MyFriendsRoom Terms & Conditions of Supply of Services
We are My Friends Room Limited, a company with company number 09631890 and registered address at 160 Park Road, London, England, N8 8JT, t/a MyFriendsRoom or My Friends Room.
References to "we", "our" and "us" are references to us, My Friends Room Limited. We own and run the website at www.myfriendsroom.com
If there is any term that you do not understand please notify us before using our Services.
Please read through the Terms carefully before using our Site and Services. If you are booking accommodation using our booking facilities on our Site, please print a copy for future reference.
We amend these Terms from time to time. Any changes will only apply to any subsequent facilitated bookings of accommodation. Each time you use our Site to book accommodation, please check these Terms to ensure you understand the terms, which apply at that time.
The Contract between us will be formed and enforceable once you accept a booking either as Property Owner or Traveler.
Prior to then you will be under no obligation to pay for our Services.
1. All registered users automatically become members of the MyFriendsRoom social network or club and can use our accommodation booking facilities (Members).
2. Our Services are available only to, and must only be used by, Members who are 18 years of age or older and have capacity to enter into the Contract. By registering as a user on our Site you are confirming to us that you are 18 years of age or older and have capacity to enter into the Contract. If you are not eligible, you must not use our Services.
Our Services are limited to facilitating contact between Members, who advertise and offer accommodation (Property Owners) and Members, who are interested in booking accommodation advertised and offered by Property Owners via our Site (Travelers).
LIMITATIONS OF OUR SERVICES
We rely on the integrity and honesty of our Members. We do not verify the existence or accuracy of description of any property or accommodation listed on our Site. We do not guarantee a transaction of any kind.
For each successful facilitation of a Booking Ccontract (see definition below) entered into by Property Owner and Traveler, we charge a service fee (our Fee) to both, Property Owner and Traveler. The Fee shall be a percentage of the value of the booking contract between Property Owner and Traveler as quoted on our Site from time to time.
Our Fee becomes payable by Traveler on the acceptance of the booking by Property Owner.
Our Fee becomes payable by Property Owner at the end of the month in which contracts for bookings are offered and accepted by Property Owner and Traveler or on the date when we send an invoice to Property Owner, whenever is the later.
Contracts for bookings are formed on the terms and conditions including cancellation policy set by Property Owner or on a case-by-case basis negotiated and agreed between Property Owner and Traveler (the Booking Contract). We are not a party to such Booking Contracts. It follows that even upon cancellation of a booking or other grounds for non-performance or breach of Booking Contract for whatever reason our Fee is not refundable.
Please note: Cancellations may also be subject to the payment of a cancellation fee pursuant to Property Owner’s cancellation policy.
MEMBERS OBLIGATIONS AND WARRANTIES
1. You may cancel bookings by giving written notice to the other party using the cancellation service facility provided in the Property Owner Area or Traveler Area of our Site. Cancellations must be made as soon as practicable.
2. Our service fee is not refundable as soon as a Booking Contract between Property Owner and Traveler has been arranged even when the booking is subsequently cancelled by either Property Owner or Traveler. The Property Owner may or may not charge a fee outlined in their Terms and Conditions written in their Cancellation Policy on their property listing.
3. You must provide accurate and correct contact details upon registration and keep your contact details up to date at all times.
4. You must not discriminate against any other Member registered on our Site.
5. You must not enter into Booking Contracts with Travelers using our Service if changes in statutory legislation or regulations in the relevant jurisdiction would make it illegal to comply with your obligations under the contract. In such an event, you must notify us immediately of the change.
