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Terms & Policies of Viaflats

Welcome to Viaflats. We are an online platform where tenants can book their medium-to-long term homes in an easy way. Landlords can receive quality booking requests from prospective tenants from all over the world.

We have done our best to develop the terms and conditions in an easy and understandable way. Unfortunately, the realities of the legal world make it difficult to make it a simple task.

Hence, if you have any questions about any parts of the following terms, feel free to contact us.

Please also read the whole document as there are important elements in every part.

What is Viaflats?

Viaflats is an online marketplace for student accommodation. Viaflats connects aspiring tenants and housing providers. Viaflats is a brand of StudentFlat registered under the following company number at the Dutch chamber of commerce: 57465657. The VAT number is the following: NL 852592322B01

Terms of service

Viaflats owns « www.viaflats.com » referred in these terms as the « Site » and provides an online platform that connects Landlords (as defined below) who have Accommodations (as defined below) and Tenants (as defined below) and provides an online booking system, which facilitates the booking of such Accommodations by Tenants. Viaflats is not a party to any agreement entered into between Tenants and Landlords.

If you do not agree with the above, we unfortunately decline to offer you the service.

Key terms

– « Collective Content » means all content that Viaflats make available on the Site, including third party Content.

– « Content » means the content (text, images, media) that Viaflats make available on the Site.

– « User » means a User who navigates through [http://www.Viaflats.com/] and all pages of the Site.

– « Member » means a user who is registered on [http://www.Viaflats.com/] and all pages of the Site.

– « Service » means the Service performed by Viaflats and the sending of booking requests to Landlords.

– « Site » concerns the site of Viaflats and the platform

– « Marketing Materials » means all photos, videos, and descriptions used on Viaflats and specifically on Listings pages.

– « Tenant » means a Member who makes a booking request

– « Landlord » or « Housing Provider » means a Member who makes available an Accommodation on the Site.

– « Listing » means the Accommodation page where tenants may learn more about the Accommodation.

– « Service fee » means the amount charged by Viaflats to the Member on the platform.

– « Booking request » describes the booking made by a Member on the Site before it is accepted

– « Confirmed booking » describes the status of a booking made by a Member after it is accepted by a Landlord.

– « Cancellation Policy » means the way a Member can cancel a Booking made on the Site

– « Check in » means the entry date by the Tenant in the Accommodation

– « Check out » means the leaving date of the Tenant in the Accommodation

– « Taxes » means all applicable taxes (VAT, sales taxes) when a Tenant books an accommodation on Viaflats

Modification

Viaflats retains the right to modify at any time the present terms and conditions without giving notice and without notifying the User. The User is required to read frequently those terms.

Booking process

– Viaflats provides an online platform, which facilitates the booking of Accommodations. Landlords can submit offers of Accommodations and Tenants can submit booking requests via an online booking system.

– To send a Booking Request for an Accommodation the Tenant has to create an Account and upload the Identity Documents, Other Documents, and complete his Profile Information entirely.

– The Tenant has then to complete the Payment, either via Stripe or Paypal of the First Month Rent and the Service fee.

– Once the Booking Request is sent, the Landlord has 48 hours to Accept or Reject the Booking Request.

– The Booking Request is then confirmed or cancelled by the Landlord.

– If the Booking Request is not accepted by the Landlord, the Tenant will receive a Full Refund of the First month rent and the Service fee.

– If the Booking Request is accepted by the Landlord, the Landlord will receive the first month rent 24 hours after the Check in date of the Tenant or 24 hours after the Tenant notifies Viaflats that the contract has been signed between the Landlord and Tenant.

– After the Booking is confirmed, the Landlord is responsible for collecting the Deposit and the Monthly rent, unless otherwise agreed by Viaflats and the Landlord.

– After the Booking is confirmed, the Landlord is responsible for arranging the Check in, Key delivery and ensuring that the Accommodation state represents what is advertised on the Marketing Materials.

Indication of Booking change

The Tenant may indicate to the Landlord that he may want to change the Check in or Check out date. By doing so, the Tenant understands that it might not be possible and that Viaflats has no control over the acceptance of such proposed changes. The Tenant also understand that if he may need to cancel as a result, he may forfeit his First month rent and service fee in entirety.

