1. TERMS AND DEFINITIONS:
1.1. SEAYA - Limited Liability Company "SEAYA", registered in the Republic of Azerbaijan under TIN 1806211371, with legal address at AZ1097, city of Baku, Sabunchinsky district, urban-type settlement Nardaran, Nardaran - Lyakhish road, house 32A;
1.2. Reservation - an electronic document containing the start and end dates of stay in the Property, details and sum of paid funds, a brief description of the Property and other conditions for the Guest's stay in the Property;
1.3. Property Owner - a natural or legal person who has the right to dispose of the Property;
1.4. Guest (you) - a natural or legal person who accepts these Rules and uses the Platform and Services in accordance with the Rules;
1.5. Additional services - services of Additional Service Providers;
Property - residential and recreational real estate registered in the state real estate register of the Republic of Azerbaijan and belonging to the right of disposal of Property Owners;
1.7. Total cost - the sum of the fee for living in the Property, Additional services and other fees indicated in the Announcement (if applicable), including all taxes and state fees applicable by the legislation of the Republic of Azerbaijan, excluding city tax;
1.8. Announcement - posting of the Property and information about living in it on the Platform;
1.9. Platform - SEAYA website or mobile application;
1.10. Additional Service Provider - a person who has been granted the right to provide Additional services to Guests in accordance with a separate agreement with SEAYA;
1.11. Rules - these SEAYA Service Usage Rules;
1.12. Services - services for booking and living in the Property, owned by the right of disposal by Property Owners, intending to post an Announcement on the Platform, and services of Additional Service Providers providing Additional services;
2. GENERAL PROVISIONS:
2.1. SEAYA, through the Platform, creates conditions for Guests to use the Services. These Rules define the use of the Platform and Services or access to them by the Guest, provided by SEAYA.
2.2. Your access to and use of the Services signify your agreement with these Rules, which establish contractual relations between you and SEAYA. If you do not agree with these Rules, you may not access or use the Services. These rules supersede any previous agreements or arrangements with you. SEAYA may immediately terminate these Rules or any Services, cease offering the Services in relation to you or generally, or deny access to the Services or any part thereof, at any time and for any reason.
2.3. Certain Services may be subject to additional conditions; such additional conditions will be agreed with you separately. Additional conditions take precedence over these Rules in case they conflict with them regarding the relevant Services.
2.4. SEAYA may from time to time amend the Rules relating to the Services provided. Amendments shall take effect after SEAYA publishes updated Rules with the amendments on the Platform. Your continued access to the Services or use of the Services after such publication constitutes your agreement with the amended Services.
2.5. Collection and use of your personal data in connection with the Services provided in the territory of the Republic of Azerbaijan are carried out in accordance with the Privacy Policy, posted on the Internet at: https://seaya.az/info/privacy-policy.
2.6. By agreeing to these Rules, you acknowledge that SEAYA does not provide property rental or usage services, does not function as a real estate broker or insurer, and that such accommodation services are provided by Property Owners who are not SEAYA or its affiliates. The relationship between you and the Property Owners regarding the right to live in the Property is regulated by the relevant contracts between you and the Property Owners, and SEAYA is not a party to such contracts.
3. REGISTRATION AND USE OF THE PLATFORM
3.1. You agree to ensure the accuracy, completeness, and timeliness of your Account information. If you are unable to ensure the accuracy, completeness, and timeliness of your Account information, including the presence of a valid payment method, this may result in you being unable to access the Services and use the Services.
3.2. You are responsible for all activity that occurs in your Account, including ensuring the confidentiality of login data (username and password). You are responsible for the actions taken through your Account and must immediately inform SEAYA if you have reason to believe that your account details have been lost or stolen, or in the case of unauthorized use of the Account.
3.3. All rights to the Platform (technology, content, trademarks, appearance, etc.) belong to SEAYA (or its licensors).
3.4. You are not permitted to track, copy, scrape/scan, download, reproduce, or otherwise use anything on the Platform for any commercial purposes without the written permission of SEAYA or its licensors.
