Terms of Service:
Fridayflats.com website (hereinafter referred to as the "Site") is owned by Forenom Eesti OÜ ("Friday Flats", "Us" or "We") and intended as a service to our users and visitors. This service consists of an online platform for Hosts and Guests to meet online meant to facilitate and arrange the listing by Hosts of, and booking by Guests of, stays in travel accommodations to be provided by Hosts to Guests, and the provision, from time to time, of various email or messaging services, online tools and features for the purposes of enabling users of our Site to connect and directly conclude rental transactions in relation to such accommodations, accessible on www.fridayflats.com.
Acceptance of Terms
- We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms on a regular basis to keep yourself informed of any changes.
- By using this Site, You agree that the posting of new or revised Terms on the Site shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the Site shall constitute Your consent to such changes.
- Unless otherwise agreed or specified, Friday Flats does not charge Users any fee for accessing the Site as a User or listing a property on the Site. However, in the event a rental transaction is concluded between Guests and Hosts as a result of the use of our Site, Friday Flats does charge fees as further described in these Terms.
- If there is an inconsistency between any of the provisions of this English language version and a translated version, the provisions of this English language version shall prevail. Any translated versions of these Terms shall be for convenience only.
- You understand and agree that (i) the Site merely is a platform that enables You and other Users (i.e. Hosts and Guests) to connect and conclude rental transactions in respect of properties listed on the Site and, consequently that (ii) Friday Flats is not itself a party to any rental transaction and disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law. Friday Flats’s role is solely to facilitate the availability of the Site and Services for Users and to provide certain services related thereto. We do not purchase, buy-in, own, sell, provide, furnish, rent, sublet, control or manage nor can We contract in our own name for the provision of any holiday rental property listed on the Site nor other properties including, but not limited to, hotel rooms, nor any related transportation or travel services. We are not supplying and cannot supply such accommodation or services to Guests. The Site acts as a platform to allow registered Hosts to themselves offer and supply to Guests for rent a specific holiday rental space. Hosts may be either owners of any such holiday rental space or are persons, including professional property managers) who are duly authorized to arrange or enter into rental transactions of such properties direct with Guests. We are therefore not a party to the actual rental transaction between Hosts and Guests and are not a contracting agent or representative of any Host. Rental transactions are only binding among the concerned Hosts and Guests, who are both solely and entirely responsible for their performance and Friday Flats disclaims all liability arising from or in connection with such transactions. We encourage Users to communicate directly with one another regarding any bookings or listings made via the Site. Regardless of any recommendations or endorsements of listed properties or Users of the Site that Friday Flats might make We assume no liability above the amount paid by You through the Site in respect of the condition of any listed property on our Site.
- While you acknowledge that Friday Flats' role is solely to facilitate the availability of the Site, and that the legal contract for the supply of accommodation and rental transactions is between Hosts and Guests, Friday Flats takes full responsibility for transactions on the Site and any complaints or refund requests related to the service of the Site should be directed to Friday Flats. We only accept responsibility if caused by our own negligence and liability in respect of statutory rights that You may have against Us as a consumer that cannot be excluded or limited by law.
- Any claims arising out of Your stay in a Host’s accommodation must be brought to our attention by contacting our support by e-mail or telephone. If the claim is determined as reasonable as described in section 9.25, we will either i) reimburse You up to the full amount paid by you through the Site or ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your reservation which is reasonably comparable to the Accommodation in your original reservation.
Eligibility and Accounts
- To register for a User account (an "Account"), go to the Site and provide the requested information. By registering, You represent and warrant that: (a) You are eligible for an Account as set out in these Terms; and (b) the information You include as part of the registration process and thereafter is accurate and not misleading. Accounts may be obtained and used only by persons who are at least eighteen (18) years old. Such persons may act on behalf of members of their group (if making a group booking) and/or their organization or entity if they are authorized accordingly. Please note that You may view listed properties on our Site as an unregistered visitor, however, if you wish to book an accommodation or create a listing, you must first register to create an Account.
- Upon obtaining an Account, You shall have access to the Service and the functionality that We may establish and maintain from time to time and in our sole discretion. We may add, delete or change some or all of the Service provided for free as part of the Account at any time. You will be notified of any charges and given the option to continue use or to terminate Your Account. You are responsible for paying all applicable taxes and for all hardware, software, service and any other costs that You incur to access Your Account. You may not transfer or share Your Account with anyone.
