Terms of Service

FIFTYFIVE s.r.o., with its registered seat at Uruguayská 78/12, Vinohrady, 120 00 Prague 2, Czech Republic, a company incorporated and existing under Czech law, registered with the Municipal Court in Prague under file no. C 117464, company ID no. 27591123

 

Preamble

Welcome to our website. If you continue to register with and use this website, you are agreeing to comply with and be bound by the following Terms of Service, which, together with our privacy policy, govern Student Room Flat’s relationship with you in relation to this website. These Terms of Service contain very important information about your rights and obligations. Please take sufficient time to read and understand ALL of these Terms of Service carefully before using our services. If you do not agree to these Terms of Services, we cannot provide our services to you.

The term 'Student Room Flat', 'SRF' or 'us' or 'we' refers to the owner of the website – FIFTYFIVE s.r.o., a company incorporated and existing under Czech law, whose office is Student Room Flat, Jana Masaryka 43, Vinohrady, 120 00 Prague 2, Czech Republic; e-mail: info@student-room-flat.com

The term 'you’ or ‘User' refers to the user or viewer of our website.

The term ’Provider’ refers to the Owner of the room / apartment presented on the website / Landlord / Lessor.

The term ’Services’ refers to our brokerage services concerning the lease of rooms / apartments offered through the Website.

 

I. Acceptance of Terms of Service

1. By registering to use the Website and/or the Services you accept and agree to be bound by these Terms of Service the entire time you use the platform student-room-flat.com.

2. Student Room Flat may at any time modify or amend these Terms of Service effective for the immediate future. Student Room Flat is not obliged to give users prior notice of any amendment taking effect. It is the responsibility of the User to remain up-to-date with these Terms. This is without prejudice to the Terms of Service effective as of the date of submitting booking request by the User.

3. Any and all agreements between SRF and the User as well as all rights and obligations arising thereof or from using the website shall be governed by the Czech law, especially Act No. 89/2012 Coll., the Civil Code. All disputes or claims arising out of or in connection with provision of the Services, the brokerage agreement or use of the Website shall be finally settled by the Czech courts.

4. Any disputes arising between SRF and the User may be settled out of court through the Alternative Dispute Resolution or Online Dispute Resolution (ADR/ODR) procedure. Competent office for ADR in the Czech Republic is the Czech Trade Inspection Authority. For more information on ADR click here, for information on ODR click here.

 

II. What is the Website?

 

1. The Website student-room-flat.com is an electronic platform which enables Users to browse, search and rent a room at various locations offered on the Website and enables Providers to advertise it to Users. Therefore, the Website serves as a platform via which the User selects a room to rent and enters into a brokerage agreement with SRF and SRF as an agent arranges the conclusion of a lease agreement between the User and the Provider.

2. Bookings can be made for short or long terms (usually ranging from 28 days upwards).

3. Student Room Flat provides brokerage services to Users and Providers. Any Lease Agreement shall be entered into between the User and the Provider directly; SRF is not responsible for the Lease Agreement.

4. Please note that in some cases FIFTYFIVE s.r.o. represents the Provider based on an authorization of the Provider. For example, FIFTYFIVE s.r.o. is authorized to collect advances for the 1st rent and guarantee deposit (or even collect all rents pursuant to the Lease Agreement) on behalf of the Provider (payments via the Website). Authorization of FIFTYFIVE s.r.o. shall be produced to you upon request.

 

 

A - YOUR USE OF THE WEBSITE

 

I. Student Room Flat rights

 

1. By using the website and making use of our services, you hereby grant Student Room Flat the following rights:

- The right to refuse for just cause access to the Student Room Flat platform without prior notice

- The right to suspend, amend or disable for just cause your profile and/or account for any reason without prior notice

- The right to update the website, fees and billing methods without prior notice (without prejudice to already made bookings)

- The right to update these Terms of Service at any time (without prejudice to already made bookings)

- The right to report you to the relevant local authority should SRF, at its sole discretion, believe that your conduct is unlawful

- The right to refuse any booking request without any reason, at Student Room Flat or Provider's discretion

- The right to share your information with the Provider for the purpose of concluding and fulfilment of Lease Agreement

We are entitled at any time to discontinue the website and services without being liable either to compensate or to indemnity for damages. Should such circumstances arise we will notify you within reasonable time, if possible.