Exclusion of Right of Withdrawal

European Union legislation provides for a right of withdrawal upon the entering of online agreements (distance selling).

The following right of withdrawal shall be excluded after full performance of Viaflats’ service.

The Service is fully performed once a Booking Request is accepted by the Landlord.

By accepting these terms you hereby unequivocally accept the following : « I consent that Viaflats immediately starts performance by following my booking and service request to the Landlord before my statutory right of withdrawal ends. Upon acceptance of my booking request by the landlord, the agreement will be fully performed by Viaflats and I will forfeit my right of withdrawal ».

Accommodation Listings

– Viaflats provides Accommodations which are referred to in the site as « Listings » where Tenants may learn more about the Accommodations proposed.

– Viaflats create all listings on the platform. Landlords, by clicking on « Publishing listing » then agree that all the content included in the listing is correct and accurate. The Landlord can ask Viaflats at anytime to make changes in the advertisement as long as there are no pending booking requests. Specifically, the Address, Monthly rent, Deposit, or Other fees cannot be changed, or the Landlord has to ask the team of Viaflats before there are any booking requests. Landlords agree to respect to the full possible extent of the law the content of all applicable laws and respect all agreements entered with third parties when publishing a listing on Viaflats.

– All Photos, Descriptions, Texts, as referred to as « Marketing Materials » are the property of Viaflats and cannot be used outside the Site. Landlords agree not to use the Marketing Materials outside the platform of Viaflats in any way. Viaflats will give the matter to competent Intellectual Property matters courts if deemed necessary and is permitted to charge a fee of €150,- to Landlords per breach.

– The Landlord acknowledge he is responsible for notifying Viaflats of any change of content of the Listings it manages.

– Landlords acknowledge that they have the full right to offer, rent, lease, or sublease the Accommodations they offer on the platform.

– Landlords acknowledge they comply with all applicable (international, national, municipal) laws concerning their accommodations.

– Landlords are required to maintain the property in similar standards as what is advertised in the listings.

– The Landlord acknowledge that it is prohibited to modify any information concerning the Listing if there are pending or confirmed bookings. If such changes are made, it may lead to a cancellation of booking by the tenant.

– The Landlord acknowledge that if there are serious Modifications to the Rental conditions, the Tenant might cancel the Booking.

Limited Endorsement

Viaflats does not endorse any Member or any Accommodation. By visiting and using the Site you understand and agree unconditionally that the Marketing Material displayed on the Site is intended only to indicate a photographic representation taken at the time the Photography was taken by the Viaflats Property Checkers. The Verified Listing Label does therefore not guarantee that at the time the Tenant enters into the Accommodation, that it will unconditionally match what is represented in the Marketing Materials. Landlords acknowledge he is responsible for maintaining the property in similar conditions as to what is advertised in the Marketing Materials ». The Landlord will solely be responsible for any excessive changes of conditions and its ensuing consequences. The Landlord understands that the Tenant may cancel the booking if the conditions change excessively from what is advertised in the Marketing Materials and that Viaflats will offer no compensation to the Landlord in case a tenant decides to cancel the booking as a reason.

Viaflats does not endorse the Information displayed in the Member Profiles, be it as regard to the Identity Documents, Personal Information given by tenants. Viaflats does not guarantee in any way that the information given to Housing Providers is 100% accurate and Housing Providers have to exercise their own Due Diligence by checking Tenants Profiles.

Viaflats' cancellation Policies

Viaflats has the following cancellation policy for Tenant :

– If the Tenant decides to cancel the Booking after the Booking is Confirmed, the service fee is never reimbursed to the tenant. The Landlord may decide at its own discretion and according to the Cancellation Policies of the Accommodation to refund the First Rent Payment in its enterity, in part, or not at all.

Viaflats has the following cancellation policy for landlords :

– If the Landlord cancels the booking at anytime, the service fee and First month rent will always be refunded to the Tenant if the Tenant does not move in the said Accommodation or any other accommodation from the Landlord.

– Landlords agree to inform promptly the Tenants in case of cancellation or impossibility to suggest the Accommodations.