- As a registered User, You further agree to update Your Personal Information if needed.
- You agree to allow Friday Flats to contact You on Your email address or phone number with personal communications related to your account, including but not limited to requests for booking, booking confirmation, notices and updates. You will be able to opt out of any future commercial communication at your convenience.
- You agree to use Your Account for Your personal use only, and not to redistribute any of the content on this Website. You agree to comply with all applicable laws regarding use or access of Your Account. Any use of an Account to post (a) false, outdated, misleading information; (b) information that in our sole discretion is inappropriate to our Users (including, but not limited to obscene, libellous, slanderous or similarly inappropriate postings) or (c) information in breach of the policies published on the Site are grounds for immediate termination of an Account.
- You may not distribute unsolicited commercial messages ("spam") through Your Account or take any other action that imposes an unreasonable or disproportionately large load on our infrastructure. At our option and without further notice, We (or our suppliers) may use anti-spam technologies that may terminate Your messages without delivering them or prevent messages from reaching You. We expect all of our Users to conduct themselves in a courteous, professional manner at all times. Personal attacks, “flaming”, defaming, and other forms of discourteous and unprofessional online conduct are grounds for the immediate suspension or termination of the offending user's Account, in our sole discretion.
Content on the site
- You understand and agree that all reviews, postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the User from whom such Content originates
- The Site provides unfiltered access to Content. You understand and agree that the Site only acts as a platform and that We disclaim all liability related to Content posted on the Site, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. We cannot, nor do We undertake any obligation to, control the Content that is posted. By its very nature, the information on the Site is changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively labeled. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor do We undertake to verify, update or correct such information. We recommend that You confirm all information You obtain from the Site as accurate and complete and up to date. We also do not make any representation or warranty, express or implied, regarding any posting or requests by Users. You agree that any agreement between You and such individual or organisation shall be solely on the terms negotiated and agreed by You and Your counterparty and shall be done at Your own risk.
- Friday Flats grants Users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise holiday rental properties and/or research, view or make legitimate inquiries to Users regarding their interest in particular holiday rental properties for their personal use, all in accordance with these Terms.
- Any other use of the Site is expressly prohibited. Importantly, this licence does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. "General purpose internet search engine" does not include a website or search engine or other service that provide classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing holiday property rental services.
- Although Friday Flats does not own nor control any of the Content that You post, You agree that, by posting Content on the Site, You automatically grant Us, and You represent and warrant that You have the right to grant Friday Flats, an irrevocable, perpetual, non exclusive, fully paid, worldwide license to use, copy, perform, display, adapt, modify, distribute, to have distributed and promoted said Content, and to grant and authorize licenses of the foregoing. Furthermore, by posting Content on the Site, You automatically grant Friday Flats all rights necessary to prohibit any subsequent aggregation, display, copying or exploitation of Content on the Site by any party for any purpose.
- You are solely responsible for Content or any other information You provide, distribute, post, include, link to, or otherwise upload to the Site ("Your Content"), and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your Content. We reserve the right (but not the obligation) to take any action with respect to Your Content if we believe that it may create liability for Us or may cause Us to lose the services of our ISPs or other suppliers. You represent and warrant that Your Content and any content You request to receive (directly or indirectly): (a) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (b) shall not violate any law or regulation; (c) shall not be defamatory or libellous; (d) shall not be obscene or contain child pornography; (e) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- You understand and agree that Friday Flats has no obligation to post any Content from You or anyone else. In addition, We may, in our sole discretion, edit, remove or delete any Content that You post or submit. In particular, We reserve the right to determine the final design, layout and functionality of our Site, which may involve the review, formatting and editing of such Content. In case You intentionally or negligently cause any loss or damage to Friday Flats because of the design or positioning of such Content you are liable towards Friday Flats You understand and agree to release Friday Flats from any liability for any loss or damage resulting from the design or positioning of such Content, unless such loss or damage resulted from Friday Flats's willful misconduct or negligence.
