Website(also referred to as Flatigo) - websites that are in the domain flatigo.com with their integral parts. Grupa iTur.pl Sp. z o.o. registered in the District Court for Łódź-Centre in Łódź, XX Division of the National Court Register under KRS number: 0000363945 is the Website Operator;
User - any person who uses the website Flatigo;
Accommodation - bed, room, apartment or house for rent offered via the Website;
Host - a registered user who posted an offer of accommodation on the Website;
Guest - a registered user who made a reservation of accommodation through the Website;
Contents - text, graphics, photographs, images and multimedia (audio and video) posted on the site.
- GENERAL PROVISIONS
- 1.2. By registering on the site, a user agrees to the terms hereof.
REGISTRATION ON THE SITE
- 2.1. Flatigo provides an online platform to include the contents of offers, networking and the preparation and conclusion of the lease. Rental agreements are solely between a host and a guest.
- 2.2. Flatigo neither offers accommodation, expresses declarations of will, nor participates in concluding agreements between the users. The implementation of agreements between users is only on their side.
- 2.3.Flatigo acquires a claim for payment for rental of accommodation immediately after the conclusion of an agreement between users. Flatigo makes a claim from the Guest on their behalf and on their own account.
- 2.4. Offers of rental and contents published by users on the website are not verified by Flatigo in terms of their legality, accuracy or completeness and do not represent the views of Flatigo. Flatigo bears no responsibility for the offer and the contents published by third parties. Irrespective of the above provision, Flatigo reserves the right to delete offers and contents which might violate provisions of law or are in contradiction with social customs.
- 2.5. Flatigo will endeavor to ensure the uninterrupted operation of the website. Flatigo reserves the right to temporary interruptions and restrictions in this area, as a result of maintenance or upgrades.
- 3.1.In order to gain access to some functions of the website, especially those connected with making a booking or offering accommodation, you need to register. The registration process is available through appropriate forms in the system or by connecting via your external account (e.g. Facebook).
- 3.2. Registration on the site is free.
- 3.3.Registration is allowed only for adults with capacity to legal action. During registration, only one person can be listed as the owner of a user account ( joint registration for a married couple or family is not permitted). It is forbidden to have more than one active account on the site.
- 3.4 During registration the user is obliged to provide accurate, current and complete information required on the registration form, in particular, first and last name and a valid e-mail.
- 3.5.During registration, a user selects a password and gives email address which shall constitute user’s name. This data will enable to log in to the system. User’s name must not be harmful to other names, trademarks, other people’s rights or violate good customs.
- 4.1.User is required to provide valid and accurate information on their account, and in the case of any changes he is supposed to correct it immediately. The user account shall not be transferable and inherited.
- 4.2. The user is obliged to ensure that their account is used only by them and for the same purpose they are obliged to preserve the secrecy of their password.
- 4.3.User is responsible for all actions made while using their account. User bears responsibility for abuses that occurred on his account as a result of negligence or carelessness, and if the abuse occured as a consequence of culpable action or negligence by Flatigo.
- 4.4.User is required to notify Flatigo immediately in the case of suspicion that a third party gained access to their account. Then Flatigo shall block the user’s account until clarification. Expenditure incurred on this account until the lock must be paid by the user, unless the disclosure of data is Flatigo’s fault.
- 4.5.Due to limited ability to identify people on the Internet, Flatigo performs only basic control of registration data. Consequently, despite the use of various security measures, Flatigo cannot eliminate the risk of providing inaccurate data to the user’s account. Thus, each user must be convinced of the identity of the party they conclude agreement with.
- 4.7.Users are required to keep an archive of any visible information on the website and the information stored by Flatigo which they consider necessary for their own purposes of evidence, accounting, etc.
CONCLUSION OF LEASE AGREEMENT
- 5.1.User shall be responsible for the completeness and accuracy of the information about the offered accommodation. They must provide at least the information in the mandatory fields in the forms as to present an offer as closely as possible. In addition, demanding additional conditions (e.g. a deposit) depends solely on the Host. Cancellation policy should be selected among the available options.
- 5.2. Host undertakes to give a reliable and accurate description of the accommodation to make a Guest form an adequate opinion about it. The offer includes all the features of the place, which may be vital to the Guest’s decision, including faults and defects which largely reduce its value.
- 5.3.Host undertakes to include relevant information in the offer if some objects in the room or place of accommodation are to be excluded from use, or if other rules of behavior shall be included in the agreement.
- 5.4.It is forbidden to publish information which could violate the established rules, violate the rights of third parties or good morals. User is obliged to provide contents that comply with the binding law and rules of social coexistence.
- 5.5.Users must not use addresses and contact details, which were obtained by usage of the site for any purpose other than communication before and during the conclusion of an agreement. In particular it is prohibited to sell the data or using it for sending ads.
