Terms & Conditions

1. PREAMBLE

The use and access of the FLAT MONTHLY website, including the Contents, Application and/or the Services, confers the status of User and implies full and unreserved acceptance, by the User, of the applicable Terms and Conditions each time the User accesses the Contents or Application.

FLAT MONTHLY reserves the right to modify these Terms and Conditions at any time. Any changes made to these Terms and Conditions that may affect the rights of the User will be communicated on the Website, Application, or via email. We suggest that you frequently review these Terms and Conditions, so as to be aware of their scope and of any changes that have been made, as you are legally obliged by these conditions. By accessing the Websites or Application of FLAT MONTHLY, following the publication of notice of such changes or updated versions, you agree to comply with the new terms. The User is aware that the access and use of the Website and/or the Contents is done under his/her sole and exclusive responsibility. Some services of the Website or the FLAT MONTHLY Application may be subject to specific conditions that, where appropriate, replace, complete and/or modify these Terms and Conditions. The provision of the service at the request of the User, implies the express acceptance of the applicable specific terms and conditions.

FLAT MONTHLY offers an Online Platform that connects Accommodation Owner, agents or managers (hereinafter “Owner/s”) with Residents (as defined below), who wish to reserve such Accommodation for a lease for medium to long-term periods (hereinafter, jointly, Services). These Services can be found on https://www.FLATMONTHLY.com and other websites, applications for mobile and other devices, through which FLAT MONTHLY offers its Services.

TERMS AND CONDITIONS APPLICABLE TO THE USERS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN THE USER AND FLAT MONTHLY. BY ACCESSING, READING OR USING THE MATERIALS OR SERVICES ACCESSIBLE ON OR VIA THE “WEBSITE” OR OTHER WEBPAGES OR APPLICATIONS, THE USER DECLARES THAT HE/SHE ACKNOWLEDGES AND ACCEPTS THESE “TERMS AND CONDITIONS” AS BEING EQUIVALENT TO A SIGNED LEGALLY BINDING AND WRITTEN DOCUMENT.

2. DEFINITIONS

“FLAT MONTHLY Content” means all that which is provided by FLAT MONTHLY via its Platform, Application and services, including any content authorised by a third party.

“Content” means text, graphics, images, music, software, audio, video, information and any other material published on the Platform or Application.

“Platform / Website” means any of the domains owned by FLAT MONTHLY through which FLAT MONTHLY allows the Users to use or browse the Online Platform.

”Application” means any Application owned by FLAT MONTHLY available for mobile devices allowing Users to gain access to the services available through the Website.

“User” means any person who uses the Website or Application owned by FLAT MONTHLY.

“Resident” means the person requesting a reservation for the Accommodation via the Platform, Application or services and/or who is residing at an Accommodation and who is not the Owner of the same Accommodation.

“Owner” means the person or entity that has entered into an Agreement with FLAT MONTHLY to publish an Advertisement for the Accommodation on the Platform, in order that a Resident may make a reservation for the Accommodation via the Platform. Owners may be either individuals or legal entities, or any other entity that is the owner, agent or manager to enter into a Lease Agreement for the Accommodation on their own behalf or for a third party for a lease for medium to long-term period. If the Owner is a legal entity, the individual making use of FLAT MONTHLY services accepts this Terms and Conditions on behalf of the Owner and confirms the he/she holds enough legal standing to fulfill any obligations on its behalf.

“You” means the User, Resident or Owner (as appropriate).

“Advertisement” means the publishing of the Accommodation by the FLAT MONTHLY staff, by Agreement between the FLAT MONTHLY staff and the Owner, in order that it be made available for reservation on the Platform.

“Accommodation” means the residence, flat, house, lodging or room that the Owner publishes on the FLAT MONTHLY Website, in order that the Resident may make an online reservation.

“Tenancy Agreement” means the Lease Agreement signed by the Owner (as the lessor) and by the Resident (as the lessee), to which FLAT MONTHLY is not party.

“Move-in Date” means the date in which the Resident indicates, at the time of making the reservation, he/she will begin occupying the Accommodation.

“Move-out Date” means the date in which the Resident indicates, at the time of making the reservation, he/she will vacate the Accommodation.