- As a Host, you may create or add listings and you will be asked a variety of questions about the holiday rental accommodation You intend to list, including, but not limited to, the location, features, availability of the accommodation and pricing and you may include certain terms or requirements which must be met by Guests as part of any potential rental transaction relating to Your listed property. More information on how to add such requirements is available on our Site. All accommodations must have valid addresses in order to be featured in listings on the Site. Your listings will be made publicly available via the Site and Guests will be able to book Your holiday rental property via the Site based upon the information provided in Your listing. You, and not Friday Flats, are solely responsible for determining the rental price to be displayed in Your listing and any additional charges (for example, cleaning fees) to be included or factored into such price (your "Accommodation Fee"). You understand and agree that once a Guest requests a booking of Your listed accommodation, the rental rate You have set for such booking request may not be altered. As a Host, You acknowledge and agree that You are solely responsible for any and all of your listings of holiday rental properties on our Site.
- You warrant, represent and undertake that all and any listings You place on Our Site relate to available accommodation at an existing property. If you are not the owner of such property You warrant, represent and undertake that You have all necessary rights, including without limitation the express authorisation from the owner, to deal with the property, including creating listings related to it and offering it for holiday rentals.
- In accordance with these Terms, if, as a Host, you add a property as available for rental on our Site, Your Use of the Site is a means of enabling You to connect or be introduced to Users who may become Guests for the purposes of concluding a rental transaction with You. Our Service to You as a Host shall include supporting and assisting you in listing, marketing, promoting and advertising Your property on our Site. However, as noted above, We cannot and do not in any way act as a contracting agent or representative for You as a Host, nor as a broker or insurer in each case, in relation to Your rental transactions which You conclude with Guests via the Site, but we can and shall act as your disclosed agent or intermediary in Your name and on your behalf in relation to handling or managing payment collection processes involving advanced payment and cancellation transactions with Guests. Our Service to You as a Host in relation to the provision of information and email or messaging services shall also include assisting You in respect of communications with Guests through the Site, for example, in receiving, notifying and forwarding to You any booking requests or enquiries made through the Site by a Guest and in receiving and handling cancellation requests from Guests.
- You acknowledge and accept that We do not consider that we act as a travel agent generally in relation to the provision of our Site and/or our Service or in respect of Your actual rental transactions concluded with Guests as We are not a party to such actual rental transactions and We do not buy-in, re-sell or provide accommodation or other travel services in our own name as mentioned in Section 2 above. However if, as a matter of law or in the opinion of any tax or other authority in any jurisdiction Friday Flats is or could be considered a travel agent in respect of taking part in, or providing Services consisting of the intermediation in, the provision of accommodation by Hosts to Guests pursuant to a booking on our Site, You acknowledge and accept that in those circumstances and for the purposes of these Terms and rental transactions You have concluded with Guests, the Service supplied by us in taking part in the provision of accommodation listed on our Site and/or in facilitating or providing intermediation in the conclusion of such rental transactions, shall be supplied to You as Host, acting as Your disclosed agent or intermediary in Your name and on your behalf and not in any way in our own name, as We shall not and cannot be a Host. Any necessary modifications may be made to these Terms as a consequence of this provision or part thereof applying.
- You agree that in the event You conclude a rental transaction with a Guest as a result of using our Site, then, in consideration of providing our Services, including support, payment facilitation, and any other services as intermediary, as part of our Service as further described herein to You as a Host, Friday Flats shall charge You a Host fee, exclusive of any applicable VAT and similar sales taxes which may be charged in addition thereon, and in respect of which We may issue or be required to issue to You as a Host a valid VAT or similar sales tax or other invoice (or We may so issue to You at Your reasonable request). Such fee is based upon a percentage (typically between 2% and 5%) of Your Accommodation Fee in relation to Your listed property, and shall be indicated and disclosed in the Host section of the Site. In addition, We shall also collect a Service Fee of between 5% and 8%, based on the Accommodation Fee and Host Fee, chargeable to a Guest (including any applicable VAT or taxes which may be charged in addition thereon). The Service Fee shall be added by way of a mark up to your Accommodation Fee to calculate the aggregate amounts to be displayed in Your listing and set out in the booking confirmation sent to the Guest, and which shall therefore be payable by the Guest. The Service Fee shall be deducted from any payments made to You from Us.
