Terms of Use

 

 

Information about us

FlatAway is a reservations website provided by Flat Manager Ltd, a company registered in Bulgaria under UIC BG202684022. Flat Manager is a short-term rental management company, which operates all properties listed on FlatAway.

Using the Platform:

You must be [18] years or older and capable in your country of residence of entering into a legally binding agreement to use the service our Website offers.

It is your responsibility to ensure the information provided to us is accurate and up to date.

You may be contacted by us to verify your identity and request any additional documentation that we may need for that purpose, in compliance with applicable laws and regulations.

 

Your relationship with us

This document and any documents referred to within it (collectively, the “Terms of Use”) set out the terms of your relationship with us. It is important that you read and understand the Terms of Use before using the FlatAway Website. If there is anything within the Terms of Use that you do not understand, then please contact us at [email protected] to discuss what this means for you.

By using and accessing the service you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not browse the listings, send reservation inquiries or otherwise access or use the service.

You acknowledge that the properties identified in the Listings are not owned, by us, but by third party individuals (“Hosts”) who have each entered into an agreement with us to rent their properties to Guests (you) through the FlatAway Website.

When you submit a request to make a reservation for a Listing, and this is accepted by us on behalf of a Host, you enter into an agreement with the Host to rent the relevant Listing (a “Reservation”), which will be subject to additional terms and conditions specified in the Listing. We are not party to any agreement for the rental of any Listing. We serve as an intermediary by representing the Host and we perform all actions in the name and for the account of the Host. You are responsible for ensuring that any person to whom you grant access to any Listing complies with the Terms of Use as if they are a party to the Terms of Use, and you shall be responsible for any acts and omissions of any such other person as if they are your acts and omissions.

Fees and payments

The Use of the FlatAway website is provided free of charge.

In order to make a Reservation, you will be required to pay a reservation fee to the Host, as detailed in the relevant Listing (the “Reservation Fee”).

Once your reservation is accepted, a confirmation email will be sent with payment instructions. The full payment is expected within 3 business days upon receiving the payment instructions email or at least one day prior to the start of the reservation, whichever event comes sooner.

Cash payments are not accepted under any circumstances.

If a Reservation is extended you will receive additional payment instructions.

If your request to make a reservation is rejected, the Reservation will not be confirmed and you will not be charged any Reservation Fees.

We will act as a payment collection agent for the Host, for the sole purpose of facilitating payment of the Reservation Fee from you to the Host.

In case a confirmation email with payment instructions has been sent and no payment was made, you will be contacted via email to confirm and provide proof of payment. If no response is provided by you in the following 24 hours, your reservation will be automatically canceled without further communication from our side.

All amounts (including Reservation Fees) stated or referred to in the Terms of Use are listed in the Listings in Euro (EUR).

Applicable Taxes

All taxes are included in the Reservation fee.

In the rare case where any additional taxes are applicable, you will be notified in the confirmation email for your reservation.

Change of Reservation

You may modify or cancel a Reservation through by contacting us at [email protected].

Any modification or cancellation may be subject to additional terms and conditions as notified to you prior to your confirmation of a request to modify or cancel a Reservation, including the terms and conditions set out in this clause.

Cancelation Policy and Refunds

If you cancel a Reservation, the following amounts of the Reservation Fee will be refunded to you:

    • If you cancel your reservation thirty (30) days or more prior to the first day of your reservation, you will receive full refund of the Reservation Fee, with exception of any transaction costs FlatAway we may incur. These will never exceed 2% of the Reservation Fee.
    • if you cancel your reservation between thirty (30) days and 2 weeks before the first day  of your stay, you will receive a refund of 50% of the Reservation Fee;
    • if you cancel your reservation fourteen (14) days or less before the first day of your reservation, you will not receive any refund of the Reservation Fee;
    • if you cancel your reservation during the period of your stay (for example,  if you want to check out before the agreed check-out date),  you will not receive any refund of the Reservation Fee;

If you check out three (3) or more hours after the check-out time, as notified to you on the reservation confirmation, you will be charged for one (1) additional night for late check-out, as notified to you on the reservation confirmation email. This additional fee will be calculated at the same daily rate as your Reservation Fee.

If the Host cancels your Reservation, you will receive a full refund of the Reservation Fee and, at your request, we will assist with relocation options.

FlatAway Users Rights and Obligations

The FlatAway Website or in some cases our third party providers own all materials and content, and we give you permission to use these materials and content only for the purpose of using the service in accordance with these Terms of Use.

You agree that you have no rights in or to any share of the service other than the right to use the service in accordance with these Terms of Use.

You confirm you are aware you are not given a right to use the “FlatAway” or “Flat Manager” names, trademarks, logos, domain names and other distinctive brand features other than as allowed in these Terms of Use.

You also agree:

·       not to copy any portion of our service;

·       not to give, sell or make available any portion of our service to anybody else;

·       not to change or attempt to change our service in any way;

·       not to look for or access the code of our service that we did not specifically shared for general use.

In addition to the other requirements within these Terms of Use, this section describes specific rules that apply to your use of the service (the “FlatAway Users Obligations “).