“Reservation Fee” means that which is paid by the Resident to FLAT MONTHLY when making a reservation for the Accommodation via the Platform or Application and after the reservation has been confirmed by the Owner. (See section on Fees)

“First Payment” means that which is transferred by the Resident when making a reservation for the Accommodation via the Platform or Application and after the reservation has been confirmed by the Owner. (See section on Fees)

“Service Fee” means a percentage of the Total Tenancy Agreement Value that FLAT MONTHLY will charge the Owner for the provided services.

“Lease Application” means that made by the Resident to make a reservation for the Accommodation. This is done when clicking on the “Book Now” or “Request Booking” button and after completing the reservation form. Both the Lease Application and the form are processed via email, along with all the requested information, by the Owner receiving them. The Lease Application also contains the Move-in Date, the Move-out Date and the amount for the First Payment.

“Tax” or “Taxes” means the Value Added Tax (VAT) and any other applicable municipal, autonomous community or state tax.

3. USE OF THE PLATFORM, APPLICATION AND SERVICE

The Platform and Application are used by the Residents to make a reservation for Accommodation arrangements that are for medium to long-term periods. Accommodation is published on the Platform or Application by the FLAT MONTHLY staff upon the request and approval of the Owners, through the use of the technology required for this purpose. FLAT MONTHLY IS NOT AN OWNER, MANAGER OR REAL ESTATE AGENT AND FLAT MONTHLY DOES NOT POSSESS, SELL, RESELL, FURNISH, RENT, SUBLET, MANAGE, NOR DOES IT CONTROL, THE PROPERTIES IN ANY MANNER WHATSOEVER.

Flat Monthly’s   responsibilities are limited to:

  1. Providing the Platform, Application and services.
  2. Once the Reservation has been accepted by the Owner, accept on the Owner’s behalf the First Payment charged by Flat Monthly to the Resident. This payment may be transferred to the Owner after deducting the Service Fee plus any Value Added Tax (VAT). FLAT MONTHLY will not receive any additional payments after the Reservation has been confirmed by the Owner. The Owner is solely responsible for collecting rent payments from the moment the Reservation is confirmed and the abovementioned payment has been transferred.
4. ACCOMMODATION LISTING

All Advertisements on the Platform, Application and services are prepared and verified by FLAT MONTHLY.

Owner will make an appointment with the FLAT MONTHLY staff to take photos and to verify the main features of the Accommodation. The Owner agrees that the FLAT MONTHLY staff may access the Accommodation for the purpose of taking photographs, drawing floor plans, taking videos or any other advertising material that FLAT MONTHLY requires.

Floor plans published in an Advertisement are suggestive and serve as an explanatory feature. There is no guarantee that the dimensions depicted on the floor plans are accurate. FLAT MONTHLY will not be responsible in any manner for any inaccuracies found on the floor plans.

The Owner undertakes to provide all the necessary information requested by FLAT MONTHLY, which includes, but not limited to, the Accommodation’s location, capacity, size, features and availability, including the price and all that pertaining to the payment terms.

Any modification in the monthly lease of the Accommodation, as well as any information related to the payment terms published in the Advertisement, shall always be determined at the Owner’s sole discretion. Any request to modify or amend the Advertisement shall be requested by the Owner to FLAT MONTHLY, who shall make them effective within a maximum of seven (7) business days after the request was made.

Furthermore, the Owner declares and accepts that all the information provided to FLAT MONTHLY is true, correct and updated, pledging to inform FLAT MONTHLY of any changes without undue delay. In relation to the above, the Owner shall provide without undue delay any kind of document requested by FLAT MONTHLY for the purpose of verifying ownership of the Accommodation or compliance with any other legal or contractual requirements.

Advertisements are prepared by a qualified and professional FLAT MONTHLY staff member and at no time by the Owner.

The Advertisements and audio-visual material are created free of charge for the Owner. The Owner will grant his/her authorisation to approve the publication for the advertisement and will accept these Terms and Conditions. Once the Advertisement is created, the Owner will have three (3) calendar days since communication by FLAT MONTHLY to duly notify any disagreement with its content. Otherwise, after that time, it is understood that the Owner agrees with the content of the Advertisement created and therefore accepts Flat Monthly’s Terms and Conditions. The Owner acknowledges and accepts that once the Resident makes a reservation for the Accommodation, the price of this reservation cannot be amended.

