PREAMBLE:

The agreement the Guest enters into with the Company for reserving the Property, irrespective of whether the Guest directly engages with the Company or goes through a third party such as a travel agent, will be governed by the Reservation Terms and Conditions as well as the House Rules outlined herein.

By finalizing the reservation, whether it is done online or over the phone, the Guest implicitly affirms that they have read, comprehended, and accepted these Reservation Terms and Conditions, along with the House Rules.

In the event that the reservation is made through a travel agent or any other third party, the Guest establishes a distinct legal relationship with that entity. The Company is absolved of any responsibility for the actions or inactions of such parties, including their adherence or lack thereof to the RESERVATION PRIVACY POLICY, outlined in this Agreement.

DEFINITIONS:

In this Agreement

a. “Property” means the property stated above, which the Company rents out to the Guest

b. “Services” means the short-term rental management services covered by the fees;

c. “Availability Period” refers to the length of time during which the Property is open and can accommodate guests;

d. “Reservation Data” refers to the personal information (including copies of passports, valid IDs, and similar documentation) provided by the Guest(s) to the Company;

e. "DTCM" stands for Dubai’s Department of Tourism and Commerce Marketing;

f. "Visitors" means any individual or group of individuals, other than the Guest, who are visiting but are not permitted to stay overnight at the Property unless a separate confirmed booking is obtained.

g. “Guest” refers to an individual or a group of individuals who book the Property through one of the Homestay Websites, through a third party, or directly with the Company;

h. “Homestay Website” refers to the short-term rental platforms that are selected to list the Property including Booking.com, Airbnb, and any other websites as chosen by the Company;

i. "VAT" stands for Value Added Tax as imposed by Federal Tax Authority under the Federal Decree-Law No. (8) of 2017 and for which the rate is set to 5% rate;

j. "TDF" means Tourism Dirham Fee as set by DTCM as per Executive Council Resolution No. of 2014 approving the Tourism Dirham Fee in the Emirate of Dubai;

RESERVATION:

The Guest's booking will be considered confirmed solely when the Company has received all pending payments, encompassing rent, security deposit, and any applicable fees or taxes in their entirety.

a. The Guest hereby agrees to rent the premises (the Property) for the duration and at the rate specified on this agreement. Any extension to the length of stay or adjustment to the rate will require prior written approval from the Company and must be requested at least 15 days before the expiry of the ongoing reservation. The additional payment for the extension must be made in full by the Guest at least 10 days prior to the expiration of the ongoing reservation. Failure to complete the payment in this time-frame will result in an unconfirmed booking extension.

b. The Guest agrees to submit their valid documents (passport or/ and Emirates ID) at least 24 hours prior to check-in. The Guest understands that those documents will be shared with the community management, security and the Dubai Police via the DTCM portal. Only Guests who have provided their documents are eligible to check into the Apartment.

c. The Guest is granted limited permission to occupy the Property solely for temporary accommodation purposes. The Reservation Term Rules outlined in this agreement should NOT, under any context or intention, be interpreted as a residential tenancy agreement within the scope of Dubai residential tenancy legislation(s).

d. The Guest shall not assign, sublet, or grant any license to use the property or any part thereof to any other party without the Company's prior written consent.

e. The Guest shall not make any changes to the property and shall maintain all equipment available inside in good shape.

f. All Guests or visitors under 19 years old must be accompanied by Adults during check-in and throughout their stay at the premises.

g. During the check-in procedure, all Guests and visitors must present original, valid identification documents (such as Emirates ID and/or passport). Entry will be denied otherwise. The same identification documents may also be requested from any Guest at any time during their stay at the property for proper identification purposes.

h. The Guest and any of their visitors understand that if they fail to comply with any of the obligations set out in these Reservation Terms and Housing Rules, they may be asked to vacate the rented property immediately. In such an instance, all payments already made for the entire duration of stay at the property will be forfeited in favor of the Company and the Guest agrees that no claim for a refund will be made.

