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Carefully, read the following information about the terms and conditions as it contains important information about your rights and obligations. This information includes various limitations and exclusions that concern you, as well as a clause that regulates the jurisdiction and competence in matters of conflict resolution.
The USER states that it understands and, therefore, accepts the "TERMS AND CONDITIONS" as a legal equivalent to a written contract signed and binding by the mere fact of accessing, viewing or using the platform and / or services through the "Web page".
The use of any website under the ownership of SWIFTFLATS, its Services or Materials, attributes the condition of User and, therefore, implies the full and unreserved acceptance of the "TERMS AND CONDITIONS" in force at each moment in which the User access this.
SWIFTFLATS reserves the right to modify at any time these "TERMS AND CONDITIONS". The changes made will be communicated through the Official Website. We recommend you periodically enter this section to be aware of the changes made in this section. Likewise, by the mere fact of accessing, viewing or using the platform and / or services through the "Website", the User accepts such modifications and changes established in this section of "TERMS AND CONDITIONS". Some services of the SWIFTFLATS Web Site may be subject to particular conditions that, if applicable, substitute, complete and / or modify the present "TERMS AND CONDITIONS".
The access, registration, navigation, use of the accommodation and / or services of the SWIFTFLATS Website by minors (less than 18 years of age) is prohibited. The User when accessing and / or using the SWIFTFLATS web platform guarantees and accepts having legal age.
SWIFTFLATS offers an online web platform that connects Owners or managers of Accommodation (hereinafter "Owner/s") with Tenant/s (below defined), who wish to reserve said accommodation for periods longer than one month. Such Services can be found at www.swiftflats.com through which SWIFTFLATS offers its Services.
The website is used to facilitate the reservation of Tenant Accommodation for stays longer than one month. These accommodations are announced on the website by the SWIFTFLATS team upon request and with the approval of the Owners, making available the necessary technology for this purpose.
The responsibilities of SWIFTFLATS are limited to:
All Website Ads and services are created and verified by SWIFTFLATS.
The Owner undertakes to provide all the necessary information requested by SWIFTFLATS, which includes: the location, capacity, size, characteristics and availability of the Accommodation, as well as the price, and everything related to the payment terms.
The creation of Ads is free for the Owner. The Owner will give his consent by means of authorization for which she/he will approve the publication of the announcement and will accept these Terms and Conditions. The Owner understands and accepts that once the Tenant reserves the Accommodation, the price of this reservation cannot be altered. SWIFTFLATS guarantees the characteristics of the Accommodations as of the date SWIFTFLATS verified them. The Tenant acknowledges that the Accommodation she/he booked was verified on a different date and prior to the reservation date and that the characteristics of the same may differ from the conditions at the time SWIFTFLATS verified them. However, the Owner must maintain the Accommodation in conditions similar to those shown in the advertisement. If the conditions of the Accommodation differ very much from those of the advertisement, SWIFTFLATS reserves the right to withdraw the Advertisement of such Accommodation from the website.
ALTHOUGH OWNERS MAY USE ANY PLATFORM OR MEANS TO RENT THEIR PROPERTIES, SWIFTFLATS IS THE OWNER OF ALL COPYRIGHTS OR ANY OTHER INTELLECTUAL PROPERTY ABOUT AUDIOVISUAL AND ADVERTISING MATERIAL AND ONLY SWIFTFLATS HAS THE RIGHT TO USE IT. IF THE OWNER OR A THIRD PARTY USES SUCH SWIFTFLATS MATERIAL WITHOUT A WRITTEN PERMISSION, SWIFTFLATS RESERVES THE RIGHT TO CLAIM THE USE OF SUCH MATERIAL AND SWIFTFLATS RESERVES THE RIGHT TO DEMAND THE CORRESPONDING INDEMNITY.
The Tenant, when selecting the Accommodation that she/he wishes to reserve, must complete the information requested by SWIFTFLATS through the website, SWIFTFLATS will provide detailed information about the amount of the Commission that the Tenant authorizes to be captured by SWIFTFLATS, in case the reservation is accepted by the Owner, through the payment methods available on the website. Once this information is completed, the Tenant will receive an email automatically with the summary of her/his reservation to which she/he will be given a reference number. Afterwards, SWIFTFLATS will send a reservation request to the Owner, who will have 48 working hours to accept or reject the reservation.
