Terms and Conditions
Terms and Conditions
First: Overview
Homa is an application and website owned by Nafal Hospitality Reservations Company, registered under Commercial Registration No. (1009062641), a wholly Saudi-owned pioneer in hospitality reservations, licensed by the Ministry of Tourism for hospitality reservations category under License No. (73105219) dated 4/4/1446 AH, and licensed by the Real Estate General Authority for brokerage and marketing under FAL License No. (1200032570) dated 27/11/2024 AD.
The User may use the Homa platform for its intended purposes, in accordance with these Terms and Conditions, and in a manner that does not violate the laws and regulations in force in the Kingdom of Saudi Arabia and the provisions of Islamic Sharia.
Homa reserves its full right to modify, update, or alter any of the platform's contents or these Terms and Conditions at any time, provided that Users are notified of these amendments one week before they take effect. The User's continued use of the platform after any modifications constitutes explicit and binding acceptance of such modifications. Furthermore, the User is obligated to review these Terms and Conditions periodically and prior to every use of the platform.
Second: Definitions
The following words and expressions - wherever they appear in these Terms and Conditions - shall have the meanings assigned to them respectively, unless the context requires otherwise:
- Platform: The website or application belonging to Homa, which provides brokerage services in booking and renting hospitality units on a daily basis or as determined by the Host.
- Homa: Nafal Hospitality Reservations Company, referred to in these Terms and Conditions - according to the context - as the application, website, platform, or (Homa).
- User: Any natural or legal person who accesses or uses the Platform by any means, whether as a Guest, Host, or in any other capacity.
- Host: The owner of the hospitality unit or anyone with legal capacity to manage or rent it, who lists the hospitality unit and offers hosting services via the Platform.
- Guest: The natural person desiring to rent the hospitality unit and benefit from it and its hosting services, whether personally or via a legal representative, through the Platform.
- Hospitality Unit: Any real estate property or part thereof prepared for use or accommodation for a lawful purpose, including any facilities or hosting services specified by the Host in the listing, such as apartments, rooms, villas, chalets, or other residential units offered via the Platform.
- Host Listing: The advertisement published by the Host on the Platform displaying the hospitality unit and its hosting services for reservation.
- Reservation: The process through which a request is made to rent a hospitality unit via the Platform and its acceptance, alongside the payment of applicable fees as displayed and specified on the Platform.
- Brokerage: The service provided by the Platform aiming to connect the Host and the Guest and enable them to complete the Reservation, without being a party to the underlying contractual relationship arising between them.
Third: Nature of the Platform's Business
- The Platform operates as an electronic broker that allows Hosts to showcase hospitality units and enables Guests to browse, book, and pay for them via the Platform. Accordingly, Homa does not directly or indirectly own or manage any of the hospitality units listed on the Platform, nor their facilities or associated hosting services. It does not interfere in the management, operation, supervision of these units, or management of Hosts' listings. Homa's role is strictly limited to providing an electronic means of communication and transaction completion between the Guest and Host. All obligations and liabilities arising from the reservation, stay, or hosting services are the sole responsibility of the Host and the Guest, without any liability on Homa.
- The Platform is not a party to the contract concluded between the Host and the Guest, and bears no statutory, contractual, or tort liability for the execution or breach of mutual obligations between them.
Fourth: Terms of Using the Platform
- The User's access to, registration in, or use of the Platform, whether through the application or the website, is an explicit, final, and unconditional acceptance of these Terms and Conditions, and a commitment to act under them according to the laws and regulations applicable in the Kingdom of Saudi Arabia, the provisions of Islamic Sharia, and all updates or amendments made by Homa from time to time. This approval becomes effective from the date of the User's registration on the Platform and remains valid for the duration of the User's usage, during the reservation period, utilizing the hospitality unit, and thereafter. Suppose the User does not agree to any of these Terms and Conditions. In that case, they must immediately cease using the Platform and make no transactions or reservations through it. Homa reserves the right to amend or update these Terms and Conditions at any time per its requirements, provided the User is notified one week before they take effect. It is the User's responsibility to review them periodically, and their continued use post-amendment constitutes an explicit acceptance.
