FlatClub Terms & Conditions
Welcome to Benivo. The following Terms and Conditions (the “Terms”) set out the terms on which you (the “Employee”, “you” or “your”) may use the Benivo service at this website https://www.benivo.com or the relevant subdomain to your employer (the “Benivo Website”) and, if you choose to do so, the moving and relocation support and accommodation services provided via the website at https://Flat-Club.com/ (the “Flat-Club Website”) (together the “Services”), as such accommodation services are governed by section 12 onwards of these Terms. These Terms also contain important information about cookies and the way we collect, handle and store your personal information.
By using our Services, you acknowledge and agree to be bound by these Terms, which constitute a binding agreement between you and Flat-Club Ltd (as the owner and operator of the Services), a company incorporated in England and Wales (under company number 7268894) which trades partly as Benivo and whose registered office is at 20 Ropemaker Street, London EC2Y 9AR, United Kingdom (“we”, “us”, “our”, “Flat-Club” or “Benivo”). You will be required to read and agree to these Terms online before registering for and using our Services. If you do not agree with these Terms, you must not use the Services.
We reserve the right to modify these Terms at any time. Updated versions are effective upon posting on the Benivo Website and will serve as notification to you of such update. You are responsible for regularly reviewing these Terms. If you do not agree to the changes, you should stop using the Services immediately. By continuing to use the Services, you will be taken to have agreed to any updated or modified Terms. If we make significant changes, a prominent notice will be posted on the Benivo Website, or we may require you to expressly indicate your acceptance of such changes, in which case you will not be able to continue using the Services until you have done so.
Additional terms which vary or supplement these Terms may apply to your use of some services ("Additional Terms"). Where this is the case, these Additional Terms will be set out at the point of use. If there are any inconsistencies between these Terms and any Additional Terms then the provisions of the Additional Terms shall prevail.
1. DEFINITIONS AND INTERPRETATION
1.1 The following terms shall have following meanings throughout these Terms:
“Accommodation” means whole or part of a single residential dwelling, including a shared room, private room, studio, or entire apartment, as advertised by an Accommodation Supplier via a Listing.
“Accommodation Supplier” means the individual or legal entity which rents out and advertises Accommodation via a Listing, either as a ‘Basic Accommodation Supplier / Verified Provider’ or a ‘Preferred Accommodation Supplier/ Top Provider’, as such terms are defined and applied in the Agreement between the Accommodation Supplier and Benivo.
“Employee” means any user of the Services who has registered for relocation or pre-boarding support on the Benivo Website, or who has rented Accommodation from an Accommodation Supplier, or has otherwise contacted Benivo or an Accommodation Supplier in order to book Accommodation.
“Employer” means your employer (or the entity which has retained you in some other similar capacity) who has subscribed for services under an agreement between Benivo and them.
“Employer Credit” means an allowance whose monetary value is exclusively used for the purpose of booking Accommodation or paying other eligible relocation expenses via the Services. ‘Employer Credit’ has no cash value and may not be exchanged for any goods, services, or monetary compensation outside the Services.
“Listing” means any Accommodation that is published by an Accommodation Supplier on the Flat-Club Website.
“Security Deposit” means any money held by the Accommodation Supplier or Benivo in a stakeholder capacity during the tenancy in case the Employee fails to comply with these Terms and/or the terms of any supplementary rental agreement.
2. BENIVO SERVICES
2.1 We provide various assistance, benefits and rewards opportunities to Employees via our Benivo platform at a subdomain of benivo.com. These include but are not necessarily limited to information and advice on living costs, areas, transportation and local attractions, discounts on third party services, as well as tips given by other Employees. We reserve the right to change the features and benefits offered as part of the Benivo services from time to time at our discretion and without liability to you.
2.2 We do not endorse the goods or resources made available by any Employees or third party service providers on Benivo (“Providers”) and it is your responsibility to satisfy yourself as to the quality and suitability of their products or services before use or purchase.
2.3 Any links to and information appearing on the websites of our Providers is the sole responsibility of the relevant Provider and we have no control over or liability for their operation, quality or content. You are encouraged to exercise discretion when clicking on external links, as these links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. They may also lead to sites that contain inaccurate information, false or misleading advertising, or information that breaches copyright or other laws. To the fullest extent permissible by law, we disclaim any and all liability for any losses you suffer as a result of your decision to interact with and use the websites and services offered by our Providers, and for any inaccurate or unlawful content that their websites may contain.