– Landlords agree that they will be liable to reimburse the service fee to the Site if they cancel a booking after it has been confirmed on the platform.

– Landlords understand that a notice will be displayed on their profile stating that they made a Cancellation and that a warning will be given to them. Landlords understand that if they do not observe a proper conduct towards tenants they may have their account closed for an indefinite period of time.

Refund Policy

a) Pending booking requests

If a booking request is not accepted by the Landlord, the Tenant will always receive the full amount (First month rent + service fee) paid on the platform in its entirety.

b) Confirmed booking requests

i) The Tenant has 24 hours, after the Check in date to inform the landlord of defects, alterations, and changes in the Accommodation. It is the Landlord responsibility to inspect. It is the sole responsibility of Viaflats if he deems necessary to refund the tenant of the First month rent and the service fee.

ii) If the Tenant and Landlord decide to sign a contract before the Check in date, the tenant forfeit his refund policy of First month rent or any service fee unless the Landlord is unable to deliver the Accommodation at the check in date or cancels the contract. If the Tenant and Landlord decide together to rent another Accommodation of the Landlord than originally agreed upon on the Site, the Tenant forfeit his refund policy.

iii) In the cases of ii) and iii) all refunds are at Viaflats sole and entire discretion and based on specific cases only.

iiii) If the landlord makes a mistake as regard to the content of the listing, an if the tenant asks for an eligible reimbursement as regard to the terms set in Viaflats, the landlord must reimburse the booking fee to the tenant as compensation.

Tenancy Agreement, Rent and Deposit

Viaflats is not a party to the agreement you will sign with the Landlord or any of its representatives. Viaflats also cannot be held responsible for the payment or refund of the Deposit you may have to pay to the landlord. Viaflats does not guarantee to the Landlord that the rent will be paid by the tenant. It is the Landlord responsibility to collect the rent.

Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU MAY HAVE WITH OTHER MEMBERS OF VIAFLATS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER VIAFLATS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOORINGO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

• use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, ”scrape,” ”crawl” or ”spider” any web pages or other services contained in the Site, Application, Services or Collective Content;

• access or use our Site, Application, Services to use, expose, or allow to be used or exposed, any Viaflats Content that is not published in the search results page or that is not available before a booking is confirmed or that is displayed in the private profiles.

• use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;

• copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;

• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

• interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of- service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

• use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

• use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (”spam”) or advertisements unrelated to lodging in a private residence;

• ”stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Tenant or Landlord.;

• offer, as a Landlord, any Accommodation that you do not yourself own or have permission to rent;

• offer, as a Landlord, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party.

• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

• use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;

• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party”s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

• systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

• use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content.

• access, tamper with, or use non-public areas of the Site, Application or Services.

• attempt to probe, scan, or test the vulnerability of any part of the Site or network or breach any security or authentication measures;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Site or any of the Viaflats”s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;

• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or

• advocate, encourage, or assist any third party in doing any of the foregoing.

Indemnity and Release

Members of the Site unequivocally hold harmless Viaflats, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

Members of the Site release Viaflats and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Members and specifically waiver any claims or demands that they may have in this behalf under any statute, contract or otherwise.

Copyright Policy

All Marketing Materials are the property of the Site and may not be used at anytime outside the site.

Privacy Policy

Viaflats may use your details for its own internal marketing efforts and will share your details with the Landlord in order to facilitate the booking of your Accommodation. Viaflats will only share your full details (First name, Last name, Studies, Age, Address, Email, Phone Number, Personal Documents, Address, Other documents) to the Landlord once your booking is confirmed. Viaflats will share personal details such as First name, Nationality, Age, Studies to the landlord when you make a booking request.

You can request at anytime Viaflats to delete your personal information or you can do so directly in your account.

Applicable Law

The Applicable Law is the Law of the Netherlands and the applicable court will be any competent courts in the Netherlands.

Where can I contact Viaflats?

Viaflats can be contacted via email at support@viaflats.com or via phone at +31 85 208 4834 or by visiting our head office at Sint Annalaan 60, 6217KC, Maastricht, Netherlands.