Oscar Rodrigo Hernandez Panczenko Flats in Wrocław (hereinafter referred to as “Flats in Wrocław”) (with websites www.flatsinwroclaw.com & www.flatsinwroclaw.pl) has developed a real estate directory platform accessible on website at the address www.flatsinwroclaw.com (With redirection from www.flatsinwroclaw.pl) designed to put property owners wanting to rent their properties in contact with potential tenants (hereinafter referred to as the “Platform”).
By clicking “Login with Facebook” or “Register with an email address”, you recognize having read and accepted all these general conditions of use.
In this document,
“Advert” means an advertisement about a Property posted on the Platform by a landlord;
“Flats in Wrocław” has the meaning given to it in Article 1 above;
“T&Cs” means these Terms and Conditions;
“Account” means the account that must be created in order to become a Member and access certain services offered by the Platform;
“Facebook Account” has the meaning given to it in Article 3.2 below;
“Landlord” means the Member using the Platform, to advert a property for rent to another individual.
“Member Content” has the meaning given to it in Article 11.2 below
“Service Fee” has the meaning given to it in Article 5.1 below;
“Member” means any individual having created an Account on the Platform;
“Potential tenant” means the Member actively looking for a property to rent;
“Platform” has the meaning given to it in Article 1 above;
“Services” means all services delivered by Flats in Wrocław via the Platform;
“Website” means the website accessible at the address www.flatsinwroclaw.com
3.1. Conditions of registration on the Platform
The Platform may be used by individuals aged 18 or over. Registration on the platform by a minor is strictly prohibited. In accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over.
3.2. Creation of an Account
The Platform enables Members to post and view Adverts and to interact with each other. You can view the Adverts if you are not registered on the Platform. However, you cannot post an Advert or contact Landlords without having first created an Account and become a Member.
To create your Account, you can:
When creating your Account, regardless of the method chosen, you agree to provide accurate and true information, and to update it through your profile or by notifying Flats in Wrocław, in order to guarantee its relevance and accuracy throughout your contractual relations with Flats in Wrocław.
In the case of registration by email, you agree to keep secret the password chosen upon creating your Account and not to communicate it to anybody. If you lose or disclose your password, you undertake to inform Flats in Wrocław immediately. You alone are responsible for the use of your Account by third parties, unless you have expressly notified Flats in Wrocław of the loss, the fraudulent use by a third party, or the disclosure of your password to a third party.
You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created.
Flats in Wrocław may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an Identity document.
You recognize and accept that any reference on the Platform or the Services to “verified” information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering travelling. Flats in Wrocław cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.
4.1. Posting Adverts
As Member, and providing you fulfil the conditions below, you can create and post Adverts on the Platform by entering information about the Avdert you intend to make (details about the property, localization, surroundings, pictures, videos, visualizations, virtual tours, availability, minimum time for rent, renting prices, bills costs, restrictions, and/or any other information or media in known or unknown formats that don’t violate this Terms and Conditions).
You are only authorized to post an Advert if you fulfil all the following conditions:
You recognize that you are solely responsible for the content of the Advert you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your Advert, and you undertake to update either by your own or with help of our staff all the information shown in it, being this availability, price, etc.
Providing your Advert complies with the T&Cs, it will be posted on the Platform and therefore visible to Members and all visitors, even non-members, conducting a search on the Platform or on the website of Flats in Wrocław’s partners. Flats in Wrocław reserves the right, at its sole discretion and without notice, to not post or to remove, at any time, any Advert that does not comply with the T&Cs or that it considers as damaging to its image, that of the Platform, or that of the Services.
You recognize and accept that the criteria taken into account in the classification and the order of display of your Advert among the other Adverts are at the sole discretion of Flats in Wrocław.
4.2. Contacting other Members
The methods for contacting other members of this platform are through the provided contact form, through direct emailing or by phone/SMS. The contact information available in each advert is for the sole purpose of asking inquiries about its content. No other purpose is allowed and any report made by the Platofrm Members or our Staff of violating this will result in banning the Member and/or the Adverts posted by him/her.
All the messages done through our platform and/or contact information shall be done only through the interested parties and not in representation of a third party. All parties shall be at least 18 years old and of legal age in their country of residence (In no case the party could be younger than 18 years old).
All the messages done through our platform do not involve any bonding agreement or mean any kind of booking or reservation or any other formality. Flats in Wroclaw do not involve in any agreement or contractual relations between the Members of the Platform.
Flats in Wroclaw and/or its partners and/or associates will not be held responsible for the misuse of the contact information in any extend. Members shall understand that by making their contact details available in the adverts they become visible to other members of the community and/or other users of the Platform.
4.3. Review system
You recognize and accept that Flats in Wrocław reserves the right not to publish or to delete any message or any question, any comment or any response if it deems its content breaches these T&Cs.
Flats in Wrocław reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs in the case where a breach to the T&Cs has been detected either by our staff or reported by another Member of the Platform .
Access to and registration on the Platform, as well as searching, viewing and posting Adverts, are free of charge. However, the access to the Contact Form and or Contact Information is charged under the conditions described below.
5.1. Service Fees
Flats in Wrocław, in exchange for use of the Platform, shall collect service fees (hereinafter referred to as the “Service Fees”). These Service Fees are presented in the form of a Subscription (hereinafter referred to as the “Subscription”) that can be of different lengths, usually in the terms of a day or days.
The Service Fees are collected by Flats in Wrocław for each Subscription via PayPal, Credit/Debit card or Bank Transfer.
You recognize and accept that Flats in Wrocław may, at its full discretion, round up or down the Service Fees and the Cost Contribution.
