FlatClub Terms & ConditionsWelcome to FlatClub. The following Terms and Conditions (the “Terms”) together with our Privacy and Cookie Policies govern your use of this website (the “Site”) and the services provided (the “Services”). By using the Site and/or by using the Services, you acknowledge and agree to be bound by these Terms which constitute a binding agreement between you and FlatClub Ltd, a UK registered company, which operates the Site and the Services, (“We”, “Us”, “Our”, "Flat-Club", or “FlatClub”). Please read these Terms carefully. If you do not agree with these Terms, you must not use the Site or the Services and must cease use immediately.
By continuing to use the Site or the Services described above, you indicate your acceptance updated or modified Terms. We reserve the right to modify our Terms or Policies at any time. Updated versions are effective upon posting on the Site 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 Site and Services immediately.
1. Definitions:‘Guest’ means any user of the Site or Services who has rented a flat from a Host, or has otherwise contacted users in order to book property.
‘Host’ means any user of the Site or Services who is renting out their property and creates an advertisement listing on the Site. ‘Services’ includes the ability of users to post and view user profiles, details, properties and any other information or content in the Site.
‘Travel money’ is money that is exclusively used on this Site for the purposes of booking a flat. ‘Travel money’ has no cash value outside of the Site and the Services and may not be exchanged for any goods, Services, or monetary compensation outside of accommodation on FlatClub.
2. Use & Eligibility:2.1. You must be at least 18 years of age to use the Site or Services and hereby warrant and represent that you are at least 18 years of age. 2.2. To post a property on the Site, you must have the legal right to rent, lease, or sublet your property for short or long time renting, or for sublet. If you are not the owner of the property posted, you must not post it without a written authorization from the legal owner. When advertising a property on the Site, your take full responsibility and liability for all aspects of your listing. 2.3. You may only use this Site if you comply with all applicable laws, statutes and regulations. You may only post a property on this Site if you have successfully undergone all necessary local government safety checks relating to renting out a property. By posting a property on this Site you are representing that:
(i) you have successfully obtained a Gas Safety Certificate from a Gas Safe registered engineer,
(ii) you have received an Energy Performance Certificate from an accredited energy assessor, and
(iii) you have received planning permission and all other required permissions from your local council for short term lettings and as applicable. Failure to adhere to the above described requirements is a serious breach of these Terms and you expressly agree that you shall be responsible for and shall indemnify us against any claims, penalties, fines or actions arising from such breach by you. This is without prejudice to clause 22 of these Terms. 2.4. You may use the Services for your personal use. If you wish to use the Services and post or advertise any accommodation you may only do so as an individual acting in your own capacity and not on behalf of a third party. If you are an estate agent, you must contact us at email@example.com and obtain our written authorization before posting anything on the Site. 2.5. If you are a Host , you may use the Site and Services to post or advertise properties that you legitimately intend to rent out. A Host posting or advertising a flat is not a legally binding agreement that it will be rented out to a Guest.
5. Our Responsibilities:5.1. FlatClub is an online platform which enables users to learn about each other, and if they wish to, arrange stay with each other. We are not involved in the actual face to face interaction between Users. We also cannot guarantee that any information published in this Site is true or accurate. As a result, we have no control or responsibility on the conduct of the Users and Visitors in this Site. 5.2. Users of this Site and Services must independently verify one another. Any non-public information we store about their users will not be shared with other users. 5.3. The Site and Services are provided on an AS-IS basis. We are not responsible for accuracy of or otherwise for any information published on the Site or via the Services. We doe not make any attempt to confirm or validate users' identity, property, reputation, conduct, history, criminal background or credit score. If you feel insecure or unsafe regarding any communication, transaction or action in the Site you should immediately stop the activity and contact us. 5.4. We reserve the right, but have no obligation, to monitor communication, transactions, and interactions between users of the Site and/or the Services. We reserve the right to act according to this data at our sole decision. 5.5. We are not responsible for any matching, or any results of a matching. 5.6. We are not responsible for users (Hosts, Guests and others) ability to pay their rent and other commitments. 5.7. If a Guest already paid for a service we offer which is no longer available due to our discontinuation of the service, we will do its best to find an alternative service, but cannot guarantee its success. This applies only to our Services and not for third parties Services, for which FlatClub is not responsible.