3.5. SEAYA tracks each visit to the Platform and blocks all (and any automated system) suspected of any of the following:
3.5.1. sending an unjustified number of search queries;
3.5.2. using any device or software to collect price data or other information;
3.5.3. performing any actions that create a threat to the uninterrupted operation of the Platform.
4. SEARCH AND BOOKING OF PROPERTY:
4.1. The Guest independently identifies the appropriate Property and necessary Additional services with the corresponding date, location, and price through search and filtering via the Platform. Then the Guest places an order by paying the Total cost.
4.2. After paying the Total cost in accordance with Article 5.1 of the Rules, the Guest receives a Reservation confirmation.
4.3. Regardless of the date of Reservation, the Guest's right to stay in the Property begins at the Check-in time and ends at the Check-out time.
5. PAYMENT:
5.1. The Guest pays SEAYA the Total cost directly via the Platform.
5.2. The Guest declares his agreement with SEAYA and all types of banking or payment systems cooperating with it, to make settlements in accordance with these Rules.
5.3. SEAYA acts as an agent for receiving payments from Guests and transferring them to the Property Owner and the Service Provider. SEAYA may involve third parties in performing the activity specified in this article without obtaining your consent.
6. CHANGE AND CANCELLATION OF RESERVATION:
6.1. Guests are responsible for changing the Reservation, which they make independently on the Platform, and undertake to pay any additional compensation amounts, fees, and taxes associated with any change of Reservation.
6.3. A Reservation may be canceled (revoked) by the Guest unilaterally. If the Guest cancels the Reservation 48 hours before the Check-in time, the Guest has the right to a refund of all funds paid to SEAYA.
6.4. A Reservation may be canceled by SEAYA at any time unilaterally.
7. DAMAGE AND LIABILITY:
7.1. The Guest undertakes to leave the Property (including all components of the Property such as furniture, decorative items, etc.) in the same condition as at the time of check-in.
7.2. In case of causing direct or indirect material damage to SEAYA as a result of the Guest's actions contradicting these Rules or the legislation of the Republic of Azerbaijan, the Guest is responsible for this damage and undertakes to compensate the property owner for such damage in full, including reasonable legal and accounting expenses that are a consequence of such damage.
7.3. The Guest declares that the information provided to SEAYA in written, oral form, via the Internet and/or other electronic devices in connection with the Services, to which these Rules apply, is correct, complete, and up-to-date. The Guest is responsible for and undertakes to compensate SEAYA for all losses that may arise due to the incorrectness of this statement and/or incorrect provision of information (including sanctions and fines imposed by state bodies and courts).
7.4. The Guest must act in good faith, treat other people with respect and comply with the current legislation of the Republic of Azerbaijan. If the Guest uses the Services for the benefit of a minor or a minor accompanies the Guest, the latter must have the legal authority to act on behalf of the minor and his actions must not violate the legislation of the Republic of Azerbaijan.
7.5. The Guest is responsible for his own actions and inaction, as well as for the actions and inaction of the persons invited by the Guest and the persons to whom the Guest has given access to the Property.
7.6. SEAYA is not responsible for any indirect and / or direct losses arising from non-delivery or delay of notification messages, etc. due to the Guest providing false information (cases of incorrect and/or inactive contact numbers and email addresses stated by the Guest) or technical reasons (the line of the sent SMS number is not active, phone settings do not allow receiving SMS, transmission network problems, etc.). The Guest acknowledges and declares in advance that he will not make any claims or lawsuits against SEAYA and will not demand compensation in connection with this. The Guest accepts, declares, and confirms that he bears personal responsibility for damage caused to third parties and SEAYA during the use of the Services provided through the Platform.
7.7. SEAYA is not responsible for illegal actions committed by Guests on the Property (for example, gambling, the organization of drug dens and dens, theft, domestic noise, etc.). Guests bear full responsibility for these actions. Guests undertake to compensate the Property Owners for all damages they have suffered in connection with such actions by Guests.