2.4 If any problems arise from the supply of goods or services by a Provider, you must first raise the issue with the Provider and notify Benivo. Whilst Benivo will endeavour to ensure that such problems are resolved, Benivo is not responsible for any aspect of the relationship between you and the Provider and accepts no liability for any costs, loss, injury, damage, delay, claim, or other matter arising out of or in connection with any order you place with them.
2.5 Any contracts or agreements you enter into with a Provider will be subject to the terms and conditions agreed between you and that Provider and we are not a party to that contract or responsible in any way for: (a) the performance of it by the Provider; (b) the quality or safety of the goods or services sold by the Provider; (c) any act or omission of the Provider; or (d) anything provided (or not provided) by the Provider or other third parties concerned.
3 ACCOUNT REGISTRATION
3.1 In order to use certain parts of the Services, you will be required to register and create an account. You must treat all identification codes, passwords, discount codes and other security information given to you in connection with your account and the Services as confidential and not disclose them to any third party. Any failure by you in maintaining confidentiality may result in our disabling your security information (including your passwords and codes). Benivo and its employees will never ask you for your password.
3.2 When you register with us, you agree to submit only true, accurate, complete and current information and to notify us of any changes that affect the information that you have given to us. We may request such identification documents or other information as we shall determine. If you do not provide such documents or information, or if you submit any information that is false, inaccurate or deliberately misleading, we may suspend or stop your use of the Services.
3.3 You may only register for one account with us and you are responsible for all information that you provide to us and all use of your account. You agree that if any person uses the Services using your account details, they are authorised to act for you. You shall not access any materials of another by logging into the Benivo Website using a third party's password. If you think that your account details have been obtained by someone who should not have them, you should contact us immediately.
4 USE OF THE WEBSITE
4.1 The Website (and “Website” shall be deemed to include the Benivo Website and the Flat-Club Website throughout sections 4 to 10 of these Terms) is for your personal use only and must be in accordance with the law and these Terms. You may not modify, copy, distribute, transmit, reverse engineer, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website.
4.2 Some of the material on our Website is user-generated content, including but not necessarily limited to content concerning Accommodation, users, profiles, photos, descriptions, messages, geographies, locations, comments, reviews and feedback. The sole responsibility and liability for such content is with the user who publishes or uploads it and we are not responsible for the accuracy, consequences of, reliance placed on, or use of such content.
4.4 We reserve the right, but have no obligation, to monitor communications and interactions between users of the Services and reserve the right to act according to this data at our sole decision.
4.5 The following activities are strictly prohibited under these Terms and you expressly agree that you will not:
b) Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
c) Act in a manner that is obscene, defamatory, threatening or harassing;
d) Provide false, inaccurate or misleading information;
e) Fail to keep all submitted information up-to-date at all times;
f) Fail to provide us with further information about you or your activities that we may reasonably request;
g) Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide;
h) Conduct your use of the Services in a manner that results in or may result in complaints, and claims against us or third parties;
i) Try to contact another user directly and/or bypass the Services. Circumvention is not allowed you must not use the Services to find an Accommodation Supplier and then complete a transaction in any form outside the Services or directly with them;
j) Disclose or distribute information of any user of the Services to a third party, or use the information for marketing or other purposes other than for the use the Services;
k) Send unsolicited emails to any user of the Services or use the Services to collect payments for sending, or assisting in sending, unsolicited emails to third parties;
l) Copy, reproduce, communicate to any third party, alter, modify, create derivative works of, publicly display or frame any content from the Website without our or any applicable third party’s written consent;
m) Post or transmit any content that is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane or otherwise objectionable in any way;
n) Post any inappropriate or discriminatory material, or material that includes offensive language, nudity or sexual content; Publish any photos of or details about minors, or publish any third party’s photos or information without their prior written consent;
o) Post any material that will violate your Employer’s regulations or code of conduct;
p) Use automated scripts to collect information or communicate with users or the Website administrators;
q) Take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
r) Introduce or facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
t) Use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission;
u) Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with the Services;
v) Reveal your account password(s), contact details or credit card details to other users, or use anyone else's password. We are not responsible for losses incurred by you including, without limitation, the use of your account by any person other than you, arising as the result of misuse of passwords;
w) Do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of the Services or activities carried out as part of the Services or otherwise than in accordance with these Terms; or
x) Damage the Services in any way, including but not limited to changing any content in the Website, faking addresses, emails, or IP, creating a similar website to mislead users, any routing or re-directions, or similar actions or methods.