- Our Service to You in respect of payment facilitation and processing shall not include the collection of deposits or additional charges from Guests that are not included or factored in your Accommodation Fee and Friday Flats shall not be responsible for administering or accepting a request or claim from You related to such additional charges or payments and disclaims any liability in this respect. You will need to carry out a separate arrangement with Guests in respect of such charges and expressly state in the listing of Your property that additional charges in the form of a deposit or otherwise (for example, security deposit and late checkout fees) are required separately from the Guest (for example upon arrival or check-out) if such charges are not included or factored in your Accommodation Fee.
- Please note, however, that as Host, You are solely responsible for honouring any booking confirmation sent to a Guest and for supplying and making available and providing Your listed property on the Site to the Guest on such terms, conditions, rules and restrictions as you have set and agreed with the Guest. As a Host, You acknowledge and agree that You are responsible for Your own acts and omissions and for the acts and omissions of any individuals (other than Guests and members of the Guest’s party) who reside at or are otherwise present at Your rental property. Each Host is solely responsible for compliance with laws, rules and regulations, including any tax and VAT requirements (see also the next provision below) and in respect of any conflict with or breach of rights of third parties. We recommend that Hosts obtain appropriate insurance for their rental properties listed on the Site.
- Please also note You are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Friday Flats cannot and does not offer Tax-related advice to any Users of our Site and Service. Additionally, please note that You are responsible for determining and/or paying any local VAT or similar indirect sales Taxes and/or for factoring in or including such VAT and taxes into your Accommodation Fee or satisfying such obligations relating to applicable Taxes in adding a listing on our Site or in respect of our Fee as charged or invoiced to You or otherwise, particularly if You consider that you are in business in using the Site and/or, for example, you are a professional property manager or You rent property on a regular basis to generate income. You may also be required to issue an invoice, including without limitation, a valid VAT invoice to Your Guest in respect of your Accommodation Fee and any additional charges whether or not included in your Accommodation Fee. You should in any event consult your tax advisor.
- Upon registering as a User as an intended Host, Hosts acknowledge and accept that Friday Flats shall assume, and be entitled to assume, that You are in business/a taxable person/carrying on an economic activity and/or VAT registered, in the place/country where Your address details as provided to Us are located, unless and until You tell and confirm to Friday Flats by email or otherwise that You consider that You are not in business etc. or that You are usually resident or spend most of Your time in another country. Hosts further accept and acknowledge that We may contact You to require details (acting reasonably) of Your VAT registration number (if any) or otherwise copies of reasonable commercial evidence or records, for example contracts, business letterheads, a commercial website address, publicity material, certificates from fiscal authorities, in each case, which You shall provide or procure to provide within your power or ability to do so. A digital certificate from a reputable organisation can also be accepted for this purpose.
- If Your listed property is requested by a Guest via our Site, you will be required to either confirm or reject the Guest's request within 48 hours of that request, after which the booking request shall automatically expire. If, as a Host, You confirm that Your listing is available and a Guest’s booking is subsequently accepted and confirmed by You through our Site, and the Guest completes a payment, You will receive Your Guest’s relevant contact details (including phone number) from Us and We will also forward Your contact details to the Guest. Once such contact details have been provided, all communication including concerning details and information about the rental transaction should be direct between You and Your Guest through our Site as facilitated by our Service where required/applicable.
- We shall hold all monies collected by Us from Guests upon a booking confirmation, subject to a duty to transfer or account to You in respect of such monies (provided always that You have honoured such booking), which we shall pay to You by bank transfer or, for pounds sterling or euros payments only, PayPal transfer, in the currency you have set for the relevant property, less our Fees as described above. You acknowledge and agree that we shall be entitled to deduct and retain our Fees from such monies collected. Unless We otherwise agreed with You, We shall initiate the payment to You of all net monies collected from Guests which are due to You within two Estonian business days (being days where banks are open in Estonia) of the planned date of Your Guest’s check-in at Your listed property, but We shall have no further commitment to You under these Terms subject to any exceptional arrangement for the earlier transfer of a Guest’s advanced payment as may be agreed between You and Friday Flats. If You do not honour a booking, You may lose Your entitlement to Your Accommodation Fee and We reserve the right to retain the corresponding funds collected in order to refund the Guest.
- As a Host, You should not cancel a confirmed booking. If however, exceptional circumstances require You to cancel a booking, please notify Us at email@example.com for assistance in relation to Your communications with the Guest.