7. Disputes7.1. We neither be responsible for nor a party to any dispute or claim between users of the Site or Services. We may attempt to help and solve a dispute, but is not our responsibility to do so or for any legal consequences of such disputes. 7.2. If while you are staying with a Host or Guest you feel uncomfortable or they engage in violent or inappropriate behaviour, please contact the appropriate authorities and then FlatClub. Please note that your report to FlatClub does not guarantee any reaction from us outside of what is required by law. 7.3. If a dispute between you and us arises, you agree to make all reasonable and diligent efforts to resolve same with us. In relation to any legal action or proceedings to enforce these Terms or arising out of or in connection with the Site or the Services we both agree and irrevocably submits to the exclusive jurisdiction of the English courts and waive any objection to proceedings in such courts. The laws of England shall govern these Terms. In the event of any legal action, the prevailing party shall be entitled to reasonable attorney’s fees and costs.
8. ReleaseIf you have a dispute with another user of the Site or 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. You expressly waive your enforcement of any legal provision which states that a general release does not extend to claims which the creditor does not know of at time of executing the release which if known to him would have materially affected his settlement with his debtor.
9. Taxes9.1. Our Services include acting as a facilitator and an online marketplace for Guests and Hosts to find accommodations or roommates. We do not own or operate the properties. 9.2. It is your responsibility to report to the tax authorities any income you made through our Services and Site. You are also solely responsible for paying any tax payments for your income. We will not deduct or pay any of the personal or corporate tax on your behalf. We will not report any transactions to the tax authority, besides our income accrued from commissions. 9.3. Any price published by you must include all relevant taxes – local, federal, state, international or other. This should include personal and corporate taxes, as well as income or any other tax. 9.4. We cannot and do not offer tax advice to either Hosts or Guests.
10. Prices & Payment10.1. Any price posted or advertised on the Site cannot be changed after a booking is made. 10.2. The price agreed in the booking shall include all income requested by the Host. This should include, but not limited to, taxes, amenities, utilities, and any additional services included in the property. 10.3. All sums to be paid by Guest must be fully disclosed by the Host before the booking is confirmed. 10.4. You may use Travel money the purposes of booking a flat. There is a time limit on all travel money and a minimum spend of travel money as specified on the Site. Travel money may be used both for rent asked by a Host, and by the fees FlatClub requests. For further information please go to the FAQs page on the Site.
11. Third Party Content11.1. While visiting and using the Site, you may be exposed to content, information, offers, pictures, and advertisements from other users or third parties. This can happen in the Site or through links to third-party websites. 11.2. We are not responsible for any third party content, service, or information. 11.3. Any dispute between you and a third party should be resolved directly with the third party, and we will take no part in such dispute and will have no responsibility. However, we would like to hear from you if you have encountered any problem with a third party provider on our Site. You should contact us with details of the problem and/or dispute at firstname.lastname@example.org
13. Booking Process13.1. On finding a property you would like to book, you need to press the booking button. A message will then be sent to the Host to confirm your request. Once the Host confirms your request, you can complete the booking by paying with your credit card or PayPal account. 13.2. Booking confirmation must occur within 24 hours, if not the Guest has the right to decline the accepted booking. If the Guest chooses to continue with this booking, they must re-enter payment details. 13.3. A booking is confirmed only once the payment is completed. In any stage before the payment, the Host can accept another booking or cancel without notice. After the payment, for both Host and Guest, the Host Cancellation Policy and Booking Refund Policy govern the terms of any subsequent modification or cancellation to the booking. A Host is obligated to select and offer one of the options Cancellation Policies to paying Guests. 13.4. Once a booking is completed and paid, we will send an email to both the Host and Guest with the full contact details of each other for further communication, as well as the property address. 13.5 The terms for modifications or cancellations of confirmed bookings are governed by the listing price, cancellation policy and house rules agreed to by Guest and Host upon Host acceptance of the booking request. These terms are provided by email to the Guest in the booking confirmation. Any changes to the listing price, cancellation policy and house rules after confirming a booking are not relevant if the event of cancellation or modification of the original booking. . 13.6. FlatClub reserves the right to request verification of a host’s identity, in the form of government issued ID cards, such as passports & driving licenses. 13.7. If the booking is made on behalf of someone else, the host needs to be notified of the guest's name two weeks in advance before the check in date.