4.6 We reserve the right to take any action we deem necessary if any of the above activities (or other breach of these Terms) come to our attention, including but not limited to, suspending or terminating your account, denying you access to the Services (entirely or for any particular transaction), holding any funds paid for the use of Services, suspending or canceling a funds transfer to your account, refusing or reversing any particular payment transaction, informing the appropriate authorities, issuing a warning and/or taking legal action against you. If you submit or post any content which is contrary to these Terms we reserve the right to delete such content.
4.7 You shall remain liable under these Terms in respect of all charges and other amounts incurred for your use of the Services at any time, irrespective of termination, suspension or closure or your account.
4.8 You are responsible for any interaction or dealings with other users, whether online, in person or otherwise and release us from liability for any and all demands, damages, claims, expenses, costs, losses or other liabilities including, but not limited, to the results of any communication, transaction, dealings, meeting, interaction, rental or other activity arising from your use of the Services.
5 INTELLECTUAL PROPERTY
All copyright, trademarks and other intellectual property rights in and relating to the Services (including in the design, text, graphics, selection and arrangement, software compilations, underlying source code and all other material which forms part of or appears on the Website) are owned by or licensed to us. Unless permitted by law, you may not reproduce, distribute, modify, adapt, create derivative works of, publicly display, transmit, broadcast, sell, license, or in any way exploit any material on the Website, in whole or in part, without our prior written consent.
6.1 We are committed to respecting your privacy and complying with data protection laws. By registering on the Website or otherwise using the Services, you give your consent to the use of your data in accordance with the terms contained in this section 6.
6.2 We may collect, store and use information submitted by you when you register or otherwise choose to disclose your data to us, make any transactions through the Website or relating to the Services, make a complaint or enquiry, or provide other feedback about the Services. When you visit the Website we also automatically record information from your browser such as your IP address, browser type and version, the time you spend on each page and other web statistics.
6.3 The information we collect about you may be used by us to process your registration, communicate with you, monitor, develop and improve the Services, process and deal with any complaints or enquiries made by or about you, monitor and investigate any suspected breach of our terms and conditions made by or otherwise relating to you, and to keep you updated with information by email about existing and new Services that we think may be of interest to you.
6.4 Your data may be shared with your Employer and other Employees and published for testimonial purposes relating to the Services. Use of your personal information is otherwise strictly for the functionality and operation of the Services and we will not sell any of your personal data or information to third parties.
6.5 In order to use the Services, you will be required to provide your bank or PayPal details. We will never contact you directly to ask for your password or credit card details; if someone contacts you on behalf of Benivo with such requests, you should refuse and contact us immediately.
6.6 When using the Services, your personal information (including your contact details, password and date of birth) will never be visible to the general public unless you choose to publish it. However, by the very nature of the internet, information that is publicly visible online might appear in search engine results or be linked to by other websites. Although we will do our best to protect your personal data, we cannot guarantee its security and any transmission is at your own risk.
6.7 We use third-party advertising companies to serve ads when you visit the Website. These companies may use non-personally identifiable information about your visits to this and other websites in order to provide advertisements about goods and services that may be of interest to you.
6.8 By using the Services, you consent to our disclosing your personal information to our employees, agents, partners and third party providers who assist us in providing and administering the Services. We may also disclose your personal information to the potential buyer or seller of our or another’s business or business assets. Benivo or your Accommodation Supplier may also disclose your personal information to reputable credit reference agencies where it will be lawfully processed and you hereby consent to such disclosure. Other than in the circumstances set out in this section, we will not provide information personally identifying you to any third party without your consent or unless we are required to do so by law.