i. If the Guest plans to travel with a pet, it is required that they confirm directly with the Company whether or not the property allows pets. The Company assumes no responsibility for the pet policy at any property. Specific pet policies may require a damage/cleaning deposit at the time of checkin, which may be non-refundable.

j. The Property is listed for rental and, therefore, may be shown to one of the Company's clients during the Guest's stay. Every effort will be made to schedule the viewing at a convenient time and to not interrupt the Guest’s stay. Guest shall allow reasonable viewings between 11AM and 6PM along with a Company representative present.

k. Upon reserving the apartment, the Company hereby guarantees that the cost of all utility services, including but not limited to electricity, water, gas, and Internet, are comprehensively included in the quoted reservation price. As such, the Guest will not be held accountable for any additional utility expenses during their stay, unless specifically stipulated otherwise in separate provisions of this agreement.

SECURITY DEPOSIT:

Upon booking a property through our online platform, guests acknowledge and consent to tender, either in cash or via credit/debit card, a certain amount as determinded by the company before check-in to be held as a Security Deposit. This Security Deposit will be returned to the Guest within a period of 15 business days following check-out or longer in certain cases where the Company requires additional time to replace a missing or damaged item.

The Guests shall hold primary liability for any damage inflicted on the property, its furniture, equipment, or other guests, or their personal property, whether caused intentionally or through negligence by them, their visitors, or pets (if any). The liability for damage is assessed in accordance with standard principles of damage liability. The liability for damage that shall be deducted by the company from the security deposit is at the sole discretion of the Company and cannot be disputed by the Guest.

If the accumulated Security Deposit amount is inadequate to cover any or all of the incurred charges as mentioned above, the Guest shall be compelled to promptly pay the remaining balance to the Company to offset the shortfall.

The Company reserves the right to deduct from the Security Deposit without prior notice at its sole discretion in order to:

a. undertake repairs, replace or clean anything that is damaged, missing, or stained by the Guest/ Visitors within the Property or its surroundings such as the balcony, terrace, backyard, patio and/or neighboring properties, and the Community/Common Areas;

b. replace any lost or damaged keys, access cards, or remote controls;

c. arrange additional cleaning for excessive dirt (i.e., stained carpets, sofas, furniture, walls, appliances, or other excessive waste left in the Property);

d. arrange laundry or special cleaning in the event of smoking or the presence of unpleasant odors;

e. remit penalties for smoking inside the Property, creating excessive noise during quiet hours, disturbing the neighbors or their properties, breaching the security gate, conducting illegal or commercial activities or other penalties as imposed by the Company, Community Management, Dubai Police, DED, DTCM, or other governing authority;

f. pay for any video-on-demand services, or upgrade of the internet/cable channels;

g. offset any fines and/or penalties imposed by the Community Management and/or governmental authorities for non-compliance with community and local rules & regulations;

h. cover costs for any services/items ordered via the Company during the Guest/Visitor's stay;

i. remit charges for unauthorized early check-in or late check-out.

j. Security Deposit payment is fully refundable, subject to the terms and conditions outlined in this agreement.

FEES:

a. The Tourism Dirham Fee (TDF) will be computed for the initial 30 consecutive nights from the date of check-in (AED 10-15/ bedroom/ night) (https://www.dubaitourism.gov.ae/en/ legislative-news/dtcm-tourism-dirham-administrative-resolution-no-2-of-2020).

b. For stays exceeding the duration of one month, each Reservation is deemed valid for a maximum period of 3 months as per DTCM stipulations, after which it necessitates renewal, and TDF will again be applicable for the new Reservation.

c. The Company's prescribed currency is AED, and in instances where the Guest opts for payment in another currency, the custom rates established by the Company will be applicable. The displayed price is predicated on the prevailing exchange rate. Any currency conversion provided is purely indicative. The Guest's card provider may levy a foreign currency transaction fee. A refund of a deposit or prepayment, if any, will be subject to the exchange rate enforced by the Guest's payment card provider at the time of such refund and may deviate from the exchange rate applied at the time such deposit or prepayment was made.

