Terms & Conditions

Terms and Conditions | Privacy and Data Protection Policy | Cookies Notice

1.  Subject

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”).

These terms and conditions have the purpose of governing access to and the terms of use of the Platform. Please read them carefully. You understand and recognize that Flats in Wrocław is not party to any agreement, contract or contractual relations, of any nature, entered into between the Members of its Platform.

By clicking “Login with Facebook” or “Register with an email address”, you recognize having read and accepted all these general conditions of use.

2.  Definitions

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.  Registration on the Platform and creation of an Account

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:

• (i)    either complete all mandatory fields on the registration form;

• (ii)    or log in to your Facebook account via our Platform (hereinafter referred to as your “Facebook Account”). In using such functionality, you understand that Flats in Wrocław will have access to, will publish on the Platform, and will keep certain information from your Facebook Account. You can delete the link between your Account and your Facebook Account at any time through the “Verifications” section of your profile. If you wish to find out more about the use of your data from your Facebook Account, read our Privacy Policy and that of Facebook.

To register on the Platform, you must have read and accepted these T&Cs and the Privacy Policy.

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.

3.3.    Verification

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.  Use of the Services

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:

• (i)    you are the sole owner of the property you are advertising and have every valid right to lease it;

• (ii)    the property has valid third party insurance;

• (iii)    you do not intend posting another advert for the same Property on the Platform;

• (iv)    you offer a property in good conditions and which complies with the applicable legal provisions and customs.

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

4.3.1.    Moderation

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.

4.3.2.    Limit

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 .

5.  Financial conditions

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.

5.2.    Rounding

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.

6.  Non-commercial and non-business purpose of the Services and the Platform

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.  Cancellation policy

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.  Behavior of users of the Platform and Members

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:

• (i)    not to use the Platform for any illegal purposes. Considering both Polish laws, the laws of your country of origin, the country of your residency and the laws of the country you are located at the time of using the Platform or contacting other Members.

• (ii)    not to send Flats in Wrocław (notably upon creation or updating of your Account) or the other Members any false, misleading, malicious or fraudulent information;

• (iii)    not to speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Platform, that may infringe the rights of Flats in Wrocław or a third party or contrary to good morals;

• (iv)    not to infringe the rights and image of Flats in Wrocław, notably its intellectual property rights;

• (v)    not to open more than one Account on the Platform and not to open an Account in the name of a third party;

• (vi)   not to try to bypass the online booking system of the Platform, notably by trying to send another Member your contact details in order to make the communication outside of the Platform and avoid paying the Service Fees;

• (vii)    not to contact another Member, notably via the Platform, for a purpose other than inquiring about the Advert and the Advert details.

• (viii)    not to accept or make payment outside of the Platform, save in the cases authorized by these T&Cs in the case of wanting to make a payment via Bank Transfer.

• (ix)    to comply with these T&Cs and the Privacy Policy.               

8.2.    Undertakings of the Landlords

Furthermore, when you use the Platform as Landlord, you undertake:

• (i)    to respect all laws, regulations and codes applicable to renting a property in Poland, notably to hold a real estate insurance valid at the time of the communication.

• (ii)    to post Adverts corresponding only to real and available Properties.

• (iii)    to Advert a property in good conditions which comply with the applicable legal provisions and customs.

• (iv)    to communicate to Flats in Wrocław or any Member who so requests your ownership, any document demonstrating your ownership of the property and capacity to lease it as Landlord on the Platform;

• (v)    in the case of change in the availability or other details of the property, to inform the Members with which you are actively having a conversation and Flats in Wroclaw without delay;

• (vi)    not to post an Advert relative to a Property you do not own or that you are not authorized to use for the purposes of renting.

• (vii)    to ensure you can be contacted by other Members via phone or SMS on the number registered on your profile and/or Advert;

• (viii)    to ensure you can be contacted by other Members via email pyou registered on your profile and/or Advert;

• (ix)    to behave appropriately and responsibly during the communication and/or meetings with any Member, and in compliance with the spirit of good will.

• (x)    not to decline any communication based on race, color, ethnicity, national origin, religion, sexual orientation, marital status, disability, physical appearance, marital status, pregnancy, special vulnerability due to their economic situation, name, place of residence, health, political opinion, age.

8.3.    Undertakings of the Passengers

When you use the Platform as a Potential Tenant, you undertake:

• (i)    to adopt appropriate behavior during the any communication or meeting.

• (ii)    to respect the Landlord’s property, including the construction, appliances, furniture, building and neighbors as well as its cleanliness;

• (iii)    in the case of any change of your interest towards an Adver, to inform the Landlord without delay;

•  (iv)    to wait for the Landlord at the meeting place for at least 15 minutes beyond the agreed time;

• (v)    to communicate to Flats in Wrocław, or any Landlord who so asks, your identity card or any document evidencing your identity;

• (vi)    not be under the influence of alcohol or any illegal drug during the communication and or meeting with the Landlord.;

• (vii)    to ensure you can be contacted by the Landlord by the email registered on your profile.

• (viii)    to ensure you can be contacted by the Landlord by phone on the number registered on your profile, including at the meeting point.

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.

9.  Suspension of accounts, limitation of access and termination

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 hello@www.flatsinwroclaw.com

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:

• (i)    terminate the T&Cs binding you with Flats in Wrocław immediately and without notice; and/or

• (ii)    prevent the posting of or remove any review, Advert, message, content or any content posted by you on the Platform; and/or

• (iii)    limit your access and your use of the Platform; and/or

• (iv)    temporarily or permanently suspend your Account.

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.

10.  Personal data

In the context of your use of the Platform, Flats in Wrocław will collect and process some of your personal data. In using the Platform and registering as Member, you recognize and accept the processing of your personal data by Flats in Wrocław in compliance with the applicable law and the stipulations of the Privacy Policy.

11.  Intellectual property

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:

• (i)    reproducing, modifying, adapting, distributing, publicly representing and disseminating the Platform, the Services and the content, with the exception of that expressly authorized by Flats in Wrocław;

• (ii)    decompiling and reverse engineering the Platform or Services, subject to the exceptions stipulated by the texts in force;

• (iii)    extracting or attempting to extract (notably using data mining robots or any other similar data collection tool) a substantial part of the data of the Platform.

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:

• (i)    you authorize Flats in Wrocław to reproduce all or part of your Member Content on any digital recording media, known or as yet unknown, and notably on any server, hard disk, memory card, or any other equivalent media, in any format and by any process, known or as yet unknown, to the extent necessary to any operation of storage, backup, transmission or download linked to the operation of the Platform and the provision of the Service;

• (ii)    you authorize Flats in Wrocław to adapt and translate your Member Content, and to reproduce these adaptations on any digital media, current or future, stipulated in point (i) above, with the aim of providing the Services, notably in different languages. This right notably includes the option to make modifications to the formatting of your Member Content, with respect for your moral right, for the purposes of respecting the graphics charter of the Platform and/or making it technically compatible with a view to its publication via the Platform.

12.  Role of Flats in Wrocław

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:

• (i)    erroneous information communicated by the Landlord in his Advert, or by any other means, with regard to the Property and its terms;

• (ii)    cancellation or modification of any meeting and/or rental by a Member;

• (iii)    non-payment from a Potential Tenant to a Landowner in the context of Property Rental;

• (iv)    the behavior of its Members during, before or after any communication, meeting, Property visit and/or Property rental.

13.  Operation, availability and functionalities of the Platform

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.

14.  Modification of the T&Cs

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.

15.  Applicable law – Dispute

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.

16.  Legal notices

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 hello@www.flatsinwroclaw.com

Version dated 24 April 2018