Last updated: 11 March 2021
For the purposes of these terms and conditions, the following terms shall have the meaning ascribed to them below:
| Account: | the online personal account of a User through which account a User can make a Booking or make use of the Services; |
| Booking: | the booking of a property by User through the Website according to the Booking Process applicable for the requested property; |
| Booking Process: | the applicable booking process as stated by Kingstay on the Website; |
| Kingstay: | all locations of Regiis B.V., a limited liability company registered under the laws of The Netherlands with its statutory seat in 's-Hertogenbosch, The Netherlands, registered with the Dutch Chamber of Commerce under number 76043665; |
| Services: | the additional services and goods offered by Kingstay to its residents on the Website, Personal Account and Kingstay Store (excluding the booking and renting of a property); |
| Terms: | these terms and conditions as amended or supplemented from time to time; |
| User: | a (potential) resident of Kingstay using the Booking and Services that Kingstay provides; |
| Website: | the website kingstay.nl; |
| 2.1 | These Terms apply to the Booking and Services offered by Kingstay on the Website, Account and Kingstay Store. For the avoidance of doubt, these Terms shall not apply to the renting of a property by User. |
| 2.2 | By registering online on the Website and by creating an Account, User confirms to have read and accept these Terms and consent with these Terms. |
| 2.3 | If any clause in these Terms is invalid, void or voidable, this shall have no effect on the remainder of these Terms. |
| 2.4 | Any deviation of these Terms is only valid after written agreement between User and Kingstay. |
| 2.5 | Kingstay may amend the Terms from time to time. Amendments will be effective upon the posting of Kingstay of such updated Terms at this location (Website). The continued access or use of a Booking or the Services after such posting constitutes the User’s consent to be bound by the Terms, as amended. |
| 3.1 | In order to make a Booking or use the Services, User must first register itself as a premium member and create an Account on the Website by filling in an online registration form on the Website. User must first read and consent to these Terms and accept these Terms before sending the online registration form. A User must be at least 18 years of age to create an Account. |
| 3.2 | The Account registration requires the User to submit certain personal information to Kingstay, such as the User’s name, address, mobile phone number and email address. |
| 3.3 | User agrees to fill in the online registration form complete, accurate and based on the truth and to maintain the information in the Account accurate, complete and up-to-date. Failure to do so, may result in the inability of the User to access the Account, make a Booking and/or use the Services or the termination of these Terms by Kingstay. |
| 3.4 | The Account is personal and the User is not allowed to let third parties use the Account. User is responsible for all activity that occurs under the Account, and User agrees to maintain the security and secrecy of the Account login codes at all times. Unless agreed otherwise between User and Kingstay, User may only possess one Account. |
| 3.5 | Kingstay shall not be liable in any way, if User loses or forgets its login codes and Kingstay shall not be responsible if any unauthorized third person or party uses these login codes, notwithstanding the security measures of Kingstay as stated in Section 7. |
| 3.6 | Creating an Account does not guarantee the User a property. |
| 4.1 | Kingstay shall charge the User for registration of the Account, the Booking and the Services. The applicable charges are inclusive of applicable taxes where required by law. Kingstay may amend the charges from time to time. The acceptable payment methods are iDeal, Mastercard and VISA. |
| 4.2 | Registration Fee User will be charged a one-time registration fee of EUR 26.50 in order to register and activate the Account. The registration fee does not guarantee the User a property. This registration fee is not refundable in any event. |
| 4.3 | Booking Fee User must pay a booking fee in order to successfully complete a Booking. This booking fee serves as a confirmation that the User agrees with the property booked. The booking fee is €200 and is an advance payment of the deposit. The booking fee will be deducted from the applicable deposit. The User has to pay the remaining deposit after signing the contract. If a Booking is declined or cancelled by Kingstay in accordance with Section 6.5 or Section 6.6, the applicable booking fee will be refunded to User in full. If a Booking is declined or cancelled by Kingstay in accordance with Section 6.7, the applicable booking fee will not be refunded to User. If a Booking is cancelled by User, the applicable booking fee will be refunded in accordance with the cancellation policy of Kingstay as stated in Section 6. |
