The following terms and conditions constitute the FlatClub "Booking Refund Policy". This policy is available to all Guests who book and pay for an Accommodation listed by a Host on the FlatClub platform and suffer a Booking Issue before, during or after their arrival to the Accommodation. The terms and conditions of the "Booking Refund Policy" also govern the obligations of the Host to paying Guests in association with a confirmed booking made on FlatClub.com.
1. Booking Issue.
A “Booking Issue” may be suffered by a paying Guest. FlatClub considers a "Booking Issue" to mean any one of the following:
(a) the Host of the Accommodation listed and booked on FlatClub.com
- (i) cancels a booking within 7 calendar days before the check-in date/time;
- (ii) does not provide the Guest with the reasonable means or ability to access the Accommodation (e.g., by providing instructions, keys, door code, security code, entry gate code, making a responsible 3rd party present to assist the guest with entry).
(b) the description of the Accommodation contained in the Accommodation Listing on FlatClub.com that was considered by the Guest at the time of booking is materially inaccurate with specific respect to:
- (i) the physical location of the Accommodation (proximity).
- (ii) the number and size of the bedrooms, bathrooms, and/or kitchen or other rooms described in the listing,
- (iii) the room type of the Accommodation booked as understood to be a private room, shared room or entire house / flat
- (iv) whether another party, including the Host or the Host's children, family members or any other party, is also staying, residing or occupying the Accommodation during the booked period of stay unless such information was specifically disclosed in the Accommodation Listing description at the time of booking and/or brought to the attention of the Guest by the Host and agreed to by the Guest in writing via FlatClub Message prior to the guest arrival,
- (v) the special amenities or features represented in the Accommodation Listing description are not provided or do not function, such as access to space, major appliances (laundry machine / dryer / dishwasher / sink / stove / refrigerator ) bathrooms (toilet/shower/bathtub), kitchen, and electrical, heating or air condition systems.
(c) Whether at the start of the Guest’s booking, the Accommodation provided:
- (i) is generally unclean, unsanitary or contains health and safety hazards that, in FlatClub's judgement, would be reasonably expected to negatively affect the Guest’s stay at the Accommodation,
- (ii) does not contain clean bedding or bathroom towels available for the Guest’s use, (unless specifically disclosed on the Accommodation Listing that bedding and/or bathroom towels will not be provided.
- (iii) is contaminated with vermin or pests and the contamination can be demonstrated,
- (iv) pets are present in the Accommodation whose presence was not disclosed in the Accommodation Listing description, or disclosed to the Guest in writing, and agreed to by the Guest in writing via FlatClub message prior to arrival.
2. The Booking Refund Policy.
If you are a Guest and suffer a Booking Issue, FlatClub agree's, at our discretion, to either
- (i) reimburse you up to the total amount paid by you through FlatClub.com, as determined by FlatClub in our discretion, depending on the nature and details of the Booking Issue suffered and the subsequent information provided by Guest or Host related to the investigation of the Booking Issue, or
- (ii) deploy reasonable effort to arrange another Accommodation Booking for any unused nights left in your booking which in our determination is reasonably comparable to the Accommodation originally booked in terms of size, rooms, room type, features and general quality.
All determinations of FlatClub with respect to the Booking Refund Policy and associated Booking Issue disputes, including without limitation the size of any refund or result as determined by FlatClub of an Booking Dispute, shall be final and binding on the Guests and Hosts.
3. Claiming a Booking Issue - Required Conditions.
Only a Guest may submit a Booking Issue claim. If you are a Guest, you are required to meet each of the below itemized conditions in order to submit a valid claim for a Booking Issue and receive the benefits and protections available to you by the Booking Refund Policy.
(a) Written Notification - you must bring the Booking Issue to our attention in writing (via email to email@example.com or via telephone and provide documentation including including photographs or other evidence about the Accommodation and the circumstances of the Booking Issue within 24 hours after the start of your booking.