6. By listing your property or room on our Site, you warrant
a. that you are the owner or lawful tenant of the premises or part of the premises you are offering for accommodation;
b. that entering into a Booking Contract with a Traveler will not breach any contractual agreement with third parties including but not limited to your tenancy agreement, building insurance contract or house insurance contract;
c. that entering into a Booking Contract with a Traveler will not be illegal under any statutory legislation or regulation in force from time to time in the relevant jurisdiction;
d. that you have appropriate insurance policies in place to cover you for any liability that may arise under the Booking Contract between you and your Traveler(s);
e. that you are 18 years of age or over;
f. that you have the right and capacity to enter into and perform the Booking Contract under the terms and conditions offered and accepted by you and your Traveler;
g. that the premises are reasonable secure and fit for human accommodation;
h. that the information provided about the accommodation is accurate and correct to the best of your knowledge;
i. that your contact details provided are correct at the time of entering into the Booking Contract;
5. By using our Services as a Traveler, you warrant
a. that you are 18 years of age or over;
b. that you have the right and capacity to enter into and perform the Booking Contract under the terms and conditions including the cancellation policy offered and accepted by you and the Property Owner;
c. that you do not invite other Travelers to enter into or stay on the Property Owner’s premises unless expressly agreed between you and the Property Owner;
d. that you do not intentionally damage the Property Owner’s property or premises;
e. that you do not remove property from the Property Owner’s premises without the Property Owner’s express permission;
f. that you respect the Property Owner’s property and do not use it in a way, which would go beyond its normal purpose and may render it unusable or unsafe for others.
RIGHT TO TERMINATE MEMBERSHIP
a. if you fail to cancel bookings without using the cancellation service provided in the Owners Area or Traveler Area of our Site.;
b. if you do not provide accurate and correct information about your accommodation;
c. if you fail to update your contact details;
d. if you do not respect the property of the Property Owner;
1. You agree to indemnify and hold harmless MyFriendsRoom, its officers, directors, shareholders, employees and agents, from any injury or damage suffered directly or indirectly as a result of your use of the MyFriendsRoom property listing service, including but not limited to:
a. any claims for injury or damage to person or property arising from a property or space you own;
b. any claims for injury or damage to a person or property arising from a property or space of which you are a tenant;
c. any claims for injury or damage to person or property arising from a booking contract to which you are a party;
e. a claim that any use of the service by you or someone using your computer (or account, where applicable) infringes any property right of any third party;
f. any misrepresentation by you;
g. any breach of any agreement to be performed by you in connection with a Booking Contract.
2. You agree to pay to MyFriendsRoom any and all costs, damages and expenses, including, but not limited to, reasonable legal fees and costs, awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim as described above.
1. Nothing in this agreement shall limit or exclude our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation; or
c. breach of the terms implied by the Supply of Goods and Services Act 1982 or any other liability which cannot be limited or excluded by applicable law.
2. Subject to clause 1 above, we shall not be liable to you whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Terms for:
a. loss of profits;
b. loss of sales or business;
c. loss of agreements or contracts;
d. loss of anticipated savings;
e. loss of or damage to goodwill;
f. loss of use or corruption of software, data or information; and
g. any indirect or consequential loss.
3. Subject to clause 1 above, our total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms shall be limited to the value of the Fee you are or may have been entitled to under the Terms at the relevant time (calculated by reference to the charges as advertised on our Site and based on the value of the Booking Contract or Contracts to which you were a party at the relevant time).
EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
2. An Event Outside Our Control means any act or event beyond our reasonable control including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
1. Except as explicitly stated otherwise, any notices to you shall be delivered to the email address you provide to us during the registration process.
2. Alternatively, we may give you notice by pre-paid post to the address you provided to us during the registration process, or as updated by you as relevant from time to time.
3. Any notices to us must be sent by email to firstname.lastname@example.org
4. Any notice shall be deemed received:
a. if sent by email, 24 hours after the email is sent, unless the sending party is notified that the email address is invalid; or
b. if sent by pre-paid post, four business days after the date of posting and in proving service of the same it shall be sufficient to prove that such letter was properly stamped or franked, addressed and placed in the post to the addressee at the address referred to above.
1. We may transfer our rights and obligations under a Contract to another organisation or company, but this will not affect your rights or our obligations under these Terms.
2. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
4. If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
GOVERNING LAW AND JURISDICTION
1. Please note that these Terms are governed by the substantive law of England and Wales. This means that any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales without regard to conflict-of-law provisions.
2. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction but if you are a consumer based in a EU member state or the UK, you may elect to bring proceedings in the courts of your country of residence.
3. If your country of residence is outside the EU or UK, we both agree that we will attempt to resolve any dispute arising out of or relating to these Terms through negotiations between representatives of the parties, who have authority to settle the same.
If the matter is not resolved by negotiation within 30 days of receipt of a written 'invitation to negotiate', we will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators. If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. The seat of the arbitration shall be England and Wales.
The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the parties. Should the parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.
The language(s) of the arbitration proceedings shall be English.