TERMS OF SERVICES USE (“Terms”)
2 May 2018
PLEASE READ THESE TERMS OF SERVICES USE CAREFULLY.
BY REGISTERING FOR AN ACCOUNT OR ACCESSING OR USING THE SERVICES UNDER THIS WEBSITE OR ANY SUBDOMAINS THEREOF, YOU AGREE TO BE FINALLY, UNCONDITIONALLY, IRREVOCABLY AND LEGALLY BOUND BY THESE TERMS OF SERVICES USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. THE TERMS REPRESENTS THE MUTUAL UNDERSTANDING AND BINDING AGREEMENT BETWEEN YOURSELF AND AGARLY.COM
(“Agarly”) is an online platform that provides property(ies) rental (“Services”) in the Arab Republic of Egypt. Registered (“Members”) using the platform are users offering rental services (“Owner”) either a proprietor or a property manager legally authorized to rent the property to the public (“Guest”) whom are interested to rent such property.
Both the Owner and the Guest communicate for booking the offered rental published property(ies) for (“Accommodation”).
Owners utilize the features set on Agarly platform to post their rental property(ies) in order for Guests to search for the desired unit, by submitting key words defining the property(ies) they wish to rent and review the following (“Credentials”) :
3) Extra Information
6) The House Rules
7) The Cancelation Policy
8) The Payment Terms and Accommodation Fees
9) The Agarly Terms of Services
If Guests request for a booking they shall acknowledge and accept the following:
1) The Cancelation Policy
2) The Payment Terms and Accommodation Fees
3) The House Rules
4) The Agarly Terms of Services
And shall enter credit card details and approve the withdrawer of at least one night or full amount of (“Accommodation Fees”) according to the Cancellation Policy set by Owner.
Accordingly, the Owner shall response to booking requests within 24 hours; otherwise the request shall be expired.
If approved by the Owner, Agarly shall charge the chosen amount.
1.1 In the present Terms the indication of first person such as “we” and “us” as well as the term “Agarly” whenever capitalized shall be a reference to Agarly for Real-estate Marketing , an Egyptian Stock Company having its headquarters at ISS Building, 19 El-Shahid helmy Al-Masry, Almaza, Cairo, Egypt, and the term “you” and/or other indications in the second person such as “Members”, “Guest” or “Owner”, “Property Manager” shall be a reference to such user of who accepts the Terms by registering an account or by accessing or by using the “Services” provided through this website “Agarly.com”.
2. ELIGIBILITY OF MEMBERS
2.1 By registering an account or by accessing or by using the services provided through this website you indicate that you are a natural person with full capacity to legally use the Service, above 18 years old and that you are not inter alia legally required to use the discretion of a legal guardian for such usage and that you have read and fully understand the Terms.
2.2 Members registering an account or accessing or using the Services provided through this website acknowledge and agree that before using Agarly platform they are responsible for complying with the Egyptian governing laws subject to rents in the Arab Republic of Egypt.
2.3 Any required license or permits or legal registration before the governmental authorities shall be solely and explicitly the responsibility of the Members to acquire and hold valid at all times.
3. TERMS MODIFICATIONS
3.1 Agarly may alter the Terms at any time, however, we and you shall be bound by those Terms accepted by you when registering an account or by accessing or by using the services provided through this website. The provisions of newer versions of the Terms shall only apply after their publication; we urge you to check the Terms as often as possible to verify whether any changes have been made to the extent that may cause you not to use our Services.
4. ACCOUNT REGISTRATION AND MEMBERS VERIFICATIONS
4.1 In order to access Agarly Services, you will need to register for an account using either your email address or your login credentials from a third-party social media sites.
4.2 If you choose to register with your email you agree to; create a unique password that is hard to access by third parties, provide accurate, truthful, current and complete information of you. You shall always keep your account information updated to reflect the current status and information.
