Welcome to Waves Holiday Homes

AGREEMENT TO TERMS

By using the Platform, you are accepting all the terms and conditions set forth in these Terms. If you do not agree to each and all of these terms and conditions please do not use the Platform and our Services. We reserve the right, at our discretion, to change and or modify these Terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms periodically for changes. We will display the effective date of these Terms at the top of this page.

THE PLATFORM AND THE SERVICES

The Platform and Services provide a home rental offering by Waves Holiday Homes whereby you may browse listings for homes (a "Home" or the "Homes") and book short term rentals of such Homes through the Platform. Waves Holiday Homes has relationships with local property management companies (individually, a "Property Management Company" and collectively, "Property Management Companies") who manage your booking, the Home, and provide support to you during your stay at a Home. Waves Holiday Homes does not own, lease or manage the Homes.

HOME LISTINGS

As the provider of the Waves Holiday Homes Platform, Waves Holiday Homes does not own, create, control, or manage any Home or Home listings. Property Management Companies are responsible for the Homes and the accuracy of their Home listings.

BOOKING PROCESS

You may book a Home through the Platform by following the booking process. All applicable fees, including the rental fee, security deposit (if any), guest fees and any applicable taxes unless otherwise specified (the "Booking Fees") will be provided to you prior to booking a Home. You agree to pay the Booking Fees, subject to your rights to cancellation, which shall be outlined in your reservation confirmation. For bookings that require a security deposit, the Property Management Company is responsible for collecting and refunding the security deposit at its sole discretion. Waves Holiday Homes assumes no responsibility or liability should a dispute arise between you and the Property Management Company regarding the collection or refund of a security deposit.You agree that Waves Holiday Homes may utilize third party service providers to facilitate the booking process including without limitation the processing of any payments. Payment processing shall be subject to such third party's terms of service, user agreement, and other policies, and Waves Holiday Homes is not responsible or liable for such payment processing services.In the case of multicurrency pricing, Waves Holiday Homes will disclose the applicable foreign currency exchange rate and any currency conversion fees and/or mark-up applicable to the transaction.

PROPERTY MANAGEMENT COMPANIES

When you book a Home through the Platform, a Property Management Company will manage your booking and provide additional support to you during your stay at the Home. In order to provide those services, your information (and that of your guests) will be shared with the relevant Property Management Company and, if necessary, with third parties who perform services for them, such as cooking, cleaning, maintenance, transportation and similar services. Each Property Management Company is independent from, and not affiliated with, Waves Holiday Homes . The collection, use and sharing of your information by the Property Management Companies will be governed by their privacy policies. To the extent that you enter into a rental agreement, contract or other agreement with a Property Management Company, you understand and acknowledge that Waves Holiday Homes is not (and will not become) a party to any of those agreements. You agree that you may be required to enter into separate terms, waivers, or other agreements in connection with your booking of a Home through the Platform. If you are booking a Home on behalf of additional guests, you agree that each additional guest is aware of these Terms and the terms of any rental agreement or other agreements that you enter into in order to book the Home. If any of your guests are minors, you agree that you have the authority to act on behalf of the minor(s).

PERSONAL LIABILITY WAIVER

In consideration for the opportunity and permission to participate in any recreational activity offered at a Home, you hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Waves Holiday Homes and the applicable Property Management Company and their affiliates, and each of their respective officers, agents, and employees ("Releasees") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that you may sustain, or that any of your property may sustain, while participating in any activity, REGARDLESS OF WHETHER THE LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES and regardless of whether the liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law. You understand that this Section will bind the members of your family and your heirs, assigns, and personal representatives.

PRIVACY

The collection, use, sharing and other actions we take with respect to your information is described in our Privacy Statement, which may be updated from time to time. When you agree to these Terms, you are also acknowledging the provisions in that Privacy Statement.

ELIGIBILITY

In order to use the Platform, you must be an individual who is at least 18 years old or a duly organized, validly existing business or other legal entity in good standing under the laws of the country in which you are established and able to enter into legally binding contracts. Some Property Management Companies may have additional requirements on the minimum age of the primary occupant (as noted on the Home description page).

VERIFICATION OF GUESTS

To ensure the security of the Platform and the Homes, for fraud prevention purposes, and compliance with applicable laws, Waves Holiday Homes may in its sole discretion and consistent with applicable laws request that you provide information to verify your identity, such as a driver's license or passport. In some jurisdictions Waves Holiday Homes or the Property Management Company is required by applicable law to collect such identity verification information and provide it to government authorities. Waves Holiday Homes or the Property Management Companies may perform additional background checks or obtain reports from public databases in order to verify your, or your guests' identities.