 

II. Terms of use of the Website

 

1. The continued usage of the Website and services of student-room-flat.com by Users is always deemed as a form of implied consent and agreement to the most recent and updated version of these Terms of Service.

2. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. Student Room Flat may require you to provide evidence of your power of representation.

3. The Website and services offered by Student Room Flat are intended solely for persons who are above the legal age of majority in their country of residence, i.e. 18 years in most European countries, or under supervision of such person. Any access to or use by anyone under the legal age of majority is prohibited. By accessing or using our platform you hereby represent and warrant that you are at least the legal age of majority or older in your country of residence.

4. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties.

5. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

6. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

7. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

8. Apartments / rooms correspond materially to their presentation on the Website. Minor differences may not be to the detriment of SRF.

9. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

10. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

11. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

12. You are not allowed unauthorized access to the website with account credentials of another person i.e. by using forged credentials or by circumventing any technical security measures, regardless whether these measures are actually adequate or not.

13. You are not entitled to use the website to send unsolicited messages.

14. It is not permissible to disclose credentials to any other party. If you suspect that your credentials are in the possession of a third party, you undertake to notify Student Room Flat immediately.

15. Student Room Flat warrants that your personal data is processed in accordance with applicable legislation and with the Student Room Flat Privacy Policy. This means that we neither process your personal data outside the European Union nor outside a company that is not a “Safe Harbour Principles” certified company. For further information please see our Privacy Policy.

16. Failure to comply with the Terms of Service may result in suspension or disabling of your profile on the Website by Student Room Flat.

 

 

B - AGENT-CLIENT RELATIONSHIP

i.e. BOOKING SERVICES

 

I. Brokerage Agreement

 

1. The User as client enters into a brokerage agreement with SRF as agent by submitting a booking request via the Website. Under the agreement the agent undertakes to arrange the conclusion of a Lease Agreement between the User and the Provider, and the User undertakes to pay the agent, SRF, a commission, subject to the provisions hereof.

2. The User is obliged to pay a 100 % advance on the commission, i.e. the booking fee, at latest 10 days after notification from SRF on availability of the requested Flatshare and payment information.

3. The commission is due by arranging for the User the opportunity to conclude a Lease Agreement.

4. Student Room Flat provides brokerage services to both Users and Providers. Provision of article 2450 of the Civil Code shall not apply (i.e. SRF is entitled to a commission despite providing brokerage services to both you and the Provider).

 

II. Booking Service Process

 

1. Users are able to submit a Booking Request for the lease of a room / apartment through the Website. The User must select the dates and the room that he wishes to book and send a booking request. This is considered as request for brokerage services – by submitting a booking request you enter into a brokerage agreement between you as a client and SRF as an agent subject to the provisions hereof.

2. If the selected room / apartment is available, the User receives a notification via email and he may proceed to the booking online and to pay the booking fees. Booking fees represent an advance on the commission of SRF.

3. After payment of booking fees and guarantee deposit by the User, the booking is confirmed by SRF.

4. The User receives a confirmation by email confirming the booking and Student Room Flat puts the User and the Provider in contact to enter into the Lease Agreement. By exchanging contact details of the User and Provider, represented by SRF, as the case may be, the opportunity to conclude the Lease Agreement is arranged and the commission of SRF is due. The Lease Agreement is then concluded between the User and the Provider and signed upon the arrival of the User.

5. In case of late booking, i.e. less than 15 days before the lease start date, the lease is confirmed when Student Room Flat has received the payment of the booking fees and payments of advances on the guarantee deposit and first rent, and the User has also received a confirmation by email confirming the booking. The Lease Agreement is then concluded between the User and the Provider and signed at the arrival of the User.