4.3 You are not allowed to use usernames or email addresses that are considered offensive, unlawful or violating public moral or general acceptance. The user name and email addresses you apply need to reflect your identity and even if you decided to use an alias or an alias email such should not be offensive, unlawful, violating public moral or general acceptance or lead other people to believe that you are a person of special stature of influence such as entertainment and sports celebrities, public figures, heads of states or clergy members. The usernames and email addresses that are considered in the foregoing categories include without limitation names and addresses that incite hate, indicate derogatory opinion or depiction of certain people, depicting people as criminals, encourage the ill treatment or causing harm to people.
4.4 If you choose to either register with your email address or with third-party social media sites, you shall be responsible to; maintain the security of your account on Agarly and on other third- party social media sites, take responsibility and risks for all activities that occur under your account and notify us on (Complaints@Agarly.com) of any discovered or suspected security breaches related to the Terms.
4.5 You understand that your username and password are exclusively assigned to you and you shall not reveal them to any other person. You accept that any access made by third party using your username and passwords shall be your responsibility.
4.6 Initial required (“Personal Information”) for Service usage and Member verification is collected by Agarly as you register. You will not be able to use any of Agarly’s Services unless Agarly verify the below Personal Information:
4.6.1 An uploaded scanned copy of the Egyptian National ID (Egyptians) or Passport
4.6.2 Domicile Address
4.6.3 Mobile Number
4.6.4 Email Address
4.7 You agree and acknowledge that your Personal Information shall be disclosed to Agarly and other Members on Agarly platform for providing the Services and for communication purposes.
4.8 Extra requisite (“Financial Information”) shall be submitted by Members to Agarly when concluding an agreement between both Owners and Guests on Agarly platform; this includes your credit card and/or bank account details.
4.9 You will need to input the Financial Information into the ("Agarly Financial Center") section on Agarly platform. You agree and acknowledge that the Financial Information is only disclosed to Agarly. You shall not post any of your Financial Information on any other section on Agarly platform. The posting by you of Financial Information anywhere on Agarly platform other than on the Agarly Financial Center section may lead to the suspension of your account. Agarly shall not bear any compensation in regards to such act.
4.10 The Financial Information for the payment or payout methods shall include your customary billing information such as your name, address, financial instruments information either to Agarly or banks as payment processor(s). You agree and acknowledge that such financial Information shall be accurate and complete and updated at all times.
4.12 You agree and acknowledge that Agarly does not endorse, certify or guarantee any Member whether that Member is a trustworthy or suitable and that any Member successfully applies the required information stated in article 4.6 is only an indication that the relevant Member has completed the basic verification process to access the provided services.
4.13 You agree and accept that we shall have the absolute discretion and right to terminate your account without indicating cause.
5.1 Agarly platform content and Members content may in its entirety or in part be protected by copyright, trademark, and/or other intellectual property rights laws.
5.2 Unless otherwise indicated, the Services, all content and materials on the Agarely.com including, without limitation, Agarly logo, designs, text, graphics, pictures, videos, information, data, software, sound files, other files, and the selection and arrangement thereof, are the proprietary property of Agarly or Agarly licensors or third parties or Members and are protected by the Egyptian and international governing laws.
5.3 Unless otherwise indicated, the Members content on the Agarely.com including, without limitation; Personal Information, Financial Information, pictures, selection and arrangement thereof and/or other files are the proprietary property of the Members or Agarly, or Agarly licensors and are protected by the Egyptian and international governing laws.
5.4 We take Intellectual Property Rights infringement matters seriously and will enforce any claims made to Agarly on (Complaints@Agarly.com) in accordance with the Egyptian laws and the DMCA and/or other applicable international laws.
5.5 Members can use their accounts to create, post, follow, store and contact other Members. Also Members have the right to include good or negative reviews according to their experience, if such review is not considered under the applicable law as a criminal act.
5.6 You are solely responsible for your content that you make available on or through Agarly platform. You represent and warrant that you are the sole and exclusive Owners of the content that you make available on or through the Agarly platform.
5.7 We reserve the right to amend any content or feature or disable or terminate the Service at any time, without your prior notice.
