PREAMBLE
Your reservation and the accommodation agreement made with the Operator involving the Property (whether made by you directly with the Operator or via a third party such as a travel agent) will be subject to these Reservation Terms and Conditions and the House Rules as set out herein.
When you make your reservation, whether online or by telephone, you will be deemed to have read, understood and accepted these Reservation Terms and Conditions and the House Rules.
If you make your reservation via a travel agent, or other third party, then you might have a separate legal relationship with that party and the Operator shall have no liability for any acts or omissions of such party including their compliance or non-compliance with the RESERVATION PRIVACY POLICY as set forth in Section 9 below.
When you make your reservation, you will be also deemed to have read, understood and accepted the terms and conditions for using the Operator’s website (which shall mean www.deluxehomes.com and the related web pages accessible from it) and any relevant terms and conditions shall be deemed to be incorporated into your reservation and the accommodation agreement with the Operator.
1. DEFINITION OF TERMS
- Operator: Gua Gua holiday home LLC is a Dubai-based holiday home rental service, licensed under DET license no 734743;
- Property or Premises: The licensed holiday home designated in your reservation;
- Guest(s): Individual(s) or group(s) with a confirmed booking from the Operator for temporary accommodation;
- Visitors: Individuals who are visiting the property but are not registered to stay overnight unless they have a separate confirmed booking;
- DET: Department of Economy and Tourism of Dubai;
- VAT: 5% Value Added Tax set by the gorernment;
- Security Deposit: A sum of money held in reserve by the Operator or a third-party booking platform, such as Airbnb, to cover potential damages, losses, or additional charges incurred during a guest’s stay.
- TDF: Tourism Dirham Fee charged by DET.
2. RIGHTS OF PROPERTY USAGE
- Guests agree to rent the Property as specified on the Reservation Form. Any extension or rate adjustment requires prior written approval from the Operator.
- Guests are granted limited permission to use the Property solely for temporary accommodation purposes. This agreement is not to be considered a residential tenancy under Dubai’s residential tenancy laws.
- The Property may not be sublet, assigned, or used by anyone other than the Guests without prior written consent from the Operator.
- All Guests and Visitors under 19 must be accompanied by an adult during check-in and throughout their stay.
- Valid identification, such as Emirates ID or Passport, is required at check-in. The same may be requested at any time for identity verification.
- The credit/debit card used for booking must be presented at check-in for payment validation. Bookings made with an invalid card may be cancelled.
3. RESERVATION
Reservations and services are deemed confirmed and guaranteed only upon:
- Reservations are confirmed upon full payment of all charges including rent, security deposit, and applicable fees and taxes.
- A confirmation email will be sent by the Operator with details including the Booking/Reservation number.
4. SECURITY DEPOSIT, DAMAGES, CHARGES
Guests are primarily responsible for any damages to the Property or its contents caused intentionally or negligently by them, their Visitors, or pets. A security deposit will be collected to cover potential damages, missing items, penalties, or services rendered during the stay. If no security deposit is collected, Guests remain fully liable for costs incurred due to such issues.
- Deposits paid by card are refunded to the original card within 10 to 14 banking days, subject to processing times by banks.
- Security deposits paid in cash may be refunded in a different currency based on the current exchange rate.
- Damage Repair and Replacement: This includes costs to repair or replace damaged or missing items within the property, such as furniture, appliances, and fixtures. It also covers damage to external areas like balconies, terraces, backyards, patios, neighboring properties, and community common areas.
- Key and Access Device Replacement: Costs associated with replacing lost or damaged keys, access cards, or remote controls.
- Excessive Cleaning Fees: Charges for additional cleaning services required due to excessive dirt or waste within the property, including stains on carpets, sofas, furniture, walls, and appliances.
- Special Cleaning Charges: Fees for laundry services or special cleaning necessitated by prohibited activities like smoking inside the property or leaving a persistent bad odor.
- Penalties for Misconduct: Fees or penalties resulting from violations such as smoking inside the property, causing noise disturbances, neighbor disturbances, security breaches, or engaging in illegal or commercial activities. These penalties may be imposed by the Operator, community management, or local authorities such as Dubai Police, DED, DTCM, or other relevant bodies.
- Utility Charges: Fees incurred for utility usage that exceeds the pre-defined normal consumption rate of AED 850 per bedroom per month.
- Charges for Additional Services: Costs for additional services like video on demand, upgrades to internet/cable channels, or charges for mobile/international calls made using the property’s telecommunications facilities.
- Fines and Penalties by Authorities: Any fines or penalties levied by community management or governmental authorities for non-compliance with community guidelines or local regulations.
- Ordered Services or Items: Charges for any services or items ordered through the Operator during the stay.
- Early/Late Access Fees: Charges related to unauthorized early arrivals or late departures, including fees incurred due to delays or damages hindering the Operator’s staff during their regular operations. Additionally, such delays resulting in the need for another guest’s relocation or compensation may also incur charges.
If the collected Security Deposit amount is insufficient to cover any/all of incurred charges as mentioned above, the Guest shall immediately pay upon demand the remaining balance to the Operator to cover the shortfall.
5. RATES, CURRENCY & TAXES
- Value Added Tax (VAT): All final rent and service rates are subject to a 5% VAT.