- These Terms and Conditions represent a binding statutory agreement governing the relationship between Homa and the Users while using the Platform. Homa has the right to add supplementary policies, terms, or conditions, whether incorporated herein or published randomly on independent pages, including - but not limited to - the Privacy Policy, Cancellation Policy, Complaints Policy, and payment terms. These policies are complementary to and an integral part of these Terms and Conditions, read and interpreted jointly. The User's acceptance of these conditions constitutes explicit approval of them all.
- The User acknowledges having full legal capacity mandated to use the Platform, making them responsible for agreeing to the Terms and Conditions instituted by Homa, creating listings for hospitality units, as well as booking and utilizing them. The User also acknowledges they have reached the age of adulthood, which is (18) Hijri years.
- The Guest acknowledges that making a reservation is in their personal capacity. If making a booking on behalf of someone else, they are obliged to do so by a valid legal power of attorney or official authorization. The Guest commits to acquainting that person with these Terms and Conditions and is fully responsible for any obligations or implications resulting from the reservation.
- The User acknowledges that maintaining the confidentiality of their account login data falls squarely on their shoulders, and Homa holds no liability for any unauthorized account use resulting from the User's negligence in maintaining data confidentiality.
- The User, whether a Host or Guest, acknowledges their use of the Platform or listing of hospitality units via it does not create a partnership, agency, employment, or legal representation relationship between them and Homa.
- The User acknowledges that Homa reserves its total right to block, ban, or suspend the use of the Platform, or suspend/cancel the account of any User at any time and without prior notice, when it deems necessary, including but not limited to: violation of these Terms and Conditions, or the laws applicable in the Kingdom of Saudi Arabia, without incurring any legal liability for Homa.
Fifth: Registration on the Platform
- Upon creating an account on the Platform, the User shall accurately and fully enter their personal data, including their name, National ID number, Residency (Iqama) number, or Passport number - as applicable - date of birth, email address, and mobile phone number into the designated fields.
- The Platform will send a verification code to the mobile number provided by the User to verify their identity.
- In all cases, the Platform assumes no liability for the authenticity, accuracy, or completeness of the User's data. The Platform's acceptance of such data or account activation does not constitute an acknowledgment of its accuracy or validity. Should the Platform discover data inaccuracy or mismatch with reality, it maintains the right to immediately suspend or cancel the User's account without the need for prior notice or approval, and without any ensuing responsibility on the Platform.
Sixth: Reservation Fees
- Reservation fees include: the rent payable to the Host, any fees for other services such as cleaning, the service fee payable to the Platform, and Value Added Tax (VAT) if applicable.
- All amounts are subject to the electronic invoicing regulations by the Zakat, Tax and Customs Authority instructions, additionally to all applicable taxes in the Kingdom of Saudi Arabia - if any - such as Value Added Tax.
- Payment Method: The available payment methods within the Platform (e.g., bank cards, electronic payment gateways).
Seventh: Rights and Obligations of Guests
- After the successful registration and account activation, the Guest is entitled to search for hospitality units listed on the Platform using numerous search criteria like property type, city, neighborhood, stay dates, in addition to filter tools such as price range, number of rooms/beds, number of guests, ratings, accessibility features, etc. Displayed search results hinge on alignment with specified criteria. Note that Homa does not guarantee the matching of search data and outcomes; thus, the Guest must carefully review the hospitality unit details and reservation conditions prior to completing the booking.
- The Guest is bound not to execute any fake or non-serious reservations. Homa possesses the right to cancel any pseudo-booking, originated from a single or multiple Guests, without beforehand notice and without bearing liability.
- When confirming the reservation, the Guest commits to paying the full reservation amount encompassing all extra service fees and taxes if any, like the Value Added Tax (VAT).
- Upon reservation completion, the Guest declares their full, binding acceptance of all reservation conditions set by the Host, including the hospitality unit's pricing, added fees like cleaning, check-in and check-out times, policies for early entry and late departure, cancellation, amendment, or no-show policies, plus any instructions imposed by the Host in the booking document like smoking bans, passenger limits, and additional services granted. Therefore, alongside these Terms and Conditions, the Host's policies govern the Guest-Host relationship. The Guest carries the responsibility to peruse them scrupulously before transaction completion; such rules are available essentially at the hospitality unit page under reservation rules and cancellation policy.