5.8 Agarly grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to do the following:
5.8.1 Access and use the online platform (website)
5.8.2 Download and use mobile - device Application
5.8.3 Access and view any content made available on or through the Agarly platform accessible to you for your personal use and within the scope of Agarly permitted commercial rental Services.
5.9 Any Member using the Agarly platform, grants to Agarly a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable and transferable license to use the content of such Member for only the purpose of providing and/or promoting the Agarly platform services, in any media or platform.
5.10 Agarly does not claim any Ownership rights in any Member content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your content.
5.11 Agarly may provide extra service concerning the Members content such as, professional photographers take photographs or videographers take videos (“Materials”) of Owners offered properties. Such extra Service by Agarly is concluded after the Owners consent. Materials taken by Agarly shall be exclusively Agarly’s property and the Member shall not have any right to use them on different platforms.
5.12 You acknowledge and agree that by accepting the extra Service offered by Agarly, you grant to Agarly an exclusive, worldwide, royalty-free, irrevocable, sub-licensable and transferable license to use such Materials for advertising, marketing in any media or platform, whether in relation to your offered property or otherwise, without further notice or compensation to you.
5.13 If you stop using Agarly Services, or if your Agarly Account is terminated or suspended for any reason. You acknowledge and agree that Agarly shall have the right to use any Materials taken by Agarly in advertising, marketing in any media or platform without further notice or compensation to you.
5.14 We reserve the right of reposting or promoting any materials or content at any time on Agarly platform and/or on other websites, applications, via emails and advertisement in order to increase the exposure of the offers published on Agarly platform without your prior consent.
5.15 We reserve the right to delete or eliminate any content, materials, posts and comments at any time, without your prior consent.
5.16 We reserve the right to suspend or deactivate accounts in cases of repeated violations without your prior consent.
5.17 It is not acceptable by Agarly that you introduce any 1) commercial content outside Agarly Services scope 2) content that includes illegal or harmful activities 3) content that impersonate another person or account 4)content that is fraudulent, deceptive and misleading 5)posts, comments that hat includes irrelevant or illegal content.
5.18 It is prohibited by Agarly the initiation of any attempts by Members that includes any sort of extortion practices, either through the posted reviews or the responses (content) that forces a Member to do something they are not obligated to do, or that constitute under the competent law a criminal act.
5.19 Agarly does not guarantee the continuous and uninterrupted availability and accessibility of the Agarly Platform and Agarly Financial Center, due to the internet defects. Agarly may restrict the availability of the platform or certain features thereof, if this is necessary for maintenance reasons or others.
5.20 Agarly may improve, enhance and modify the platform and introduce new Agarly Services from time to time.
By (“Data”) we mean the "Personal Information" pre mentioned in sub article 4.6 and “Financial Information” pre mention in sub article 4.8, and any information that can be associated with a specific Member and can be used to identify and communicate with that person or that can be used to disclose and access the Member financial accounts, also any content provided by the Member.
6.1 Collection of Data
6.1.1 We collect your Personal Information, as you register for an account on Agarly platform, such as your Egyptian National ID Number (Egyptians) or Passport Number, domicile address, mobile number and email Address.
6.1.2 We collect your Financial Information as you agree to conclude an agreement with another Member on Agarly platform, to enable us access your banks accounts to either deposit or withdraw money for the completion of the provided Services.
6.1.3 We may collect transactional information based on your activities using the Agarly platform, this transactional information is used only for providing our Services or improving it.
6.1.4 We may use your IP or ISP address to analyze your use and improve the Agarly Platform. In addition we may collect information about your device and navigation information such as the pages you visit on Agarly platform along with the times that you access. We may also collect information collected by cookies and other permitted tracking technologies.
6.2 Use of Data
6.2.2 Agarly shall use your Data to:
1) Verify the information you provide us;
2) Operate and provide you with our Services;
3) Contact you;
4) Send you notices regarding updates, security alerts, support and administrative messages;
5) Analyze your use of our Services to improve such Services to meet your interest;
6) Link or combine with other information collected from third parties to help reach your goals and understand your demands.