d. In scenarios where the Guest has transferred money to the Company's bank account, the Guest is obligated to cover all bank fees, including any missing amount attributable to bank processing or bank exchange rates, upon check-in.

e. As an additional service the guest has an option to ask for housekeeping for AED 200-500 per request depending on the size of the Apartment.

f. The keys, building access cards and any parking transponder provided to the Guest (listed on Page 1 of this agreement) must be handed back to the Company on the date of the checkout. In case of a loss, the charges below will apply: (Apartment Key: AED 200 each, Access Card: AED 1,000 each, Parking Transponder: AED 1,000 each)

g. In case any towels provided by the Company to the Guest are found to be either damaged or missing upon check-out, the Guest agrees to pay a fee of AED 150 per towel.

CANCELLATIONS:

The Guest retains the right to cancel their reservation subsequent to its confirmation by the Company. A full refund shall be processed for cancellations occurring within a 48-hour window from booking, provided the check-in date is no less than 28 days away. Cancellations made at least 60 days prior to the check-in date will incur a 50% refund. However, cancellations made within a 60-day window of the check-in date, during the Guest's stay, or subsequent to the collection of the rent payment or security deposit, will not be eligible for any refund. For all reservations originating from Homestay Websites, any cancellation requests shall be made via the respective partner channel only.

In instances where the reserved accommodation becomes unoccupiable due to unforeseen circumstances not attributable to the Company or other unforeseen reasons, the Company reserves the right to provide an alternate accommodation of similar or superior characteristics, without necessitating any additional payment from the Guest. The Company's liability extends solely to the sum paid by the Guest to the Company for reservation of the Property and no further compensation shall be warranted. In the event the Company is unable to provide a suitable alternative accommodation, a full refund shall be granted to the Guest.

EVICTION AND PENALTIES:

Subject to the remedies provided under the applicable laws and regulations, the Company retains the right to either forfeit the Security Deposit or to promptly evict the Guest from the Property due to recurring offenses committed by the Guest or their Visitors. Such offenses include, but are not limited to:

a. Excessive noise, including the playing of loud music or hosting of parties, particularly between the hours of 10:00 PM and 8:00 AM;

b. Trespassing, obstructing security barriers or gates, unauthorized parking, or verbally abusing the community or Company’s staff;

c. Smoking within the confines of the Property;

d. Participation in illegal activities, causing a disturbance, inflicting damage upon or gaining unauthorized access to neighboring properties or communal areas;

e. Incorrect disposal of waste materials;

f. If evidence of an unauthorized pet is discovered during the Guest's stay, in addition to evicting the Guests from the Property, the Company reserves to right to impose a minimum cleaning fee of AED 2,500 on the Guest;

g. If the Tenant enagages directly with the Property Owner to negotiate rate discounts or bypass the Company for direct rental agreements without the Owner's consent, the Company reserves the right to terminate the Tenat's stay and request them to vacate the Unit immediately without any refund.

JURISDICTION AND APPLICABLE LAW

a. The laws of the Emirate of Dubai shall apply to and govern this Agreement.

b. Any disputes related to this Agreement, including questions about its validity, existence, or termination, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (DIFC). For disputes valued under 1,000,000 AED, the parties agree to resolve the matter exclusively through the Small Claims Tribunal at the DIFC Courts.

GENERAL

a. This service agreement constitutes the complete and exclusive agreement between the parties. Both parties recognize that any oral or written representations that are not included in this Agreement are not relied upon.

b. For the purposes of this Agreement, the term "including" shall be interpreted to mean"including, but not limited to."

c. Any notices given under this Agreement shall be sent by email to the following address, or to other addresses that the relevant party may periodically notify the other party of in accordance with this Clause: admin@ocleyhomes.com

CHECK-IN AND CHECK-OUT PROCESS:

The standard time for check-in is at 3:00 PM, and checkout occurs at 11:00 AM. It is imperative, barring any agreements made with the Company, that Guests respect the designated checkout time, as it is essential for our cleaning staff to perform their housekeeping responsibilities and prepare the property for the incoming guests. In cases of unauthorized late check-outs, or instances where the cleaning personnel cannot access the Property due to a delay caused by the Guest for any reason, the Guest will automatically incur a charge equivalent to the cost of a full night's stay.