- 5.6.Providing contents, a user grants non-transferable, unlimited rights to the data to Flatigo, in particular for processing, archiving, reproduction, distribution, in whole or in part, in its sole discretion, and for the use in mobile devices and traditional media (press, radio, television). User has the right to require to delete the contents at any time, nevertheless it will result in deleting it from the website.
- 6.1.If a Host includes an offer of accommodation on Flatigo website, it constitutes a non-binding invitation to negotiation related to the use of property under certain conditions, which may results in conclusion of the lease.
- 6.2.User can use an option to make a reservation for a specified period. The agreement will become binding if the host accepts the guest’s reservation within 24 hours in accordance with the procedures adopted by Flatigo.
- 6.3. When agreement is concluded between users, Flatigo shall notify the parties to the contract by sending a confirmation e-mail message. Flatigo shall also transmit users’ data necessary for the contract and the total cost, which consists of the price of accommodation, along with the due fees and commissions from Flatigo indicated in the offer.
- 6.4. Host agree not to add any additional charges over total cost specified in the offer of accommodation.
- 6.5. Collecting any deposit (security deposit) occurs directly between users. Flatigo does not mediate in collecting or returning a deposit. Host, however, is liable to provide a relevant information about the requirement of paying a deposit and its amount.
- 6.6. Guest pays the total cost resulting from the booking through the eCard system:
- a) wire transfer (eTransfer) - The Guest making selects one of the available on-line methods of payment and is redirected to a bank transaction system. After logging in Guest receives ready to accept transfer form with the appropriate amount, transfer name and payee’s data;
- b) by credit card;
- c) through PayPal system.
- 6.7. If the Host does not accept bookings within the prescribed time, it ceases to be binding. Then Flatigo shall instruct the eCard system to make total return payment to the user who made the booking.
- 6.8. In the case of concluding an agreement the payment will be taken from the eCard system and stopped by Flatigo on non-interest bearing deposit account to be transfered to the Host. In the case when the user does not pay the amount, they shall be obliged to pay the incurred costs to the extent of their guilt to Flatigo’s account.
- 6.9.Guest transfers to Flatigo the obligation to pay the cost of rent, net of fees and commissions.
- 6.10. The parties agree that the rental fee is payable only after 24 hours from the check-in of the Guest. 6.11. The risk of uncollectability of the claim from the Guest shall be borne by Flatigo. In the case of suing a claim from Guest, Host shall provide Flatigo full and true information, necessary for judicial asserting the claim. Flatigo reserves the right to include the Host in the court proceedings under provisions of the Code of Civil Procedure.
- 6.13.Flatigo collects fees and commissions related to the pefromed transactions from the users. Flatigo committed to the publication of current information on the site ( http://flatigo.com/info/terms ).
- 6.14. The host is responsible for verifying the identity of any individual guest, as Flatigo, despite best efforts, cannot exclude the possibility that your data is false.
- 6.15. The host is obliged to be able to lease the property offered to the tenant for a fixed period. For this reason, host and guest shall settle necessary details (location, time, etc.) immediately after conclusion of the contract.
- 6.16. Flatigo allows the hostr to determine the conditions of cancellation according to the available options ( http://flatigo.com/info/terms ). Selected by the Cancellation policy option selected by the host becomes a binding part of the agreement between the host and the guest. In addition, the agreement between the host and the guest may be cancelled only if both parties agree to the cancellation, and if such consent is expressed at least in writing via unanimous e-mails.
- 6.17. As a result of cancellation by the Guest thr claim ceded to Flatigo ceases to exist and the value of the claim shall be automatically reduced by the amount resulting from the agreed cancellation policy. In such a case, accrued fees and charges are not refundable by Flatigo.
- 6.18. The Host generally cannot cancel the reservation, however, if for any reason they are not be able to keep the lease contract, then they obliged to report this fact to Flatigo without undue delay. In such a case the deposit shall be refunded to the guest and the host shall be obliged to pay all fees and commissions of both sides, which would be collected if the contract took effect.
- 6.19. Icase of any problems with accommodation, Flatigo gives opportunity to make a complaint within 24 hours from the check-in of the guest. Filing a complaint must be made in writing (e-mail) with the exact justification. Then Flatigo shall try to find a common solution to be accepted by the host and the guest in writing (e-mail).
- 6.20. The parties agree that in the case of a common the price of accommodation may be reduced later, and the ceded claim shall be null and void from the beginning in its full amount. Then Flatigo shall refund the difference between the initial price of the accommodation and the price agreed between the host and the guest at a later date.
- 6.21. In exceptional circumstances, when there are clear premises indicating that requirements haven’t been met (e.g. accommodation is inconsistent with the offer, the guest does not meet the requirements or someone suspects fraud) the lease can be broken. The parties agree that Flatigo makes a decision in such a case. The user may be burdened with the amount equal to the fees and commissions which were due to Flatigo in the situation of implementation of the agreement.
