Terms of Use
This electronic platform Gathern or the Gathern website referred to here as "Gathern website" or "the website" or "the platform" or "Gathern" or "Gathern" or "the app" is available for your personal or business use, and your access, registration, and use of the website is subject to these terms and conditions of use and the laws of the Kingdom of Saudi Arabia. Likewise, after your arrival and entry to the platform, you agree unconditionally to the terms and conditions of use, and this agreement takes effect from the date of your registration.
The use of the platform includes a number of terms and conditions that are subject to continuous updates and changes as needed, and any modification or update to any of these terms and conditions becomes effective immediately upon approval by Gathern management; which requires you to continuously review the terms of use and disclaimer principles to know any updates made to them; as your continued use of the platform means your awareness and full acceptance of any modification made to the terms of its use. Gathern management is also not required to announce any updates made to those terms.
1.1 These terms of use "the Terms" represent a binding legal agreement between you and Gathern governing the right to use the website, applications, and other offerings from Gathern. Gathern allows users "referred to as guests or customers" to search for and book services and accommodations for use, and Gathern also provides "unit lessors or hosts" with a means to display accommodations and provide services. Each offering from the host service purposes is referred to as "host advertisements". Gathern does not own, control, provide, or manage any of the host advertisements or hosting services.
1.2 Gathern establishes other terms and policies complementary to these terms such as the Privacy Policy that explains how personal data is collected and used, and payment terms referred to in any paragraph governing any of the payment services provided by Gathern entities and payment processes to hosts.
2 Terms that apply to guests
2.1 Guests can search for accommodations using criteria such as accommodation type, the city they wish to stay in, and stay dates. Guests can also use filters to improve search results. Results are based on their relevance to the criteria specified by the guest, however Gathern does not guarantee compatibility between search data and results, and it is the guest's responsibility to verify search results accurately.
2.2 Booking Terms: When completing a booking through Gathern, you commit and fully agree to all booking terms imposed by the host, which include the booking change or cancellation policy, no-show policy, check-out and check-in times, and any other terms imposed on you during the stay or booking, including available services and/or products provided by the accommodation. Additional specific terms and conditions set by the host can be obtained from the unit page under the booking terms and booking change or cancellation policy section.
2.3 Upon receiving booking confirmation and completing the booking, you agree to all booking terms. The booking change or cancellation policy and any other rules, criteria, policies, or requirements specified in the host's advertisement or during the payment process that apply to the booking govern the relationship between the guest and the host. It is your responsibility to read and understand the terms of these terms and conditions, and all booking terms including all rules, criteria, policies, and requirements before booking the accommodation. Please note that some hosts work with co-hosts or as part of a team to provide hosting services.
2.4 You can cancel or modify your booking by accessing the booking details in the app and clicking on the cancel booking or modify booking icon. Booking cannot be cancelled or modified if the host's policy does not allow it.
2.5 If your arrival is likely to be delayed beyond the arrival time, you must contact the unit lessor directly and notify them.
2.6 If you are unable to check in to the accommodation for a reason attributable to you, the booking will be cancelled and the amount will not be refundable, unless the host's terms include otherwise.
2.7 Generally, if you cancel your booking with the host, the refund amount will be determined according to the host's booking change or cancellation policy.
2.8 The booking change or cancellation policy takes one of the following forms:
- Strict: No refund of the paid booking amount is allowed after the guest confirms the booking.
- Moderate: The guest has the right to cancel the booking and receive a full refund of the paid booking amount 4 days before the check-in date.
- Flexible: The guest has the right to cancel the booking and receive a full refund of the paid booking amount two days before the check-in date.
- Free: The guest has the right to cancel the booking and receive a full refund of the paid amount before 12:00 PM on the check-in date.
3. Booking Cancellation
3.1 The guest is committed (upon booking confirmation) to pay the value of the deposit (if any) or the full booking value.
3.2 Please note that some bookings made at certain rates or special offers or after adding discount codes are not eligible for change or cancellation.
3.3 Some accommodations may apply additional fees for late departure and early check-in according to what the host's terms require.
3.4 The booking change or cancellation policy specific to the accommodation can be viewed on the accommodation's website information page.
3.5 Before booking, please ensure you check the host's terms and booking change or cancellation policy and read the details and no-show policy specific to the accommodation found on the rented unit page before completing the booking process. If the guest does not leave at the departure time, the platform and unit lessor have the right to deduct the full late night fees from the guest.
3.6 If you wish to review, modify, or cancel your booking, please refer to the "My Bookings" section through the app and follow the instructions provided or contact the Gathern customer service team via chats within the platform.
4. According to Gathern's absolute discretion, the guest is compensated in the following cases:
- The booked unit is not fit for use.