6. Commission due to Student Room Flat is paid in the form of booking fees. Booking fees are never refundable.

7. Booking fees (commission) are calculated according to the term of the Lease Agreement as follows:

0-60 days: 20 % of total rent + VAT

61-180 days: 15 % of total rent + VAT

181-270 days: 10 % of total rent + VAT

271-365 days: 9 % of total rent + VAT

8. Actual VAT in Czech Republic amounts to 21 %.

9. The dates of the Lease will be used as dates of beginning and end of the lease and for booking fees calculation. Rent and booking fees should be paid accordingly, even if the User decides to check in later or check out earlier in his accommodation.

 

 

C - LEASE AGREEMENT

 

Any Lease Agreement shall be entered into between the User and the Provider directly (represented by FIFTYFIVE s.r.o., as the case may be) by signing a written copy of it upon the Users arrival at the leased premises or elsewhere as agreed.

 

I. Rent Payment

 

1st rent payment

The User shall pay a 100 % advance on the first rent at latest 15 days before the lease start date (except in case of ‘late booking’) to the Provider via Website or directly to the Provider.

In case of late booking, i.e. less than 15 days before the lease start date, the advance on the first rent shall be paid upon booking along with booking fees and advance on the guarantee deposit.

In case the advance on the first rent is paid late or is not duly paid, Student Room Flat on behalf of the Provider reserves the right to cancel the User booking and not conclude the lease. In such case, advance on the guarantee deposit which was already paid by the User will be retained by SRF as a withdrawal fee. A booking fee is not refundable.

Rent payment

The payment of all other rents (besides the first rent) shall be done monthly, by the last day of the previous month via the Website or directly to the Provider pursuant to the Lease Agreement. You will be notified of the method of payment by email and in your Lease contract at your arrival.

Total payment for the lease consists in rent plus service charges (wifi, internet, electricity, gas, water).

Default of payment:

In any case of default of payment, the Provider is entitled to a default interest under Czech law in the statutory amount from the first day after the respective payment is due.

Refundable guarantee deposit

Upon booking, the User pays a 100 % advance on a refundable guarantee deposit. Such guarantee deposit equals to the same amount as monthly rent including service charges. 

The advance on the guarantee deposit is collected by Student Room Flat on the Website on behalf of the Provider and will be transferred to the Provider after the initial check-in / arrival date.

The use of the deposit and its refund at the end of the Lease is the Provider’s responsibility and is subject to the Lease Agreement.

The User has the obligation as soon as possible, before arrival date, to fill in its complete international bank details in his Customer space on Student Room Flat Website, so the deposit may be sent back by the Provider. For this purpose the User’s bank details may be shared with the Provider.

 

 

II. Methods of Payment

 

Payment for the booking fees and advances on the guarantee deposit and 1st rent shall be made via Paypal in Czech crowns through our system on Student Room Flat Website. Upon request of SRF the payment shall be made by bank transfer (IBAN); related costs and both payers and receivers bank fees are borne by the User.

Student Room Flat is not responsible for the payments from countries not covered by Paypal.

Payments of rent may be made by bank transfer directly to the Provider or via Paypal through Student Room Flat Website subject to the Lease Agreement with the Provider.

Costs of payment are borne by the User. Cost of the debit card/Paypal payment is 3 % of the amount paid on the website.

 

 

 III.     State of the flat and noise disturbance

 

Student Room Flat cannot be held responsible for non-material differences between the presentation of the room or apartment on the Website and its actual state. Those differences and modifications cannot be a reason for cancellation of the Lease before or after the User’s arrival at the apartment.

Student Room Flat or the Provider cannot be held responsible (to the extent not in violation of any hygienic standards) for any noise pollution or other disturbances coming from other apartments, buildings, road works etc.

 

IV. Arrivals and Departures policies

Once the booking is confirmed by Student Room Flat, the User shall receive a booking confirmation email with the Provider’s contact in order to organize the arrival.