- We reserve the right to cancel any booking at any time for security or fraud-protection purposes. This is generally due to our fraud-detection processes reporting a problem with the payment card submitted. In such cases the cancellation policy that you have selected will not apply and you will receive no payment for the cancelled booking.
- Guests can offer to make a booking through the Site by following the processes for making a booking request set out on the Site and clicking on the appropriate confirmation button or booking link (via Your Account or email). It is important that Guests check the information entered and correct any errors before making a booking request since once You click on such button or link, input errors cannot be corrected. If at any time prior to clicking on the appropriate confirmation button or link, You (the Guest) decide that You do not wish to proceed with Your booking request, You should close the application window.
- Once Your booking request has been made, We will then notify the concerned Host by email and in their Account to accept or reject the booking request. Hosts are required to either confirm or reject Your booking request within 48 hours of that request, after which the booking request shall automatically expire. If the booking request is subsequently accepted by the Host through our Site, You will receive an automated email requiring payment of the Accommodation Fee and our Service Fees. You are required to enter full payment within 48 hours of the Host acceptance of booking request. Upon receipt of payment, the Host’s booking confirmation and the Host's relevant contact details will be sent to the Guest, and Your relevant contact details will also be forwarded to the Host. The payment process described under Section 4 below will also apply upon receipt of a booking confirmation.
- Once such contact details have been provided, all communication for example, concerning details and information about the booking and rental transaction, including, without limitation, arrival times and handling of keys, should be direct between You and the Host through our Site as facilitated by our Service where required/applicable.
- You will be able to access details of Your booking confirmation through Your Account.
- Upon receipt of a booking confirmation, Guests enter into a direct contract with the concerned Host. Hosts are not obliged to make any property available until a booking confirmation has been sent by the Host via the Site to Guests and a Guest is not guaranteed a booking with a Host until payment has been made by the Guest subject to these Terms. However, upon issuing a booking confirmation, Hosts shall be responsible for providing the accommodation referred to in the booking confirmation.
- If a Guest requests a booking, they will be responsible and liable to pay the relevant Host in full the rental rate due for such booking if accepted by the Host subject, in each case, to these Terms and any other terms and conditions specific to the booking as agreed between a Guest and their Host. In order to secure collection of such payment, Guests will be asked during the booking process to provide payment card information and billing address. Friday Flats will also obtain a pre-authorisation on Your payment card for the total amount of Your booking request to ensure that You have the necessary amount of funds available to cover the transaction. If Your booking request is accepted by the Host for the dates set out in Your request, the payment process described under Section 4 will apply. If a booking request is refused, expires or is cancelled, any pre-authorisation of Your payment card will be released or as applicable, shall expire after a period of up to 30 days unless you contact us to request an earlier release.
- As a Guest, if You cancel Your booking, the provisions and refund levels of Section 18 below will apply. Please note that no refunds will be provided after the last deadline set out in the cancellation policy selected by the concerned Host. Furthermore, our Fees are non-refundable.
- Any monies collected and received by Friday Flats from Guests for bookings made on the Site shall be held by Friday Flats subject to a conditional obligation to transfer or account for such monies to Hosts less our Fees.
- Should You decide to book a stay with a Host and the rental transaction is concluded with such Host via the Site, You, as a Guest, acknowledge and agree that You shall be required to pay an amount equal to the fees displayed in the Host's listing on our Site and confirmed in each booking confirmation as agreed with a Host. The fees displayed in a Host’s listing have three components: (1) the accommodation rate and any additional charges (included at the Host’s discretion) as solely determined and set by the Host (and not Friday Flats) in respect of the rental transaction, plus any applicable taxes and VAT, ("Accommodation Fee"); (2) a Host fee, chargeable and disclosed to Hosts by Friday Flats based upon a percentage (typically between 2% and 5%) of the Accommodation Fee, in consideration of supplying our Service to Hosts to the extent that such supplies enable such Hosts to connect and conclude transactions with Guests; and (3) an administrative Service Fee of between 5% and 8% of the Accommodation Fee and Host Fee, which fee shall be chargeable to a Guest and shall also be added to the Accommodation Fee as payment to Friday Flats for processing Guests’ payment for bookings and various internal procedures linked to handling Guests’ forms of payment (the items at (2) and (3) collectively being Friday Flat’s "Fees"). Our Fees are non-refundable and exclusive of any applicable Taxes and VAT which may be charged in addition thereon, and shall be added to the Accommodation Fee to calculate the total amount payable by the Guest for the stay.
