Terms & Conditions

 

1. Introduction

1.1 This website is owned and operated by Eventful Stays Limited. Our registered office is McGowan House, 10 Bedford Rd, Northampton NN4 7XD, United Kingdom. Our customer service and marketing team is located in Gibraltar, 3.3 Leisure Island, Ocean Village, Gibraltar GX11 4XD.

1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.

2. Definitions

2.1 Capitalised terms have the following meanings in these terms and conditions:

published, stored or sent on or in connection with our Service.

  • a)“Stay” – a flipMyroom stay between Members.
  • b)“Consumer” – a natural person acting outside his or her trade, business or profession.
  • c)“Content” – all information of whatever kind” (including Listings, profiles and reviews),
  • d)“Member” – a User who registers with flipMyroom and creates a profile, he or she may also book a stay at a flipMyroom listing or intend to do so, host, or intends to host, another Member.
  • e)“FMR’ - flipMyroom
  • f)“flipMyroom stay” – a contract between Members for sharing a Listing concluded via flipMyroom.
  • g)“flipMyroom listing” – a listing placed within flipMyroom.
  • h)“Listing” – all rooms listed or other promotions on our Service.
  • i)“Review” – any review, comment or rating.
  • j)“Service” – our website, the Services we offer by means of our website and any related software and Services.
  • k)“User” – a person who uses our Service (whether or not registered with us).

3. Applicability of these terms and conditions

3.1 By registering on or using our service, all Users (including Members and non-Members) agree to be bound by these terms and conditions. Unless stated otherwise, all terms apply to all Users.

4. Changes to the terms and conditions

4.1 We may change these terms and conditions at any time. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

5. Use of our Service

5.1 We grant Users a limited personal right to use our Service subject to these terms and conditions.

5.2 You are not eligible for, and must not use or register on, our Service if you are below the legal age of 18 to form a binding contract with us unless you have the consent of, and only use the Service under the supervision of, your parent or guardian.

5.3 Our Service is designed for, and may only be used in connection with, bona fide Listing transactions.

5.4 When using the flipMyroom messaging system you promise to send only current messages relevant to the stay enquiry and will not include any websites, email addresses or telephone numbers. This information cannot be exchanged until after the stay is complete.

5.5 Where you use our Service on behalf of another Member, you promise that you have express authority to act on behalf of that Member including for placement of any Listings and conclusion of Stays.

5.6 You must comply with any guidelines or requirements on our website. You must promptly comply with any reasonable request or instruction by us in connection with the Service.

5.7 You must ensure that all contact, payment and other information (including Listing related data) that you provide to us is accurate and not misleading and that you will update it so that it remains so.

6. Stays

6.1 Very important: We provide a platform that enables Members to make Stays. While we provide Services to facilitate the Stay, the Stay itself is between the Members concerned and we are not party to any such Stay, notwithstanding that obligations may be owned to us by either party related to the Stay. You acknowledge that any legal recourse arising from any such Stay (whether relating to Members causing damage to accommodation or misbehaving, the quality of the accommodation, lack of facilities or amenities, misrepresentation by Members or otherwise is against the relevant Member of flipMyroom and not against us notwithstanding anything to the contrary in this agreement or on our website. You acknowledge that we are not a travel agent or estate agent.

6.2 Members undertake to carefully check any information entered before submitting to us as it may not be possible to correct errors later.

6.3 A Member's submission of a stay request constitutes an offer to the relevant Member whose room they wish to stay in. There is an acceptance of the offer and a binding contract between the Members if the Member accepts the request to host the other Member, and sends a stay confirmation email using our platform to the Member within 60 hours of the stay request, and the Member who wishes to stay in the other Member's room also then sends a confirmation email via our platform.

6.4 For Stays, the Member who is offering the room has 60 hours from the time of the stay request to authorise acceptance of the Member's request via our website. If the Member authorises acceptance of the offer within 60 hours, our system will allow the Member to generate and send a stay confirmation email to the Member. Otherwise, the Member's offer lapses.

6.5 It is the Member's responsibility to constantly monitor for new stay requests on the dashboard on our Service.

6.6 Once the Stay has been accepted in accordance with this agreement, we will release Member contact information and it is the responsibility of the parties to agree all further details such as check in times, access, directions etc.