6.3 Sharing and Disclosing Data on Agarly Platform
6.3.1 For operating purposes, as you register, we shall disclose your Personal Information to Members on Agarly platform to communicate with you and reach you.
6.3.2 For operating purposes, when both an Owner and a Guest agree on Accommodation Fees and terms, both shall be required to provide the Financial Information to Agarly, the Financial Information shall only be disclosed to Agarly Financial Center to further finalize the process.
6.4 Third Party Links
6.4.1 The Agarly platform may contain links to third party websites such as social media websites and payment processors. Third party services may be subject to different terms and privacy policies. You acknowledge and agree that Agarly is not responsible of such terms and polices or liable for the availability or accuracy of such third party services, content or products, or services available on the third party website. Links to such third party services are not a guarantee by Agarly to any of the third party services, content or products.
6.4.2 The access to third party website to use third party services through Agarly links may require that you accept additional terms. If there is a conflict between Agarly Terms and terms of third party website, the Agarly terms and policies will prevail with respect to your access to or use of that area or feature related to Agarly, unless explicitly specified otherwise.
7. FEES TERMS AND TAXES
7.1 We reserve the right to adjust pricing for our Service in any manner and at any time as we may determine in our sole discretion.
7.2 Agarly fees are not refundable
7.3 Service Fee
7.3.1 (“Guest Service Fee”)
Agarly shall charge Guests a Service fee when an Accommodation reservation is confirmed between the Guest and the Owner, which is generally between 10% & 20% of the subtotal of such booking and is automatically added to the reservation subtotal. It is stated on the reservation fee checkout page and the confirmation mail sent to the Guest.
7.3.2 (“Owners Service Fee”)
Agarly shall charge Owners a Service fee when a booking is concluded between the Owners and the Guest, which is generally equal to 10% of the subtotal of such Accommodation and is automatically deducted from the payout of the Owners when the booking is completed and have satisfied the measurements stated in article 7.5.
7.4.1 Applicable taxes will be retained and remitted.
7.4.2 As for the any taxes or/and VAT charges on the Guest Service Fee, Owners Service Fee or any other Services provided by Agarly shall be governed by the Egyptian laws subject to taxation.
7.4.3 You agree and acknowledge that you separately shall bear your applicable taxes subject the Guest Service Fee, Owners Service Fee or any other Services provided by Agarly and that Agarly shall separately bear all taxes subject to Agarly Services.
7.5 Satisfactory Measurements and Penalties:
7.5.1 Owners / Property Managers shall be responsible for ensuring that the Accommodations posted on Agarly platform meets the minimum (“Satisfactory Measurements”) stated by Agarly, which include but not limited to, the accurate description of the offered property and the posted Credentials, safety, cleanliness and the availability of a third party who shall be able to resolve any Guest issue that may occur during the Accommodation period.
7.5.2 Agarly reserve the right to apply (“Owners Penalties”) on Owners before, during or after the Accommodation period if; the Guest did not receive the reserved property on the specified date and time as agreed on Agarly platform, or the Guest clearly finds that the property does not meet the minimum Satisfactory Measurements and /or the chosen Credentials posted by the Owners on Agarly platform, or the Owners did not fulfill his obligations as agreed with the Guest on Agarly platform.
7.5.3 In the event of any of the above violations or other, Agarly shall have the right to apply penalties on the Owners, after investigating the matter with all due diligence. Owners agree and acknowledge that Agarly shall have the right to determine the penalty amount on a case by case basis, and that the amount shall be final and binding on Owners.
7.5.4 Penalties may be either to reimburse that Guest up to their full Accommodation Fee or provides an alternative Accommodation to the Guest as an emergency re-booking. If the Guest is relocated to an alternative Accommodation, Owners acknowledge and agree that they may pay to Agarly reasonable additional costs incurred by Agarly to relocate the Guest.