- The essential facilities advertised for the booked unit do not exist in reality or are not fit for use. This includes, but is not limited to: difference in the number of beds or rooms, the pool in the booked unit being unfit for use, etc.
- The booked unit is not clean according to customary standards.
- The host refuses to hand over the booked unit for an unlawful reason.
4.1 If the provisions of Article 4 are met, the guest must file a report within one hour of entering the unit.
4.2 In all cases, the compensation amount does not exceed the amount paid by the guest.
5. Warranty Disclaimer
5.1 The platform does not guarantee the availability of any internal facilities at the booked accommodation that you previously requested.
5.2 We advise you to always run antivirus software on all materials downloaded from the internet. Gathern is not considered responsible for any loss, interruption, or damage to your data, computer, or any browsing device that may occur while connecting to this platform.
5.3 Use of the platform remains at your own risk, and we are not under any circumstances responsible for any loss or damage of any kind you may face due to your use or visit to the website or your reliance on any statement, opinion, or advertisement on the website or what may result from any delay in operation, connection failure, internet access problems, equipment or software failures, or the behavior or thoughts of any person accessing this platform. The platform does not bear any other damages resulting from natural disasters or damages resulting from dealing with the host or others, or loss or damage to property, or any other physical damages affecting the guest. Hereby you acknowledge and agree that your exclusive and sole remedy for any damage or loss that may occur as a result of your entry or use of this website is to refrain from using it, accessing it, or not continuing to do so.
5.4 Gathern uses all means to ensure the readiness of the website and application and the availability of all services associated with it, but it cannot guarantee continuous or uninterrupted operation.
5.6 Gathern is not responsible in any way for loss, damage, or theft of personal property. In addition, Gathern is not responsible in any way for the safety of the booked unit or any damages that may affect the guest, including but not limited to drowning.
6. General Terms:
6.1 After the end of the booking and hosting period, guests and hosts will have the opportunity to rate each other, and the rating must be accurate and not contain any discriminatory, offensive, defamatory language, or any other language that violates these terms or applicable laws in the Kingdom of Saudi Arabia. Gathern does not verify the accuracy of ratings and they may be incorrect or misleading.
6.2 When using Gathern personally, you agree to the following:
6.3 You acknowledge that you are 18 years old and have the legal right to create a legal obligation.
6.4 The host has the right to hand over the unit only to the booking holder and the holder of the verification data added to the booking such as ID number, passport or residence number, mobile number, and date of birth.
6.5 Not making any fake, speculative, or anticipatory bookings and Gathern may cancel without prior notice all bookings to one or multiple parties on the same date.
6.6 Not distorting or changing the front interface appearance of the website or the basic program.
6.7 Not doing any work that may lead to unbearable or disproportionate pressure on the website, application, or its infrastructure.
6.8 It is your personal responsibility to comply with all our terms and conditions which include, but are not limited to: full and timely payment of all amounts due with compliance with all rules regarding the availability of prices, products, or services, and all fees.
6.9 Not acting in any way that may cause harm, conflict with, interfere with access, or harm the availability of content on the website, not uploading any files containing computer viruses or any other codes, or software designed to intercept, destroy, or limit the function of the website or application.
6.10 Not posting, distributing, or uploading any defamatory, offensive, violating, harmful, threatening, abusive, twisted, or racist materials, or morally inappropriate or other illegal content or information, or sending any unwanted email chains, spam materials, or any other form of mass communication.
6.11 Not threatening, harassing, abusing, interfering, or violating the rights of others, including their individual rights.
6.12 Not obtaining or attempting to obtain unauthorized access to the website or any member account on the website, or impersonating any person or misrepresenting membership with another person.
6.13 Not doing, causing, or allowing anything that could violate, damage, or conflict with intellectual property rights of the website or any of our affiliated companies or other parties.
6.14 Not doing anything illegal that could create any liability on Gathern's part.
6.15 Not violating this agreement or any applicable law or regulation.
6.16 Not uploading or attaching any files, programs, or any other materials protected by intellectual property laws or any private or public rights unless the user owns the rights or receives authorization and approval to use them as required by law.
6.17 Not uploading or attaching any files containing any viruses, corrupted files, or any similar software or programs that could cause damage to another computer's operation.
6.18 Not erasing copyright or legal notices or ownership designations in any uploaded file.
6.19 Not forging the origin or source of software or other materials contained in the uploaded file.
6.20 Not advertising or offering to sell any goods or services, or conducting or sending surveys, contests, or message chains, or uploading any file published by another user, and it should be known that promoting them in these ways is not legally permitted.
6.21 Not using this website or application and any of its contents for purposes other than what it was designed for.
6.22 Not accessing, monitoring, or copying any content or information from this website using any electronic means or any manual process without explicit written permission.
