In short: HeimStay is the place where hosts and guests find each other. Hosts take care of their homes and listings, guests take care of their stay, and we keep the site running so you can connect. Each section starts in plain words; please read the full text too, since it is the actual agreement.
1. Welcome to HeimStay
HeimStay (heimstays.com) is an online marketplace. It is a friendly place where people who offer homes for short stays ("hosts") and people looking for a place to stay ("guests") can find each other and talk. These Terms of Service ("Terms") apply to everyone who uses HeimStay. By using the site, creating a listing or sending a booking request, you agree to these Terms. If you do not agree, please do not use HeimStay.
2. Our role: we connect hosts and guests
We bring hosts and guests together; the stay itself is arranged between the two of them. HeimStay is not a party to any rental agreement or any other agreement between a host and a guest. Any rental is a contract directly between the host and the guest.
HeimStay does not own, manage, operate, inspect, control or rent any property listed on the site. HeimStay is not a real-estate agent, property manager, hotel, travel agent or insurer.
HeimStay does not verify the identity of users or the truth of anything in a listing, a profile or a message, and does not guarantee the quality, safety, legality or suitability of any home, host or guest.
3. What hosts take care of
Hosts open their homes to guests, and we're grateful to every one of them. Each host is solely responsible for their listing and their home, including:
- the accuracy and completeness of the listing: photos, description, beds, amenities, prices, availability and house rules;
- the condition, cleanliness and safety of the property, including fire safety, smoke and carbon-monoxide detectors, pools, balconies and stairs;
- having the legal right to rent the home, and complying with all local laws, regulations, permits, licenses, zoning rules, building and HOA rules, and leases;
- all taxes on their rental income, including any occupancy, tourist or sales tax;
- carrying their own adequate insurance for the property and for hosting guests;
- any kashrus claims (for example a kosher kitchen, separate meat and dairy, or a hechsher). HeimStay makes no kashrus guarantee of any kind. Guests should ask the host and decide for themselves;
- any eruv, shul-distance, Chabad-distance or other Shabbos-related claims, which are the host's own statements and are not checked by HeimStay;
- the safety of guests during their stay, and answering guests promptly.
Hosts also agree to the HeimStay Host Standards at heimstays.com/standards.
4. What guests take care of
We want every guest to feel at home, and to treat the home with care. Each guest is responsible for their own conduct and for the conduct of everyone staying with them, for following the host's house rules and local laws, and for any damage to the property caused during their stay. Please read the listing carefully and ask the host about anything that matters to you (including kashrus, eruv and accessibility) before booking.
5. Bookings, payments and fees
Our fees are simple and fair. Listing a home on HeimStay is free. When a booking actually happens, the host pays a 3% commission on the booking price. There is no fee to the host when there is no booking.
Guests pay a 10% HeimStay service fee, added on top of the host's price and shown before they send a request.
Each booking request must be approved by the host. Cancellations, refunds and deposits are agreed between the host and the guest according to the listing. HeimStay may change its fees in the future; changes apply only to bookings made after the change is posted on the site.
To keep everyone protected, all bookings, payments and communication must go through HeimStay. Sharing contact details to book outside the site can lead to removal.
6. The site as it is (no warranties)
We work hard to keep HeimStay helpful and running smoothly, but we can't promise it will always be perfect. HeimStay is provided "as is" and "as available". To the maximum extent permitted by law, HeimStay disclaims all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or that the service will be uninterrupted or error-free.
7. Limits on our liability
Because we don't own or run the homes, our responsibility is limited. To the maximum extent permitted by law, HeimStay and its owners, operators, employees and agents are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, use or goodwill, or for any personal injury, illness, death or property damage, arising out of or related to any listing, home, stay, booking, host, guest, message or use of the site, whether based on contract, tort (including negligence), product liability or any other theory, even if advised of the possibility of such damages.
To the maximum extent permitted by law, HeimStay's total liability for any claim relating to the service is limited to the greater of (a) the HeimStay fees you paid in the 12 months before the claim arose, or (b) USD 100.
8. Protecting HeimStay (indemnity)
Each of us takes responsibility for our own part. You agree to defend, indemnify and hold harmless HeimStay and its owners, operators, employees and agents from any claims, losses, damages, liabilities, fines, costs and expenses (including reasonable legal fees) arising out of or related to your listing, your home, your stay, your conduct, your breach of these Terms or the Host Standards, or your violation of any law or the rights of any third party.
9. If something goes wrong between a host and a guest
Most stays go wonderfully, and we hope yours does too. Any dispute about a stay, a home, a payment between users, damage, injury or anything else arising from a rental is between the host and the guest. HeimStay may, at its sole discretion, try to help, but has no obligation to do so and is not responsible for the outcome.
10. Pausing or closing an account (suspension and termination)
To keep HeimStay a good place for everyone, HeimStay may suspend or remove any listing, or suspend or end any user's access, at any time and for any reason, including guest complaints, inaccurate listings, attempts to take bookings off the site, or a breach of these Terms. You may stop using HeimStay and ask us to remove your listing at any time.
11. Updates to these Terms
We may update these Terms from time to time. The updated Terms will be posted on this page with a new effective date. Continuing to use HeimStay after a change means you accept the updated Terms.
12. Governing law
These Terms are governed by the laws of [STATE/COUNTRY], without regard to its conflict-of-law rules. Any dispute with HeimStay will be resolved in the courts of [STATE/COUNTRY], unless the law where you live requires otherwise.
These Terms are also offered in Hebrew for your convenience. The English version is the binding version.
13. We're here to help
Questions about these Terms? We'd love to hear from you: hello@heimstays.com
Thank you for being part of HeimStay. We hope you enjoy your stay! 🏡