Terms & Conditions | MyPerfectStay

Terms and Conditions

Last updated: March 2025

1. About MyPerfectStay

MyPerfectStay ("MPS", "we", "us", "our") is a digital marketplace that connects accommodation partners and their guests with third-party experience and activity providers. The MyPerfectStay platform, including the mobile application and website, is operated by CloudCops GmbH, registered in Germany. Commercial partnerships with accommodation providers, including partnership agreements, commission processing, and financial settlements, are managed by CloudCops Technology L.L.C, registered in Dubai, UAE. Both entities are referred to collectively as "MPS" throughout these terms. MPS is a technology platform only — we are not a tour operator, travel agent, or provider of any experience, tour, or activity listed on our platform.

2. Role of MPS

MPS acts solely as an intermediary between guests and third-party service providers ("Activity Providers"). We facilitate the discovery and booking of experiences through our platform. We do not own, operate, manage, or control any of the activities, tours, or experiences displayed on our platform. All experiences are provided directly by independent Activity Providers who are solely responsible for the delivery, quality, and safety of their services. MPS does not become a party to any contractual relationship entered into between guests and the Activity Providers. All contracts are concluded directly between the guest and the respective Activity Provider.

3. No Contractual Relationship

MPS is not a party to any contract concluded between the guest and the Activity Provider. Any agreement, obligation, or liability arising from a booking is formed exclusively between the guest and the respective Activity Provider. MPS merely facilitates the connection between both parties through its platform and assumes no contractual responsibility for the performance, delivery, or outcome of any experience or activity booked.

4. No Tour Operator Status

MPS is not a tour operator and does not function as one under any applicable jurisdiction, including under German, EU, or UAE law. We do not organize, conduct, or supervise any tours, activities, or experiences. We do not provide transportation, accommodation, guiding services, or any other component of the experiences listed on our platform. MPS does not fall within the scope of the EU Package Travel Directive (EU) 2015/2302 as we do not offer, sell, or arrange package travel or linked travel arrangements. Any references to "booking" or "reservation" on our platform refer exclusively to the facilitation of a transaction between the guest and the Activity Provider.

5. Payment Processing

MPS does not handle, hold, or process guest payments directly. All financial transactions related to bookings are processed through third-party payment processors and settled directly between the guest and the Activity Provider or through the applicable payment infrastructure. MPS does not hold client funds, does not operate as a financial institution, and does not accept or store cash payments of any kind. Commission payments to accommodation partners are calculated and distributed by CloudCops Technology L.L.C, Dubai, based on completed bookings in accordance with the applicable partnership agreement.

6. Liability and Responsibility

All liability arising from the provision of experiences, tours, and activities rests solely with the respective Activity Provider. This includes but is not limited to liability for personal injury, death, property damage, cancellation, delay, misrepresentation, quality of service, compliance with local laws and regulations, licensing, insurance, health and safety standards, and any other obligation related to the delivery of the experience. MPS shall not be held liable for any act, omission, negligence, misconduct, or breach of contract by any Activity Provider. MPS makes no warranties or representations regarding the safety, quality, legality, or suitability of any experience listed on the platform. This limitation of liability does not apply to damages caused by intentional misconduct or gross negligence by MPS, nor to liability for injury to life, body, or health, in accordance with German law (§§ 309 Nr. 7, 276 BGB).

7. Activity Provider Obligations

Each Activity Provider listed on the MPS platform is independently responsible for holding all necessary licenses, permits, and insurance required to operate in their jurisdiction. Activity Providers are responsible for the accuracy of their listings, including descriptions, pricing, availability, images, and any terms or conditions they impose. Activity Providers are solely responsible for compliance with all applicable local, national, and international laws and regulations, including EU consumer protection regulations where applicable.

8. Guest Responsibilities

Guests are responsible for reviewing the details, terms, and conditions of each experience before making a booking. Guests acknowledge that MPS is not the provider of any experience and that any contractual relationship arising from a booking exists between the guest and the Activity Provider. Guests are responsible for ensuring they meet any health, fitness, age, or other requirements specified by the Activity Provider.