6.7 All Stays are subject to the flipMyroom Code of Conduct in Appendix 1.

6.8 All Stays are subject to the Stay Conditions set out in Appendix 2. Members should read these carefully. In the event of conflict, Appendix 2 prevails over this agreement or any Listing.

6.9 We have no responsibility in connection with any additional charges relating to a roomstay.

6.10 We are entitled to cancel a Stay at any time by email notice to Members without liability to either party if:

  • a) we have reason to suspect fraudulent activity by either party;
  • b) either party has been the subject of complaint;
  • c) we have reason to believe that either party has breached this agreement or any other agreement with us; or
  • d) we have reason to believe that this step is necessary to protect us or others.

7. Your Content

7.1 You are responsible for your Content (including your Profile, Room listing and Reviews or Flip Stories).

7.2 You must ensure that your Content is accurate and up to date and is not misleading.

7.3 If you post a Review on our platform or other sites about flipMyroom, you promise that you have no personal or business relationship with the entity or service being reviewed, that you have not been offered any incentive on behalf of the entity being reviewed to write the Review and that the Review is your independent, honest, genuine opinion.

7.4 You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the Service and these terms and conditions.

7.5 If you use any features on our site which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.

7.6 We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions or that such steps are necessary to protect us or others or if we are required to do so by law or appropriate authority. If so, you must not attempt to re publish or re send the relevant Content.

7.7 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.

7.8 It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such losses.

7.9 We reserve the right to place advertisements adjacent to your Content. We retain all revenue from such advertisements.

8. Terms specific to Listings

8.1 If you place a Listing, it is your responsibility to ensure that it includes all terms and conditions which you wish to include in any Stay for the Listing, this includes reviewing any extra additional costs i.e.; additional cleaning costs etc. that maybe listed under House Rules.

8.2 You promise that you have obtained all relevant permissions (including from any management company) required to make your Listing available and use for sharing transactions.

8.3 You acknowledge that we reserve the right in our discretion without notice at any time to edit the text or layout of the Listing, and your Profile, or to locate or relocate the Listing on our Service in order to ensure that it complies with our terms and conditions and fits in with our website. You remain responsible for the Listing. It is your responsibility to check for any edits by us and to notify us promptly if you have any concerns.

8.4 Listings must not include any information which enables the Host to be contacted directly.

8.5 Listings must not link to another website without our specific prior written consent.

8.6 We do not guarantee that any Listing will generate any particular level of revenues or suitable enquiries.

9. Acceptable use policy

9.1 You agree that in connection with the Service you will not:

  • a) breach any applicable law, regulation or code of conduct or infringe any intellectual Listing or other rights of others;
  • b) publish or send any Content (including links or references to other content), or otherwise behave in a manner, which is threatening, harassing, an invasion of privacy, defamatory, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, abusive or deceptive or which involves phishing or scamming or which we otherwise consider to be inappropriate;
  • c) publish or send any Content which involves revealing any personal data of another person (i.e information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person's explicit written consent or you are the parent/guardian of such person;
  • d) sell access to the Service;
  • e) sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
  • f) use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
  • g) do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
  • h) do anything which may negatively affect other Users’ enjoyment of the Service;
  • i) gain unauthorised access to any part of the Service or equipment used to provide the Service;
  • j) use any automated means to interact with our systems excluding public search engines; or
  • k) attempt, encourage or assist any of the above.

10. Content of other Users

10.1 We do not endorse or recommend any Listings or other Content. You rely on such information at your own risk. We have no obligation to vet Users or their Content. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any Content, including misleading Listing descriptions, or in connection with any dealings between Users. It is your responsibility to carry out careful and detailed investigations before dealing with another User including use or reliance on any Listing or other Content from another User. If you are a Member, we strongly recommend that you contact the Host by telephone at the earliest opportunity.

10.2 We may in our discretion for certain purposes carry out verification procedures in relation to Listings or Users or both. If so, this simply denotes that we have carried out certain specific limited procedures which may or may not be specified on our Service. You acknowledge that in carrying out these checks we are reliant on information supplied by third parties. We cannot guarantee that that information supplied to us is accurate or that the relevant Listing is suitable for your purposes. You rely on any such verification at your risk.