When a Reservation Request is made through the website, we will share with the Owner:
Data referring to the Tenant: age, nationality, company / university, profession, studies and other data that the Owner specifically requires.
If the Owner accepts the reservation requested by the Tenant, SWIFTFLATS will capture the First Payment and the SwiftFlats Tenant Commission plus its corresponding Value Added Tax (VAT) and will send an email to both the Landlord and the Tenant confirming said reservation and placing the parts in contact. From this moment, it is the responsibility of the Owner to provide all the necessary information to the Tenant for its entry into the Accommodation.
The Owner acknowledges that she/he is solely responsible for any Ad that she/he approves for publication and that she/he has full rights to dispose of and authorize the reservation of the property advertised.
Likewise, the Owner confirms that by accepting a reservation:
SWIFTFLATS assumes no responsibility for the breach of the applicable laws, rules and regulations by the Owner. SWIFTFLATS reserves the right to, at any time and without prior notice, withdraw the publication or disable access to any Advertisement for any reason, including those Ads that SWIFTFLATS, in its sole discretion, deems contestable for any reason.
Both the Owner and the Tenant understand and accept that SWIFTFLATS in no way acts as an insurance agent or of any kind for the Owner. Regardless of the aforementioned, SWIFTFLATS acts as an intermediary authorized by the Owner to exclusively accept and receive from the Tenant the First Payment of the reserved accommodation and, once discounted the SwiftFlats Commission and its corresponding Value Added Tax (VAT), transfer said payment to the Owner.
SWIFTFLATS provides the Owner with certain information about the Tenant who wishes to make the reservation that she/he has provided and authorized for that purpose. Both the Owner and the Tenant understand and accept that they are responsible for their own actions and omissions in this regard.
The minimum reservation period through the website is one month, and the Owner can establish a higher minimum period.
The Owner will decide the type of contract she/he will apply to his Accommodation, being able to choose between the following types: daily, fortnightly or monthly.
When the Tenant makes a reservation and this is confirmed by the Owner, she/he will transfer to SWIFTFLATS the First Payment plus the SwiftFlats Commission, the latter with its corresponding Value Added Tax (VAT), through the payment methods available on the site. Web.
The "SwiftFlats Tenant Commission" is a percentage of the Total Value of the Reserve plus the Value Added Tax (VAT) that will be charged by SWIFTFLATS to the Tenant for the services rendered.
The Total Value of the Reserve is the total price for the requested rent that will vary according to its total duration and the price assigned to each of the days of its duration. The "SwiftFlats Owner Commission" is a percentage of the Total Value of the Reserve that SWIFTFLATS will charge the Owner for the services rendered. The "Owner SwiftFlats Commission" and its corresponding Value Added Tax (VAT) will be deducted from the First Payment.
SWIFTFLATS will only transfer the first payment discounted by the "SwiftFlats Owner Commission" and its corresponding Value Added Tax (VAT) to the Owner after 48 hours from the Date of Entry (indicated in the reservation) as long as the Tenant has not informed SWIFTFLATS of no Essential Deficiency.
In any case, the Owner is the one who determines, at his/her discretion, the price of the Accommodation.
The discount or promotional codes will only take effect if they are used at the time of the Reservation Request or before the reservation is confirmed by the Owner, under no circumstances can the discount be obtained at a later time./p>
After the Owner accepts the reservation and SWIFTFLATS has sent the reservation confirmation to both the Tenant and the Owner, including the contact information of the two parties, it is the Owner's responsibility to provide any additional instructions to the Tenant regarding its entry into the Accommodation.
The Owner must guarantee that the Accommodation reserved by the Tenant is in the expected and reasonable conditions in terms of habitability and that the characteristics published in the Accommodation Advertisement have been maintained, as well as the terms relating to the price.
Policy applicable when the Tenant moves to the Accommodation.
