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 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.activeholidayhomes.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.
- DEFINITION OF TERMS
(i) Operator – shall mean the “Active Holiday Homes LLC”, a holiday homes rental operator based in Dubai;
(ii) Property or Premises – shall be understood to mean as the licensed holiday home Property (also referred to as vacation home) which the Operator rents out to the Guest, more particularly such Property as mentioned in the Reservation Form.
(iii) Guest or Guests – shall mean any individual or group of individuals who has a confirmed booking from the Operator for the temporary usage of the Property as their vacation home.
(iv) Visitors – shall mean 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.
- RIGHTS OF Property USAGE
– Guests hereby agree to rent the premises (“Property”) for the length and at the rate designated on Reservation Form. Any extension to the length of stay or adjustment to the rate shall require a prior written approval from the Operator.
– Guests are granted a limited permission to occupy the Property for temporary accommodation purposes and usage only. This Reservation Terms & Housing Rules shall, for all legal intent and purposes, NOT be construed as a residential tenancy agreement within the purview of Dubai residential tenancy legislation(s).
– Guests shall not assign or sublet or grant any license to use the Property or any part thereof to any other party without the prior written consent of the Operator.
– All Guests or Visitors below 19 years old must be accompanied by Adults during check-in and while at the Premises.
– Originals of an acceptable and valid identification documents (such as Emirates ID and/or Passport) shall be presented during the check-in procedure by all Guests and Visitors, else no entry will be granted. The same identification documents may also be requested from any Guest at any time while inside the Premises for proper identification purposes.
– Guests must be able to present the Credit/Debit card used for making the reservation online when checking in, for the payment to be accepted and validated. Property or services booked with an invalid Credit/Debit card are subject to immediate cancellation.
– Guest understood that in case of his/her or any of his/her Visitor’s failure to comply with any of the obligations as set out in these Reservation Terms & Housing Rules, he/she may be asked to immediately vacate the rented Property, and in such case, all payments already paid for the entire duration of stay in the Property shall be forfeited in favor of the Operator and Guest agree that no claim for refund shall be made.
– If you plan to travel with your pet, we recommend that you confirm directly with the Operator if the Property does allow pets. Operator accepts no responsibility for the pet policy at any Property. Specific pet policies may require a damage/cleaning deposit at the time of check-in which may be non-refundable.
- RESERVATION
Reservations and services are deemed confirmed and guaranteed only upon:
(a) receipt of all outstanding payments including rent, security deposit and all fees and taxes in full; and
(b) receipt of confirmation email sent by the Operator to the Guest with Booking/Reservation number and reservation details mentioned;
- SECURITY DEPOSIT & DAMAGES
– Guests shall be primarily liable for any damage to the Property or the Property’s furniture or equipment or to other Guest or their personal property caused intentionally or negligently by them or their Visitors or pets (if any). Liability for damage is determined in accordance with general damage liability principles.
– Guests are required to pay/provide, either in cash or via credit/debit card, a certain amount as determined by Operator, at the time of check-in to be used as a Security Deposit. The Security Deposit shall be returned to the Guest within 7-days after check-out or longer (in certain cases whenever the Operator requires additional time to find a missing or damaged replacement item).
– The Security Deposit may be deducted automatically without notice by Operator at its sole discretion in order to:
(a) repair, replace or clean anything that is damaged or missing or stained item by the Guest/ Visitors inside the Property or outside such as the balcony, terrace, backyard, patio and/or neighboring properties and to the Community/Common Areas;
(b) to replace all lost or damaged keys or access cards or remote controls;
(c) arrange additional cleaning for excessive dirt (i.e. stained carpets, sofas, furnitures, walls, appliances or any other excessive waste left in the Property);
(d) arrange laundry or special cleaning in case of smoking or leaving bad odor;
(e) arrange disinfection with licensed company if the Guest and/or Visitors were identified or suspected to had COVID;
(f) to pay against penalties such as for smoking inside the Property, making party/noise during quiet hours, disturbing the neighbor or their properties, trespassing the security gate, conducting illegal or commercial activities or other penalties as imposed by Operator, Community Management, Dubai Police, DED, DTCM or other governing authority;
(g) for excessive utility charges beyond normal consumption rates (normal consumption rates are calculated not to exceed AED 850 per bedroom per month in total and combined);
(h) for any video on demand, upgrade of the internet/cable channels and/or mobile/international calls made using Property’s internet/telephone line.