- Tourism Dirham Fee (TDF): The TDF is applicable for the first 30 consecutive nights from the check-in date.
- Long-Term Stays: Each reservation is valid for a maximum of three months as per the DET regulations. Subsequent renewals will require a new reservation and the TDF will be applicable again.
- Currency and Exchange Rates: The default currency for transactions is the UAE Dirham (AED). If payment is made in a currency other than AED, the Operator will apply custom rates based on the current exchange rate. Please note, these rates are for reference only and the actual charge on your payment card may vary due to currency fluctuations. Additionally, any refunds will be subject to the exchange rate at the time of the refund, which may differ from the rate at the time of payment.
- International Transactions and Bank Fees: If payment is made via international wire transfer, the Guest is responsible for covering all associated bank fees at check-in, including any discrepancies due to bank processing fees or exchange rate differences.
6. CANCELLATION, CHANGES & REFUNDS
All rental payments, partial down-payments, reservation/booking and all other sort of service payments are non-refundable for any reason; all reservations are non-transferrable to any other party and non-amendable.
- In case of Cancellation, change request or no-show, a fee equivalent to the value of the entire stay will be levied by Operator.
- Security Deposit payment is fully refundable, subject to Reservation Terms.
- If the reservation is cancelled by the Operator for no valid reason then the entire amount will be refunded to the Guest with no other liabilities.
Neither the Operator nor the Guest will be liable for any change or cancellation of any reservation that is caused, in whole or in part, by events, occurrences, or causes beyond the control of either Party. Such events, occurrences, or causes include, without limitation, acts of God, terrorist activities, weather, strikes, lockouts, riots, acts of war, earthquake, volcanic activity, ash clouds, tsunamis, fire and explosions “Force Majeure”). Notwithstanding the foregoing, any failure, or delay in the performance of each party’s obligations arising out of or related to the COVID-19 or any other pandemics or natural disasters, except payment of rental fees or charges, shall be excused even if the same does not constitute a force majeure event.
7. PENALTIES AND EVICTION
Pursuant to applicable laws and regulations, the Operator reserves the right to forfeit the Security Deposit and to immediately evict the Guest and their Visitors from the Property upon the occurrence of any of the following breaches:
- Excessive noise, including loud music or parties, particularly between the hours of 10:00 PM and 8:00 AM.
- Trespassing or obstructing security barriers or gates, illegal parking, or using offensive language towards community or Operator’s staff.
- Smoking within the Property.
- Engaging in illegal activities, causing disturbances, damaging property, or unauthorized access to neighboring properties or community areas.
- Discovery of animal residue during post-checkout inspections, resulting in a mandatory cleaning charge of a minimum of AED 2500 for apartments and AED 5,000 for villas.
- Improper disposal of garbage.
- Verbal or physical abuse directed towards the Operator’s staff or Building/Community Staff.
- Any violation of Community Rules that results in a fine being imposed on the Operator.
8. LIABILITY AND IDEMNIFICATION
- The Guest agrees to indemnify and hold the Operator harmless against any liabilities, including but not limited to loss, theft, damage to personal belongings, or any harm, illness, or death that occurs to Guests or Visitors during their stay. Under no circumstances will the Operator be liable to refund any unused portion of booked accommodations or services.
- In the event of a catastrophe or any force majeure event such as hurricanes, tornadoes, earthquakes, floods, fires, or other uncontrollable circumstances that impair the rental property, the Operator is not responsible for securing alternative lodging or for any financial losses related to transportation or alternative accommodations. Consequently, there will be no refunds or credits issued for emergency evacuations or similar incidents.
9. RESERVATION PRIVACY POLICY
- The personal data (including copies of passport, valid IDs, and similar documents) you provide to the Operator directly or through this website in the course of the reservation process will be referred to in this Reservation Privacy Policy as the “Reservation Data”.
- The Guest understood that it is necessary for the Operator to process the Reservation Data so that your reservation with the Property can be fulfilled and to take all necessary steps that involves including amongst others, transmitting the Reservation Data to the building/community management where the Property is located and to the Department of Economy and Tourism of Dubai for registration purposes. Furthermore, as and whenever requested by CID/Dubai Police or other official authorities, the Guest understood that the Operator is legally bound to share such Reservation Data.
- On receipt of the Reservation Data, the Operator will become a data controller of the Reservation Data and will use it for all purposes necessary to fulfil your reservation including contacting you prior to your stay. The Operator will not use the Reservation Data for any purpose other than fulfilling your reservation and will need your specific consent to use it for any other purpose.
- Operator will only store the Reservation Data for as long as is necessary to fulfil your reservation. The Reservation Data will be destroyed, anonymized and/or deleted once your reservation has been fulfilled and all payment and administrative matters have been completed but in no case less than five (5) years from receipt thereof.
10. GOVERNING LAW AND JURISDICTION
These Reservation Terms and Conditions are governed by the laws of the emirate of Dubai and the UAE Federal Laws to the extent applicable to the said emirate. Any dispute shall be finally resolved within the exclusive jurisdiction of the regular courts in Dubai.
*These terms and conditions were last modified on 01/05/2024.DET