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Cancellations and Refunds

If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, eLands will cancel any pre-authorization to your credit card If, as a Guest, you wish to cancel a confirmed booking made via the Site, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site.

If a Host cancels a confirmed booking made via the Site after Accepting the Booking Request, (i) eLands will refund  the Reservation Booking Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from eLands containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay eLands the Reservation Booking Fees relating to the confirmed booking for the Accommodation in the alternative listing, in accordance with these Terms.

If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from eLands, please contact eLands at www.eLands.co/customer-support

 

 

Travel Issue

 A “Travel Issue” means any one of the following:
(a) the Host of the Accommodation (i) cancels a reservation shortly before the scheduled start of the reservation, or (ii) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g., by providing the keys and/or a security code).
(b) the description of the Accommodation in the listing on the Site is materially inaccurate with respect to:
(i) the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),
(ii) whether the reservation for the Accommodation is for a private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the reservation,
(iii) special amenities or features represented in the listing description are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or
(iv) the physical location of the Accommodation (proximity).
(c) at the start of the tenant’s reservation, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in eLands’ judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed on the listing.

 

Conditions to Claim a Travel Issue

Only a tenant may submit a claim for a Travel Issue. If you are a tenant, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:


(a) you must bring the Travel Issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue.
(b) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence).
(c) you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.

 

The Tenant Refund Policy

 If you are a tenant and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by eLands in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your reservation which in our determination is reasonably comparable to the Accommodation described in your original reservation in terms of size, rooms, features and quality. All determinations of eLands with respect to the tenant Refund Policy, including without limitation the size of any refund, shall be final and binding on the Tenant and Hosts.

 

 

Tenant Refund Policy Terms

These terms and conditions govern the eLands Guest Refund Policy (the “Guest Refund Policy”) available to Guests who book and pay for an Accommodation listed by a Host through the eLands platform (the "Site") and suffer a Travel Issue and the obligations of the Host associated with the Guest Refund Policy.

The Tenant Refund Policy is there to ensure and give tenants some peace of mind. The Tenant Refund Policy reinforces that:

  • All rental spaces meet the minimum quality standards which are: safety, sanitation, access,

  • The rental description reflects the rental space itself.

  • If a lessor cancels a booking after the booking deposit was processed. eLands gives an option to tenants to transfer the Booking Reservation on another space or receive a full refund of their deposit.

If the tenant makes a claim because of quality standards, he or she needs to do so within 24 hrs from the check in time and must provide eLands with evidence such as photographs or videos. It is requested also for those tenants to respond and comply with the eLands Help and Safety team requests for information and cooperation.

Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest

If you are a Host, you are responsible for ensuring that the Accommodations you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, safety, cleanliness, and do not present a Guest with Travel Issues. During the 24-hour period following the Guest’s check-in, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve Guest issues.

If you are a Host, and if (i) eLands determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) eLands either reimburses that Guest any amount up to the amount paid by the Guest through the Site for the Accommodation or provides an alternative Accommodation to the Guest, you agree to reimburse eLands up to the amount paid by eLands within 30 days of eLands’ request. All determinations of eLands with respect to the Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding on the Guests and Hosts. You also agree that in order for you to reimburse eLands up to the amount paid by eLands, eLands may off-set or reduce any amounts owed by eLands to you by this amount. If the Guest remains for part or all of the stay despite the Travel Issue, the Guest will receive a refund that will reduce the amount of the Accommodation Fees ultimately paid to you. If the Guest is relocated to an alternative Accommodation, you may lose part or all of the Accommodation Fee payment for the booking and you may be responsible for reasonable additional costs incurred to relocate the Guest to the alternative Accommodation.
The rights of the Guests under the Guest Refund Policy supersede the cancellation policy established by a Host. If you dispute the Travel Issue you may notify us in writing (www.eLands.co/customer-support ) or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim. You agree that all determinations of eLands with respect to the Travel Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, eLands, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews indicating Travel Issues, cancelling future bookings, suspending or removing the listing of the Accommodation or imposing penalties or fees for the administrative burden associated with the Travel Issues.

 

 

General Provisions

(a) No Assignment/No Insurance. This Tenant Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. eLands reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion, and without prior notice. If eLands modifies this Guest Refund Policy, we will post the modification on the Site or provide you with notice of the modification and eLands will continue to process all claims for Travel Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between eLands and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between eLands and you regarding the Guest Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the eLands Terms of Service.
(d) Controlling Law. This Guest Refund Policy will be interpreted in accordance with the laws of the Republic of Malta, without regard to its conflict-of-law provisions.
(e) Limitation of Liability. In no event will eLands aggregate liability arising out of or in connection with this eLands policy terms, exceed the amount of the accommodation fees collected by eLands from the Guest. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You acknowledge and agree that, by posting a listing or booking an accommodation or otherwise using the Site, Services as a Host or Guest, you are indicating that you have read, and that you understand and agree to be bound by these policy terms.