7.5.5 In the event of a Guest checking in and the property is not matching the standard cleaning measurements, not matching the uploaded Images, or the Description posted by the owner/Property Manager on Agarly Platform, 50% of the first night fees shall be paid to the Guest as compensation.
7.5.6 Owners authorize Agarly to collect specified amounts (penalties) by reducing Owners Payout or as described otherwise within the Terms.
7.5.7 Agarly reserve the right to apply (“Guests Penalties”) on the Guests before, during or after the Accommodation period if; the Guest cancelled the agreed on reservation in contravention to the Cancellation Policy, or the Guest caused damage to the property or any of the devices in the property, or the Guest did not deliver the property on the specified date and time.
7.5.8 In the event of any of the above violations, Agarly shall have the right to apply penalties on the Guests, after investigating the matter with all due diligence. Guests agree and acknowledge that Agarly shall have the absolute discretion and right to determine the penalty amount on a case by case basis, and that the amount shall be final and binding on Guests.
7.5.9 In the event of a Guest causing damage to the property or any of the devices in the property, the Owners shall have the right to submit a complaint claiming the security Deposit within 3 hours after the Guests departure, Agarly will have the right to Approve or reject this claim based on the evidence submitted by the Owner. Otherwise if the Property is under insurance, the Guest shall contact Agarly and proceed with the insurance claim Process.
7.5.10 In the event of a Guest paying the Accommodation fees partially and delayed the payment after the agreed upon deadlines, the reservation shall be cancelled and the first night paid fee shall not be refunded.
7.5.11 Guests are committed to all the House Rules mandated by the Owner included in the property page, and in-case of any violations the Owner has the right to cancel the reservation. House Rules may include personal identification for all adult Guests, pets’ policies and family policies and the (“All Not-Allowed List”).
7.5.12 In the event of repeated complaints from the same account, after sufficient investigation, Agarly shall have the right to terminate the reported Account permanently.
7.5.13 Any complaint from either the Owner or the Guest, regarding the reserved property should be sent to Agarly before 6:00 PM on the check in date.
8. RESERVATION & PAYMENT TERMS
8.1 General Provisions
8.1.1 Agarly platform provides payment solution services to Members in order to make the Accommodation experience an easier one and ensure a better utilization of our Services. Such payment service includes payment collection and payouts.
8.1.2 Payment services may be supported by third-party websites as payment processor(s) banks, or others, such third parties shall have other terms and conditions that Members shall have to review and accept independently.
8.1.3 Members wishing to use the Services on Agarly Platform shall have to register an account and insert the required Personal Information and Financial Information as stated in article 4.6 and 4.8.
8.1.4 You authorize and appoint Agarly by providing your Financial Information to store the Financial Information and to use for charging you or transferring amounts to your accounts and you agree to keep the Financial Information correct, accurate and updated at all times. The Financial Information shall be stored for financial transactions on (“Agarly Financial Center”).
8.1.5 Specifically for verifying the Financial Information provided to Agarly platform, you agree and acknowledge that Agarly shall have the right to take precautionary measurements to verify the accuracy of such Financial Information.
8.1.6 (“Payment Information Verification”) method shall include the right to authorize a nominal amount by Agarly that shall not exceed EGP 20 Egyptian Pounds, and ask you to confirm this transaction; such amount shall be then deducted from future Agarly fee services.
8.1.7 (“Payout Information Verification”) method shall include that Agarly send you one or more nominal amounts payment, and Agarly shall have the right to retain the verification amounts.
8.1.8 Agarly may in its sole discretion, use the rounding off of values by either round up or round down amounts that are payable from or to Members to the nearest full digit.
8.1.9 Agarly is not responsible of extra fees charged by third party payment processors (Banks) and such fees are to be added on either the Guest or the owner depending on the transaction.
