Terms of Use

Platform Users (Guests)

Last update: 25.09.2024

1. Introduction

Welcome to Flataway, a members-only vacation rental platform that connects guests with high-quality, professionally managed properties. By using the Flataway platform, you agree to abide by these Terms of Use, which govern your access to and use of the platform and services, including booking properties, communicating with Property Managers (PMCs), and providing feedback.

2. Eligibility and Registration

To use Flataway as a guest, you must:

● Be at least 18 years old and have the legal capacity to enter into agreements.

● Provide accurate and complete registration information, including a valid payment method.

● Use the platform for legitimate purposes only (e.g., browsing vacation rentals, booking a stay or an experience).

Prohibited Use
Guests may not:

● Create fraudulent accounts or misrepresent their identity.

● Use the platform for unlawful purposes or activities that violate these Terms.

3. Booking Process

Booking a Property
Guests can browse the Flataway platform and select their desired vacation rental by inputting dates, the number of guests, and reviewing available listings. Each listing provides detailed information about the property, including amenities, house rules, and the specific cancellation policy. To complete the booking process, guests must:

● Provide accurate personal information, including full name, contact details, and any other information required by the PMC.

● Submit valid payment information, which will be charged at the time of booking.

● Review and agree to the property's cancellation policy, the Flataway Terms of Use and house rules before finalizing the booking.

Once the payment is confirmed, guests will receive a booking confirmation via email containg the host PMC’s contact details, and the reservation will be displayed in the "Bookings" section of their Flataway account.

Cancellations and Changes

Guest-Initiated Cancellations Guests can cancel their reservations at any time. The amount refunded will depend on the property’s cancellation policy. If a refund is due, it will be processed in line with the policy specified in the property listing.

PMC-Initiated Cancellations If the PMC cancels a reservation, guests will receive a full refund of all payments made. Flataway will assist guests in finding alternative accommodations at the same or lower rate, if available. If the guest chooses a higher-priced option, they will be responsible for covering the difference.

Rates and Payments

● All rates displayed on the Flataway platform are in EUR and include any applicable taxes (e.g., VAT, tourist taxes).

● Guests over the age of two are included in the calculation of applicable rates.

● Payments must be made in full at the time of booking, and no partial payments are accepted.

● Flataway accepts major credit and debit cards, as well as digital wallets supported by Stripe.

● Guests are responsible for ensuring that their payment method is valid and has sufficient funds to cover the full cost of the booking.

No Service Fees
Flataway does not charge guests any service fees. The total amount displayed at the time of booking includes all fees and taxes applicable to the property.

Payment Disputes

In the event of a payment dispute, Flataway will act as the intermediary between the guest and the PMC. All disputes should be reported within 72 hours of the issue arising. Flataway will review the details of the dispute, including reservation records, communication, and any other relevant information. A resolution will be sought in accordance with Flataway’s policies and the terms agreed upon at the time of booking. If a refund is necessary, Flataway will handle the process and ensure that the correct party is reimbursed or charged.

4. Guest Conduct Policy

Respect for the Property
Guests are required to treat the property with care and respect. This includes adhering to all house rules provided by the Property Manager (PMC) and ensuring the proper use of amenities, furnishings, and appliances. Guests are fully responsible for any damage caused during their stay.

House Rules
Guests must follow the specific house rules set by the PMC. These rules may cover, but are not limited to, restrictions on noise levels, smoking, parties, and the use of property amenities. Failure to comply with house rules may result in fines or eviction.

Occupancy Limits
Guests must adhere to the occupancy limits specified in the property listing. Exceeding the maximum occupancy may lead to immediate eviction without any refund for the remaining duration of the stay.

Pets and Animals

● Pets must be house-trained and must not be left unattended at the property.

● Exotic animals are not permitted in any property.

● Service animals are allowed at all properties, regardless of the pet policy, provided that the guest informs the PMC in advance.Guests must provide documentation to the PMC if they are bringing emotional support or service animals.