When using the service, you must not:

  • avoid, restrict or otherwise interfere with any security related features of the service or features that prevent or restrict use or copying of the content accessible via the service;
  • give any false or misleading information or authorize another person to use the service under your name or on your behalf;
  • impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to us, if this is not the case;
  • use the service other than for its intended purpose as set out in the Terms of Use;
  • use the service if we have suspended your access to it, or have otherwise banned you from using it;
  • modify, interfere, intercept, disrupt or hack the service or collect any data from the service other than in accordance with the Terms of Use;
  • misuse the service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the service or the equipment of any user of the service; or
  • use any automated system, including without limitation “robots “, “spiders “or “offline readers“  to access the Service in a manner that send more request messages to the Service than  a human can reasonably produce in the same period of time.

Failure to comply with the FlatAway Users Rights and Obligations creates a serious breach of the Terms of Use, and may result in our taking all or any of the following actions (with or without notice):

  • immediate, temporary or permanent, restriction of your right to use the FlatAway Website and service;
  • issuing of a warning to you;
  • legal action against you including proceedings for reimbursement of all costs (including, but not limited to, administrative and legal costs) resulting from the breach;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Terminating our relationship

You should terminate the use of FlatAway Website in case you do not agree with the Terms of Use or any updates made to the Terms of Use or the service.

You may end your use of our service at any time, for any reason.

We may immediately terminate your use of our service if you break the Flat Away Users Rights and Obligations, any other important regulation(s), or the Terms of Use.

If you or we end your use of the Flat Away Service or we restrict the service as described in this section, we may delete or modify any information we hold about you.  You will also lose any rights you have to use the service or access our content.  We will not offer you compensation for any losses.

The termination of your use of the Flat Away service shall not affect any of your obligations to pay any amounts due to us.

Liability

You acknowledge that we are only a representative of the Host and we are not party to any agreement between you and any Host. Accordingly, we will not be liable for any breach of a contract between you and any Host.

We do not assume any liability for any loss or damage suffered by you which is caused by any Host`s action or inaction or any malfunctions, accidents, incidents or events that may occur during your stay at the Host’s property.

You agree to accept liability for, and to reimburse us and the Host for any loss, or damage, liability, or expense that we may suffer as a result of any claim or action brought against us and as a result of your use of the service (except to the extent caused by our negligence or as otherwise expressly stated in the Terms of Use), or in relation to any Reservation (including for any damage to property), whether in contract (including for any breach of the Terms of Use or any agreement between you and any Host), tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise.

We will ensure that the service of FlatAway platform is available during normal business hours.

Unfortunately, due to the nature of the Internet and technology, the service is provided on an “as available“ and “as is“ basis. This means that we are unable to promise that your use of the service will be uninterrupted, without delays, error-free, or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.

In the event of a claim arising out of the provision of the Service, our responsibility to you will never be more than the amount you have paid through the Service in the three (3) months prior to the claim arising and, in the event that you have not made any payments through the Service, our responsibility to you will never be more than [euro100].

In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.

Nothing in the Terms of Use excludes or limits our liability to you, or your statutory rights as a consumer, if the law of the country where you live does not allow the exclusions or limitations of liability provided for in the Terms of Use.

Resolving arguments

If you have a dispute with us relating to the service, in the first instance please contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving the dispute.

If a dispute arises between you and a Host in connection with a Reservation, then you may refer the dispute to us by contacting us at [email protected] , in which case we will review the dispute and provide reasonable assistance to resolve such dispute informally by acting as a mediator between you and the Host. For the avoidance of doubt, we are under no obligation to resolve any dispute between you and a Host to the satisfaction of both you and the Host, and nothing in this clause shall prevent you (or the Host) from commencing or continuing court proceedings in relation to the dispute.

Service Improvements and Updates

We are constantly updating and improving our service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies and to meet our customers’ needs of use of the Internet and our service.

We may need to update, reset, stop offering and/or supporting a particular part of the service, or feature relating to the service. These changes to the service may affect your past activities on the service and features that you use. Any changes to the Service could involve your service elements being deleted or reset.

You agree that a main characteristic of our service is that changes to the service will take place over time and this is an important basis on which we grant you access to the service. Once we have made changes to the service, your continued use of the service will show that you have accepted any changes to it. You are always free to stop using the Flat Away Website.

We will try, where possible and reasonable, to contact you to let you know about any significant changes to the service.

Documents Updates

We may revise these Terms of Use from time to time but the most current version will always be published on flataway.eu.

Changes will usually occur because of new features being added, changes in the law or where we need to clarify our position on something.

We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in the Terms of Use. We may contact you through the Flat Away platform (for example by asking you to accept the changes before you continue to use the Flat Away platform) or via a separate email.

Normally, we will try to give you some warning before the new terms become effective.  However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.

Applicable Documents and Versions

The current version of the Terms of Use contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Use will no longer apply to our relationship and will be completely replaced by the current version.

We intend to rely on the Terms of Use as setting out the written terms of our agreement with you for the provision of the service. If any part of the Terms of Use cannot be enforced, then the remainder of the Terms of Use will still apply to our relationship.

If you do not comply with the Terms of Use and we do not take action immediately, we still may take actions in the future in accordance to the respective laws and regulations.

Diversification

If any provision of the Terms of Use is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the remainder of the provisions.

Third Party Rights

A person who is not a party to the Terms of Use may not enforce any of its terms.

Law

Bulgarian law will apply to all disputes and the interpretation of these Terms of Use. The Bulgarian courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the service.

Contact, feedback and complaints

If you need to contact us in relation to these Terms of Use or any other document mentioned in them, please email us at [email protected].

We value hearing from our users, and are always interested in learning about ways we can improve the service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.