8.2 Reservation Process
8.2.1 In the event of a Guest wishing to reserve an Accommodation with an Owner / Property Manager, the Guest after cautiously viewing the pictures and the posted Credentials including but not limited to the property ; location , amenities, facilities, rules, reviews, cost and Cancellation Policy, and approve them, shall insert the reservation dates. The Owners shall receive a notification message through Agarly platform with the said reservation (Request for Booking); accordingly a communication via the Agarly chat room shall be initiated.
8.2.2 (Request for Booking) is valid for only 24 hrs, if the Owner/Property Manager did not Respond, this request will be expired.
8.2.3 Upon Guest Request for booking, Guest approves that Agarly will Authorize his/her credit card for the first night fees.
8.2.4 Upon the Owner rejection of a booking request the above authorization will be voided.
8.2.5 Upon the Owner acceptance of a booking request the Guest approves to be deducted at least the first night fees from his credit card.
8.2.6 Upon concluding an agreement between the Guest and the owner, a copy of such agreed on terms shall be stored on Agarly platform and a confirmation mail shall be send to the Guest and the Owner, confirming on the:
184.108.40.206 Booking Scheduled Dates;
220.127.116.11 Agreed on Credentials as for example, families only, no pets allowed, WIFI connection etc.
18.104.22.168 (“Cancellation Standard Policies”) is the definite option stated by the Owners as the deadline for refundable cancellations described in the Cancellation Policy.
22.214.171.124 Amount of (“Accommodation Fee”) agreed on between the Guest and the Owner.
126.96.36.199 Payment transfer details.
8.2.7 You have the right make any modification to the concluded agreement; however such modification shall charge you an Extra Fee that you agree to be collected by Agarly Financial Center. Modification shall be informed to both the Owners and Guest for approval and confirmation.
8.3 Financial Terms for the Owners
8.3.1 Upon concluding an agreement with the Guest, Agarly shall collect the agreed on Accommodation Service Fee from the Guest and shall deduct the Owners Service Fee amounts charged by Agarly.
8.3.2 The Owners shall receive the Accommodation Service Fee payout amounts within 48 hours of the Guest’s scheduled check- In time, if the Guest did not make a claim within the 24 hours to apply Owners Penalties.
8.3.3 In certain circumstances, if the payment processors (banks) limit the value of each individual payout, Agarly shall have the right to transfer amounts over multiple days.
8.3.4 A confirmation email shall be sent to the Owner, as the Guest transfer the agreed on Accommodation Service Fee, to inform the Owners that the Guest have fulfilled his obligation and paid in advance his Accommodation Service Fee to Agarly Financial Center.
8.4 Financial Terms for the Guests
8.4.1 Upon concluding an agreement with the Owner, Agarly shall collect the Accommodation Service Fee from the Guest and shall add to the Guest Service Fee amounts charged by Agarly.
8.4.2 Owners shall charge the Guests an extra fee, the (“Security Deposit”) that shall be reimbursed by the Owners within 28 hours of the Guest’s scheduled departure time, if the Owners did not make a claim for applying Guest Penalties.
8.5 Cancellation Policy:
8.5.1 Agarly allows the Owner to choose from the Cancellation Standard Policies, which are (Flexible, Moderate, and Strict) that Agarly enforces to protect both Guest and Owner.
8.5.2 Each listing and reservation on Agarly will clearly state the Cancellation Policy.
Guests may review any penalties by viewing their (“Reservation Plans”) and then clicking ‘Cancel’ on the appropriate reservation.
8.5.3 An Owner will be able to see the number of reservations a Guest has canceled over the previous 12 months when the Guest submits a request to book.
8.5.4 According to article 8.7 the Extenuating Circumstances is an exception to any rules set within the Cancelation Policy, in which if any of such circumstance occur, Agarly shall investigate the matter to either accept the claim and refund the total amount of the Accommodation Service fee due to the Guest or reject the claim and apply Guest Penalties.
8.5.5 If an Owner cancels a confirmed Accommodation and the cancellation falls within the scope of the Extenuating Circumstances, Agarly Financial Center shall refund amounts due to the Members.