FLAT MONTHLY guarantees the features of the Accommodation at the date in which they were verified by FLAT MONTHLY. Residents acknowledge and accept that the Accommodation that they make a reservation for had been verified on a date that was before and not the same as the date of the reservation and that the features of the Accommodation may differ from the conditions verified by FLAT MONTHLY at a time before the reservation. Nevertheless, the Owner shall maintain the Accommodation in a similar condition to that depicted in the advertisement. In the event that the conditions of the Accommodation differ significantly from those of the advertisement, FLAT MONTHLY reserves the right to withdraw the Advertisement for such Accommodation from the Platform, Application or services, notwithstanding the capacity to retain or claim from the Owner any payment made in exchange for the provision of the Services, as an indemnity for breach of these Terms and Conditions.

In the event of any discrepancies existing between the content of the Advertisement and Flat Monthly’s Terms and Conditions, the latter shall prevail. FLAT MONTHLY reserves the right to deny the publication of an Advertisement which, at its sole discretion, breaches or does not comply with these Terms and Conditions or any legislation in place.

FLAT MONTHLY shall be entitled to refuse registration on the Platform to any User, Owner or Resident, at its discretion and without prior notice.

Flat monthly will remain the owner of all copyrights or any other intellectual property for the audiovisual and advertising material and only flat monthly holds the rights for its use. In the event that the owner, or a third party, uses such material owned by flat monthly without having written consent to do so, FLAT MONTHLY reserves the right to demand the cessation of the use of such material as well as to additionally claim the corresponding damages and/or indemnity as a result of non-compliance with this clause.

In the event that the Owner provides any audio-visual material of the Accommodation, he/she authorizes FLAT MONTHLY to publish it on the Advertisement and expressly accepts the temporary assignment of its copyright or any other existing intellectual property rights over the audiovisual and advertising material generated for the publication of the Advertisement and guarantees that they do not contravene any third-party intellectual property rights, in accordance with the provisions of this clause.

The audio-visual material provided shall be exclusively of the Accommodation and shall not contain any references to personal data nor will there be any people in it. FLAT MONTHLY reserves the right to remove said material at any time from the Advertisement without prior notice to the Owner. The Owner is entitled to request at any time the removal and/or deletion of the provided pictures through written communication to FLAT MONTHLY , who shall then remove and/or delete them from the website owned by FLAT MONTHLY . FLAT MONTHLY shall not be liable for the removal of the pictures in any other third-party websites or platforms.

In any case, the Owner expressly accepts and authorizes FLAT MONTHLY to publish the Advertisement of the Accommodation in every website of FLAT MONTHLY Group. Likewise, the Owner authorizes FLAT MONTHLY, with the purpose of obtaining the maximum spread of the Advertisement, to its publication in third-party websites external to FLAT MONTHLY Group.

5. RESERVATION PROCEDURE

The Resident, when deciding the Accommodation that he/she desires to make a lease application for, shall provide the information requested by FLAT MONTHLY via Flat Monthly’s Platform or Application, and FLAT MONTHLY will provide detailed information about the Fees (see section on Fees), where the Resident authorises such to be retained by FLAT MONTHLY, in the event that the application is accepted by the Owner. Once the lease application is accepted by Owner, the Resident will receive a digital lease agreement. Following this, FLAT MONTHLY will then send the digital lease agreement to the Owner, who will have 48 hours to either accept or reject the lease. In the event that, after 48 hours, FLAT MONTHLY has not received a response from the Owner, FLAT MONTHLY will deem that the lease has been rejected.

When making a lease application via the Platform, Application or Services, we will provide the Owner with the following:

  1. Information on the Resident: age, nationality, company, profession, and any other information that the FLAT MONTHLY collects at the time of the Reservation request.
  2. A link to the FLAT MONTHLY webpage where the Accommodation is published.

In the event that the Owner signs the lease, FLAT MONTHLY will retain the First Payment and the Reservation Fee, along with any corresponding Value Added Tax (VAT), and forward an email to both the Owner and the Resident confirming the lease and put both the Parties in contact with each another. From this moment, the Owner will be responsible for providing all the necessary information for the Resident to access the Accommodation. (See Move-in Policy)

The Owner acknowledges that he/she is solely responsible for any Advertisement he/she approves for publication and that he/she has the full right to make available and authorise the reservation of the advertised property.