8. FORCE MAJEURE:
8.1. If as a result of the action of circumstances of insurmountable force (force majeure) the Parties to the Rules cannot fulfill their obligations in accordance with the terms of the Rules, they are released from the corresponding responsibility, and the deadline for fulfilling such an obligation is extended for the duration of the force majeure event.
8.2. The term "force majeure" in these Rules covers natural disasters, epidemics, pandemics, explosions, fires, earthquakes, hurricanes, tsunamis, storms, wars, civil wars, military intervention by foreign states, revolutions, civil unrest, etc. Such circumstances also include the legal orders of the government, municipality, and other competent authorities of the Republic of Azerbaijan, which have a direct impact on the fulfillment of obligations under these Rules.
8.3. One Party is obliged to notify the other Party within ten (10) working days about the beginning and end of the force majeure circumstances delaying the performance of an obligation under these Rules. The Party that has not fulfilled this obligation loses its right to refer to the force majeure circumstance as the basis for non-performance of obligations established by the Rules.
8.4. If force majeure circumstances last more than one (1) month, any of the Parties may unilaterally terminate these Rules with written notice to the other Party.
8.5. Force majeure circumstances must be confirmed in writing by a competent state body of the Republic of Azerbaijan.
9. DISCLAIMERS
9.1. Services are provided on an "as is" and "as available" basis. SEAYA disclaims all warranties, direct or implied, not expressly stated in these Rules, including implied warranties of quality, fitness for a particular purpose, and non-infringement of intellectual property rights. In addition, SEAYA makes no representations, warranties, or guarantees regarding the reliability, timeliness, quality, suitability, or availability of the Services, or that the provision of the Services or operation of the Platform will be uninterrupted or faultless.
9.2. SEAYA is not responsible for indirect, incidental, unforeseen, actual, punitive, or consequential damages, including lost profit, lost data, bodily injury, or property damage, related to the relationship between you and the Property Owners.
9.3. In any case, SEAYA is only liable to you in case of causing you direct damage as a result of intent or gross negligence of SEAYA and agrees to compensate only for the documentarily confirmed losses which are a consequence of such damage.
9.4. This disclaimer does not imply limitation of liability or your rights that cannot be excluded in accordance with applicable law.
10. TRANSITIONAL PROVISIONS:
10.1 The volume of Services provided to the Guest in accordance with these Rules can be changed, expanded, reduced, or suspended by SEAYA at any time and unilaterally. The Guest acknowledges in advance and declares that he will not make any claims or lawsuits against SEAYA, and will not demand compensation in connection with this. Information about changes will be posted on the Platform website in any case, and the Guest is obliged to follow them on a regular basis and comply with the relevant requirements.
10.2. By accepting these Rules, you agree that SEAYA may send you by email all messages, payment information, terms, information that SEAYA is obliged to provide by law, deal with any complaints, and other information to your specified address. You also undertake to monitor the accuracy and timeliness of your contact information and bear responsibility for the negative consequences of non-fulfillment of this obligation on your part.
10.3. You acknowledge that SEAYA can transfer its rights and obligations under these Rules, to any natural or legal person without obtaining your consent. Such transfer of rights or obligations of SEAYA in no way will infringe your lawful (consumer) rights.
10.4. You cannot transfer or assign any of your rights or obligations under these Rules.
10.5. The application and interpretation of these Rules are carried out in accordance with the legislation of the Republic of Azerbaijan, and any disputes arising are resolved by the relevant courts of the Republic of Azerbaijan.
10.6. The Services and all rights set out in these Rules are and remain the property of SEAYA or its licensors. Neither these Rules nor your use of the Services transfer or grant you the right: (i) to the Services or related rights, except for the right to use the Services; or (ii) to use the trade name, logos, product or service names, trademarks, or marks of SEAYA or licensors of SEAYA, or to refer to them.
10.7. Non-performance by SEAYA of any right or provision of these Rules does not imply a waiver of the exercise of this right or provision in the future unless otherwise agreed by SEAYA in writing.
10.8. These Rules are considered accepted by you and enter into legal force within the framework of relations between you and SEAYA after booking on the Platform.