TERMINATION OF THE AGREEMENT WITH THE WEBSITE
- 7.1.Flatigo allows its users to post reviews about each other after renting accommodation. Ratings may testify of the honesty of the user.
- 7.2.Opinions are in no way moderated by Flatigo and may be inaccurate or misleading.
- 7.3. The user is required to post only truthful information and respect the law. The opinions expressed by the user must not violate the rights of third parties, in particular, personal dignity. They must be objective and must not contain defamatory criticism.
- 7.4. Users are forbidden to write reviews about themselves or encourage third parties to include circumstances that are not related to the contract or express an opinion for any purpose other than related to the purpose of the site.
- 7.5. Flatigo does not interfere in published opinions. Opinions cannot be changed after they are posted. They are permanently stored in the user’s profile and are visible to all users.
- 7.6. Users can be held liable for damage to the reputation of another person.
- 7.7. In the case of misuse of opinion system by the user, Flatigo reserves the right to remove reviews and to take certain actions, especially when:
- a) the opinion must be removed because of the final decision of the court;
- b) opinion contains vulgar, obscene, racist, harmful or offensive contents
- c) the opinion contains personal data of another user, including for example, your name, phone number or e-mail
- d) opinion contains content that suggests that law enforcement authorities or Flatigo brought proceedings;
- e) the opinion contains links to other pages or scripts
- f) a user posted an opinion on the wrong user by mistake, but repaired their mistake and posted the same review in the proper user profile
- g) the opinion was posted by someone who was not entitled to do so;
- h) the opinion is by a user whose account has been blocked by Flatigo.
- 7.8. If both parties agree, they may withdraw the opinion. The opinion will be withdrawn and will not be visible in the profile. Content will be retained and supplemented with the reason for withdrawal.
DISCLAIMER OF LIABILITY
- 8.1. This agreement between the user and the website has been concluded for indefinite period of time.
- 8.2. You may terminate the contract at any time. Written notification of termination of the agreement with Flatigo (e.g. by letter or e-mail) is sufficient. Termination by the user does not affect existing lease agreements with other users. The same applies to fees and commissions.
- 8.3.Flatigo can terminate the agreement with the user with immediate effect.
- 8.4. The right to terminate the agreement due to justified reasons, as well as individual arrangements concerning the rights to terminate the agreement shall not be affected. Flatigo regards a justified reason as in particular when:
- a) the user does not fill a significant liability for the payment in whole or in part, despite reminders containing the relevant date of payment sent to the e-mail address provided by the user;
- b) the user fails to comply with the obligations of the agreement with another user, and despite reminders containig the term they do not take appropriate remedial steps
- c) competent authorities, court or legal regulations indicated that Flatigo must not continue to provide their services;
- d) Flatigo ceases its business activity or closes the website.
- 8.5. Lease agreements that have already been concluded between users, remain unaffected in the case of removal of the offer. The same provision applies to fees and commissions.
- 8.6. Flatigo has the right to hinder (block) the user from using the site in perpetuity in the following cases:
- a) in the system of assessments there are repeated negative evaluation, and blocking is necessary to protect the interests of other users;
- b) contact details are false;
- c) the user’s account has been used by a third party;
- d) there are justified grounds proving incredibility of the user.
- 8.7. Once the user has been blocked in perpetuity by Flatigo, it is not possible to reuse a blocked account or register again.
APPLICABLE LAW AND VALIDITY
- 9.1. Flatigo shall not be responsible for the behavior of its users. In particular Flatigo bears no responsibility for the fulfillment of the conditions of lease agreements entered into by members, and consequently for compliance with the terms of service contained in these agreements or any compensation sued thereof.
- 9.2. The user shall be solely responsible for the offers and other contents that they post to the site or otherwise publicize. They must not be harmful, especially for personal rights or copyrights of third parties.
- 10.1. This Agreement shall be governed by the law of the Republic of Poland in all matters.
- 10.2.Flatigo reserves the right to transfer its rights and obligations under this contract in whole or in part to third parties.
- 10.3. If any individual regulations of these terms is or becomes wholly or partially invalid, the remaining terms shall remain in force. In the event of such invalidity the parties will replace the invalid provision with similar, legally binding substitute provision. The same procedure applies for loopholes.
- 10.4. Site content must not be copied or distributed without the prior consent of the owners, or otherwise used or reproduced. This applies also to copying with the usage of search engine technology or through other mechanisms.
- 11.2. A complaint may be submitted by email on the email email@example.com with the message title „Complaint”. A complaint should contain at least the user’s email address which is used on Flatigo along with the description of the claim.
- 11.3. If the data included in the complaint require completion, Flatigo asks the user to complete it in the specific area before considering a claim.
- 11.4. Flatigo considers a complaint within 14 days from the date of receipt in the correct form.
- 11.5. A reply to the complaint is sent only to the email address ascribed to the user’s account. In justified cases Flatigo may send a reply to another email address which was indicated by the user making a complaint.