10.3 If you are a Host, you acknowledge that we may permit Users to post Reviews in relation to you and/or your Listing and that these will be publicly available for viewing. We are not responsible for monitoring or editing Reviews. You acknowledge that such Reviews may be critical or defamatory of you. Notwithstanding that we may be aware or ought reasonably to be aware that such Reviews caused or contributed to publication of a defamatory statement about you, you release us from any liability in connection with such defamatory statements provided we offer you a reasonable right of reply.

11. Guidance on our site

11.1 Any guidance or similar information which we ourselves make available on our Service is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

12. Security

12.1 Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

13. Payments

13.1 If any amount due to us is unpaid or unjustifiably charged back, we may:

  • a) charge you:
    • (1) a reasonable additional administration fee;
    • (2) the amount of any third party charges imposed on us; and/or
    • (3) interest (both before and after judgement) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998;
  • b) suspend our Service; and/or
  • c) cancel this agreement on written notice (including email).

14. Suspension / cancellation

14.1 You may at any time cancel this agreement (including your Membership of flipMyroom) by emailing us via our contact form.

A request for cancellation under this clause does not give rise to any refund.

14.2 We are entitled at any time by email notice without refund to cancel all or part of this agreement (including your Membership of flipMyroom) or suspend part or all of our Service if we have reason to believe that you have breached our terms and conditions (including failure to make any payment due to us) or that it is necessary to protect us or others or if we are required to do so by law or appropriate authority.

14.3 We are entitled any time by email notice without refund to cancel all or part of this agreement (including your Membership of flipMyroom) if we terminate our Service or flipMyroom as a whole.

14.4 Following cancellation or suspension of this agreement:

  • a) you remain liable to fulfil any outstanding Stays which have not been cancelled in accordance with this agreement;
  • b) we are entitled to remove or irretrievably delete your Content;
  • c) accrued rights and liabilities are unaffected;
  • d) all clauses in this agreement which are stated or intended to continue after cancellation will continue to apply; and
  • e) you must not attempt to re-register for or continue to use our Service if we have given you notice of cancellation.

14.5 We cannot be held legally responsible for loss or damage resulting from cancellation of this agreement provided we act in accordance with this agreement.

15. Functioning of our Service

15.1 We do not guarantee that the Service will be uninterrupted or error free. We will use reasonable endeavours to rectify faults if they occur.

15.2 We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason.

16. Liability

16.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

16.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

16.3 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

  • a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
  • b) such loss or damage was not reasonably foreseeable by both parties;
  • c) such loss or damage is caused by you, for example by not complying with this agreement; or
  • d) such loss or damage relates to a business.

16.4 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your use of the Service and/or your breach of this agreement (except to the extent that we are at fault).

16.5 The following clauses apply only if you are not a Consumer:

(even if we have been advised of the possibility of such losses).

  • a) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
  • b) Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total fees received by us in relation to any Stay to which you are a party or otherwise connected in the 12 months before the event(s) complained of.
  • c) In no event (including our own negligence) will we be liable for any:
  • i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  • ii) loss of goodwill or reputation;
  • iii) special, indirect or consequential losses; or
  • iv) damage to or loss of data
  • d) You will indemnify us against all claims and liabilities directly or indirectly related to your use of our Service and/or your breach of this agreement (except to the extent that we are at fault).
  • e) This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us.

We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

17. International Property Rights

17.1 All trademarks, logos, Content, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual Property or that of our partners or Users. For the purposes of your personal use only, you may view such material on your screen and print a single copy.

You may not otherwise use, sub license, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

17.2 For the avoidance of doubt you may not collect, scrape, copy or harvest any Content on our Service or deep link to or frame Content on our Service without our specific prior written consent.

17.3 You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.

17.4 If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, transferable (with right to sub-license), royalty free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own Service, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our Service. You waive your moral rights in relation to such Content to the extent legally permitted. You also grant each User a licence to use your Content to the extent permitted by the functionality of the Service and these terms and conditions.

18. Privacy

18.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy that is subject to change from time to time.

19. Third party websites

19.1 We may link to third party websites that may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services that they offer. You use such third party sites at your own risk.

20. “Act of God”

20.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

21. Transfer

21.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

22. English law

22.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

23. General

23.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision, which as far as possible achieves the same thing and the rest of the agreement shall continue to apply.