5.3. Methods of payment and repayment of the Cost Contribution to the Landlord
5.3.1. Collection mandate
You recognize and accept that none of the sums received by Flats in Wrocław in the name and on behalf of the Landlord gives entitlement to interest. You agree to respond diligently to any request of Flats in Wrocław, and more generally of any administrative or court authority competent particularly in the prevention or combating of money laundering. Notably, you agree to provide, on simple request, any useful evidence of address and/or identity.
In the absence of response to these requests, Flats in Wrocław may take any measure it deems appropriate, notably freezing of the sums paid and/or suspension of your Account and/or termination of these T&Cs.
You agree to use the Services and the Platform only to be put into contact, with people interested in renting a property with you.
You agree to provide to Flats in Wrocław, on its simple request, a copy of your property registration certificate and/or any other document showing that you are the owner of the property and authorized to use lease it.
7.1. Terms of repayment in the case of cancellation
Only Potential Tenants are the subject of this cancellation policy.
The cancellation of a Subscription by a Member can only be processed if the Member cancels their Subscription before it has been processed and if the Member didn’t have any access to the Platform’s Advert’s Contact Form and/or Contact Information.
Otherwise no cancellation request can be accepted.
Flats in Wrocław appreciates, in its sole discretion, on the basis of the available information, the legitimacy of the reimbursement requests.
8.1. Undertaking of all users of the Platform
You recognize being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform.
Furthermore, when using the Platform and/or contacting any other Member, you undertake:
8.2. Undertakings of the Landlords
Furthermore, when you use the Platform as Landlord, you undertake:
8.3. Undertakings of the Passengers
When you use the Platform as a Potential Tenant, you undertake:
Flats in Wrocław reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of breach of these T&Cs.
You can terminate your contractual relations with Flats in Wrocław at any time, without cost and without reason. To do this, simply send us a request for deleting your account to [email protected]
In the event of (i) breach by you of these T&Cs, including but limited to your obligations as Member mentioned in Flats in Wrocław has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Members or third parties, or for the purpose of prevention of fraud or investigations, Flats in Wrocław reserves the right to:
When this is necessary, you will be notified of the establishment of such measure in order to enable you to give explanations to Flats in Wrocław. Flats in Wrocław will decide, at its sole discretion, whether or not to lift the measures put in place.
11.1. Content published by Flats in Wrocław
Subject to the contents provided by its Members, Flats in Wrocław is the sole holder of all intellectual property rights relating to the Service, the Platform, its content (notably texts, images, designs, logos, videos, sounds, data, graphics) and to the software and databases ensuring their operation.
Flats in Wrocław grants you a non-exclusive, personal and non-transferable right to use the Platform and the Services, for your personal and private use in compliance with the purposes of the Platform and the Services.
You are prohibited from any other use or exploitation of the Platform and Services, and their content, without the prior written permission of Flats in Wrocław. Notably, you are prohibited from:
11.2. Content posted by you on the Platform
In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant Flats in Wrocław a non-exclusive license to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your “Member Content”). In order to enable Flats in Wrocław to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the Platform to the public, you authorize Flats in Wrocław, for the whole world and throughout the duration of your contractual relations with Flats in Wrocław, to reproduce, represent, adapt and translate your Member Content as follows:
The Platform constitutes an online networking platform on which the Members can create and post Adverts for Properties for the purposes of renting them. These Adverts can notably be viewed by the other Members to find out the terms of the renting, and where applicable, to directly contact the Landlord having posted the Advert of the property on the Platform.
In using the Platform and in accepting these T&Cs, you recognize that Flats in Wrocław is not party to any agreement entered into between you and the other Members.
Flats in Wrocław has no control over the behavior of its Members and the users of the Platform. It does not own, exploit, supply or manage the properties subject of the Adverts, and it does not offer any bookings on the Platform.
You recognize and accept that Flats in Wrocław does not control the validity, truthfulness or legality of the Adverts, Properties and information offered. In its capacity of Property rentals intermediary, Flats in Wrocław does not provide any real estate service and does not act in the capacity of booking system; the role of Flats in Wrocław is limited to facilitating access to the Platform.
The Members (Landlords or Potential Tenants) act under their sole and full responsibility.
In its capacity of intermediary, Flats in Wrocław cannot be held liable for the effective occurrence of an inquiry, meeting, visit and/or Property rental, and notably owing to:
Flats in Wrocław shall try as far as possible to maintain the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network.
Furthermore, Flats in Wrocław reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.
These T&Cs and the documents integrated by reference express the entire agreement between you and Flats in Wrocław relative to your use of the Services. Any other document, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.
Flats in Wrocław may modify these T&Cs in order to adapt to its technological and commercial environment, and to comply with the legislation in force. Any modification to these T&Cs will be published on the Platform with mention of the date of effect, and you will be notified by Flats in Wrocław before it takes effect.
These T&Cs are subject to Polish law.
You can also, if necessary, present your complaints relative to our Platform or our Services on the dispute resolution platform placed online by the European Commission, accessible here. The European Commission will send your complaint to the competent national ombudsman. In compliance with the rules applicable to mediation, you are bound, before any request for mediation, to have notified Flats in Wrocław in writing of any dispute in order to obtain an amicable solution.
The Platform is published by Oscar Rodrigo Hernandez Panczenko Flats in Wroclaw, located at ul. Swidnicka 11, Wroclaw 50-064 with NIP 8971802947 and REGON 364995564, represented by its founder and director, Oscar Rodrigo Hernandez Panczenko.
The Website is hosted by Site Ground servers and their third parties.
For any question, you can contact us through our email [email protected]
Version dated 24 April 2018