Furthermore, the Owner will ensure that after accepting a lease, the Owner will:

  1. not infringe on any Agreement entered into with a third party, and
  2. undertake (i) to be compliant with all laws, tax requirements and any other rule or regulation applicable to any Accommodation published in an Advertisement and (ii) to avoid any dispute arising on the basis of third-party rights.

FLAT MONTHLY will not assume any liability for any breach, by the Owner, of the applicable laws, rules or regulations. FLAT MONTHLY reserves the right, at any time and without prior notice, to remove the publication or to disable access to any Advertisement, for any reason and at its own discretion, including any Advertisement that FLAT MONTHLY deems to be challengeable before the courts law for any reason.

FLAT MONTHLY acts as an intermediary authorised by the Owner to exclusively accept and receive the First Payment from the Resident for the reserved Accommodation and, after deducting the Service Fee and any corresponding Value Added Tax (VAT), transfer such payment to the Owner, 30 day prior to move in.

FLAT MONTHLY shall provide the Owner with certain information on the Resident and who has provided and authorised the information for this purpose. Both the Owner and the Resident acknowledge and accept that they are responsible for their own actions and any non-disclosure of information in this regard.

While using the Platform, Application or services, you agree that any legal action or claim arising as a consequence of the acts or omissions of the Owner, Residents or third parties resulting in injury will be filed exclusively against the party in question, and you agree to hold FLAT MONTHLY harmless against any action Legal or claim with respect to such omissions.

FLAT MONTHLY advises that Owners take out the appropriate insurance for their Accommodation.

FLAT MONTHLY will not be responsible for the removal or theft of any object found inside or outside the leased Accommodation.

6. FEES

The minimum lease period made via the Platform or Application is for one month (30 days), where the Owner may specify a longer minimum period.

The Owner agrees to use the standard Flat Monthly Tenancy Agreement, unless otherwise agreed.

When the Resident makes a lease that has been confirmed by the Owner, he/she will make a transfer to Flat Monthly for the First Payment and the corresponding Reservation Fee plus any Value Added Tax (VAT), via the payment methods available on the Platform or Application.

The amount of the “First Payment” is calculated in the following manner:

The First Payment will be the monthly rental price, which will be transferred to the Owner as the payment corresponding to the first month’s rent.

The “Reservation Fee” is a percentage of the Total Tenancy Agreement Value plus any Value Added Tax (VAT) charged by FLAT MONTHLY to the Resident for the provided services.

The “Total Tenancy Agreement Value” is the total price of the reservation for the rental property, which will vary according to the total duration and set price for each day for its duration.

The “Service Fee” is a percentage of the Total Tenancy Agreement Value that FLAT MONTHLY will charge the Owner for the provided services. The Service Fee and its corresponding Value Added Tax (VAT) will be deducted from the First Payment.

FLAT MONTHLY will only transfer the First Payment, minus the Service Fee and Value Added Tax (VAT), to the Owner 30 days prior to the Move-in Date (that which is indicated on the reservation).

In any event, the Owner will be the one to determine, at his/her own discretion, the price of the Accommodation.

7. MOVE-IN POLICY

After the Owner has approved the lease and FLAT MONTHLY has sent confirmation of the lease to both the Resident and the Owner, including the contact information for both parties, it will be the Owner’s responsibility to provide any further instructions to the Resident with regards to moving into the Accommodation.

The Owner will ensure that the Accommodation reserved by the Resident is found in the expected and proper living conditions and that the features published in the Accommodation Advertisement remain the same, as well as the pricing terms

Applicable policy for when a Resident moves into the Accommodation:

The Resident, within 24 hours after the Move-in Date, may inform FLAT MONTHLY of any Significant Deficiencies for the Accommodation, as well as to report on the inaccuracy of the Accommodation with regards to the features indicated in the Advertisement, by sending an email to [email protected], and stating the reservation number, while putting the Owner in copy and attaching the necessarily visual evidences (photos and/or videos) of the Essential Deficiencies. Once the email has been received by the FLAT MONTHLY staff, at its own discretion, the circumstances will be verified and assessed.