Communication with Property Managers
Guests are responsible for maintaining clear and timely communication with the PMC, particularly in the event of an issue or emergency. Failure to communicate effectively may affect the resolution of disputes or claims.

5. Damages and Claims

Guest Responsibility
Guests are responsible for maintaining the property in good condition throughout their stay. Any damage to the property, its contents, or any lost items will be the responsibility of the guest. Guests must report any damage or issues with the property to the PMC as soon as they occur.

Damage Assessment
Upon check-out, the PMC or a designated representative will inspect the property to assess its condition. If any damage is found, the PMC will document the issue and notify the guest of their findings within 48 hours of check-out.

Claims Process
If damages are discovered, the cost of repair or replacement will be estimated, and a claim will be filed against the guest’s payment method on file. The guest will be notified of the damages and associated costs via email. Guests will have the opportunity to dispute the claim or provide additional information before any charges are processed.

Dispute Resolution
If a guest disputes any damage claims or charges, Flataway will facilitate communication between the guest and the PMC to seek a resolution. Flataway may act as a neutral mediator in the process, but its decision will be based on the evidence provided and will be considered final.

Consequences of Violations

Fines and Penalties
Violations of the property’s rules or damage to the property may result in fines, which will be charged to the guest’s payment method. The amount of the fine will depend on the severity of the violation, as determined by the PMC, in accordance with Flataway’s policies.

Eviction
In the case of serious or repeated violations, the PMC has the right to evict the guest from the property. In such cases, the guest will not be entitled to a refund for the remaining duration of their stay.

Legal Action
If necessary, Flataway and the PMC reserve the right to pursue legal action against guests who cause significant damage to the property or engage in illegal activities during their stay.

Process for Handling Disputes Between Guests and PMCs

Reporting Issues
Guests are encouraged to report any issues or disputes with the property or the PMC as soon as possible using the Flataway platform. These issues may include problems with the condition of the property, disagreements over house rules, or other concerns.

Mediation
Flataway will act as a neutral mediator between guests and PMCs to resolve disputes. Both parties are expected to cooperate and provide relevant information to facilitate a fair resolution.

Resolution Timeframe
Most disputes will be resolved within 48 hours of being reported. However, more complex issues may require additional time to resolve.

Final Decision
Flataway reserves the right to make a final decision on any dispute between guests and PMCs. This decision will be based on the platform’s policies and the evidence provided by both parties.

Guidelines for Respectful Interaction with Hosts and Neighbors

Communication
Guests are expected to maintain polite and respectful communication with both PMCs and neighbors during their stay. Clear, respectful interactions contribute to a positive experience for all parties involved.

Cultural Sensitivity
Guests are encouraged to be mindful of local customs and cultural norms, especially when staying in diverse communities. This includes respecting local traditions, being mindful of noise levels, and adhering to community standards. While cultural sensitivity is a guideline, guests must always follow local rules and regulations, as these are not optional.

Feedback
Guests are encouraged to provide constructive feedback after their stay via the Flataway platform. Positive experiences and areas for improvement are both welcome, as they help improve the platform for future users.

Guest Reviews

Guests are encouraged to leave honest reviews after their stay. Reviews should be respectful and based on actual experiences. Flataway reserves the right to remove reviews that are defamatory, offensive, or false.

5. Liability and Indemnification

Flataway’s Liability
Flataway acts solely as a platform to connect guests with professionally managed properties. While Flataway strives to ensure the accuracy of listings and the reliability of Property Managers (PMCs), Flataway itself is not liable for any issues that arise during a guest’s stay. To the fullest extent permitted by law, Flataway disclaims all liability for:

● Any injuries, damages, or losses suffered by guests during their stay.

● Any inaccuracies or misrepresentations in property listings.

● Any issues related to the condition of the property, including cleanliness, safety, or amenities.

● Any disputes between guests and PMCs, or between guests and third parties (e.g., neighbors).

Guests agree to use the platform at their own risk and acknowledge that Flataway is not responsible for the actions of PMCs or the condition of the properties listed.