6.9 Your information may be transferred and/or stored on servers located outside the EEA or otherwise outside your state or country. It may also be processed by staff operating outside the EEA or your state or country who work for us or a third party we collaborate with. By submitting your personal data, you agree to this transfer, storing or processing. If you do not wish to allow your information to be stored outside your country or current location, you should not use the Services.
6.10 If you sign in or link your account via social networks, such as Facebook or LinkedIn, you grant us access to your data held by that social media account (pursuant to the terms of the relevant account).
6.11 You have the right to withdraw consent to the use of your personal information or data at any time and to ask us not to use your data for marketing. You can do this by ticking the relevant boxes on our forms, or by contacting us at any time. You also have the right to see what personal information or data is being stored, collected and used by us and we can charge you a fee (currently £10) for this service. If you have any questions or concerns, please contact us at firstname.lastname@example.org.
7.1 We use “Cookies” to collect analytical information and to improve the ease of use of the Services (for instance, if you request us to remember your sign-in details). Cookies are small text files placed on your device when you visit our Website. For more information about cookies, please follow this link: http://www.allaboutcookies.org/.
Benivo uses the following three types of cookies:
a) Session Cookies: These allow us to track your actions and remember your login details, making it easier and quicker to login when returning to the Website. If you have not selected “remember me” when logging in, these cookies will be deleted when you close your browser;
b) Facebook Cookies: These allow you to login to the Website and use the Services through Facebook, saving you from having to sign up and helping us identify you as a trusted member. For more information please go to https://www.facebook.com/help/ and http://www.facebook.com/about/privacy/; and
c) Google Analytics Cookies: These cookies, gathered by Google on our behalf, automatically record data about your use and help us track how well we are performing and the number of individual users we have. Among other things, they count the number of times you visit the Website, when the first and last visits were and how you came across Benivo in the first place. The information gathered from these cookies is completely anonymous.
7.3 If you wish to disable cookies then you can do so by readjusting your browser settings. However, please note that by disabling cookies you may not be able to subscribe to or use all features of the Services. To find out how to do this use the links below for the relevant browser. These settings are generally found in the 'options' or 'preferences' menus:
- Cookie settings in Internet Explorer
- Cookie settings in Firefox
- Cookie settings in Chrome
- Cookie settings in Safari web and iOS
8.1 While using our Website, you may be exposed to content, information, offers, visuals, and advertisements from other users or third parties, including via links to third party websites or services which are owned and operated by parties other than Benivo. We do not control these websites or content. If you decide to access third party websites you should read their own terms before providing any information to them. We do not accept any responsibility or liability for any third party websites or content and your access and use of such materials is at your own risk.
8.2 You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any site that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
9.1 The Services are provided on an “as-is” basis and Benivo disclaims all express or implied warranties to the fullest extent permitted by law (including but not limited to warranties relating to description, quality, completeness, accuracy, reliability and fitness for a particular purpose).
9.2 The Website may be interrupted from time to time for scheduled maintenance, upgrades or other reasons and we may change descriptions, specifications, discounts, prices and discontinue Services at any time before your order is confirmed.
9.3 Whilst Benivo attempts to ensure that the information available on its Website is accurate and aims to correct errors and omissions as quickly as practicable, we cannot guarantee that the content on the Website will always be error-free. Benivo is not responsible for the accuracy of information published on the Website or via the Services and does not warrant that the Website will operate without errors or that it and its servers are free of computer viruses. Benivo will not be liable for any data lost or corrupted or any equipment or software damaged by you as a result of you using the Website.
9.4 The content on the Website is for information purposes only and no material on the Website or about the Services is intended to contain advice, and you should not rely on it. Benivo does not endorse any Accommodation or hold itself out as providing any legal, financial, property-related or other professional advice and does not make any recommendation or endorsement as to any rental, investment or other service or product or give any advice regarding the nature, potential value or suitability of any Accommodation. We exclude all legal responsibility and costs for reliance placed on the Services by anyone.
9.5 We do not make any attempt to confirm or validate users' identity, property, reputation, conduct, history, criminal background or credit score, or make any guarantee or promises about the identity or reliability of any third party. If you feel insecure or unsafe regarding any communication, transaction or action relating to the Services you should immediately contact us.