8.5.6 The Cancellation Policies shall apply according to any of the following standers chosen by the Owner:
188.8.131.52 Flexible Cancellation Policy - Full refund - 2 Two days prior to check in date:
- In such option the Owner gives the Guest a flexible option to pay the full accommodation fee 2 days prior to check in date.
- If the Guest did not paying the full stay 48 Hours prior to check in day (3:00 PM), the first night is non-refundable, & the reservation is cancelled.
- For a full refund of Accommodation Fees, cancellation must be made a full 48 hours prior to listing’s local check in day (3:00 PM).
- If the Guest cancels less than 48 hours before check-in, the whole stay is non-refundable.
48 Hours prior to Check in
Less Than 48 Hours prior to Check in
184.108.40.206 Moderate - Full refund- 7 Seven days prior to arrival:
- In such option the Owner gives the Guest a moderate option to pay the full accommodation fee 7 days prior to check in date.
- If the Guest did not pay the full stay 7 Days prior to check in day (3:00 PM), the first night is non-refundable, & the reservation is cancelled.
- Full refund of accommodation fees, cancellation must be made a full 7 Days prior to listing’s local check in day (3:00 PM).
- If the Guest cancels less than 7 Days before check-in, the whole stay is non-refundable.
|7 Days Prior to Check in
|| Less Than 7 Days prior to Check in
220.127.116.11 Strict - Full refund – 15 Fifteen days prior to arrival:
- In such option the Owner gives the Guest a strict option to pay the full accommodation fee 7 days prior to check in date.
- If the guest did not pay the full stay 15 Days prior to check in day (3:00 PM), the first Night is non-refundable, & the reservation is cancelled.
- Full refund of accommodation fees, cancellation must be made a full 15 Days prior to listing’s local check in day (3:00 PM).
- If the guest cancels less than 15 Days before check-in, the whole stay is non-refundable.
|15 Days Prior to Check in
|| Less Than 15 Days prior to Check in
8.5.7 The maximum number of Guest Cancelation on Agarly platform is 3 times annually, unless the guest obtained prior approval from Agarly.
8.6 Money Refund Claims
8.6.1 Members wishing to make claims regarding money refund right shall have to submit the claim to (Complains@Agarly) within 28 hours from the date of any issue that you find subject to penalties or money refund.
8.7 Extenuating Circumstances Policy
8.7.1 (“Extenuating Circumstances”) are the rare situations where Members may face circumstances that are beyond the Member’s control, which may impact the Member’s ability to fulfill the Accommodation obligations or cause such Member to send cancellation notice after the Cancellation Deadline. In such situations Agarly shall have the right to determine any of the following:
18.104.22.168 A Guest’s reason for cancellation falls within Agarly’s Extenuating Circumstances policy, and Agarly may override the Owner's Cancellation Deadline obligation and make refund decisions to the Guest.
22.214.171.124 An Owner’s reason for cancellation falls within Agarly’s Extenuating Circumstances policy, and Agarly may waive applicable Owners Penalties.
8.7.2 Extenuating Circumstances under Agarly includes, but not limited to:
126.96.36.199 Unexpected death or serious illness or serious injury of an Owner, Guest or immediate family member.
188.8.131.52 The occurrence of a Force Majeure event as described under the Egyptian law.
184.108.40.206 Severe property damage or unforeseen maintenance issues that directly impact the ability to rent the property.
220.127.116.11 Government or judicial mandated obligations issued after the time of booking.
8.7.3 In such event, Members claiming that the cancellation reason falls within the scope of Agarly Extenuating Circumstances they shall have to submit a formal detailed claim to (Complains@Agarly) that includes any sort of document (instrument) that proves or reinforces the said claim. Extenuating Circumstances claims shall be taken into considered only within 28 hours from the cancellation date.
8.7.4 You agree and acknowledge that we shall have the right to either consider the claim as a valid Extenuating Circumstance or to refuse the claim in our sole discretion. Agarly decision shall be final and binding.