6.23 Not violating restrictions on the website or application or any bypassing or circumventing to breach other measures used to prevent or restrict access to this website.
6.24 Not taking any action that imposes, or may impose, in our opinion an unbearable or disproportionate burden on the website or application infrastructure.
6.25 Not creating deep links to any part of this website for any purpose without explicit written permission from us or integrating any part of this website into any other website without obtaining prior written permission.
6.26 Not adding, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any of the following:
- Information belonging to another person which the user has no right to retain.
- Unwanted information that causes serious harm, violates others' privacy, or is racist.
- Information that violates any patent, trademark, copyright, or any other proprietary rights.
- Information that deceives or misleads the recipient.
- Information that threatens unity, safety, defense, security, or friendly relations with foreign countries or public order, or causes incitement to commit any crime, prevents investigation of any crime, or causes insult to another country.
- Information that is impersonated by another person.
6.27 The governing law shall be Saudi Law and the courts of Riyadh shall have jurisdiction over any dispute arising from these terms and conditions.
7. If Gathern determines that you have violated any of these terms and conditions, it reserves the right to:
7.1 Warn you that you have violated these terms and conditions, and request that you immediately stop this behavior.
7.2 Delete any materials or content you have published without notifying you.
7.3 Take measures including stopping, suspending, restricting your access, and preventing you from using Gathern, including banning the guest from renting properties from a specific host or from using the platform in general.
7.4 Cancel any bookings related to you and your account and any other bookings or accounts belonging to you if the platform determines that you are in violation of these terms and conditions.
7.5 Report your activities to internet service providers or competent authorities.
7.6 Take legal action and demand compensation from you.
8 Copyright and Trademarks
8.1 All application contents are subject to copyright.
8.2 The application is available for personal use only. You cannot modify, copy, distribute, transmit, display, perform, reproduce, publish, create derivative works, transfer, or sell any information, software, products, or services obtained from the website.
8.3 Gathern and partner companies, and any other product or trade name related to Gathern are among our registered trademarks, and other products and company names referred to on the website and application are the trademarks of their respective owners.
9. Compensation and Liability
9.1 In addition to any other compensation stipulated in these terms and conditions, and as a condition for using this application, you agree to compensate us for all obligations, losses, claims, and expenses including legal costs and damages (whether direct or indirect) arising from claims resulting from your use of the application, including but not limited to any claims that prove to be valid and constitute a violation on your part of this agreement.
9.2 If it is proven that the guest caused damage to the host's unit of any kind, the guest is obligated to compensate the platform for the compensation amount for the host protection program, in addition to their obligation to compensate the platform and host for those damages.
9.3 Gathern estimates the value of those compensations, provided that it provides the guest with details of the amounts for those claims upon the guest's request.
9.4 The guest is obligated to pay the compensation value through the link sent from Gathern within the period mentioned in the text message, and in case the platform does not receive the compensation value, the guest's wallet balance becomes negative and no bookings are accepted from the guest until they pay the compensation value. Gathern has the right to demand the guest before judicial authorities to collect those amounts according to these terms and conditions if the guest does not pay the compensation value on time.
10. Final Provisions:
10.1 The guest provides a copy of their passport/residence/national ID and writes its data, date of birth, email address, and mobile number on the account creation page so that the platform can verify the accuracy of that data. The platform sends a confirmation number via email and mobile number to verify the accuracy of that data.
10.2 The platform does not bear responsibility for the accuracy of guest data, and the platform's acceptance of guest data should not be interpreted as guaranteeing its accuracy and integrity.
10.3 If the platform and host determine that the entered data is incorrect or non-compliance with the announced terms, the host and platform have the right to ban the guest from using their services and cancel the booking unless it is proven that the guest is the owner of the entered data and their data is correct.
10.4 The guest acknowledges that they have reviewed the host's booking terms, these terms and conditions, and the privacy policy and agrees to them. The guest guarantees to implement these terms and conditions, privacy policy, and host terms to the fullest extent.
10.5 The guest agrees to Gathern's communication with them and sending notifications via email, app notifications, and mobile messages. These notifications include promotional messages, service offers, and booking details.
10.6 If the host requests an insurance amount, the guest is obligated to pay the insurance value upon arrival and before receiving the booked unit according to the terms set by the host. If the guest delivers the booked property in good condition, the host is obligated to return the insurance amount to the guest after verifying the unit's integrity and before the next scheduled arrival time, and the host acknowledges waiving the insurance amount if there is damage to the booked property.
10.7 In case of non-compliance with booking terms or damages by the guest, the host has the right to request guest data to submit to competent authorities and Gathern disclaims responsibility for its accuracy.
10.8 Scheduled arrival time: is the fixed time set by the host for receiving the unit.
10.9 For any inquiries, suggestions, or complaints, you can contact us via email at [email protected] or through chats.