- Friday Flats shall collect a payment from You equal to the Accommodation Fee and our Fees through the Site immediately when the Host accepts Your booking and a booking confirmation is sent to You by the Host which, as a Guest, You agree to pay for any booking You have requested that is so accepted by the Host. You must enter a valid payment within 48 hours of receiving an accepted booking. As noted above, Hosts are required to either accept or reject Your booking within 48 hours of Your booking request.
- Hosts set the currency in which they require payment. For Guests’ convenience, the Site can display prices in a choice of currencies. Such converted prices are for information only and Guests payment cards will be debited in the currency set by the relevant Host and Friday Flats disclaims all or any liability in respect of any additional charges that may be charged to a Guest by his or her bank related to Our collection of the payment in the currency set by the relevant Host.
- Friday Flats shall initiate the payment, less our Fees, to the bank account of the Host in the currency set by the Host within two Estonian business days (being days where banks are open in Estonia) of the planned date of the Guest's check-in at the rental property, subject to any other arrangement as may be agreed between a Host and Friday Flats.
- As a Guest, You hereby authorise and agree that Friday Flats shall debit (whether directly or indirectly via a third party payment processor, subject to that third party’s terms and conditions) Your payment card of the amount of the Accommodation Fee plus our Fees upon confirmation of Your booking by the Host. You also agree to pay any other charges agreed with the Host before the booking confirmation that weren't included in the payment when You arrive at the property or as otherwise agreed with the Host. You will receive a further notification email for receipt of the payment.
- The payment shall be taken by a debit of the Accommodation Fee plus our Fees from one of the acceptable payment methods listed on the Site, which may include debit and credit card (Eurocard/MasterCard, Visa, American Express or Diners Card) and such payment shall be taken in the currency set by the Host. Payments by cash or cheque are not accepted, and accordingly Friday Flats cannot be held liable for any loss of cash or cheques. You will also be asked to provide customary billing information such as name, billing address and payment information. As a Guest, You agree to pay all fees and charges contained in the Host’s booking confirmation as accessed through Your Account, irrespective of whether the Service was accessed by You or by a third party using Your Account. It is Your responsibility to take all measures that are necessary to ensure that Your password remains secret and to prevent the use or misuse of such password by any unauthorised person. You shall notify Friday Flats promptly if You discover or suspect that Your password has become accessible to or has been misused by any unauthorised third party, so that We can block Your account.
- In some circumstances, and in addition to the billing and payment information You provide under paragraph 14 above, We may require You to send us some proof of Your identity. This can be requested at the time of booking, during payment processing or at any other time thereafter (but before the check-in date). We reserve the right to cancel Your booking if You do not provide such proof of identity when requested by Us.
- If Guests want to change their booking, such Guests will need to contact and communicate with their Host directly on such changes. Guests should note however that as they have previously agreed and accepted terms with the Host in respect of the booking, the Host is entitled to, and may therefore, charge Guests additional charges for such changes.
- Guests can cancel their booking at anytime subject to and in accordance with the Friday Flats cancellation policy selected by the concerned Host. There are currently four cancellation policies that the Host can choose from. Payments due under such policy in the event of a cancellation will be deducted from any refund to Guests and remitted by us to Hosts (We will retain our Fees, which are non-refundable). To cancel a booking, Guests should send an email to firstname.lastname@example.org.
Cancellation policies protect both Hosts and Guests in the event of cancellations. Guests are
advised to carefully read these Terms, the booking summary page and the booking confirmation,
particularly in relation to the cancellation policy. Hosts can choose the cancellation policy they
offer to guests. The guest receives the following refunds:
- 100% if the guest cancels his reservation up to 1 week before the start of the stay
- 50% if the guest cancels his reservation up to 2 days before the start of the stay
- 100% if the guest cancels his reservation up to 1 month before the start of the stay
- 50% if the guest cancels his reservation up to 2 weeks before the start of the stay
- 100% if the guest cancels his reservation up to 2 months before the start of the stay
- 50% if the guest cancels his reservation up to 1 month before the start of the stay
- 50% if the guest cancels his reservation up to 2 months before the start of the stay
Please note that these refunds are exclusive of all Friday Flats service fees. Cancellations must be made by 12 midday GMT on the appropriate day.