- The Guest is required to pay the insurance deposit for the hospitality unit via the Platform - if applicable. Should the Guest hand over the hospitality unit back to the Host properly, undamaged, in the slated time, the Host pledges returning the deposit post inspection. The Guest acknowledges waiving the deposit if damages generated by them are found, or failing to check out at the decreed time.
- Check-in Time and Handover: The check-in and utilization of the unit proceed uniformly with the schedule stated in the Host's listing. The Guest is disentitled to check-in prematurely without explicit consent from the Host.
- Handover Policy: The hospitality unit is exclusively delivered to the person listed in the booking document. The Host holds the right to refuse delivery to any unlisted individual. Besides, the Host checks Guest data via viewing identity documents (without storing copies), such as a National ID, Iqama, or Passport, along with the mobile number.
- Preserving the Hospitality Unit: The Guest must safeguard the unit, its contents, and attached services, and return them pristine as received. During the residency, they must not commit actions contrary to the laws of the Kingdom of Saudi Arabia, Islamic Sharia provisions, and public morals/norms. E.g., steering unlawful parties/gatherings, creating noise distressing neighbors, using the unit for illicit purposes, failing to preserve properties/furnishings, checking out with broken components, etc. If damages occur or Host's conditions are breached, the Host commands the right to request Guest data to initiate legal procedures. The Guest assents that Homa can supply their registered data to the Host upon request.
- Cleaning Services: The cleaning timetable and costs are predefined in the listing by the Host. If unfulfilled, standard cleaning fees are fully refunded to the Guest. The Guest perceives that Homa isn't accountable for the loss/damage of private belongings during cleaning services; ensuring their safety is the Guest's sole obligation.
- Guest's Lost Items: The Guest approves that the Platform renounces liability for any personal lost items. However, if found items are declared to the Platform by the Host, the Platform executes an alerts process preserving them for at least (30) days since the declaration. Should the Guest prove unreachable, the respective authorities get involved. If the set timeframe expires without the Guest claiming their belongings, the Platform declares itself absolved of liability concerning them.
Eighth: Modifying and Canceling a Reservation
- The ability to amend or overturn an existing reservation abides by the specific Host's policies per unit; some bookings might strictly be non-refundable/non-amendable. Hence, the Guest holds the onus of screening modification/cancellation and no-show policies located on the hospitality unit's page before committing to the booking. The Guest can—whenever viable—initiate an amendment or cancellation request via the "My Reservations" dashboard on the Platform tracing directions strictly or bypassing via interaction with the Homa customer care squad using authorized conduits.
- In scenarios presenting the availability of an amendment/cancelation, any refunded sums—if present—will be computed strictly referring to the Host's accredited policy. Returns navigate corresponding payment avenues executed via booking within a span nominated by the Platform or the payment service proxy.
- The
amendment/cancellation procedures—when empowered by the Host—conform to one of these formats as
portrayed within the listing:
- Firm Confirmation Policy: The Guest waives the privilege of reclaiming any booking sum post-confirmation.
- Fixed-Term Tolerance: The Guest may annul the booking and obtain a holistic reimbursement four days leading up to the residency start.
- Short Tolerance: The Guest may cancel a booking seizing full reimbursement dual days preceding the check-in.
- Late Toleration Scheme: Revisions/cancellations scoring total return carry legality until (11:59) PM descending prior to the check-in juncture.
Overall, the Guest professes understanding the varying nature spanning unit to unit on cancellation policies, thereby owning the chore of revising these dictations thoroughly before confirmation. Guest concurs that the Host's policies are comprehensively valid and binding, despite failure to access them for whatsoever reason, provided their availability existed at confirmation time.
Ninth: Compensation
- Notwithstanding the subsequent clauses, the User acknowledges and explicitly consents that Homa shoulders zero liability to yield compensation resulting from damages/losses branching out of non-performance or delay initiated by Host/Guest factors exclusive to Homa. The User exonerates Homa entirely from any compensation requests bar scenarios displaying severe negligence/fraud traceably sourced to Homa. Assuredly, compensation ceilings—if merited—unconditionally top at a (300) SAR threshold.