It is the responsibility of the User to provide to the Provider information regarding its arrival date and time in order to facilitate an easy and successful move in. The User shall confirm with the Provider at least seven days before the lease start date, otherwise the Provider will not be able to guarantee availability at the day and time requested by the User.

The User shall contact the Provider by email in order to agree on the day and time for the arrival.

It is the responsibility of the User to provide information regarding its departure date and time in order to facilitate an easy and successful vacation of the leased premises. The User shall agree with the Provider at least two weeks before the lease termination date, otherwise the Provider will not be able to guarantee availability at the day and time requested by the User.

The User shall contact the Provider by email in order to agree on the day and time for the departure.

Arrivals and Departures are not managed by Student Room Flat, but by the Provider or its representative. Hence Student Room Flat cannot be held responsible for any problem occurring during Arrivals and Departures. 

 

V. Cancellation

 

1. You may cancel the booking prior to the commencement of the Lease. In the event of cancellation of a booking, the User is not freed from obligations towards Student Room Flatand the Provider. In this respect, the following rules of cancellation apply:

- If cancellation occurs more than one month before the lease beginning date, booking fees will be kept by Student Room flat (commission). Advance on the guarantee deposit will be returned to the User. In case an advance on the first rent has been paid, it will be returned to the User.

- If cancellation occurs between 15 days and one month before the lease beginning date, booking fees will be kept by Student Room Flat (commission) and advance on the deposit will be kept by the Provider/SRF (as agreed) as a termination fee. In case an advance on the first rent has been paid, it will be returned to the User.

- If cancellation occurs less than 15 days before the lease start date, booking fees will be kept by Student Room Flat (commission), advances on the guarantee deposit and first rent will be kept by the Provider/SRF (as agreed) as a termination fee.

- If the User doesn't inform the Provider of his arrival date and time via email at the latest 7 days before the Lease should begin, his booking is considered as cancelled. Booking fees will be kept by Student Room Flat (commission) and advances on the guarantee deposit and first rent will be kept by the Provider/SRF (as agreed) as a termination fee.

- If the User doesn't pay the advance on the first rent at least 5 days before the commencement of the Lease, his booking is considered as cancelled. Booking fees will be kept by Student Room Flat (commission) and advance on the guarantee deposit will be kept by the Provider/SRF (as agreed) as a termination fee.

 

2. Sums that are not refunded, as the case may be, will be retained by the Provider/SRF (as agreed) as a termination fee and in order to compensate for loss resulting from cancellation of the booking.

3. The User may cancel the booking by email to Student Room Flat.

4. Student Room Flat may cancel the User’s booking in case the booked premises become, for reasons beyond its control, unsuitable for dwelling. In such case all sums paid will be refunded in full to the User. Upon request SRF may provide an alternative accommodation the equivalency of which to the formerly booked premises cannot be guaranteed by SRF. In such case the booking fee and other paid amount shall be adjusted accordingly.

5. Student Room Flat reserves the right to cancel the booking and follow the rules mentioned above concerning cancellation for the following reasons:

- First rent was not paid by the User at least 15 days before the beginning of the lease.

- The User did not inform the Provider of their check-in date and time by email at the latest 7 days before the Lease should begin.

 

VI. Other information on Lease 

 

Equipment of Flatshares

Properties are fully equipped and located in Prague.

Towels and bedsheets are not provided by the Provider.

Everything linked to repairs is to be addressed directly with the Provider subject to the Lease Agreement. Student Room Flat is not responsible for the management of the properties.

 Claims

All claims made by the User related to the subject of Lease and associated services shall be made in writing via email directly to the Provider with Student Room Flat in copy (info@student-room-flat.com) at the latest 24 hours after entry onto the premises.

For any claim during the lease period, the User should contact the Provider directly.

Insurance

Providers request Users to arrange an insurance at its own costs for the rented Property, including third party liability insurance.

Student Room Flat will provide the contact of an insurance company to the User.

Letter of Accommodation

Upon request, SRF can issue a Letter of Accommodation for VISA purposes, subject to a fee agreed in advance (usually of CZK 1,200).