- Hosts should not cancel confirmed bookings but in the unlikely event we are informed by a Host that they wish to cancel, We will assist the Guest and the concerned Host in trying to arrange suitable alternative accommodation for the Guest including, for example, by putting the Guest in contact with another Host and/or by providing details of alternative listings, but in each and every case, We make no undertaking and shall not be under any obligation in such respect. As a Guest, You acknowledge and agree that your payment (or applicable part thereof) shall be applied in relation to any confirmed alternative booking request/accommodation, in accordance with these Terms. In the event no such alternative accommodation is or can be located and/or You do not accept the suitable alternative listed property offered by the Host or by a new Host, Your payment will be refunded to You but no further payments or refunds will be made.
- We reserve the right to cancel any booking at any time for security or fraud-protection purposes. In such cases the cancellation policies will not apply, hosts will receive no payment for the cancelled booking and where payment has been taken, the guest will receive a full refund on the card used for the booking.
- The Host may set additional charges in the form of a deposit or otherwise (for example, cleaning fees, security deposit and late checkout fees) that are due from Guests which are not included or factored in the Accommodation Fee and which may be agreed by the Host by separate arrangement or as expressly stated in the booking summary page and charged directly by a Host. Payment of such charges (for example upon arrival or check-out) must be made by You direct to the Host in accordance with the terms You agreed with the Host. Friday Flats shall not be responsible for administering or accepting a Host's requests or claims related to such additional charges or payments and disclaims any liability in this respect.
- As a Guest, You accept responsibility for the proper conduct of all members of Your party during Your stay at a Host's listed property. We shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) that You may incur as a result of Your stay being terminated early by the Host because of Your behaviour or the behaviour of members of Your party.
- If You cause any damage to a Host’s accommodation through out of the ordinary usage, You must fully reimburse the Host concerned for the cost of the damage. You must also indemnify Us for the full amount of any claim made against Us by the Host or any third party as a result. Damage case will be taken in consideration case by case and will only be applied if there is strong proof for misbehavior or negligence.
- Any claims arising out of Your stay in a Host’s accommodation must be brought against the Host through Friday Flats mediation. If you are a Guest and we agree to Your claim, We will either i) reimburse You up to the full amount paid by you through the Site or ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your reservation which is reasonably comparable to the Accommodation in your original reservation.
A claim brought against the host, is, at Friday Flats’ discretion, deemed as reasonable and
generally agreed to if one of the following conditions are met:
- The description of the Accommodation in the listing on the Site is materially inaccurate with respect to i) the size of the accommodation ii) cohabitation of the accommodation iii) amenities listed in the description or iv) the location of the accommodation
- The Accommodation is not clean and sanitary at arrival
- The Host fails to provide the Guest with access to the Accommodation (e.g. by providing keys or security codes)
Limitation of Liability
Release and indemnity
- BY USING THE SITE AND/OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM AT THE EXCLUSION OF FRIDAY FLATS TO THE FULLEST EXTENT PERMITTED BY LAW.
- In the event of a material breach by You of these Terms or the Booking Terms including but not limited to fraud by You, We may, in our discretion and without liability to You: (a) terminate Your access to Our Service; (b) deactivate or delete any of your Accounts and all related information and files in such Accounts as well as Your Content; and (c) bar Your access to any of such files or Service. In addition, We reserve the right at any time and without any prior notice to remove or disable access to a listing of any holiday rental accommodation on the Site which in Friday Flats’s sole discretion considers to be objectionable, in violation or breach of these Terms, or otherwise harmful to the Site and/or Services.
- If any provision or part of a provision, of these Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part-provision will be struck out of these Terms and the remainder of these Terms will apply as if the offending provision or part-provision had never been agreed.
- You may not transfer any of Your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without Your prior written consent.
Applicable Law and Jurisdiction
- These Terms and all matters arising out of or relating to these Terms (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of Estonia to the extent that such law is not overridden by applicable mandatory law, for example local consumer protection laws applying to You.
- Any claim or dispute arising out of or relating to these Terms shall (including non-contractual disputes or claims and their interpretation) shall be subject to the non-exclusive jurisdiction of the Estonian courts. If You are a consumer, You may elect to bring a claim in the court of Your country instead.
- If you have any questions about these Terms, please contact Friday Flats at email@example.com.