Segoflats provides an online marketplace for the booking of accommodation for university students. It provides services for users who are searching for accommodation as well as for real-estate agents that are acting on the behalf of accommodation providers, using the platform as a tool for finding users. Segoflats is an online marketplace, meaning it does itself not rent accommodation to users directly.
1. About these terms of service
1.1 in these terms of service:
“service fee” means the amount (including VAT) that the user pays to Segoflats in consideration of the services provided by Segoflats to the user in order to reserve an accommodation;
“accommodation” means a flat, apartment, or any other type of house offered through the website by an agent or accommodation provider;
“agent” means an actor who uses the website to list an accommodation on behalf of an accommodation provider;
“accommodation provider” means the provider of accommodation listed on the website;
“booking accepted” refers to the email sent by Segoflats to the user as soon as a booking request has been confirmed by Segoflats with the accommodation provider or agent regarding the availability of the apartment for the user;
“booking request” means a request to book accommodation submitted by a user;
“business day” refers to any date other than a Saturday, Sunday, or public holiday in Spain and/or Madrid;
“listing” refers to a page of a unique apartment, including any thumbnails or other information referred to it outside its main page, and all the information, pictures and prices that are related to it;
“rent” refers to the monthly rental payment that the user has to make directly to the accommodation provider;
“services” means the facilitation of bookings of accommodation to users by the means of the website, in addition to the services provided through Segoflats as specified in clause __;
“tenancy agreement” means the agreement or contract (whether or not formal and whether or not in writing) between the accommodation provider and the user in respect of the tenancy of the accommodation;
“Segoflats”, “we”, and “us” refer to Segoflats SL:
“user” means a user of the website looking for accommodation;
“website” means any website maintained by Segoflats including without limitation the websites at www.segoflats.com and all its subdomains, any associated social networking profiles and any possible mobile applications that Segoflats may provide;
“you” means a user, accommodation provider or agent;
these terms of service set out the terms on which we offer the services and provide the website and on which you agree to use the services provided by us and the website maintained by us.
2. Acceptance of terms and service
2.1 by registering to use or otherwise using the services and/or website and/or by requesting Segoflats to create listings of accommodation for you, you accept and agree to b bound by these terms of service. These terms of service are only published in and valid in the English language.
2.2 We may at any time modify these Terms of Service. We will notify you of any significant changes to these Terms of Service either by emailing you (at the email address entered by you into any form on the Website) in advance of the changes coming into effect giving you the right to cancel the contract if you do not agree to them. By continuing to use the Services and/or the Website following the expiry of any right to cancel, you agree to be bound by such changes. You can review the most current version of our Terms of Service at any time by clicking on the “Terms & Policies” link located at the bottom of the Website.
3. What is the Website?
3.1 The Website is an electronic platform enabling Users to browse, search and book Accommodation at the Locations and enables Accommodation Providers or agents to advertise Accommodation to Users.
3.2 Segoflats provides booking services to Users and Accommodation Providers, but it does not offer Accommodation to Users on its behalf. Any Tenancy Agreement shall be entered into between the User and the Accommodation Provider directly. Segoflats will not be a party to such Tenancy Agreement and will have no rights or obligations arising out of it.
4. Information displayed on the Website
4.1 the Website contains prices, images and other information, including but limited to location, of accommodation.
4.2 Segoflats attempts to the best of its availability to ensure the information displayed on the Website is accurate and complete; however, as we do not provide the accommodation and the information is gathered from third parties, this cannot be guaranteed.
4.3 Segoflats relies on agents and accommodation providers to provide accurate information and to update it as necessary. We do not verify the accuracy of any information displayed on the Website. If you are an agent or accommodation provider, you agree and acknowledge that you are solely responsible for the information uploaded to your respective listing on the Website.
4.4 As a User, you acknowledge and agree that we will have no liability with respect to any of the information on the website with regards to any listings of accommodation, and that any loss or damage you may suffer as a result or in connection with the information displayed on the Website is against the relevant accommodation provider.
5. Booking accommodation
5.1 Users can reserve accommodation by pressing the “book now” button and paying the service fee.
5.2 The user authorizes that they are of legal age to enter into a tenancy agreement with the accommodation provider in the country of the respective listing, and acknowledges that if the user is in breach of this authorization then Segoflats has the right to retain the service fee that has been paid by the user. It is the user’s full responsibility to check their legal rights to sign a tenancy agreement in the country of the accommodation provider’s listing.