The Property's furniture, fixtures, and equipment will be provided in a functional, undamaged state. In case of damage or loss of any such items, the Company reserves the right to charge the full repair or replacement cost against the pre-authorized security deposit amount. It is incumbent upon the Guest to verify the proper functioning condition of all furniture, fixtures, and equipment delivered by the Company. Failure to report any damages within 30 minutes from the time the Property's door is opened will be considered damage caused by the current Guest. In any event of dispute, the Company's decision is deemed final.

In instances where the Guest is not present at the Property, it is their responsibility to ensure all windows and doors are securely locked to maintain security and prevent damage from dust, rain, and water.

Should the Guest be absent from the Property for a consecutive period of more than 7 calendar days, they are required to notify the Company of such absence and permit the Company to perform regular inspections to prevent potential water leakages or other unforeseen incidents.

The Guest hereby acknowledges and agrees that upon check-out, any consumable items remaining in the apartment will be disposed of by the Company, at its sole discretion. Additionally, in the event that the Company identifies any item(s) deemed to be of significant value post Guest's check-out, the Company commits to exert a reasonable effort to secure and store such item(s) for a period not exceeding fourteen (14) days from the date of check-out. This provision is made in good faith and does not constitute an obligation or guarantee from the Company regarding the preservation of forgotten items. Furthermore, the Company is under no obligation to cover the costs associated with the retrieval, storage, or transport of such items. The Guest hereby absolves the Company of any responsibility or liability pertaining to items left behind post check out.

LIABILITY:

The Guest agrees to exonerate the Company from any liabilities, inclusive but not limited to, loss, theft, damage to personal belongings, or injury, illness, or death of Guests or Visitors. Under no circumstances, including substitutions or shortened stays, is the Company liable to refund any portion of the booked accommodations or services that remain unused. Should any natural disaster (such as a hurricane, tornado, earthquake, flood, fire, or windstorm) or any situation outside the Company's control compromise the vacation rental, the Company assumes no responsibility for finding alternative accommodation for the Guest or for any financial losses the Guest incurs relating to transportation or alternative accommodation. In the event of emergency or any other type of evacuations, NO REFUNDS OR CREDITS WILL BE ISSUED.

It is advisable that all Guests secure Travel Protection Insurance. The Company offers no refunds or rebates to Guests due to unfortunate circumstances that are beyond the control of the Company. Consequently, the Company is not liable for unfavorable weather conditions, acts of God, disruptions to utility services, malfunctions or breakdowns of appliances or other equipment and services such as TV disruption of cable channels/ Internet/AC service/ lights, or restrictions imposed by the government or the community on the use of the pool/ gym or other facilities; or for the time required by the contractors to fix/repair such issues. Upon being notified by the Guest during standard working hours only (9:00am till 6:00pm), the Company shall carry out repairs as swiftly as possible, subject to availability.

RESERVATION POLICY:

The Guest acknowledges that the Company needs to process the Reservation Data to fulfill the Guest's reservation at the Property and to execute all requisite steps, including but not limited to, transmitting the Reservation Data to the building/ community management where the Property is situated, as well as the Department of Economy and Tourism of Dubai for registration purposes. Moreover, when demanded by the Criminal Investigation Department/ Dubai Police or any other official authorities, the Guest acknowledges that the Company is legally obligated to share such Reservation Data.

Upon receipt of the Reservation Data, the Company will act as a data controller of the Reservation Data, using it for all necessary purposes related to fulfilling the Guest's reservation, which may include contacting the Guest prior to their stay. The Company will not use the Reservation Data for any purpose other than fulfilling the Guest's reservation, and explicit consent from the Guest will be required to use it for any other purposes. The Company will store the Reservation Data only for the duration necessary to fulfill the Guest's reservation. The Reservation Data will be destroyed, anonymized, and/or deleted once the reservation has been fulfilled and all payment and administrative matters have been resolved. However, this will not occur before a minimum period of five (5) years from the date of receipt of the Reservation Data.