9.6 We are not responsible for matching Employees with Accommodation Suppliers and we are not involved in any in-person interactions between those parties. You acknowledge and agree that any rooms, flats, houses, properties or tenancy arrangements are provided by third party landlords and letting agents and not by us. We have no control over, nor accept any responsibility or liability for, any such arrangements or issues you may encounter with them. This includes all prior arrangements made with them to view the Accommodation. We do not inspect any of the Accommodation that features in adverts on our Website. We strongly advise you to inspect properties thoroughly before you make any binding commitments in respect of any Accommodation on our Website.
10 LIMITATION OF LIABILITY
10.1 As far as legally possible, we exclude all terms and warranties implied by law, all liability for any delays or disruptions to the Website, any suspension, termination or other action taken with respect to your account, and for any loss to you arising from use of the Services (including but not limited to any loss of contracts, loss of actual or anticipated income, loss of revenue and profit, loss of business, loss of goodwill and reputation, loss of anticipated savings, loss of use or data, increased costs and expenses, wasted expenditure, loss resulting from any tenancy or lodging arrangements of any kind that you enter into as a result of using the Services, any other indirect, special or consequential damages, whether or not such loss or damage is foreseeable, foreseen or known).
10.2 If you have a dispute with another user of the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
10.3 In no event will our liability to you for any action or claim related to the Services exceed the greater of: (a) £100; or (b) the aggregate amount paid by you to us for the Services to which the liability relates during the six month period immediately preceding the determination of such liability.
You shall indemnify Benivo (including its employees, suppliers, affiliates, officers and agents) from and against all claims, liabilities, costs, expenses (including any reasonable legal fees), damages and losses arising out of or in connection with any breach by you of these Terms or any laws, rules, regulations or codes of conduct, any claim by a third party arising out of your use of the Services, or for any deliberate, negligent or other act or omission by you relating to the Services.
12 ACCOMMODATION SERVICES
12.1 Flat-Club contracts with independent relocation service companies, booking platforms, estate agents, private landlords, property managers and accommodation supplier companies to assist with the relocation and accommodation of Employees to and from locations worldwide. Where your Employer has subscribed with us, you may rent Accommodation from an Accommodation Supplier in accordance with these Terms.
12.2 You must be at least 18 years of age to use the Services and book Accommodation and hereby warrant and represent that you are at least 18 years of age and have the right to lawfully rent and reside in any Accommodation you book. You may enquire about or book Accommodation either by accessing the relevant links provided on the Flat-Club Website or by telephoning any advertised number appearing on the Flat-Club Website for this purpose.
12.3 Flat-Club acts as an agent for the Accommodation Supplier in respect of the booking and neither Flat-Club nor Employers will be a party to any resulting contract made between Employees and Accommodation Suppliers. You shall be responsible and liable for all the obligations under the rental terms you agree to (including for rent and other charges due, as such charges will be advertised in the Listing in advance of the booking).
13 RENTAL OBLIGATIONS
13.1 When residing in Accommodation, you agree to comply with all applicable rental laws, statutes and regulations, observe any lawful obligations imposed on you by the Accommodation Supplier and to take full responsibility for all aspects of your conduct during your rental period.
13.2 You agree: (a) to use the Accommodation only as a private residence for your occupation (and the occupation of your immediate family where permitted); (b) not to register a company at or run a business from the Accommodation; (c) not to use the Accommodation for any illegal or immoral purpose; (d) not to use or consume or allow to be used or consumed any drugs or any other substance which is, or becomes, prohibited or restricted by law; (e) not to use the Accommodation in a way which is, or is likely to cause, a nuisance or annoyance to neighbours; (f) to leave the Accommodation in the same condition as when you arrived and it and not to decorate or make any alterations or additions to or in the Accommodation without the prior written consent of the Accommodation Supplier; (g) not to remove the fixtures and fittings in the Accommodation; and (h) not to keep any dangerous or inflammable goods, materials or substances in or on the Accommodation, apart from those required for general household use.
13.3 You agree to keep the interior of the Accommodation and the fixtures and fittings in the same decorative order and condition (disregarding fair wear and tear) throughout the rental period as at the start of the tenancy, as noted in the Inventory. You agree to inform the Accommodation Supplier immediately when it comes to your notice of any loss or damage to the Accommodation and any necessary repairs or other matters falling within the Ac commodation Supplier’s repair obligations.