5.3 The user will pay the service fee to Segoflats, which will be held for the duration of confirming the availability of the accommodation. If the availability is confirmed, then Segoflats will take the service fee, and the user will receive an email confirmation of having successfully paid the service fee and booked the accommodation. If the availability is not confirmed, the service fee will not be charged by Segoflats.
5.4 After the payment of the service fee the users card will be charged in accordance with these terms and conditions.
6. Confirmation of booking
6.1 The availability of an accommodation is confirmed either by the agent or the accommodation provider, whoever listed the apartment on the website. If the availability is not confirmed, Segoflats will notify the user and potentially recommend similar suitable properties (depending on availability), and not withdraw any funds. If the availability is confirmed, Segoflats will inform the user immediately and provide the contact details for both parties (user and agent/accommodation provider) as well as outlining the next steps.
6.2 If the confirmed booking is an accommodation provided by an agent, the user has a responsibility to comply with any further requirements that the agent may deem necessary to complete the signing of the tenancy agreement with the accommodation provider.
6.3 If the confirmed booking is an accommodation provided by an accommodation provider, the user has a responsibility to comply with any further requirements set out by the provider in order to complete the tenancy agreement.
6.3 The agent or accommodation provider agrees that once it has accepted a booking request and the service fee is paid to Segoflats, they are bound to offer the respective accommodation to the user as per the conditions and information displayed on the Segoflats website (which it has acquired from the agent or accommodation provider themselves). Failure to do so results in the agent or accommodation provider being liable for refunding the service fee to the user, which Segoflats reserves the full right to keep after a listing’s availability is confirmed after a booking request and subsequent payment.
7. Role of agent
7.1 An agent listing on Segoflats is acting on the behalf of an accommodation provider, and thus accepts the responsibility for updating and maintaining any information regarding their listing on the website.
7.2 The agent warrants that they have a complete legal right to promote, advertise and in any other way publicize and sell an apartment from the respective accommodation provider on the website.
7.3 Segoflats shall not be in any way responsible or liable for any disputes that may arise between the agent and the accommodation provider as a result of the agents use of the website.
8. Consumer rights
8.1 As per Spanish legislation, as a user you have a legal right to cancel your contract with us within 14 calendar days of accepting these terms of service as set out in clause 2.
8.2 In order to cancel your contract with us you must inform Segoflats of this decision via an email to email@example.com. Segoflats will reply with a confirmation of your cancellation.
9. Rental payments
9.1 The rental payments will be made in accordance with the tenancy agreement made between the user and the accommodation provider.
9.2 By using Segoflats, accommodation providers agree to charge the equivalent amount of rent as listed on the website.
10. Tenancy agreement
10.1 The tenancy agreement is entered into between a user and an accommodation provider, to which Segoflats shall not be a party to.
10.2 Segoflats is not responsible or liable for any failure or deficiency in the performance of the tenancy agreement by the accommodation provider and/or for any defect in any of the accommodations provided by an accommodation provider or agent on the website.
10.3 Segoflats is not responsible or liable for any failure or deficiency in the performance of the tenancy agreement by the user. Segoflats shall never become due to any payments or refunds to the accommodation provider.
The dates of residence are outlined in the tenancy agreement signed by the user and the accommodation provider.
12.1 Any cancellations of the booking occurring between the payment of the reservation fee and the signing of the tenancy agreement between the user and accommodation provider, shall not require Segoflats to make any relevant damage payments to the accommodation provider, resulting from loss of advertising time or from any other form, without limitation.
12.2 After the signing of the tenancy agreement between the user and accommodation provider, the resulting cancellation policies will be pursuant to the terms laid out in said tenancy agreement, of which Segoflats has no part, and is therefore to no extent responsible or liable for the potential subsequent payments required from either party to another.
12.3 For the avoidance of doubt, if a booking is cancelled in accordance with clause 12, Segoflats shall in no case refund the service fee.
13.1 Through making the service fee payment to Segoflats, the user agrees that it shall not seek to circumvent Segoflats by trying to make a booking with the accommodation provider or agent directly and notifying us that you have decided to cancel the booking within the rights set out in clause 8.
13.2 By using the website and/or services provided by Segoflats, the accommodation provider and user agrees that it shall not seek to circumvent Segoflats by trying to make a booking with the user directly and notifying us that the user has decided not to make a booking or that a booking for the listing was received from another source.
