Terms

Terms & Conditions:

This Agreement governs all relations between Buddy Flats (hereinafter “Buddy Flats”, “We” or “Us”) and any person who visits the Webite and/or uses the services offered on it (hereinafter “User/s”).
By viewing and using the Website, you acknowledge having read this Agreement and explicitly declare that you accept it without reservation. You acknowledge that you are competent and have the means required to access and use this Website.

Definitions:

User:

Any possible Tenant who has registered in the Website or any Landlord who uploads a Property onto the Website

Rent:

This includes any amount taken as a payment for the granting, extension or renewal of the Tenancy.

Tenancy:

The entire period that the Tenant occupies the Property including any extension, period of holding over or new tenancy.

Tenant:

The tenant of a Property that was rented through Buddy Flats.

Property:
Property or any of its parts as specified on the Website.

Website:
This refers to www.buddyflats.com

Landlord:
Landlord or the Landlord’s agent named in the confirmation of instructions including its/his/her successors in title or assigns.

Service:
The introduction of Tenants to Landlords by Buddy Flats via the Website.

Tenant’s account:
This refers to any money received by Buddy Flats on the Tenant’s behalf and held in Buddy Flats’ client account, which are to be used in accordance with these Terms and Conditions.

First Payment:
1 month’s rent

Fee
The amount due from the Landlord to Buddy Flats once a reservation of tenancy as advertised on the Website has been confirmed is as follows:
25% of the first month rent for all Tenancies up to 6 months.
50% of the first month rent for all Tenancies 6 months and over.

One Time Service fee:

The amount that the tenant pays while doing the doing reservation online:

15% of the first month rent for all Tenancies up to 1-3 months.

18% of the first month rent for all Tenancies up to 3-6 months.

21% of the first month rent for all Tenancies up to 6-9 months.

24% of the first month rent for all Tenancies up to 9 or more months.

User Rights

Tenant:
Access to view and reserve properties
Access to find housemates
Advertising of a spare room in a property

Landlord:
Access to upload property details
The Fee will be paid once any part of the Property is rented through Buddy Flats whether online or offline. All rentals that occur as a result of contacting us will result in fees being owed to Buddy Flats.
Any person wishing to become a Tenant must:
Be a student or an intern below 30 years.
Be at least 18 years of age.

Registration:
Accurate and current information, including correct name, email address and any other requested details will be provided by Users and Tenants. It is agreed that it is the User’s responsibility to maintain accurate information regarding their details.
Users must give a valid email address in order to register.
The content of the User’s profile will be available to all Users of the Website. For details about privacy please read our privacy policy.

Website:
Users may use the Website as long as they:
do not copy or distribute any part of the Website in any way without Buddy Flats’ authorization;
do not alter or modify any part of the Website other than those necessary to use the Website for its intended purpose;
do not contact either Landlords or Tenants via any other means than through the Website until after the start of the Tenancy;
book all property viewings through the Website;
otherwise comply with this Agreement;
Landlords agree not to display any contact details or logos on the Website.

Privacy Policy:
Buddy Flats’ Privacy Policy forms part of this Agreement, and by agreeing to it, you also give your consent to the way your personal data is handled according to that policy.

Buddy Flats’ Role:
Buddy Flats is not responsible for the behavior of or content shared by Users, whether it be the Website or outside of it.
Once the Tenant has booked a Property all doubts about the property should be directed to the Landlord rather than Buddy Flats.
Buddy Flats will not be liable for any matters that arise with the Property once the Tenant has accepted it.
The Property
The Landlord is the only responsible party for the accuracy of the property adverts, as well as for their legality, safety and quality.
Buddy Flats accepts no liability for matters that the Landlord is responsible for:
Property complies with housing regulations
Adequate locks and keys
Working plumbing, heating, electricity and other appliances
Rent collection and deposit holding and return
Not all responsibilities are listed above.

Cancellation rights:

If you cancel your booking before it’s been accepted, there will be a 75% refund.
If the booking has been confirmed by the Landlord, there will be a 25% refund for cancellation.
Notice to cancel must be given by email to info@buddyflats.com.

The property:

It is the Landlord’s and the Tenant’s duty to arrange to meet to collect the keys.
Tenant will have the opportunity to inspect the property and notify Buddy Flats within 24 hours if the property is as described on the website.
If the Tenant does not contact Buddy Flats within 24 hours it will be assumed that the Property has been accepted in its present condition.
Once first payment has been sent from Buddy Flats to the Landlord we shall have no further role in the Tenancy.

Refunds:
A refund of the first payment is due if the Property was not described accurately on the website.
If the Landlord does not agree with the Tenant’s claim, pictures should be sent to Buddy Flats at info@buddyflats.com. Buddy Flats will have final judgment over the claim.
Should the Property be inaccurately described, the Landlord will have 48 hours to update the property to match the description and pictures it showed. The Landlord will be responsible for the Tenant’s accommodation during 48 hours, should Buddy Flats decide it’s necessary.
If the property still doesn’t match the existing pictures and description after whatever upgrades have been made, the tenant will be entitled to a full refund. This is the only circumstance where the Tenant is entitled to receive a full refund without the obligation to find a replacement student to take their place in the Property.

Deposit:
The standard deposit required is 1 month rent, unless the Landlord instructs otherwise.
Buddy Flats will not receive
Landlords are expected to comply to tenancy deposit laws where applicable.
Buddy Flats is not responsible for landlords who do not comply with tenancy deposit laws.