(b) Obligation to Respond - you must respond to any requests by FlatClub for supplementary information or cooperation with regards to our investigation of Booking Issue.
(c) Incident Disassociation - you must not have directly or indirectly caused the Booking Issue (through your action, omission or negligence).
(d) Effort to Remedy - you must have used reasonable efforts to try to remedy the circumstances of the Booking Issue directly with the Host of the Accommodation prior to raising a claim for a Booking Issue with FlatClub, which may include but is not limited to informing the Host about the issue in writing via FlatClub message, calling the Host to discuss the issue, meeting with the Host at the Accommodation if required and allowing the Host reasonable time to pursue a remedying the situation.
4. Host Obligations & Responsibilities, Minimum Accommodation Quality Standards, and Guest Reimbursement.
If you are a Host and create and publish Accommodation Listings on FlatClub.com, and accept Booking Requests from Guests on FlatClub.com, you are responsible for ensuring that the Accommodations listed on FlatClub.com meet minimum quality standards regarding access, adequacy of the description on FlatClub.com, safety, cleanliness, and do not present a Guest with Booking Issues.
During the 24-hour period following the Guest’s check-in, Hosts should be available, or make a responsible third-party available, in order to try, in good faith, to resolve Guest issues promptly and maintain adequate responsiveness to the Guest communications during this time.
If you are a Host, and if
- (i) FlatClub determines that a Guest has suffered a valid Booking Issue related to their stay at an Accommodation listed by you and,
- (ii) FlatClub either reimburses that Guest any amount up to the total amount paid by the Guest through FlatClub.com for their stay at the Accommodation or provides an alternative Accommodation to the Guest, you agree to reimburse FlatClub up to the amount paid by FlatClub within 30 days of FlatClub’s request. All determinations of FlatClub with respect to the Booking 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 FlatClub up to the amount paid by FlatClub, FlatClub may off-set or reduce any amounts owed by FlatClub to you by the same amount. If the Guest decides to remain for part or all of the stay despite the Booking 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 payout 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 Booking Refund Policy supersede the cancellation policy established by a Host. If you dispute the Booking Issue you may notify us in writing (firstname.lastname@example.org) or via telephone and provide us with supplementary information (including photographs or other evidence) to dispute the claims regarding the Booking Issue, provided that you have used reasonable and good faith efforts to try to remedy the Booking Issue with the Guest prior to disputing the Booking Issue claim with FlatClub.
You agree that all determinations of FlatClub with respect to the Booking Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such a Booking Issue Claim.
In the event of one or more Booking Issues, FlatClub, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing search ranking, posting notifications to your listing indicating Booking Issue occurrence, cancelling future bookings, suspending or removing the Accommodation Listing, suspending or removing your user account or imposing penalties or fees for the administrative burden associated with the Booking Issues.
5. General Provisions.
(a) No Assignment/No Insurance. This Booking 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 Booking Refund Policy. The benefits provided under this Booking Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. FlatClub reserves the right to modify or terminate this Booking Refund Policy, at any time, in its sole discretion, and without prior notice. If FlatClub modifies this Booking Refund Policy, we will post the modification on the FlatClub.com or provide you with notice of the modification and FlatClub will continue to process all claims for Booking Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Booking Refund Policy constitutes the entire and exclusive understanding and agreement between FlatClub and you regarding the Booking Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between FlatClub and you regarding the Booking Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the FlatClub Terms of Service.
(d) Controlling Law. This Booking Refund Policy will be interpreted in accordance with the laws of English Law and the United Kingdom, without regard to its conflict-of-law provisions.
(e) Limitation of Liability. IN NO EVENT WILL FLATCLUB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS FLATCLUB POLICY TERMS, EXCEED THE AMOUNT OF THE ACCOMMODATION FEES COLLECTED BY FLATCLUB 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 FLATCLUB.com, 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.
6. Contacting FlatClub.
If you have any questions about the Booking Refund Policy, please contact FlatClub at email@example.com.