Property Damage and Guest Injuries
Flataway cannot be held responsible for any property damage caused by the guest or for any personal injuries that occur during a guest’s stay. Guests are fully liable for any damages they cause to the property or its contents during their stay. If a guest or anyone in their party suffers an injury while staying at a property, the PMC or their insurance will be responsible for handling such claims, not Flataway.

Guest Indemnification
By using the Flataway platform, guests agree to indemnify and hold harmless Flataway, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in connection with:

● Guest’s breach of these Terms of Use or applicable laws.

● Guest’s violation of any rights of third parties (e.g., PMCs, neighbors).

● Damage or loss caused by the guest to the property or its contents during their stay.

● Any injuries or incidents occurring to the guest or any third party during the stay, for which Flataway has no responsibility.

PMC Liability
Flataway shall not be held liable for any actions or omissions of the PMCs, including, but not limited to:

● Failure to maintain the property in a safe and habitable condition.

● Any cancellations or changes made by the PMC to the reservation.

● Non-compliance with applicable laws or safety regulations by the PMC.

● Any additional fees or charges applied by the PMC after the booking (e.g., for damages, cleaning).

No Warranty
Flataway makes no warranty, express or implied, with respect to the properties listed on the platform or the services provided by PMCs. This includes, but is not limited to, any warranties of fitness for a particular purpose, non-infringement, or the accuracy of the information provided in property listings.

Limitation of Liability
To the extent permitted by law, Flataway’s total liability to any guest for any claims arising out of or related to the use of the platform or any property booked through the platform is limited to the total amount paid by the guest for the specific booking giving rise to the claim.

Guests are encouraged to obtain personal travel insurance to cover any injuries, losses, or incidents during their stay.

6. Dispute Resolution

Mediation
In the event of a dispute between a guest and a PMC, guests should report the issue through the Flataway platform as soon as possible. Flataway will review the dispute and act as a neutral mediator, facilitating communication between the guest and the PMC. Both parties are expected to cooperate fully and provide relevant information to assist in resolving the issue.

Final Decision
After reviewing the evidence and communications provided by both parties, Flataway will make a final decision on the dispute. This decision will be based on platform policies and the documented evidence. Flataway’s decision is binding, and no further arbitration or external mediation will be offered. Guests and PMCs agree to abide by this decision as a condition of using the platform.

Resolution Timeframe
While most disputes will be resolved within 48 hours, more complex disputes may require additional time to ensure a fair and thorough review. Flataway will communicate any delays to the guest and PMC during the resolution process.

7. Amendments to Terms

Flataway reserves the right to modify or amend these Terms of Use at any time. Significant changes to the terms will be communicated to guests via email or through a notification on the platform. Guests are responsible for reviewing any changes to these terms.

Immediate Effect
In certain circumstances, Flataway may implement changes to the Terms of Use with immediate effect, particularly if required by law or for security reasons. Guests who continue to use the platform after such changes have been communicated will be deemed to have accepted the updated terms.

Guest Responsibility
It is the responsibility of the guest to regularly review the Terms of Use to stay informed of any updates or amendments. Continued use of the platform following any changes constitutes acceptance of the revised terms.

8. Miscellaneous

Entire Agreement
These Terms of Use constitute the entire agreement between Flataway and the guest with respect to the use of the platform. They supersede all prior agreements, understandings, or communications, whether written or oral, regarding the platform and the services provided.

Severability
If any provision of these Terms of Use is found to be unenforceable or invalid, the remaining provisions will continue to remain in effect. The unenforceable provision will be replaced with a valid provision that most closely matches the intent of the original clause.

Force Majeure
Flataway is not responsible for any failure or delay in fulfilling its obligations under these Terms of Use due to events beyond its control, including, but not limited to, acts of God, natural disasters, war, terrorism, strikes, or government regulations. In such cases, Flataway will make reasonable efforts to resume normal operations as soon as practicable.