By using our Services, you are agreeing to these Terms and Conditions, Refund Policy; Privacy Policy and United Arab Emirates laws and regulations including, but not limited to Dubai Corporation of Tourism & Commerce Marketing accompanied by Decree No. (41) of 2013 Regulating the Activity of Leasing out Holiday Homes in the Emirate of Dubai. Please read them carefully.
1. Introductory information
1.1 Whether having the bookings made through our website or with third party`s assistance, and our and your rights and obligations in relation to such bookings, are governed by these Terms and Conditions.
1.2 You will be gently asked to give your express agreement to these Terms and Conditions before you make a reservation on a platform which gives access to our portfolio and services.
1.3 This document does not detour, foil or diminish whatsoever any statutory rights you may have as a consumer.
2. Interpretation
2.1 In these Terms and Conditions: (a) “we” means Driven Holiday Homes (Trade License 730186) (and “us” and “our” should be construed accordingly); (b) “you” or “guest” means our estimable customer and/or prospective customer under these Terms and Conditions (and “your” should be construed accordingly); (c) “contract” or “booking contract” or “booking” or “reservation” means a booking in respect of booking/reserving a property for short term stay purpose in the Emirate of Dubai only, which may be made by you under these Terms and Conditions; and (d) “force majeure event” means an event that is, or a series of related events that are, beyond our reasonable control.
3. Order process/Reservation
3.1 The advertising of bookings on our website or through any other online platforms and third party providers constitutes an “invitation to treat” rather than a booking contractual offer.
3.2 No booking contract will come into force between you and us unless and until we accept your reservation/booking in accordance with the procedure set out in this Section-3.4.
3.3 To make a booking through our website or through any other online platforms and third party providers, the following steps must be taken:
– you must book an apartment by clicking on an appropriate button or an alternative tool enabling you to move forward with your reservation in relation to the relevant property;
– you will be transferred to our payment service provider’s secure website, and our payment service provider will handle your payment;
– we or the party providers you may have chosen will send you an initial acknowledgement via email then;
– and, finally, we or the party providers you may have chosen will either email you a booking confirmation or we will confirm by email that we are unable to meet your order.
3.4 Your booking will be considered legally binding only (a) upon us receiving from you full amount of your booking before check-in date and (b) upon you receiving from us confirmation by email, confirming that your booking has been done regardless the number of days prior to the check-in date.
3.5 You will have the opportunity to identify and correct input errors prior to making your order by calling us or sending us an email.
4. Prices
4.1 Please note that you will be required to present your original payment card at the time of check-in to provide confirmation of authorised card use or to secure any additional charges.
4.2 We will, according to the market, business and currency conditions and etc, from time to time change the prices quoted on our website, nevertheless this will not affect booking contracts that have previously come into force.
4.3 All amounts stated in these Terms and Conditions or on our website are by default stated in AED and are:
4.3.1 exclusive of Dubai Tourism Fee, which is always paid separately and is calculated at AED 10 or 15 per room per night rate generally, depending on the classification of the property.
4.3.2 exclusive of excess housekeeping fees and transportation (unless such services are available and requested from us separately).
4.3.3 exclusive of any travel, health, wealth, business, damage, theft or any other Insurance(s) at all times.
5. Payments
5.1 You will be legally entitled to pay the applicable prices for your bookings during the checkout procedure.
5.2 Payments may be made by PayPal or Credit Cards, Cash/local cheques/bank transfer (wherever applicable) and all payments are subject to clearance at the receiver’s bank account first, before a booking is considered approved/confirmed and before any check-in can be made.
5.3 Mandatory Security Deposit must be paid according to the amount mentioned on the Property page upon check-in date.
6. Variation of booking
6.1 If you would like to change your booking in any way, we would be happy being contacted by you to design a personalised alternative matching with your updated requirements. We reserve the right, according to the current market situation, units’ availability and any other factual situation which may prevent or enable us from assisting you with such changes, to accept or reject any changes you may request.