(i) pay for any fines and/or penalties imposed by the Community Management and/or governmental authorities for not following community and local rules & regulations.
(j) pay against any services/items that the Guest/Visitors ordered via Operator during their stay.
(k) pay for unauthorized early check-in or late check-out charges or unreasonable delays/damages caused to the Operator and its staff for completing their day-to-day tasks.
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.
- RATES, CURRENCY & TAXES
– Final rent and service rates are subject to 5% VAT (value added tax);
– Tourism Dirham Fee (TDF) will be calculated for the first 30 consecutive nights from the check-in date.
– For longerstay, each Reservation is valid for a maximum period of 3-months as per DTCM, after which it has to be renewed and TDF shall apply again for the new Reservation.
– Operator’s default currency is AED and should the guest pay using another currency then custom rates set out by the Operator shall apply. The price shown is based on today’s exchange rate. Any currency conversion is for guidance only. A foreign currency transaction may be charged by your card provider. A refund of a deposit or prepayment, if any, will be subject to the exchange rate applied by your payment card provider at the time of any such refund and may differ from the exchange rate applied at the time such deposit or prepayment was made.
– In case the Guest has wired money to the Operator’s bank account, Guest is responsible to cover upon check-in all bank fees such as missing amount due to bank processing or bank exchange rates.
- 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 these terms and conditions.
– 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 pandemic, except payment of rental fees or charges, shall be excused even if the same does not constitute a force majeure event.
- PENALTIES AND EVICTION
– In addition to any appropriate remedies as provided by applicable laws or regulations, the Operator shall have the right to either forfeit the Security Deposit or to immediately evict the Guest from the Property (due to repetition) in case of commission by the Guest or his/her Visitors of any of the following:
(a) Loud Music/Parties/unappropriated noise level after 10:00 PM (till 8am);
(b) Trespassing or Blocking security barrier/gate, illegal parking or swearing the Community or Operator’s staff;
(c) Smoking inside the Property;
(d) Illegal activities / disturbance, damage or illegal access or unauthorized access to/of the neighbour’s property/items/community;
(e) If residue of an animal is found during our inspection following checkout Guest will be assessed a minimum AED 2500 cleaning charge.
(f) Improper garbage disposal.
- LIABILITY WAIVER
– Guest agrees to indemnify and hold the Operator harmless for any liabilities including but not limited to loss, theft, damage to personal belongings OR injury, illness or sickness or death to Guests or Visitors. The Operator will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. If a catastrophe (hurricane, tornado, earthquake, flood, fire, or wind) or any situation beyond Operator’s control impairs the vacation rental, Operator is not responsible for finding alternate lodging for the Guest or for the Guest’s financial losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR EMERGENCY OR OTHER KIND OF EVACUATIONS.
– For such purposes it is advisable to have Travel Protection Insurance for all Guests. There will be no refunds or rebates given to Guest as a result of unfortunate circumstances outside of the Operator’s control. As such, Operator shall not be liable for unfavorable weather, acts of God, disruption of utility services, malfunction or breakdown of appliances, or other equipment(s) and services such as TV disruption of cable channels / internet / AC service / lights or restriction by government or community to use the pool / gym or other facilities; or for the time required to the contractors to fix/repair such issues. The Operator shall make repairs as expeditiously as possible after being notified by the Guest during standard working hours only (9:00am till 6:00pm) and subject to availability first.
- 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.
- 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.
Definitions:
Visitors – additional individual(s) invitees of the Guest who are visiting the Property, rather than staying overnight.
Property or Premises – is the licensed holiday home Property (also referred as vacation home or Premises) the Guest rents from the Operator.
*These terms and conditions were last modified on 06/03/2023.
Any person booking or pre-booking a stay in any of our properties, automatically agrees to the following legal terms:
- Reservation Terms & Conditions (this page)
- House Rules