- Mindful of the
aforementioned dispensation, upon Homa's deliberation, the Guest grabs redress encompassing
an alternative mirroring standard unit without enduring surplus financial loads, or full remittance
retrieval immune to cuts stemming from the following arrays:
- The Host's refusal to administer the unit to the Guest void of judicially valid defense.
- Incidence of the unit lacking adequacy enforcing usability deficit, or stark deviation from sanitary norms prevailing conventionally.
- Severance in essential services (e.g., electricity, water) breaching a two-hour mark, enforced punitive closures commissioned by the Tourism Ministry/governmental agencies, eviction decrees enacted judicially, health/safety threat-induced vacuations, or an authentic inability restricting the Guest possessing a verified booking from entry.
- Pronounced disparity opposing listed services/fixtures portrayed and reality met; assessment hinges entirely on visuals/data tethered to the listing.
- Interlinked with the grievance scheme, verifying a qualifying anomaly triggers Guest eligibility providing they prompt the Platform not outlasting a single (1) hour window from access/utilization origin, coupled fundamentally with endorsing evidence (Photos/Videos). Inaction forfeits formally any redress claim.
- The Host vows Homa’s immunity shielding liability from indemnifying damaged assets; thus, the Guest unequivocally commits rendering rectification addressing physical/tangible damages prompted by them avoiding Homa involvement.
- Synchronized
with precedent stipulations, resolving compensation balances pushes Homa to prompt User
invoicing enclosing totals alongside deadlines/methods. Defaulter scenarios execute strictly:
- Hosts: Deducting sums natively navigating past/present/incoming dues. Actively placing the ad delegates unwavering power enabling this.
- Guests: Disabling operations pausing impending queries/bookings conclusively.
Furthermore, Homa exercises its right chasing errant actors executing compensation litigation observing systemic dictums functioning inside KSA perimeters.
Tenth: Host's Obligations
- The Host certifies legitimate property occupancy empowering systemic leasing/hosting rights, vouching immunity countering legal friction/barriers. Additionally, mapping conformity ensuring mandatory licensing (Tourism Ministry, Municipality, Civil Defense) remains vital/updated. Enclosing accurate details spanning visuals, sanitary checks, safety gear placement, and operational standards forms the Host's baseline requirement, incurring full-scale liability facing disparities.
- Obligatory data transparency spanning mapping/locating, pricing grids, checking timings, headcounts, extra charges, cancellation dictums shapes Host listing. Infusing fabricated material (Photos/data) imposes unilateral accountability resting on the Host’s shoulders alongside maintaining real-time record adjustments.
- Listing retirement kicks in sequentially halting services. Simulating dual-occupations simultaneously is radically banned.
- The Host pledges finalizing financial obligations mapping to Homa, surrendering non-retractable delegation permitting dynamic cuts extracting shares.
- Navigating identity screening matching Guests visually reviewing legitimate IDs omitting physical/digital saving maps the Host's assignment. Emergency harboring exceptions leverage governmental leeway; anyhow, accountability targets Hosts, preserving Homa’s technical position functioning operationally strictly.
- Professional etiquette spanning reception, swift responses, treating Guests gracefully navigating the duration optimally remains obligatory.
- Strict adherence steering sanitary norms across assets/staff operations stays enforced.
- Eviction attempts defying judicial processes aiming to oust entered Guests flagrantly violate systemic conventions.
- Unauthorized unit access bridging privacy barriers lacking Guest's affirmative green-light breaches protocols aside from coordinated systemic checks.
- Equipping the structure with mandatory safety arsenal (Extinguishers, smoke detectors, first aid sets, fire blankets) aligning seamlessly with authorized dictums creates unmissable baseline parameters.
- Immediate alarming bridging governing channels communicating emergent hazards striking personnel/assets translates to a binding commitment.
- Assuring staff neatness endorsing strict hygiene protocols acts as the Host's continuous burden.