13.4 At the end of the rental period, you agree to: (a) clean to a good standard, or pay for the professional cleaning of the Accommodation and fixtures and fittings, to the same standard to which they were cleaned prior to your move-in, as stated in the check in report of the Inventory; (b) return all keys, including any additional keys, remote controls, or security devices to the Accommodation Supplier; (c) allow access for the check of the Inventory at the termination or earlier ending of the rental period following receipt of reasonable notice from the Accommodation Supplier; and (d) vacate the Accommodation within normal office hours at a time agreed with the Accommodation Supplier.
13.5 You agree that you are responsible for your own acts and omissions at the Accommodation, as well as any individuals whom you invite to or provide access to the Accommodation. You expressly agree that you shall indemnify us and/or the Accommodation Supplier (as applicable) against any claims, damages, costs, expenses, losses, penalties, fines or actions arising from your breach of these Terms. This includes but is not limited to the payment of: (a) any costs and expenses awarded or incurred for recovering or attempting to recover any rent or other monies in arrears; (b) the enforcement of any reasonable obligation of the Employee under these Terms and any additional rental terms you agree to; (c) the cost of any repairs of any mechanical and electrical appliances belonging to the Accommodation Supplier arising from misuse or negligence by you, your family, or your visitors; and (d) the cost of fixing any damage caused by you (or your visitors) to the Accommodation or its contents where the Accommodation Supplier has provided evidence of such damage. Such payments may take the form of compensation by way of deduction from your Security Deposit for the equivalent value of any damaged items or their replacements.
14 RENT AND FINANCE SERVICES
14.1 Accommodation Suppliers are solely responsible for setting the rent, deposit, other charges and fees due and the currency in which these sums are payable. Flat-Club has no involvement or responsibility for these matters and will not be a party to any related dispute.
14.2 Subject always to section 14.4, Benivo will pay the majority of an Employee’s first month’s rent (and, where notified in advance to the Employee, their Security Deposit) to the Accommodation Supplier and operate a parallel ‘PayLater’ arrangement with the Employee, whereby it charges the Employee:
a) in respect of PayLater Rent, 10% of the first month’s rent for the Accommodation booked at the time of booking, thereafter full monthly rent following receipt by the Employee of their first salary payment from their Employer, and the remaining 90% balance due for the first month’s rent in 6 monthly instalments (starting on the 1st of the month following receipt by the Employee of their first salary payment from their Employer), unless the rental period is less than 6 months in which case the remaining balance will be divided into monthly instalments according to the length of the rental;
b) in respect of PayLater Security Deposits (where such arrangement is in place between Benivo and an Employer), the entire Security Deposit will be payable in 3 instalments as agreed between the Employee and Benivo, with the first instalment due following receipt by the Employee of their first salary payment from the Employer. In the event of an Employee moving out of Accommodation before having paid these 3 instalments, the Employee will still be bound to pay the balance in full to Benivo. For stays of under 6 months, all PayLater Deposit payments must be completed at the latest within 30 days of the Employee’s check-out date.
14.3 You acknowledge that the PayLater arrangement is limited to two concurrent bookings per Employee. You also acknowledge that your Employer may act as guarantor and agree to pay to Benivo any amounts owed by you (in respect of rent and/or Security Deposit) for booked Accommodation in the event that you fail to make any payment due to Benivo. Benivo disclaims any liability for amounts deducted from Employees’ salaries as reimbursement for these unpaid amounts.
14.4 Notwithstanding the above, you are ultimately responsible for payment of any and all rent and charges due in respect of Accommodation you book. Such monies must be paid directly to Benivo. In the event that you are no longer employed by your Employer (whether your employment ended or was terminated by you or your Employer and regardless of the reason for such termination), you shall Notify Benivo by email to email@example.com within 24 hours of giving or receiving the relevant termination notice, as appropriate. Notwithstanding the expiry or termination of your employment with your Employer, you shall pay to Benivo with immediate effect all pending or future PayLater payments (whether PayLater Rent and/or PayLater Deposit).