The Tenant, during the first 24 hours of the Date of Entry into the Accommodation, may inform SWIFTFLATS of all the Essential Deficiencies thereof, as well as warn of the inaccuracy of the Accommodation in relation to the characteristics indicated in the Announcement by sending an email to info@swiftflats.com, indicating the reservation ID, adding the Owner in copy in the email and obligatorily enclosing visual evidences (photos and / or videos) of the Essential Deficiencies. Once the SWIFTFLATS team receives the email, at its own discretion, it will verify and assess the circumstances.
Essential Deficiencies will be considered those that suppose conditions of uninhabitability, a risk to health and/or those substantial modifications that differ from the description of the Announcement.
In case the SWIFTFLATS team considers that there is an Essential Deficiency, the Owner will be given a period of 48 hours to begin to solve such deficiencies that must be solved in a reasonable time.
If the Owner does not resolve the deficiencies in a reasonable time, it will be in breach of these Terms and Conditions, which will entitle the Tenant to cancel their reservation, so that the Owner Cancellation Policy will be applied to the Owner (See Cancellation Policy for Owners) and SWIFTFLATS will give the Tenant one of the following solutions of their choice:
In the event that the SWIFTFLATS team considers that there is no Essential Deficiency and the Tenant cancels for reasons that are unfounded (at the discretion of SWIFTFLATS), the Tenant will lose the SwiftFlats Tenant Commission and its corresponding Value Added Tax (VAT) and the First Payment, being the latter transferred in full to the Owner.
SWIFTFLATS will only transfer the First Payment (after discounting the SwiftFlats Commission and its corresponding Value Added Tax (VAT) to the Owner after 48 hours from the Date of Entry (indicated in the reservation) as long as the Tenant does not has informed SWIFTFLATS of any Essential Deficiency.
SWIFTFLATS is not part of the lease. This contract will be signed only by the Tenant and the Owner, therefore, SWIFTFLATS has no legal liability or of any kind in case of any type of conflict, disagreement or claim. Any circumstance derived from the aforementioned Lease Contract shall be settled between the Tenant and the Owner. Likewise, SWIFTFLATS will not be a party to any negotiation with respect to any bond or guarantee required by the Owner to the Tenant reflected in the Lease or in any other type of agreement, nor will it intervene in any way in any dispute arising as a result thereof.
SWIFTFLATS advises both the Tenant and the Owner to carefully read the rental agreement, or any other agreement they reach as it will be the document that will govern the relationship between them.
Article 16 of Directive 2011/83 / EU of the European Parliament and of the Council of October 25, 2011 establishes the Exceptions to the Right of Withdrawal "Member States shall not include the right of withdrawal referred to in Articles 9 to 15 in contracts to distance and contracts concluded outside the establishment that refer to: a) service contracts once the service has been fully executed when the execution has begun, with the prior express consent of the consumer and with the acknowledgment on his part that he is aware that, once the contract has been fully executed by the merchant, he will have lost his right of withdrawal. "
The SWIFTFLATS services are completely executed:
THEREFORE, THE USER UNDERSTANDS, AGREES AND CONSENTS THAT ONCE THE SERVICES HAVE BEEN COMPLETELY EXECUTED (AS SET FORTH ABOVE) BY SWIFTFLATS, THEY HAVE LOST THEIR RIGHT OF WITHDRAWAL.
In the event that the reservation has been accepted by the Owner, and that the Tenant and the Owner have signed a Rental Agreement, in any of its forms, the cancellation policies will be those included in the aforementioned contract of which SWIFTFLATS is not part.
If the Owner cancels the reservation before the Entry Date or before the Landlord and the Tenant sign a Rental Contract, the SwiftFlats Tenant Commission will be returned to the Tenant with the corresponding Value Added Tax (VAT) and the First Payment. In regards to the SwiftFlats Owner Commission:
In the case that the tenant arrives at the flat and the booked room is occupied by another tenant:
SWIFTFLATS reserves the right to claim any of the aforementioned amounts in case it is necessary to apply any of the penalties described above, the Owner understands and accepts that SWIFTFLATS will send a request for payment and that she/he will be obliged to pay these amounts to SWIFTFLATS .
When a Tenant has made a Reservation of Accommodation and this has been accepted by the Owner, SWIFTFLATS will charge the Tenant the SwiftFlats Tenant Commission and its corresponding Value Added Tax (VAT) plus the Initial Payment. If the Tenant cancels the requested reservation before it is accepted by the Owner, no amount will be charged.