A Significant Deficiency is defined as a circumstance entailing non-liveable conditions, a health risk and/or substantial modifications that differ from the description in the Advertisement.

In the event that the FLAT MONTHLY staff deems that there is a significant deficiency, the Owner will be given a period of 36 hours to commence actions to resolve such deficiencies, which shall be settled within a reasonable timeframe.

In the event that the Owner does not resolve the deficiencies within a reasonable timeframe, he/she will be in breach of these Terms and Conditions, which will entitle the Resident to cancel his/her lease, which will mean that the Owner will adhere to the Cancellation Policy for Owners (See Cancellation Policy for Owners).

FLAT MONTHLY staff will refund the Reservation Fee plus the corresponding Value Added Tax (VAT) plus the First Payment to the Resident.

In the event that the FLAT MONTHLY staff considers that there is no Significant Deficiency and the Resident cancels the lease on the basis of unfounded reasons (at Flat Monthly’s discretion), the Resident will forfeit his/her Reservation Fee plus the corresponding Value Added Tax (VAT) and the First Payment, where the First Payment will be fully transferred to the Owner.

Lease Agreement signed between the Resident and the Owner:

FLAT MONTHLY is not a contracting party to any Lease Agreement. This Agreement will be signed only by the Resident and the Owner and, accordingly, FLAT MONTHLY will be held harmless of all legal matters, nor will it be held liable in the event of any dispute, disagreement or claim. Any situation resulting from the aforementioned Lease Agreement shall be settled between the Resident and the Owner. Furthermore, FLAT MONTHLY will not be party to any negotiation regarding a bond or security deposit, required by the Owner and made by the Resident, under the Lease Agreement or in any other type of Agreement, nor will it act an intermediary for any dispute arising as a result of a bond or security deposit.

FLAT MONTHLY advices that both the Resident and the Owner thoroughly read the Tenancy Agreement, or any other Agreement entered into, as it will be the instrument governing the relationship between both.

8. LEGAL NOTICE REGARDING THE CANCELLATION POLICY

Flat Monthly’s services are deemed to be fully rendered:

  1. When the Resident has made a lease application request and when the Owner has approved, and
  2. When the Resident and Owner have signed the Tenancy Agreement.

Accordingly, the user understands, accepts and acknowledges that once the services have been fully rendered (as described above) by FLAT MONTHLY, he/she will have lost his/her right of withdrawal.

9. CANCELLATION POLICY FOR OWNERS

In the event that the lease had been approved by the Owner, and where the Resident and the Owner have signed a Tenancy Agreement, in any of its forms, the cancellation policies will be those included under the aforementioned Agreement, of which FLAT MONTHLY is not party to.

In the event that the Owner cancels the lease before the Move-in Date or before the Owner and the Resident have signed a Tenancy Agreement, the Resident will be refunded with the Lease Fee, along with the corresponding Value Added Tax (VAT) and First Payment. With regard to the Service Fee:

  1. In the event that the Owner cancels the lease with 60 days’ notice or longer, with regards to the Move-in Date, FLAT MONTHLY will not charge any Fee to the Owner.
  2. If the Owner cancels the lease with between 2 and 30 days’ notice before to the Move-in Date, he/she shall pay FLAT MONTHLY the amount equivalent to 50% of the Service Fee.
  3. If the Owner cancels the lease with less than 2 days’ notice before the Move-in Date, FLAT MONTHLY will charge the amount equivalent to 100% of the Service Fee.

FLAT MONTHLY reserves the right to claim for any of the foregoing amounts in the event of it being necessary to apply any of the aforementioned penalties, where the Owner acknowledges and agrees that FLAT MONTHLY will send a request for payment and that he/she will be obliged to pay such amounts to FLAT MONTHLY.

10. CANCELLATION POLICY FOR RESIDENTS

When a Resident has made a Tenancy Agreement for Accommodation and it has been approved by the Owner, FLAT MONTHLY will charge the Resident the Reservation Fee plus Value Added Tax (VAT), along with the First Payment. In the event that the Resident cancels the agreement before it has been approved by the Owner, no amount will be charged.

In the event that the Tenancy Agreement has been accepted by the Owner and the Resident cancels the agreement, the Reservation Fee and its corresponding Value Added Tax (VAT) will not be refunded by FLAT MONTHLY to the Resident.