HOUSE AND COMMUNITY RULES:

a. The Guest and their Visitors are obligated to acknowledge and respect that all of the Company’s Apartments are nestled within residential communities, designed with a primary orientation towards family living, rather than business or commercial pursuits. As such, the behavior of the Guest and their Visitors should reflect this family-friendly environment, adhering meticulously to the House Rules, Community Regulations, and protocols as delineated by security services.

b. It is the explicit responsibility of the Guest, and not the Company, to ensure full compliance with the governmental and housing restrictions and rules by all individuals present during their stay.

c. The Guest and their Visitors are required to exhibit appropriate respect towards the residential amenities and the security of the property. Any form of uncivil or inappropriate behavior is strictly prohibited.

d. Noise levels that could be considered disruptive or offensive to neighboring residents are expressly forbidden, particularly during the Guest's arrival and departure, and at any time during their stay, specifically between the hours of 10pm-8am. Noise will be deemed excessive if it can be distinctly heard by an adjacent neighbor within their residence, with all windows and doors securely closed.

e. The Guest and their Visitors are expressly prohibited from conducting any illegal or commercial activities within the property and its premises at any time during their occupancy.

f. The Guest assumes full responsibility for supervising any accompanying children in all areas of the property, including but not limited to the pool, gym, beach, sea, spa, balcony, terrace, backyard, bedrooms, and bathrooms, thereby ensuring the safety and well-being of these minors throughout their stay.

g. Should any disputes or complaints arise from neighbors, the Guest is required to notify the Company at their earliest convenience.

h. The Guest understands that all forms of parties and gatherings are strictly prohibited under the terms of this agreement.

i. The Guest is required to dispose of waste and recycling materials in accordance with the standard practices of the Unit and its encompassing building or community. Disposal should occur in the designated bins and areas. The Guest is explicitly prohibited from leaving rubbish in public or communal areas. The Guest must adhere to all relevant guidelines concerning garbage and recycling collection schedules, as well as any rules pertaining to waste minimization.

j. Parking for the Guest and their Visitors is restricted to designated areas only, and limited to the maximum number of vehicles as instructed by the Company.

k. Any alterations to the Unit by the Guest are expressly prohibited unless prior written approval has been obtained from the Unit owner.

l. Barbeques (BBQs) are strictly prohibited within any apartment, nor on its associated balconies or terraces. BBQs may only be conducted in designated areas, as provided and approved in advance by either the Company or Community Management.

m. The strict prohibition of smoking extends to all areas of the Unit. Smoking is permitted solely on the balcony, if available. Violation of this rule will result in forfeiture of the full rental amount and deposit.

n. Children under the age of 14 should be supervised in all recreational areas at all times.

o. The maximum permitted number of visitors is one adult and one child under the age of 14 per bedroom, with no more than six visitors in total, barring any exceptions granted by the building or residential community management and the Licensee. This regulation excludes domestic workers or security personnel. For each Unit, the maximum occupancy is two adults and two children under the age of 14 per master bedroom or studio, two adults and one child under 14 years of age per additional bedroom, and one person per domestic worker or guard room.

p. The Guest bears sole responsibility for the checking, storing, and collecting of their personal belongings and valuable items. The Company assumes no liability for forgotten or lost items. Visitor access to the Property is permissible only within the time frame of 8am to 10pm. Visitors are strictly prohibited from remaining in the Holiday Home between the hours of 12:00am midnight and 8:00am.

q. Visitor access to the Property is permissible only within the time frame of 8am to 10pm. Visitors are strictly prohibited from remaining in the Holiday Home between the hours of 12:00am midnight and 8:00am.

r. Visitor access to community facilities such as the pool, gym, or spa may be restricted or limited as per community rules and procedures.

s. In the event of an emergency relating to the Property, the designated contact is +971 4 585 6011 (mobile/whatsapp).

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