9. DISCLAIMERS OF WARRANTIES
IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAWS OF THE ARAB REPUBLIC OF EGYPT. YOU ACKNOWLDGE THAT SOME OF OUR SERVICES MAY CARRY SAFETY RELATED RISKS AND/OR OTHERS RISKS AND YOU AGREE BY ACCEPTING TO USE OUR SERVICES YOU SOLELY AND VOLUNTARILY SHALL BEAR SUCH RISKS.
WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, MEMBERS COMPLIANCE WITH THE GOVERNING LAWS, MEMBER PROVIDED CONTENT AND CONDUCT, INCLUDING THE INFORMATION AND MATERIALS CONTAINED ON OUR PLATFORM, THIRD PARTIES CREDIBILITY AND COMPLIANCE WITH GOVERNING LAWS.
WE DO NOT REPRESENT OR WARRANT THAT:
1) OUR SERVICES WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS;
2) OUR SERVICES WILL BE UNINTERRUPTED FOR INTERNET REASONS OR OTHER, OUR SERVICES WILL BE TIMELY AND FULLY SECURE AND THAT DATA ON OUR SOFTWARE WILL BE IMMEDIATELY AND SURELY CORRECTED;
3) ANY INFORMATION THAT YOU SHALL OBTAIN THROUGH OUR SERVICES, ESPECIALLY INFORMATION PROVIDED BY MEMBERS AND THIRD PARTIES WILL BE ACCURATE OR RELIABLE;
4) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES AS PER THE ACCEPTED TERMS AND THE LAW;
IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK AND YOU ARE ONLY RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT OCCURS TO ANY YOUR DEVICES
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW.
THIS DISCLAIMER OF WARRANTIES SHALL SUPERSEDE AND PREVAIL ANY OTHER CLAIMED ORAL OR WRITTEN WARRANTIES PROVIDED BY AGARLY AT ALL TIMES.
10. LIMITS ON LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL AGARLY, OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO:
10.1 LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, RELATING TO THE USE OR INABILITY TO USE OUR SERVICES;
10.2 DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT;
10.3 DAMAGE PROGRAMS OR DEVICES
10.4 ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SERVICES OR THESE TERMS EXCEED THE SUM OF 10,000 EGP.
11.1 You shall defend, indemnify and hold harmless Agarly (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to (a) your use of our Services; (b) any Member content; (c) your violation of these Terms; (d) your violation of any rights of another third parties; or (e) your conduct in connection with the Services.
11.2 Further, if you are using the Services on behalf of any entity, you represent and warrant that such entity agrees to indemnify you and Agarly for violations of these Terms.
11.3 If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
12. APPLICABLE LAW
12.1 The present Terms shall be subject to the laws of the Arab Republic of Egypt.
13. DISPUTE RESOLUTION
13.1 Any dispute arising out of or in connection with the interpretation or the execution of these Terms shall be finally resolved by arbitration before and according to the rules of the Cairo Regional Center for International Commercial Arbitration by one arbitrator to be appointed in accordance with the rules in force at the said center on the date of filing the dispute.
14.1 Assignment. You may not assign any of your rights or obligations under these Terms without prior written consent from Agarly. Agarly may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
14.2 Entire Agreement. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter.
14.3 Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
14.4 Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
14.5 No joint venture, partnership, employment, or agency relationship exists between you and Agarly as a result of the agreements concluded under these Terms or your use of the Agarly platform.
14.6 Any notices or other communications to Members permitted or required under these Terms, will be in writing and given by Agarly via email or platform notification on (Complaints@Agarly.com).
14.7 These Terms do not and are not intended to confer any rights or remedies upon any person other than the Members.
14.8 You may receive a printed copy duly executed of the present terms from the Company’s premises by coming physically to our headquarters indicated above during business hours on business days pursuant to the laws of the Arab Republic of Egypt with a valid identification document indicating that you are of legal age to act pursuant to the laws of your country and containing your legal address.
You shall sign a copy of the Terms and shall receive an executed copy at the earliest possible time.
If you may have any comments, feedback or suggestions please contact us on INFO@Agarly.com
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