14.5 If you fail to make payment on the due date or pay any pending or overdue payment (whether under a PayLater arrangement or otherwise) within 24 hours of the due date (in respect of rent, charges, Security Deposits or otherwise) or otherwise try to circumvent or avoid payment of monies due, Flat-Club will notify your Employer and the Accommodation Supplier (and reserves the right to hold any future payouts to the Accommodation Supplier until payment has been made) and the Accommodation Supplier or Flat-Club reserves the right to deactivate your account, terminate your stay according to Flat-Club’s Cancellation Policy, offset any amounts due from your Security Deposit (which shall include Benivo having the right to request payment to it of the Security Deposit by the Accommodation Supplier in satisfaction of monies due), collect unpaid amounts using alternative means (e.g. credit/debit card or salary deductions), impose reasonable and proportionate penalties or take other legal action against you in order to recover monies owed to us and/or the Accommodation Supplier. If any payments by instalment are due and have been cancelled by you, these amounts will be deducted by Flat-Club from the bank account details provided by you to us.
14.6 You agree to provide accurate, complete and up-to-date information at all times. Benivo disclaims any responsibility for losses or delays sustained or incurred by you as a result of the provision of inaccurate information and you agree to reimburse Benivo for any costs or losses sustained or incurred by us arising directly or indirectly from such default.
14.7 An Accommodation Supplier is free to impose specific house rules or other terms directly on you, or require you to sign additional agreements with them relating to Accommodation, provided such terms are lawful, clearly included in the Listing, do not conflict with these Terms and provided no additional charges or conditions are imposed which were not stated in the Listing.
15 SECURITY DEPOSIT
15.1 Any Security Deposit due for Accommodation will be displayed clearly in the Listing and payment must be made after booking is completed, at the time of check-in. The Accommodation Supplier will be required to comply with all applicable laws in relation to the receipt, protection, management and transfer of your Security Deposit and shall follow the standards set out in the Tenancy Deposit Scheme (or the equivalent authorised tenancy deposit scheme applicable in the country of the Accommodation).
15.2 Unless the Security Deposit for your booking falls under a PayLater arrangement (in which case see section 14.2(b) above), the Security Deposit will be collected directly by the Accommodation Supplier and neither Flat-Club or Benivo will not be involved with or held responsible for the processing or security of any such amounts, or for administering any disputes or claims in respect of such amounts. We advise Employees not to transfer Security Deposits to Accommodation Suppliers prior to their arrival at the Accommodation. Where an Accommodation Supplier requests a Security Deposit before check-in, please contact Benivo immediately and do not transfer any funds without our approval.
15.3 If the Security Deposit for your booking falls under a PayLater arrangement (as described in section 14.2(b) above) then no later than 10 working days after your Accommodation move-in date, you agree to provide Benivo with bank account details to charge the Security Deposit by way of direct debit. Until this payment mechanism is established, we reserve the right to request and charge an alternative payment method. If a direct debit form cannot be completed due to a lack of coverage by GoCardless, you must fill out the form no later than 7 days before the due date of your first deposit payment.
15.4 Security Deposit monies to be returned following rental of Accommodation will be returned by the Accommodation Supplier to you less any deductions made by the Accommodation Supplier for damage or other claimed amounts. For the avoidance of doubt, FlatClub is not responsible to claim back your Security Deposit from your Accommodation Supplier at the end of your stay in the Accommodation and will not be able to assist you in any disputes regarding the amount returned by the Accommodation Supplier.
16 CANCELLATION AND REFUNDS
16.1 If you wish to cancel a booking, a refund (if applicable) will be determined by the terms of this section 16 and Flat-Club’s Booking Refund Policy, which may found at https://flat-club.com/booking-refund-policy/. Your rights under the Booking Refund Policy supersede any conflicting provision in the applicable Cancellation Policy (http://flat-club.com/cancellation-policy/) chosen by the Accommodation Supplier or in any contract, agreement or terms signed directly between you and the Accommodation Supplier. You are encouraged to read, and will be deemed to have read, these policies upon agreeing to these Terms. As well as specifying what will happen in the event of cancellation of a booking and how to claim any refund due, they also cover obligations of the Accommodation Supplier to Employees in connection with a confirmed booking.