- Guaranteeing flaw-free delivery encompassing pre-check-in cleaning/fixing maps explicitly ignoring active-maintenance durations listing possibilities.
- Sustaining utilities' pristine shaping ensuring zero visual/functional defects guarantees Host's operational validity.
- In instances embodying centralized complexes/resorts, relaying upcoming annoying/vocally disturbing maintenance procedures sufficiently ahead shapes the Host’s communicative mandate emphasizing timeline windows.
- Transerring properties completely primed empowering targeted functionality unhindered mapping standard/renewed cycles remains mandatory.
- Excluding systematic defenses, refusal bypassing unit handover operates illegally. Check-in/out scheduling mandates precise execution.
- Evidencing active permits visibly encapsulating mandated scopes inside the facility outlines a core requirement penalizing expired usages.
- Noticeably pinning instructions deciphering facility operations (Parking, waste layout, machine manuals, red lines, contacting info) guarantees unified understanding.
- Observing universal environmental/sanitary rules dictating aeration, furniture robustness, structural safety (Walls/Roofs) highlights mandatory maintenance scales.
- In scenarios displaying handover complexities/failing to enact listed operations, alternative providing matching parity steering clear from extra costs (Via self/external hosts) or enabling full repayment dictates conflict resolutions; the Host bears the resulting fiscal loads unilaterally.
- The Host admits that cases experiencing primary utilities downtime eclipsing two hours, enforcing systemic closures/vacations, addressing imminent safety risks, or preventing valid ticket holders from entry activates immediate per-night compensations plus remaining tenure, alternatively sourcing a mutually approved unit locally/externally navigating financial surpluses exclusively out of their pocket.
- Extracting financial claims bypassing Homa platforms counts strictly banned. Seeking external gratuities/bonuses outside ticketed boundaries translates similarly.
- Extraneous service pushing not anchored systemically represents violation territory. Moreover, side-tracking interactions/reservations omitting Homa channels strips off Homa’s liability canopy.
- Information privacy defending Guest records averting unapproved sharing dictates absolute priority merging with the systemic Data Protection frames.
- Relaying found items syncing with Homa/Guest arrays holding them minimum (30) days triggering liability drops if unclaimed shapes protocol. Defaulting signals jurisdictional handovers clearing Homa's plate.
- Integrating safety/health/security navigational protocols matching official guidelines cements the overarching Host promise ensuring execution.
- Shielding Guest welfare from (Fires, leaks, toxic nutrition integrations, assets depositing) forms the baseline defense grid operationally.
Eleventh: Disclaimer
- The Guest bears inspection burdens upon entry dispelling misinformation narratives, stamping functional/visual alignment tracing back to listings bar distinctively contradicting evidence sourced legally mapping these protocols.
- The User accepts Homa’s detachment from guaranteeing the Host’s property validity, legal friction clearance, or expiring permit applications.
- Homa evades disaster-stemming liabilities (Floods/Torrential rains...etc) alongside ignoring Host's negligence deploying safety grids (Extinguishers, blankets, detectors) or observing centralized sanitary measures. Disasters encompassing (Drowning, fire, collapse, electrical shorts) rest purely out of Homa's scope.
- Discharging Homa’s liability regarding user-to-user interactions physically/digitally encompasses friction resulting in physical, moral, or situational clashes regardless of operational boundaries. Staff behaviors sit similarly.
- Irregularities originating from Hosts encompassing forceful evictions bypassing courts/breaching privacy entries bypassing coordination triggers zero Homa accountability.
- Homa denies accountability tracing missing, stolen, or broken personal belongings irrespective of owner roles mapping to material, moral, or physical losses touching anyone.
- Homa denies responsibilities targeting Host negligence identifying Guests operationally ignoring legal mandates (No saving ID guidelines strictly observed).
- Requesting exterior payments, offering uncharted services, or operating off-radar reservations shifts liabilities permanently away from Homa.
- Technical/infrastructural glitches pausing services/inducing data damages sit separately highlighting User-centric security tasks (Antivirus) accepting that flawless connectivity stays impossible though attempted optimally locking the sole User remedy within service termination.