| 4.4 | Charges for Services User will owe Kingstay the charges for Services used by User. The applicable charges for each Services are indicated in the Account and/or Kingstay Store. Charges paid by User are final and non-refundable, unless otherwise determined by Kingstay. All charges are due immediately and payment will be facilitated by one of the acceptable payment methods (iDeal, Mastercard or VISA). User can only make use of the Services after the applicable charges have been paid by User to Kingstay, after which User shall receive a receipt in the Account. |
| 5.1 | The User shall make the Booking according to the Booking Process. |
| 5.2 | The User can only make a Booking for one property and only under its own name. Failure to do so, may result in the inability of the User to access the Account, make a Booking and/or use the Services or the termination of these Terms by Kingstay without refund of the applicable registration fee and booking fee. |
| 5.3 | After the requested property is assigned to the User according to the Booking Process and the booking fee has been paid and Kingstay has approved the Booking, the requested property will be reserved in the name of the User. |
| 5.4 | User will receive a confirmation of the Booking by email. |
| 5.5 | Kingstay, at its sole discretion, has the right to deny a Booking. Kingstay shall notify the User as soon as possible in the event a Booking has been declined. |
| 5.6 | If the requested property is no longer available, Kingstay has the right to decline and cancel the Booking. |
| 5.7 | After the User has received the confirmation of the Booking, an email request will be sent to the User to upload all needed documents and information in order to create the tenancy agreement. These documents and information can be uploaded digitally through the Account. Once these documents have been verified and approved by Kingstay, User will receive the tenancy agreement. |
| 5.8 | User is not allowed to use any automatic tools, such as second or third party tools or external scripts, to make a Booking and User agrees to make the Booking without any use of such tools. Failure to do so, shall result in the inability of the User to access the Account, make a Booking and/or use the Services or the termination of these Terms by Kingstay without refund of the applicable registration fee and booking fee. |
| 5.9 | Kingstay may at any time decide to change and amend the Booking Process. The Booking Process as it is stated by Kingstay on the Website shall apply. |
| 6.1 | User may cancel the Booking in the Account in accordance with the cancellation policy as set out in this section. |
| 6.2 | Kingstay may decline and cancel the Booking in accordance with the cancellation policy as set out in this section. |
| 6.3 | If a Booking is cancelled by User within 48 hours after the requested property is assigned to the User according to the Booking Process, the booking fee will be refunded by Kingstay minus EUR 35,-- administration fee. |
| 6.4 | A booking fee shall not be refunded by Kingstay, if User cancels the Booking after these 48 hours. |
| 6.5 | Before User has received a booking confirmation, Kingstay may at any time decline a Booking. Kingstay shall notify User as soon as possible if a Booking is declined. |
| 6.6 | After User has received a booking confirmation and before User has received a tenancy agreement, Kingstay may at any time cancel the Booking, based on a valid reason (e.g. no availability of the requested property, User does not meet the financial requirements). Kingstay shall notify User as soon as possible if a Booking is cancelled. |
| 6.7 | In the event a Booking has been made by using automatic tools, as stipulated in Section 5.8, Kingstay may at any time decline or cancel such a Booking. |
| 6.8 | If a Booking has been declined or cancelled by Kingstay in accordance with Section 6.5 or Section 6.6, the applicable booking fee will be refunded to User in full. If a Booking has been declined or cancelled by Kingstay in accordance with Section 6.7, the applicable booking fee will not be refunded to User. |
| 6.9 | If User books a Student Only property that clearly states the requirement for being a student, but the User does not meet that requirement, Kingstay reserves the right to decline and cancel the Booking, in which case the applicable booking fee shall not be refunded by Kingstay to User. |
| 7.1 | Kingstay shall collect and use the personal data of User in accordance with Kingstay’s privacy statement located at the Website at https://kingstay.nl/privacy-policy. |
| 7.2 | Kingstay shall take all necessary measures to protect the Website against risks of unauthorized access to, loss or any other form of unlawful use by any unauthorized third party of the personal data that User has registered on the Website. |
| 8.1 | All of the intellectual property rights on the Website, including the software, logos, trademarks, images, content and information is the property of Kingstay or the property of its partners or licensors. |
| 8.2 | Neither these Terms nor the use of the Services convey or grant to the User any rights to remove, use, exploit or reference in any manner Kingstay’s company name, logos, product and service names, trademarks or any other intellectual property rights of Kingstay or those of its partners or licensors. |