15. Cancellations and Refunds15.1. If a Guest wishes to cancel a booking, a refund, if applicable, will be determined by the terms of the Booking Refund Policy. The Booking Refund Policy also covers obligations of the host to the guest in association with a confirmed booking made through FlatClub and may supersede the Host Cancellation Policy in certain cases as determined by FlatClub. 15.2. Our Commission and Fees are non-returnable and non-refundable, even in the event of cancellation by Guest, unless a valid Booking Issue claim is made by the guest . 15.3. If a Guests withdraws a booking request before Host confirmation, their payment will be released, and they will incur no penalty. 15.3.1. If a Guest cancels a booking after the Host has confirmed their booking request, the terms of any modification or cancellation will be governed by the terms of the Host Cancellation Policy selected by the Host on their Accommodation Listing and the Booking Refund Policy, if applicable. 15.3.2. Some Guests who are registered users of FlatClub VIP booking services or other partnership booking services may have special rights with regards to the maximum penalties imposable on cancellation or modifications related to their booking. 15.3.3. Host are responsible for informing themselves about special conditions that may be associated with Guests who are registered users of FlatClub VIP or other partnership booking services. 15.4. If, as a result of booking cancellation or modification, the Host was paid a sum greater than the adjusted total amount due, it is the host's responsibility to a) return funds paid out to FlatClub so that an adjusted payment can be issued, or b) refund the balance required, as defined by FlatClub, directly to the Guest. 15.5. If, as a result of a booking cancellation or modification, the Host is in possession of a sum greater than the adjusted total amount due, the host must take action to return the funds paid to FlatClub, or to the guest within 72 hours. 15.6. If a Host cancels a booking the Guest will receive the entire payment made to the Host as a refund. 15.6.1. In the event of a Host Cancellation, the Guest will also receive information from us regarding alternative listings. 15.7. If a Guest cancelled and did not spent nights in a property the entire sum of Host Cleaning Fees, Administration fees, Utility Fees, Tax Fees or any other fee additional to the rent subtotal (nights spent X rate applied) will be refunded in full. These fees are not eligible for inclusion in cancellation penalty charges if the guest did not spend nights.
16. Security Deposit16.1. A Host may decide to ask for a deposit (“Security Deposit”), this will be displayed clearly in the flat description, the payment of the deposit will be done after booking is completed. 16.2. In selected cases, FlatClub, at its own discretion, will act as the Security Deposit Collection Agent and collect the Security Deposit from the Guest on the Host’s behalf after a Booking is confirmed. In these cases, Guests has forty eight (48) hours to complete the Security Deposit transfer to a designated FlatClub bank account. 16.2.1. If a Host makes a claim against the Guest’s Security Deposit in the bookings where FlatClub acted as the Security Deposit Collection Agent for the Host, FlatClub will determine the validity of such claim at its discretion and deduct the Security Deposit paid by the Guest within a reasonable period of time after the Guest’s check-out from the Host’s Accommodation and transfer to the Host’s account. 16.2.2. If a Host makes a claim for the Security Deposits in the bookings where FlatClub acted as the Security Deposit Collection Agent for the Host, Guest and Host agree that all determination made by FlatClub shall be binding and final, the Guest also agrees FlatClub may deduct, or make other adjustment, to the Security Deposits to compensate the Host in accordance to the aforementioned determination. 16.2.3. If a Guest fails to transfer the Security Deposits to the designated FlatClub bank account within the timeframe provided, FlatClub will notify the Host and the Host will be responsible to collect the Security Deposit directly from the Guest. 16.2.4. FlatClub will use reasonable efforts to address Hosts’ request and claims related to Security Deposits, but FlatClub is not responsible for administering any claims by Hosts regarding Security Deposits and disclaims any and all liability in relation to this subject. 16.2.5. If FlatClub determines a Host’s claim for the Security Deposit is valid, FlatClub will transfer the amount up to what was collected from the Guest in the form of the Security Deposit and FlatClub will not be responsible nor liable for any damages occurred during a Guest’s stay. 16.3. Unless the booking falls under the selected cases specified in section 16.2, the Security Deposit will be collected directly by host. FlatClub does not process these Security Deposits, and will not be held responsible for any safety deposit- paid or unpaid. FlatClub advises Guests not to transfer Security Deposits to Hosts prior to their arrival at the Accommodation. In any case where the Host requests a Security Deposit before check-in, please contact FlatClub immediately and do not transfer any fund, Security Deposit or otherwise, without our approval.