- Homa sidesteps penalty frameworks encapsulating fines/taxes drafted systemically penalizing users stemming from their individual actions navigating rules.
Twelfth: Intellectual Property, Copyright and Trademarks
- The Platform operates exclusively harboring personal utilizations bridging bookings. Assets distributed ranging from code bases, visuals, logos to textual layouts map systematically under Saudi legal fortifications avoiding IP breaches.
- Monikers tracing “Homa” integrating connected trademarks sit dominantly locked under Nafal’s wing. Disseminating, reproducing, altering, monetizing, transmitting components mapping partial or full dimensions mandate written, preliminary authorization.
- Monetizing, extracting, mapping Platform elements scaling commercial agendas is robustly prohibited. Infringements spanning linked associations map zero tolerance.
- Partner trademarks navigating the visual array connect purely acknowledging legitimate owners devoid of conferring usage licenses mandating exclusive clearance.
Thirteenth: Dispute Resolution and Jurisdiction
- Disputes branching out interpreting operations inside these paradigms route directly adhering uniformly to Saudi systemic layouts scaling interpretation/applications.
- Should anomalies strike, exclusive jurisdictional focus locks on courts presiding over Riyadh fundamentally omitting conflicting rules mapping broader associations.
Fourteenth: General and Final Provisions
- User Experience Rating: Once booking schedules expire, both actors hold evaluative rights mapping mutual experiences accurately avoiding discriminatory, vile, defamatory, or religiously clashing narratives aligning natively with Saudi legal scopes. Understandably, Homa refrains from moderating/verifying fact-checking operations projecting opinions purely encapsulating authors distinct from Homa’s corporate tone.
- Banning Off-Platform Dealings: Extending interactions/services circumventing Platform paths post-origin inception poses systemic violations stripping Homa from liability frameworks dragging actors into standalone judicial encounters.
- Illegitimate Interventions: Users confront strict prohibitions aiming infrastructural stresses/excessive load maneuvers impacting interfaces. Integrating malicious data, viruses, deep-linking segments, disabling routines targeting hardware shapes core violations.
- Illegal Maneuvers: Deploying acts encompassing altering structures, destroying data, hogging addresses, distributing unauthorized source parameters forming breaches traversing systemic protective arrays maps absolute exclusion policies.
- Financial Interventions: Tapping into bank mappings, routing users' financials, altering monetary dimensions translates explicitly into profound misconducts.
- Exploiting Core Matrices: Modifying, migrating, cloning services, mapping assets navigates permitted boundaries exclusively tied to systemic layouts omitting extraneous agendas.
- Navigating Systematic Violations: Deploying explicit, racist, harassing, morally deficient, criminality instigating content sits completely blocked alongside circulating unauthorized promotional arrays (Spam).
- Blackmail/Extortion: Enacting maneuvers threatening individuals compelling forced operational maneuvers/refusals or imitating identities outlines radical breaches.
- Usage Limits: User behavior remains locked operating within designated functional grids exclusively avoiding parallel utilizations.
- Statutory Liability: Engaging illicit behavior targeting exposing Homa towards legal friction rests purely punishing the individual operator assuming whole financial/legal consequences.
- Severability: If specific clauses emerge invalid judicially, residual constructs map operational retaining impact triggering modifications balancing optimal intentionalities seamlessly.
- Waiver Disclaimer: Homa’s delayed execution addressing anomalies fails equating automatic waivers paving rights deploying corrective agendas randomly over time.
- Transfer Constraints: Mapping obligations connecting third parties remains banned barring written nods from Homa. Opposingly, Homa dictates full liberty transferring operational rights discarding User confirmation needs.
- Notification Layouts: The User permits acquiring alerts mapping promotional drives, booking maps natively navigating via emails, SMS, platform chimes utilizing Homa directives.
- Sanctions Outline: Disobeying standard parameters
launches corrective steps unhindered
encompassing:
- A) Immediate removal neutralizing published elements voiding notice requirements.
- B) Issuing compliance warning letters.
- C) Enacting partial/full suspension banning utilization/listing.
- D) Voiding tied bookings/services automatically.
- E) Pushing anomalies crossing official jurisdictions aiming legal escalations.