Waves Holiday Homes INFORMATION

The content and information displayed on the Platform are Waves Holiday Homes 's property and are collectively referred to as "Waves Holiday Homes Information". The downloading, reproduction, or retransmission of Waves Holiday Homes Information, other than for non-commercial individual use, is strictly prohibited.

AVAILABILITY OF THE PLATFORM AND SERVICE

The Platform is provided via the Internet and Waves Holiday Homes does not guarantee the continuous and uninterrupted availability of the Platform or the Services. The Platform may not be available as a result of maintenance, capacity limits or for any other reasons in Waves Holiday Homes 's sole discretion.

INTELLECTUAL PROPERTY

The Platform may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Waves Holiday Homes , our affiliates, and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Waves Holiday Homes , our affiliates, and/or other parties is granted to or conferred upon you.

ACCEPTABLE USE

You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Platform and/or the Services, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you are not authorized to use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy the Platform, the Services, or the Waves Holiday Homes Information contained therein, or any aspect of the Platform, the Services, or the Waves Holiday Homes Information, without the prior express consent from an authorized Waves Holiday Homes representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Platform). You further agree not to claim that such access is authorized. Furthermore, you agree that you will not use the Platform and/or the Services for any purpose that is illegal, unlawful, or prohibited by these Terms. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of the Platform and/or the Services in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program. You may not use the Platform and/or the Services in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to the Platform or use of the Services, including, without limitation, if you violate any of the provisions of these Terms.You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

ACCESS CODES

The Platform may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of the Platform ("Access Codes"). You are entirely responsible for maintaining the confidentiality of your Access Codes and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you wherever there is a reason including, for example, if you violate any part of these Terms.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, SERVICES AND Waves Holiday Homes INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT THE PLATFORM, SERVICES, HOMES, AND/OR Waves Holiday Homes INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING THE PLATFORM, SERVICES, AND/OR Waves Holiday Homes INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.To the maximum extent permitted by law, we, other members of our group of companies and third parties connected to us, including without limitation the Property Management Companies and their service providers and payment processors hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Platform or in connection with the use, inability to use, or results of the use of the Platform, the Services, any websites or mobile applications linked to the Platform and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and 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.THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.This limitation of liability does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.

INDEMNIFICATION

You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms by you ("Claim") and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.

YOUR CONTENT

With respect to all communications you make to us regarding Waves Holiday Homes Information including but not limited to feedback, questions, comments, suggestions and the like ("Your Content"), you grant us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable and sublicensable right to use, copy, display, reproduce, process, adapt, modify, publish, transmit, perform, display, distribute, and otherwise exploit Your Content, or any part thereof, for any purpose, in any format or medium now known or developed in the future in perpetuity. You agree that: (a) you shall have no right of confidentiality in Your Content and we shall have no obligation to protect Your Content from disclosure; and (b) we shall be free to use any ideas, concepts, know-how, content or techniques contained in Your Content for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. The above is limited only by our commitment and obligations pertaining to your personal information (for more information, please see our Privacy Statement).

TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS

Waves Holiday Homes Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Waves Holiday Homes assumes no responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Waves Holiday Homes reserves the right to make changes, corrections, cancellations and/or improvements to Waves Holiday Homes Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.

MAPS

Any use of the maps functionality on the Platform shall be governed by the Google Maps Platform Terms of Service. Waves Holiday Homes shall have no liability for your use of Google Maps or for any results, including driving directions, generated by Google Maps.

THIRD PARTY SITES

If you choose to leave the Platform via links to other third-party websites, including those of advertisers, these Terms and our Privacy Statement will no longer apply. We are not responsible for the terms of service or privacy policies of those third-party websites or the cookies or other tracking technologies they use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that we are not responsible for the availability of such third-party sites or resources, and that we do not endorse or are responsible or liable for any content, advertising, products, or other materials on or available from such third party sites or resources.Sometimes Waves Holiday Homes provides referrals to third-party websites solely for the convenience of its guests. Waves Holiday Homes makes no representations or endorsements concerning the safety, accuracy, quality, standards or fitness of the services provided by these third-parties. Waves Holiday Homes is not responsible or liable, either directly or indirectly, for any loss or damage that is sustained from your use of these third-party services. Please refer to the terms and conditions and privacy provisions of the third-party, which govern your transaction. Waves Holiday Homes is not responsible for any aspect of these third-party services, and you assume all risks associated with the services.

GOVERNING LAW

These Terms and all disputes, claims or controversies (collectively, “Disputes”) between you and Waves Holiday Homes  relating to these Terms, the Services, the Platform, or the Content, are governed by and shall be construed and enforced under the laws of United Arab Emirates, applicable to contracts executed and performed within United Arab Emirates. For all claims not subject to the arbitration clause, you specifically agree and submit to the jurisdiction of the Dubai courts and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Platform and the Services. You will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.