If the reservation has been accepted by the Owner and the Tenant cancels it, the SwiftFlats Tenant Commission and its corresponding Value Added Tax (VAT) will in no case be reimbursed by SWIFTFLATS to the Tenant.
There are 3 types of cancellation policies for Tenants, of which the Owner can choose one at her/his discretion and that will be shown in the Notice of her/his Accommodation:
(In the event that the Owner does not choose any of the 3 policies, the default standard cancellation policy will be applied).
Strict
Moderate
Flexible
Intention to cancel or modify a reservation by the Tenant.
The Tenant can contact any means with SWIFTFLATS to communicate its intention to cancel or modify a reservation. In the event that the tenant wishes to cancel the reservation, the cancellation policies above will be applied.
In the event that the Tenant wants to modify the reservation, this will be conditioned to the needs and interests of the owner.
In the event that once the reservation is made to the Tenant by SWIFTFLATS and that, for any reason, it is not possible to capture the entire amount to cover the reservation of an Accommodation, for reasons not attributable to SWIFTFLATS; Tenant will be sent a payment request to pay the remaining amount in the next 24 hours, if this payment is not completed by the Tenant, SWIFTFLATS will charge the equivalent amount to the SwiftFlats Commission and its corresponding Value Added Tax (VAT) and proceed to cancel the reservation of accommodation, not being in any case this amount reimbursable to the tenant, nor transfer any amount to the owner.
In addition to the charge mentioned above, the following charges will also apply to the Tenant:
SWIFTFLATS, reserves the right to claim any of the amounts previously exposed in case they could not be captured, the Tenant understands and accepts that SWIFTFLATS will send a request for payment and will be obliged to pay these amounts to SWIFTFLATS.
Once the Rental Agreement or any other agreement reached by the Tenant and the Owner is signed, it will be the sole responsibility of the Owner to collect the rent from the Tenant. SWIFTFLATS will not be responsible in any way for the collection of the rent or for any non-payment that may occur.
After the 24 hours have elapsed since the Date of Entry of the Tenant into the Accommodation and that SWIFTFLATS has transferred the First Payment to the Owner, all legal and any kind of relationship between SWIFTFLATS and the Tenant shall terminate, as well as, between SWIFTFLATS and the Owner, with regard to that reservation. SWIFTFLATS shall have no responsibility with respect to any event arising from the subsequent relationship between the Owner and the Tenant.
The Tenant is responsible for maintaining the Accommodation in the conditions it was when it was installed in the Accommodation. The Tenant and the Owner acknowledge and accept that they are responsible for their own actions and omissions, as well as those of any person who invites or allows access to the Accommodation. SWIFTFLATS will not be responsible in any case for the damages produced in the Accommodation, being such responsibility settled between Owner and Tenant.
In the case of having contracted a Tenant Insurance that includes Civil Liability through www.swiftflats.com, the insurance will be valid only and exclusively during the period of stay established in the booking registry. In the case of wanting to extend the validity of this insurance, the tenant must inform with a minimum period of 15 days by sending an email to insurance@swiftflats.com and indicating the date of extension, this will never exceed 12 months.
In case of having any doubt or incident regarding the Tenant Insurance that includes Civil Liability send an email to insurance@swiftflats.com .
SWIFTFLATS, at its own discretion and without obligation to justify any cause may restrict access to the Website, disable or cancel the Ads; all without incurring any responsibility and without obligation of notice.
The Owners may request SWIFTFLATS to remove the Advertisements of their Platform Accommodations by writing to: propietarios@swiftflats.com . Please note that if Ads are canceled, SWIFTFLATS has no obligation to assign the content thereof to any Owner.
All the details https://www.swiftflats.com/es/view/65/privacy-policies.
These Terms and Conditions will be interpreted according to Spanish legislation.
Any dispute arising out of this agreement shall be definitively resolved through arbitration administered by the Spanish Court of Arbitration, in accordance with its Regulations and Statute, which is entrusted with the administration of the arbitration and the appointment of the arbitrator or the arbitrators. The location of the arbitration will be Bilbao.
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