9. Right of Withdrawal (EU Consumers)

In accordance with the EU Consumer Rights Directive (2011/83/EU) and German law (§§ 312g, 355 BGB), consumers may have a right of withdrawal for contracts concluded at a distance. However, pursuant to § 312g Abs. 2 Nr. 9 BGB, the right of withdrawal does not apply to contracts for the provision of services related to leisure activities if the contract provides for a specific date or period of performance. As bookings made through MPS are for experiences on specific dates, the right of withdrawal is generally excluded. Guests are advised to review the specific cancellation terms of each Activity Provider before completing a booking.

10. Cancellations and Refunds

Cancellation and refund policies are determined by each individual Activity Provider. MPS will facilitate communication between guests and Activity Providers regarding cancellations and refunds but is not responsible for enforcing or fulfilling any refund obligations. Any disputes regarding cancellations or refunds are between the guest and the Activity Provider. This does not affect any mandatory consumer rights under applicable EU or German law.

11. Accommodation Partner Role

Accommodation partners ("Partners") who integrate MPS into their guest journey do so as a value-added service to their guests. Partners are not tour operators by virtue of offering MPS to their guests. The commercial relationship between the Partner and MPS is governed by a separate partnership agreement entered into with CloudCops Technology L.L.C, Dubai. Partners receive commission on completed bookings facilitated through their branded MPS marketplace. Commission calculations, invoicing, and payouts are managed by CloudCops Technology L.L.C. Partners bear no liability for the experiences booked by their guests through the platform.

12. Intellectual Property

All content, design, technology, trademarks, and intellectual property associated with the MPS platform are the property of CloudCops GmbH and CloudCops Technology L.L.C respectively, unless otherwise stated. Activity Provider content, including descriptions and images, remains the property of the respective Activity Provider or their licensors.

13. Data and Privacy

MPS processes personal data in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the German Federal Data Protection Act (Bundesdatenschutzgesetz — BDSG), and applicable UAE data protection legislation including Federal Decree-Law No. 45 of 2021. CloudCops GmbH is the data controller for personal data collected through the app and website. Where personal data is shared with CloudCops Technology L.L.C for the purpose of commercial partnership operations and commission processing, appropriate data processing agreements are in place in accordance with GDPR Article 28. Guest data is used solely for the purpose of facilitating bookings and improving the platform experience. MPS does not sell personal data to third parties. Users have the right to access, rectify, erase, restrict processing of, and port their personal data, as well as the right to object to processing and to lodge a complaint with a supervisory authority. A full privacy policy is available separately within the app and on our website.

14. Limitation of Liability

To the maximum extent permitted by applicable law, MPS, its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of the platform or any experience booked through it. Our total aggregate liability shall not exceed the commission earned by MPS on the specific booking giving rise to the claim. This limitation does not apply to damages arising from intentional misconduct or gross negligence, or to liability for injury to life, body, or health (§§ 309 Nr. 7, 276 BGB).

15. Indemnification

Activity Providers agree to indemnify and hold harmless MPS, its officers, directors, employees, and affiliates from any claims, damages, losses, or expenses arising from their use of the platform, including any breach of these terms or violation of applicable law. This clause does not apply to consumers within the meaning of § 13 BGB.

16. Governing Law and Disputes

These terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany insofar as they relate to the use of the platform by guests. For consumers residing in the EU, mandatory consumer protection provisions of their country of residence shall apply where they provide a higher level of protection. For matters relating to commercial partnerships, commission processing, and financial settlements with accommodation partners, the laws of the United Arab Emirates shall apply as specified in the applicable partnership agreement. Any dispute arising from guest use of the platform shall be submitted to the competent courts of Germany. For consumers, the courts of their place of residence shall also have jurisdiction in accordance with applicable EU regulations. The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

17. Severability

Should any provision of these terms be or become invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely achieves the economic purpose of the invalid provision.

18. Modifications

MPS reserves the right to modify these terms at any time. Material changes will be communicated through the platform or via email. Continued use of the platform following any modification constitutes acceptance of the revised terms. For existing users, changes will take effect no earlier than 30 days after notification, unless a shorter period is required by law.