A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

24. Complaints

24.1 If you have any complaints, please contact us here or write to our address shown at the start of these terms and conditions.

APPENDIX 1

flipMyroom CODE OF CONDUCT

1. Conduct of Members

1.1 Members agree to deal with other Members courteously, with a high degree of professionalism and in accordance with the highest industry standards.

1.2 Members agree to comply with all applicable laws and regulations in their country in connection with Stays.

1.3 Members agree to take out and maintain adequate insurance cover against potential liability to Members in connection with Stays.

1.4 Members who stay in other Member's rooms must observe all reasonable rules or regulations that apply to the Listing details, which are brought to their attention, including but not limited to, rules relating to smoking or pets in the accommodation.

1.5 The number of persons in the Member's party who wish to stay at the other Member's room must not exceed the number shown in the Listing.

1.6 Members are responsible for ensuring that all Members of their party comply with this agreement including this Code of Conduct and for the acts and omissions of all members of their party. We are not responsible for finding alternative accommodation, or otherwise, if a Member terminates a stay early arising from the other Member's misconduct.

1.7 Members agree to take out and maintain appropriate travel insurance cover and to check the Member's relevant insurance cover in advance.

2. Damages

2.1 Members agree to treat other Members' accommodation with reasonable care.

2.2 Members agree to reimburse other Members for any damage caused by Members to their accommodation.

3. Complaints

3.1 Members must inform the other Member or Members who are hosting them within 24 hours if they have any complaints relating to their stay at the Listing. Resolution of complaints and disputes is a matter between Members as parties to the Stay. We are not required to become involved.

APPENDIX 2

1. Membership Requirements and Payments to flipMyroom

1.1 The first 1,000 hosts to register with flipMyroom pay no fees for life. After the first 1,000 hosts have joined flipMyroom, subscription/verification fees are $9 per year, to be taken when joining and every 12 months after registration and further membership fees, plus additional fees for services may apply.

1.2 As a member of flipMyroom you agree to make your room available to other members on our Site and to clearly block out dates on the calendar when your room is not available

1.3 Our fees are non-refundable unless expressly stated otherwise in this agreement.

2. Cancellation of Stays

2.1 Members are entitled to cancel Stays at any time by email notice to us and the Member whose room was booked, but are required to give as much notice as possible. If Members fail to notify the Member after making a roomstay request which is confirmed, it may result in their membership being terminated.

2.2 Members acting in the capacity of hosting other Members must not cancel Stays and they are in breach of their contracts with Members if they purport to do so. If a Member does nonetheless cancel a Stay, then, without prejudice to their liability to the Member, we will take reasonable steps to find the Member acceptable accommodation listed on our Service.

3. Listings

3.1 To the extent that we draft any part for flipMyroom, Listing it is your responsibility to promptly and carefully check such Content to ensure that it is accurate, not misleading and otherwise in compliance with this agreement. You are responsible for such Content as if you had created it yourself.

4. Additional obligations of Members

4.1 You must promptly notify us of any changes relating to your flipMyroom Listing which result in the information you previously supplied us becoming incorrect. Should you sell your home or no longer own the room that is assigned to flipMyroom you must notify the Member and flipMyroom immediately by email.

4.2 You agree that, while you are a flipMyroom Member, you will not place your Listing in any sharing scheme that is similar to that of flipMyroom.

4.3 You acknowledge that any period for which you make your flipMyroom Listing available for sharing will be blocked out in the availability calendar for general rental outside flipMyroom.

4.4 You agree to make your flipMyroom Listing available for a minimum of 50 nights per year (starting from the date you join).

4.5 You agree to take reasonable steps to respond to stay requests for your flipMyroom Listing within 60 hours.

4.6 flipMyroom Stays may only be entered into by Members and they must be the lead name on the Stay.

*** End of Terms of Conditions ***
 

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What is flipMyroom?

flipMyroom is a social travel community of like-minded individuals who stay in each other’s spare rooms, not on their sofas, for just $10 a night. Upload your own spare room to flipMyroom and search from thousands of other spare rooms worldwide on our site. You can stay in their spare room, but they don’t have to stay in yours! We are offering free life membership to the first 1,000 people to join flipMyroom.