| 8.3 | User is not permitted to remove, use, exploit or reference in any manner Kingstay’s company name, logos, product and service names, trademarks or any other intellectual property rights of Kingstay or those of its partners or licensors. |
| 9.1 | Both User and Kingstay may terminate a Service at any time with notice to the other. For User, a one month notice period shall apply. For Kingstay a three-month notice period shall apply. |
| 9.2 | On termination, User loses the right to access or use the Services. Unused Services shall be refunded by Kingstay and Services already used or deemed to have already begun will not be eligible for any refund by Kingstay. |
| 9.3 | In the event the User defaults in the performance of any obligation under or in connection with these Terms or any law or regulation, Kingstay has the right to block the Account and to terminate the Booking or Services with immediate effect. |
| 9.4 | Kingstay shall notify the User by email if the Account has been blocked or a Booking or Services has been terminated in accordance with Section 9.3 above, and Booking fees or charges for Services already paid by User, will not be refunded by Kingstay. |
| 10.1 | To the extent allowed under law, Kingstay and its affiliates:
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| 10.2 | The Website is used by User at its own risk. User acknowledges and agrees that Kingstay is not responsible nor liable for any damages to a User’s (mobile) device or computer system or the (mobile) device or computer system of any third party that result from the use of the Website and that Kingstay is not responsible nor liable for any failure of the Website to store, transfer or delete a file or for the corruption or loss of any data, information or content contained in a file. |
| 10.3 | The Website may contain links to other websites. Kingstay cannot control these other external website, nor can it accept any responsibility or liability of the content of these websites. Kingstay cannot be held liable for the content of these other websites and Kingstay encourages User to evaluate the security and trustworthiness of these sites and to read the privacy statements of these websites. |
| 11.1 | User will defend, indemnify and hold harmless Kingstay, including its employees and affiliates, from and against any claims, incidents, liabilities, procedures, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with User’s access to or use of the Website, Booking, Services or User’s violation of these Terms, including any third-party claims. However, this limitation of liability does not intend to exclude the liability of Kingstay for the intentional and/or deliberate recklessness of Kingstay and its subordinates. |
| 11.2 | In no event will Kingstay be liable to User or to any third party for any damages arising out the use of the Website, Booking or Services, whether based on warranty, contract or any other legal theory and whether or not Kingstay has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. |
| 11.3 | Kingstay will not accept any liability for damages as a result of an attributable failure in the performance to provide the Booking or Services or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Website, Booking or Services and/or the impossibility of using it insofar as this is allowed under mandatory law. |
| 11.4 | In the event Kingstay is liable for damage under mandatory law, Kingstay’s aggregate liability to the User will in no event exceed three hundred euro (EUR 300) per incident. |
| 11.5 | The limitations of liability in these Terms do not purport to limit liability or alter the User’s rights as a consumer that cannot be excluded under the applicable law. |
| 12.1 | In the case of force majeure, Kingstay shall not be bound to fulfil its obligations under or in connection with these Terms and the Booking and the Services. |
| 12.2 | In the event of force majeure, Kingstay cannot be held liable to pay for any harm or loss incurred as a result. |
| 12.3 | Force majeure includes among others, staff illness, threat of war, civil unrest, labour strikes or sit-ins, water damage, acts of war, fire, flood, acts undertaken by government or general outages of gas, electricity, water or internet or any other event beyond Kingstay’s control. |
| 13.1 | Complaints regarding the Booking or Services should be sent by User in writing to Kingstay and immediately after discovering the cause of the complaint. Complaints should be sent by email to service@regiis.nl. |
| 13.2 | If a complaint is deemed to be well founded, Kingstay will, if and to the extent it is in its power to do so, attempt to eliminate the cause of the complaint as quickly as possible. |
| 14.1 | These Terms, and any contractual and or non-contractual rights and obligations arising out of or in connection with it, shall be solely governed by and construed in accordance with the law of The Netherlands. |
| 14.2 | Any dispute between User and Kingstay with respect to any subject matter relating to these Terms, shall be brought before the competent court in ’s- Hertogenbosch, unless stipulated otherwise by mandatory Dutch or international laws. |
In case of any questions, User can contact Kingstay by email to service@regiis.nl or by phone at +31 85 07 77 840.
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