17. Damages17.1. Guests are responsible for leaving the Accommodation in the same condition that Guests arrived at. You agree that, as a Guest, that you are responsible for your own acts and omissions, as well as any individuals whom you invite to or provide access to,the Accommodation. In the event of a Host claiming otherwise and providing evidence in this regard, you agree you pay the cost of fixing the damage directly to the Host. Any dispute related to damages, or any other dispute will be solved directly between the Guest and the Host, and FlatClub is not a part of such a dispute. 17.2. In selected cases specified in section 16, in the event that a Host makes a claim and provides evidence of damage, including but not limited to photographs, Guests agree to pay the cost of replacing the damaged items with equivalent items, or compensate the equivalent value of the items in the form of your Security Deposit. After being notified of the Host’s claim, you are given forty-eight (48) hours to respond to, or dispute, the claim. FlatClub will determine the validity of the claim at its discretion and payment will be charged from your Security Deposit. FlatClub also reserves the right to charge the credit card on file in your FlatClub Account, or other available avenues to FlatClub, to remit payment for any damage to the Accommodation during your stay to the applicable Host or to FlatClub (if applicable).
18. Payments – Our commission and fees are non refundable18.1. Publishing, advertising or posting a property is free; however FlatClub charges a fee for transferring funds to your selected account. 18.2. Fees are payable by anyone who earns money through the Services including a Host or users who invite friends and get paid for their friends' bookings. You can find our fee prices in the FAQ Help page or Edit Profile pages. 18.3 The amount of the fee varies according to the payment transfer method and the size of the transaction. UK bank transfers are free of charge. Fees are deducted from the total sum of the funds transferred. If the fee is larger than the sum transferred, we will not transfer the payment. 18.4. You must select your payment method in the "Profile" page, in order for us to be able to process your payments. 18.5. Our commission is added to prices posted by Hosts, therefore, it is paid by the Guests. You can find our prices in the FAQ Help page. 18.6. As a Host, Guest or User you agree to pay the relevant fees and commission. We reserve the right to deactivate and remove any accounts of users attempt to circumvent or avoid payment of our fees. 18.7. Fees and commission are non-refundable and non-returnable under any circumstances. If you cancel your booking according to the cancellation policy, the commission paid is not refundable, and you will only receive the amount you paid minus our commission. 18.8. Payments to the Host are transferred 72 hours after check-in. However, We might hold or delay a transfer if we suspect that the Host has violated these Terms or if we suspect fraudulent activity in which case we may contact the authorities as required by law. 18.9. Once a payment is successfully made, it can take up to 10 working days for your bank account or other account to reflect this payment. 18.10. Payments to users for their invited friends' booking are made upon request. A user must contact us from the "Friends' Booking" page in order for us to process the payment. Once a user has requested to be paid, it might take up to 45 days to process the payment, however payment is normally transferred on the 1st of every month for all payment requests accepted in the previous calendar month. 18.11. Guests may elect to pay in instalments if they stay over 30 days in a Host’s flat. If the Guest chooses to cancel further instalments. These instalments will be automatically deducted at a given date from the Guest’s provided bank account. 18.12. We may put a hold on a payment to a host or cancel payment to a host if we suspect fraudulent activity by either the guest, the host, or both. We may request a host to reverse a payment we have made in case we suspect a fraudulent activity. 18.13. As a host, you agree that receiving payment is contingent upon FlatClub successfully collecting funds from the guest and that should such payment not be collected, or reversed, FlatClub may suspend or cancel host payment, or ask to reverse a payment to a host. 18.14. As a host, you agree to notify FlatClub within 24 hours of check in if a guest has not arrived or not checked in. If you do not notify us, we might cancel the transaction or the payout without notice and we will not be responsible for the payment to you. Notifying us is not a guarantee that you will be paid for this booking. If you do not notify FlatClub within 24 hours of check in, FlatClub reserves the right to request a complete refund to funds that FlatClub transferred to you. However, FlatClub does not guarantee to guests that any payments made or owed to FlatClub will be refunded.