13.3 By downloading and/or using the Website, you agree not to upload, post, email or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services or Website.
13.4 You agree and undertake to keep your username and password confidential, not to disclose your password to any other person and not to permit any other person to log in to the Website using your username and password.
13.5 You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service. You also agree not to:
a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
b) attempt to gain access to secured portions of the Website to which you do not possess access rights;
c) impersonate any other person while using the Services or Website;
e) resell or export the software associated with the Website;
f) use the Website to generate unsolicited advertisements or spam; or
g) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
14. Segoflats’ rights
14.1 In providing you with access to the Website, Segoflats reserves the following rights, and in accessing, browsing or otherwise using the Website you grant to Segoflats and agree that Segoflats shall have the following rights:
a) the right to refuse or withdraw your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in Segoflats’ sole and absolute discretion you violate or breach any of these Terms of Service;
b) the right to suspend, amend or disable your profile without giving you notice or any reason;
c) the right to amend or update the Website, fees, billing methods or these Terms of Service from time to time; and
d) the right to report you to the police or other judicial body if Segoflats believes in its sole and absolute discretion that your conduct (whether in using the Website, our Services or otherwise) is unlawful.
15. Intellectual Property
15.1 Segoflats and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website. The Website is protected by UK and International copyright and other intellectual property laws.
15.2 Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without Segoflats’ prior express written consent.
15.3 We grant you a royalty free, non-exclusive, non-transferable, revocable, worldwide license to use our intellectual property rights in the Services and the Website solely to the extent necessary to allow you to participate in the Service. Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. Segoflats reserves the right to terminate the limited license without notice at any time following an unauthorized use by you of the Website.
15.4 Segoflats and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Segoflats. They may not be used without Segoflats’ prior express written permission.
15.5 You agree that Segoflats owns the copyright for any content, whether textual, graphic, photographic or video, that it creates and publishes on its Website and you must not sell, export, license, modify, copy, distribute or transmit this content to any third party.
15.6 You grant Segoflats a royalty free, non-exclusive, non-transferable, irrevocable, worldwide license to use your intellectual property rights solely to the extent necessary to allow Segoflats to provide the Services to you. For clarity, such use might include such matters as displaying your name and logo next to an Accommodation listing, or providing a link to your website.
15.7 Additionally, you grant us a royalty free, non-exclusive, non-transferable, irrevocable during the term of this Agreement, worldwide licence to use your intellectual property rights in your name, logo and brand get-up (your “Brand”) for the purposes of promoting the Service by means of referring on the Website and in our public statements and publicity material to the fact of your participation in the Service, provided that in doing so we use reasonable efforts to ensure that we do not do anything which damages the goodwill in your Brand.
15.8. You shall reimburse us on demand in respect of any costs, damages or expenses that might arise as a result of, or in connection with, any alleged or actual infringement of any third party’s intellectual property or other rights, arising out of Segoflats’ use of information submitted by you on the Website.
Whilst we have implemented commercially reasonable technical and organizational measures to secure your personal information and user content from unauthorized use, we cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and user content at your own risk.
17. Electronic Communications
By downloading and/or using the Website and/or material provided through the Website, you consent to receiving electronic communications and notices from Segoflats. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You have the right to ask us not to process your personal data for such marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at help.Segoflats.com.
19. Use of Information Submitted
19.1 You agree that Segoflats is free to use comments, information (except personal information) or ideas contained in any communication you may send to Segoflats without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Services or Website or other products or services. For the avoidance of doubt, all such information will be deemed by Segoflats to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
19.2 You agree that any information published by you on the Website may be public information and that other users of the Website will be able to view and comment on such information. You can classify some information as public information and some information as private information. Public information will appear on your profile page.
20. Warranties and liabilities
20.1 Segoflats provides its services and its website without any warranty or condition, and assumes no liability or responsibility for:
a) false or lacking information that may arise through its website or the provision of its services
b) any faults in the operation of the website,
c) any losses or damages arising from the use of the services or the website,
d) any conduct by users on the website
e) any liability of an accommodation provider regarding the legal immigration status of a user.
21.1 Segoflats, its shareholders, directors, employees or agents shall not be liable in any way to a business for any:
a) loss of profits, business or revenue;
b) loss or corruption of data, information or software;
c) loss of business opportunity;
d) loss of anticipated savings;
e) loss of goodwill;
f) any indirect loss arising out of a connection to or use of Segoflats and its services and/or website whether or not advised of the possibility of damage.