16.2 Your right to a refund in the event of cancellation depends on the circumstances of cancellation and are broadly set out below:
a)If you withdraw a booking request before it has been confirmed by the Accommodation Supplier, any payment you have made will be released to you and you will not incur any penalty;
b) If you cancel a booking after it has been confirmed by the Accommodation Supplier, the consequences will be governed by our Booking Refund Policy and the terms of the Accommodation Supplier Cancellation Policy selected by the Accommodation Supplier on their Listing;
c) If an Accommodation Supplier cancels a booking you will be refunded in full any and all payments made in respect of your booking unless cancellation takes place after the check-in date, in which case you will be refunded any payments made for nights not spent residing at the Accommodation. Flat-Club will also provide you with information regarding alternative Accommodation in these circumstances;
d) If you cancel a booking and did not spent any nights residing in the Accommodation, any amounts paid for cleaning fees, administration fees, utility fees, taxes or any other fees additional to the rent will be refunded in full.
16.3 After cancellation, you will have the right to remain in the Accommodation during the relevant notice period stipulated in the Cancellation Policy that applies to the booking. At no time will the Accommodation Supplier re-gain possession of the Accommodation in such a way that breaches the statutory rights of tenants.
16.4 If you fail to adhere to the procedure required to claim a refund as stated in the relevant Cancellation Policy or Booking Refund Policy, any eligible refund cannot be guaranteed.
17 DISPUTES AND COMPLAINTS
17.1 Whilst Benivo may attempt to help resolve any dispute between users of the Services, we will have no obligation or responsibility to do so. Any dispute relating to damages or any other matter concerning rental of the Accommodation must be solved directly between Employees and Accommodation Suppliers. Benivo will not be a party to such disputes or have any liability for any arrangements or claims regarding the booking or adequacy of the Accommodation, or in relation to the return of Security Deposits by the Accommodation Supplier to the Employee at the end of a stay in Accommodation. Benivo also disclaims liability in respect of, and shall have no involvement in, any disputes concerning Accommodation bookings made outside the Benivo or Flat-Club platform or the relevant rental period.
17.2 In the event that an Accommodation Supplier makes a claim against you for damages, you will be given forty-eight (48) hours to respond to, or dispute, the claim after notification thereof. Benivo will determine the validity of the claim at its reasonable discretion and reserves the right to charge any payment due in compensation for damage on the credit card on file in your Benivo Account, or other lawful avenues available to Benivo, including by way of deduction from your Security Deposit.
17.3 If you have any concerns or complaints about the Services, you agree to make all reasonable and diligent efforts to resolve these matters in good faith. You are first required to contact the Accommodation Supplier and notify Benivo as to the issue and outcome. If you are unable to reach a satisfactory resolution within a reasonable period, you are required to escalate the issue to Benivo and may subsequently contact your Employer if we have been unable to resolve the issue to your satisfaction within 3 working days following receipt of your notice to us.
18 EMPLOYER CREDIT
18.1 In the event that your Employer has provided Benivo with Employer Credit on your behalf, Benivo will reimburse you for qualifying expenses which you spend, up to the value of the Employer Credit, provided such amounts have been approved by us in advance.
18.2 If you purchase any goods or services which qualify for Employer Credit otherwise than via the Benivo Website, Benivo will only reimburse you for such amounts if you provide us with valid invoices within 3 days of purchase.
19.1 Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between Benivo and Employees, nor constitute either party the agent, employee or employer of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
19.2 These Terms, together with any policies referred to herein, represent the entire agreement between Benivo and Employees with respect to its subject matter and supersede any previous agreements, understandings, statements or representations (whether made orally or in writing). Changes to these Terms are only binding if they are recorded in writing and both parties sign them.
19.3 Benivo may assign, transfer, charge or sub-contract its rights and obligations under these Terms but Employees may not take any of these actions unless we have previously agreed to it in writing.
19.4 Delay in exercising a right under these Terms will not take away that right or any other right.
19.5 In the event that any provision of these Terms is held to be unenforceable, then the remaining provisions shall continue in full force and effect and shall be legally binding on the parties.
19.6 Any dispute or claim arising out of or in connection with these Terms or the Services shall be governed by and construed in accordance with the laws of England and both parties agree that the courts of England shall have exclusive jurisdiction to settle any such disputes or claims.