19. Intellectual Property19.1. FlatClub respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact Us immediately at email@example.com. 19.2. All copyright, trademarks, and any other intellectual property rights in and relating to this Site and the Services, are licensed to or owned by us. You agree not to copy, reuse or embed any information, whether belonging to us or owned by third parties affiliated to us, found on this Site or in the Services without the prior written consent from us. You are not permitted to incorporate pages from this Site in framesets on another website without giving us proper attribution and notifying all visitors to that website of your site that the ownership of the information lies with us.
20. ChildrenWe do not provide Services for children, and users under the age of 18. If you are under 18, you are not allowed to use the Site or the Services.
21. ClubsFlatClub clubs are not related to any company, corporation, university or school. The use of logos is only to signal that users with a valid email address related to these logos can log in with this email address. We are not related to the companies or universities which logos are presented in the Site or the Services. Any company, corporation, university or school whose logo is depicted on the Site or via the Services is not liable for: 1) any issue encountered by a club member related to the actions of booking accommodation or renting, leasing or subletting property. 2) Any issue encountered by a user related to payment or receipt of funds for booking accommodation or renting, leasing or subletting property. 3) Any damages to personal property, or property owned by a third party landlord, encountered by a user acting as a Host or a Guest, during the course of a rental, lease or sublet arranged through us.
In the event of your moving out of the property before having paid back the 3 PayLater - Deposit instalments to FlatClub, you will still be bound to pay these to us in entirety.
23. WARRANTY DISCLAIMERTHE SITE SERVICES PROVIDED BY FLAT-CLUB OR ANY OF OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY OR USER. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
24. INDEMNITYYOU AGREE TO INDEMNIFY AND HOLD HARMLESS FLATCLUB, ITS SUPPLIERS, ITS AFFILIATES, ITS SUBSIDIARIES, (INCLUDING ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, LEGAL REPRESENTATIVES, ADVISORS, SUCCESSORS AND ASSIGNS), FROM AND AGAINST ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND PROFESSIONALS' FEES AND COURT COSTS) ARISING OUT OF ANY THIRD PARTY CLAIMS BASED ON OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES OR ANY BREACH BY YOU OF THESE TERMS.
25. LIMITATION OF LIABILITYIN NO EVENT SHALL WE OR OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) £100, OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SITE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
26. Refer a friend program25.1. FlatClub offers a refer a friend program to everyone who booked at FlatClub. For every successful booking over 30 nights made by a referral, the FlatClub user receives £25 as a refund to the payment method used on FlatClub after the referred user checked into the accommodation.
25.2. A FlatClub user can make up to 10 successful referrals, totaling £250.
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These remember the login details of users 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. Facebook Cookies
These allow you to login and use the Site and our Services through Facebook, saving you from having to sign up and helping us identify you as a trusted club member. For more information please go to https://www.facebook.com/help/ and http://www.facebook.com/about/privacy/. Google Analytics Cookies
These cookies, gathered by Google, are for us track how well we are performing and the number of individual users we have. They count the number of times you visit the site, when the first and last visits were and how you came across FlatClub in the first place. Your browser tells us if you already have these cookies and if you don't we generate new ones. The information gathered from these cookies is completely anonymous.
How do I turn cookies off?If you are not happy to accept cookies automatically you can change the settings in your browser to prevent automatic acceptance and erase them if you so wish. 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. Disabling cookies will reduce your user experience of our website. Cookie settings in Internet Explorer
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For more information on cookies, click here. By continuing to use our site, you agree to the above cookies being placed on your device. If, having consented, you later wish to withdraw this consent please follow the above instructions for your browser to remove all cookies from www.flat-club.com. If you have any question, please contact us at firstname.lastname@example.org