Permission to rent:
Before renting the property the Landlord hereby agrees to obtain written approval from any other person or authority who may have an interest in the property.

Marketing:
Buddy Flats will use whatever methods it chooses to market the Property, including both physical and virtual mediums.

Utilities:
The Landlord is expected to guarantee access to electric, gas and water supplies, and to any keys or cards needed to change them so that proper safety procedures can be done. It is also the Landlord’s responsibility to inform the authorities of the date the Tenant takes over utility payments, as well of meter readings.

Selling the property:
In the event that the Landlord agrees a sale of the Property and proceeds to exchange of contracts with a Tenant or a relative of the Tenant then a sales commission fee will become payable to Buddy Flats at the rate of 0.5% of the sale price + VAT. This fee will become due upon exchange of contracts and payable on the day of completion.
Should the Landlord sell or pass on title of the Property, which is subject to a Tenancy arranged by Buddy Flats the Landlord will remain liable for fees payable under the Terms and Conditions of this agreement for the duration of that Tenancy, the Landlord will also be obliged to inform the new landlord of the outstanding tenancy should there be one still in place.

Online reservation:
Once the Tenant reserves a property and makes payment through the Website, Buddy Flats will contact the Landlord to confirm the tenancy. Buddy Flats will let the Landlord know of any money held in its accounts on the Landlord’s behalf.

Landlord responsiveness:
The Landlord is responsible for keeping the property details updated to avoid double booking of properties. The Landlord must also be available for contact for Buddy Flats to confirm tenancies. Buddy Flats is not responsible for any earnings lost for missed notifications, it’s recommendable to provide phone number as well as email address so notifications can be dealt with quickly.

Property Description:
It’s vitally important that pictures and description of properties be as accurate as possible, as most tenants will be renting without physically inspecting the property beforehand. The Landlord is fully responsible for any descriptions.

Indemnity and exclusion of liability:
Should Buddy flats follow the Landlord’s instructions in good faith but unknowingly incur in an unlawful act, or cause any kind of claim or action against Buddy Flats, the Landlord agrees to provide full indemnity for all penalties, damages, costs or any losses that could befall Buddy Flats as a result of these instructions.
Full indemnity will also be provided as above if a Tenant or any third party brings on a claim or action: Users agree to pursue such right, claim or action independently of and without recourse to Buddy Flats.

Operation of Buddy Flats:
Buddy Flats reserves the right, at any time and, if necessary, without notice, for any reason at all, particularly in response to technical and/or IT and/or communications and/or maintenance difficulties and/or constraints or events of force majeure, to interrupt access to the Site or end or amend the conditions for viewing the website, with Buddy Flats waiving all liability for the consequences of such interruptions or amendments.

Misuse of Buddy Flats:
Buddy Flats reserves the right to suspend or terminate any User’s access to the Website and/or to delete material posted on the Website if the User or content is in breach of any provision of this Agreement. Users are responsible for everything that is done on or through the Website while their User account is logged on to the Website or through their email address/es.

Users must not:
Use swear-words or terms that could be considered offensive on any parts of the Website including in-site messages, posts on the Forums & Discussion groups, or any other communication tools made available.
Send spam with information gathered from the Website.
Infringe the intellectual property or other rights of any person or entity
Breach any applicable law
Appear to be offensive, threatening, defamatory, obscene, pornographic, false, unreliable or misleading (including, without limitation, misleading as to your identity).

Breaches:
All Site Users are asked to notify Buddy Flats if they consider that a property, opinion, comment, message or any other content visible on the website is manifestly unlawful or violates these terms, by sending a message to the following address: info@buddyflats.com

Disclaimer:
Buddy Flats has no responsibility for, or control over, the truth or accuracy of any content available on the Website provided by Users, Landlords or third parties.
Publication of links to third-party websites does not in any way indicate that Buddy Flats approves of these sites, not their content or the products they offered on them. Users have sole liability for their use. Users may not establish hypertext links to the website without explicit prior consent. Any such behaviour shall result in account suspension.

The use of the Website is entirely at your own risk.
Buddy Flats will not be liable to any User or third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Buddy Flats will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.

Without limiting the previous paragraph, the total liability of Buddy Flats under this Agreement will not under any circumstances exceed the fees received from the Landlord relating to the Property reservation in question, regardless of the cause.
Buddy Flats may change parts of this Agreement at any given moment and post them on the Website. At this time, the new Agreement terms will govern the Website.

Reassignment
Buddy Flats reserves the right to reassign or subcontract this Agreement. Users may not assign or dispose of this Agreement without the written consent of Buddy Flats.

Miscellaneous:
Buddy Flats’ failure to exercise any of its rights pursuant to this Agreement shall not constitute a waiver of said rights. If any of these provisions proves to be null or void, the other provisions shall continue to be binding on the parties.

Law:
This Agreement shall be governed by and construed in accordance with the laws of Spain. The Website is controlled and offered by Buddy Flats from its facilities in Spain. Those who access or use the Website from other jurisdictions do so of their own volition and are responsible for compliance with local law.

No Waiver:
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Buddy Flats’ failure to assert any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Final Dispute Resolutions:
An arbitration tribunal designated by Buddy Flats will settle any controversy or claim arising out of or in connection with this Agreement by binding arbitration, if it is so decided by Buddy Flats. You agree to be bound by the ruling arbitrator. The originator will meet any costs that arise from this process. Every claim will be dealt with individually, and will not be affected by any previous arbitration of any other claim. The arbitration will be conducted in the Spain, and judgment on the arbitration result can be entered into any court having jurisdiction thereof.