When the Resident cancels the agreement the following policy applies, unless specifically noted otherwise in the accommodation rule and policy page.

  1. 30 days or less before the Move-in Date, FLAT MONTHLY will not refund the Resident for any amount and will transfer the First Payment to the Owner.
  2. Between 31 and 60 days before the Move-in Date, FLAT MONTHLY will refund the Resident for 50% of the First Payment and the remaining 50% will be transferred to the Owner.
  3. 61 days or more before the Move-in Date, FLAT MONTHLY will refund the Resident for 100% of the First Payment.

When the Resident intends to cancel or modify a reservation.

In the event that a Resident has notified, through any means, FLAT MONTHLY his/her intention to cancel or modify a reservation, FLAT MONTHLY staff, will send an email granting a 48 hour period to confirm the intention to cancel or modify the reservation. In the event that the Resident does not reply to the email within the aforementioned period, it will be deemed that he/she has canceled the reservation and the aforementioned Cancellation Policies will apply.

11. RENT PAYMENTS

After the Tenancy Agreement, or any other Agreement entered into between the Resident and the Owner, has been signed, it is the sole responsibility of the Owner to collect rent payments from the Resident. FLAT MONTHLY shall not be held liable, in any manner, for the collection of rent payments or for any outstanding payment that may arise.

12. RELEASE FROM LIABILITY

After 48 hours have elapsed following the Resident’s Move-in Date for the Accommodation and where FLAT MONTHLY has transferred the First Payment to the Owner, all legal and any other type of relationship between FLAT MONTHLY and the Resident and between FLAT MONTHLY and the Owner shall expire with regards to the reservation. FLAT MONTHLY shall not be held liable, for any reason, for any event arising from the subsequent relationship between the Owner and the Resident.

13. DAMAGE TO THE ACCOMMODATION

The Resident is responsible for maintaining the Accommodation in the same condition when he/she arrived at the Accommodation. The Resident and the Owner acknowledge and accept that they are responsible for their own acts or omissions, as well as those of anyone who has been invited or granted access to the Accommodation. FLAT MONTHLY will not be held liable, for any event, where damage have been caused to the Accommodation, where such liability shall be resolved between Owner and Resident.

14. TERMINATION AND CLOSING OF FLAT MONTHLY ACCOUNTS

FLAT MONTHLY, at its sole discretion and without the need to substantiate the reasons, may restrict access to the Website, disable or cancel Advertisements, all without it being held liable and without the obligation to provide prior notice.

Owners may request that FLAT MONTHLY remove their own Advertisement for their Accommodation from the Platform, by writing to: [email protected] Please note that if the Advertisements are removed, FLAT MONTHLY is not obliged to transfer the content of the Advertisements to any Owner.

15. PRIVACY POLICY

All details here

https://www.flatmonthly.com/privacy-policy.

16. APPLICABLE LEGISLATION AND CONFLICT RESOLUTION

These Terms and Conditions shall be interpreted in accordance with Singaporean law.

Any dispute arising from this Agreement will be resolved by arbitration, being final and binding, and administered by the Singapore Court of Arbitration, in accordance with its Regulations and Rules, which is entrusted with administering the arbitration procedures and the appointment of the arbitrator or arbitrators. The seat of arbitration will be Singapore.

Waiving of the Cancellation Policy for Owners in the case of Force Majeure

In the event that the Owner cancels a lease due to Force Majeure, Flat Monthly will waive the Cancellation Policy for Owners, providing that sufficient documentation has been submitted and the assessment will be made at the discretion of FLAT MONTHLY.

Waiving of the Cancellation Policy for Residents in the case of Force Majeure

In the event that the Resident cancels their lease due to Force Majeure, Flat Monthly will waive the Cancellation Policy for residents and will reimburse the amount paid by the Resident to FLAT MONTHLY, providing that sufficient documentation has been submitted and the assessment will be made at the discretion of FLAT MONTHLY.

Reasons for force majeure:

  1. Serious injury, illness or death of the user, first or second degree relative, a minor or handicapped person where the Resident is the legal guardian or a colleague where the Resident is the primary substitution.
  2. Death of a third degree relative.
  3. Serious damage to the accommodation.
  4. Official declaration of a disaster zone in the city where the accommodation is located.

END