6.2 Nevertheless, please bear in mind that, considering any atypical or force majeure situation, we may adjust your booking by giving to you written notice of the change at least 3 days before the check-in.
7. Cancellation of bookings by us
7.1 We may cancel a booking under these Terms and Conditions:
(a) At least 14 days before the check-in in respect of which that booking contract was made begins; and
(b) We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent and/or any eventual clarification you have been asked for was not properly responded and/or fulfilled according to our Know Your Client Policy and Anti-Money Laundry Policy. In such circumstances we will be forced to cancel your booking with no liability whatsoever other than the refundability rules. In the event that your booking is cancelled by us (and the reason is not termination due to breach of contract by you), a full refund will be made of all monies previously paid to us to the person/s who originally paid for the booking (minus any amount already consumed/used against your stay/use and minus any admin charges/penalties that may apply).
7.2 We will give you written notice of any booking contract cancellation under this Section-7.
8. Cancellation of bookings by you, and Refund Policy
8.1 Any rights you may have under this Section-8 are additional to your statutory and consumer rights and obeying the United Arab Emirates laws and regulations including, but not limited to Dubai Corporation of Tourism & Commerce Marketing accompanied by Decree No. (41) of 2013 Regulating the Activity of Leasing out Holiday Homes in the Emirate of Dubai.
8.2 You are entitled to cancel, shorten or change a booking by giving a prior written notification of such cancellation, shortening and/or postponement:
(a) at least 30 days before the check-in date, in which case you will be entitled to a 100 % refund of the price paid under that booking contract plus the administrative fee;
(b) at least 15 days before the check-in date, in which case you will be charged 50% of the price paid under that booking contract plus administrative fee and the remaining will be refunded to you;
(c) for any cancellation occurring 15 days or less before the check-in date (or for no-show), you will be charged 100% (full/total amount) of the booking contract amount and no refund will be made to you;
(d) If you want to cancel or change your booking the payment card fee (processing fee) charged at the time of booking and any booking fees will not be refundable.
8.3 In order to cancel or change a booking contract under this Section-8, you must send us written notice to dhh@drivenproperties..ae.
8.4 All the refunds of any transaction’s amount against any purchase through Driven Holiday Homes website would be refunded to the original mode of payment only and/or according to what is agreed in written without prejudice to you paying the respective fees, banking costs, currency exchange fees and whatever is added to the cost of such transaction.
9. Events beyond our control
9.1 These include but are not limited to: unusual, unforeseeable or unavoidable events beyond our control, the consequences of which could not have been avoided even if all due care has been exercised including but not limited to war, threat of war, riot, civil disobedience or strife, government actions or sanctions, terrorist activity, natural or industrial disaster, fire, adverse weather conditions, level of water in rivers or floods, closure of airports and may also include industrial dispute involving third parties, technical or maintenance problems or unforeseen operational decisions of air carriers such as changes of schedule or any failure in the information technology infrastructure (including but not limited to our website) or failure in internet connections. Except where otherwise expressly stated in these booking conditions we regret that we cannot accept liability or pay any compensation where the performance of our booking contractual obligations is prevented or affected by reason of such events beyond our control.
10. Warranties and representations
10.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding booking contracts;
(b) you have full authority, power and capacity to agree to these Terms and Conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
10.2 We warrant to you that any services we may supply to you under these Terms and Conditions or in connection with a booking will be supplied and rendered with all reasonable care and provide by our skilful team.
10.3 All of our warranties and representations relating to bookings are set out in these Terms and Conditions. To the maximum extent permitted by applicable law and subject to Section-11.1, all other warranties and representations are expressly excluded.
11. Limitations and exclusions of liability
11.1 Nothing in these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and any statutory rights you may have as a consumer will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.
11.2 The limitations and exclusions of liability set out in this Section-11 and elsewhere in these Terms and Conditions:
(a) are subject to Section-11.1; and
(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in booking contract, in tort (including negligence) and for breach of statutory duty.
11.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, booking contracts, commercial opportunities or goodwill.
11.5 Our aggregate liability to you in respect of a booking contract under these Terms and Conditions shall not exceed the greater of: (a) the total amount paid and payable to us under that booking contract.
12. Force majeure
12.1 If a force majeure event gives rise to a failure or delay in us performing any obligation under these Terms and Conditions, that obligation will be suspended for the duration of the force majeure event.
12.2 If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing any obligation under these Terms and Conditions, we shall: (a) promptly notify you; and (b) inform you of the period for which it is estimated that such failure or delay will continue].
12.3 If the performance of our obligations under these Terms and Conditions is affected by a force majeure event, we shall take reasonable steps to mitigate the effects of the force majeure event.
13. Variation
13.1 We may revise these Terms and Conditions from time to time by publishing a new version on our website and/or wherever it is required to do so in order to comply with the United Arab Emirates laws and regulations including, but not limited to Dubai Corporation of Tourism & Commerce Marketing accompanied by Decree No. (41) of 2013 Regulating the Activity of Leasing out Holiday Homes in the Emirate of Dubai.
13.2 A revision of these Terms and Conditions, according to the market, business and currency conditions and etc, will apply to booking contracts entered into at any time following the time of the revision, nevertheless will not affect booking contracts made before the time of the revision.
14. Assignment
14.1 You hereby agree that we may assign, transfer, sub-booking contract or otherwise deal with our rights and/or obligations under these Terms and Conditions − providing that such action does not serve to reduce the guarantees or standards benefiting you under these Terms and Conditions.
14.2 Due to safety and security reasons and considering it is a service which requires the beneficial party to be identified, you may not without our prior written consent assign, transfer, sub-booking contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.
15. No waivers
15.1 No breach of any provision of a booking contract under these Terms and Conditions will be considered null, void or waived except with the express written consent of the party not in breach.
15.2 No waiver of any breach of any provision of a booking contract under these Terms and Conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that booking contract.
16. Severability
16.1 If a provision of a booking contract under these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of a booking contract under these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 A booking contract under these Terms and Conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a booking contract under these Terms and Conditions is not subject to the consent of any third party unless such third party has been enrolled in the deal by the you and us or its enrolment was part of the deal.
18. Entire agreement
18.1 Subject to Section-11.1, these Terms and Conditions, together with the Booking Form and Reservation Contract signed by you and by us before/upon check-in, shall constitute the entire agreement between you and us in relation to bookings made through our website, and shall supersede all previous agreements between you and us in relation to such bookings.
19. Law and jurisdiction
19.1 A booking contract under these Terms and Conditions shall be governed by and construed in accordance with Dubai Laws, and regulated by Department of Tourism and Commerce Marketing.
19.2 Any disputes relating to a booking contract under these Terms and Conditions shall be subject to the exclusive jurisdiction of Dubai Courts.
20. Statutory and regulatory disclosures
20.1 We will not file a copy of these Terms and Conditions specifically in relation to each user or customer and, if we update these Terms and Conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these Terms and Conditions for future reference.
20.2 These Terms and Conditions are available in the English language only.
21. Statutory and regulatory disclosures
21.1 United Arab of Emirates is our company’s official country of domicile.
21.3 We accept online payments using Visa, MasterCard and Union Pay credit/debit card in AED only. Any conversions into AED pricing are calculated based on our own conversion rates solely. If “Credit Card Online / PayPal” is selected as the payment methods then the details on the Customers ID (Card holders ID) should exactly match that of the credit card used to make the purchase.
21.4. In case of any disputes the law applicable would be based on the UAE Governing Law.
22. Our details
22.1 This website is owned and operated by Driven Hoiday Homes Rental LLC.
22.2 We are registered in Dubai and our registered office is in Bay Square Building 13 Office 205, PO Box 500030, Dubai, UAE.
22.3 You can contact us by writing to the business address given above, using Contact Us form or by using our website contact form, by email to dhh@drivenproperties.ae or by telephone on +971 528654208.
*These Terms and Conditions were last modified in July 2019.
