General Terms and Conditions

1. Scope, Amendments of Terms of Use
1.1 The following General Terms and Conditions (GTC) apply to the use of the platform www.flat4day.com. The platform www.flat4day.com is a service of the Flat4Day Company Inc ('flat4day' or 'we'). Flat4Day provides you (as 'User') its services, especially the use of the database, based on these user conditions.

1.2 By registering or using our services, you consent to the application of these terms of use.

1.3 flat4day reserves the right to change the terms of use to take effect in the future. In this case, the changes are only then part of the contract if the user consents to such changes. It is sufficient for this purpose that flat4day provides a new version of the GTC to the user via e-mail, that the user does not contradict these changes within four weeks, and whereupon flat4day will explicitly indicate to the user that these GTC are sent

1.4 Differing business conditions of the users are not valid, even if flat4day does not contradict individual cases.

2. Flat4day's services
2.1 The website www.flat4day.com is an online platform. Natural or legal persons and business partnerships that have registered, and whose registration has been confirmed by flat4day (hereinafter: 'User'), can provide and rent apartments, rooms or other accommodations ('accommodation'). The conclusion of the user contract is free.

2.2 Flat4Day provides a website platform for posting content and offers, making contacts, and preparing and concluding rental contracts. Rental contracts come to stand exclusively between the offering user (“provider”) and the renting user (“renter”). Flat4Day itself does not provide accommodations and does not accept any offers. Flat4Day is not a party in the contact concluded between the users on the website. The fulfillment of the contracts concluded between users on the website is solely between users.

2.3 Rental offers and content posted by users on the website will not be verified by flat4day as to their legality, accuracy or completeness and do not represent the views of flat4day. Flat4day is not responsible for third party offerings and content.

3. Registration, Formation of the user contract, Legal transaction declarations
3.1 The use of flat4day's services requires that the user has previously registered. Registration is free and requires that the user accept the GTC. By receiving a confirmation e-mail at the user-specified e-mail address by flat4day, a contract between flat4day and the user to use flat4day's services ('user contract') comes to stand. There is no legal right to conclude such a user contract.

3.2 Registration is allowed only to unrestricted, legal capacity natural persons, legal persons and partnerships. Minors may not register with flat4day. The registration of a legal person or partnership may be made only by an authorized natural person who must be named. During the registration, only individuals may be listed as the owner of the user account (i.e. no married couples or families).

3.3 During the registration, the user is obligated to provide accurate, up-to-date and complete information as required by the registration form, especially first and last name, current address (a PO Box is not acceptable), a valid e-mail address and, where appropriate, to state the name of the company and an authorized representative. The data must be up-to-date and correct at all times. Multiple registrations under different member names are prohibited. During registration the user chooses a user ID and password. The member name may not be an e-mail or Internet address, may not be damaging to the names, trademarks or rights of others, nor offend against good manners. After registration, the user receives a password and a name assigned to his membership account.

3.4 Legal transaction declarations (e.g. confirmation messages, changes to the GTC) may be sent to user by e-mail.

4. User obligations: user account, system integrity
4.1 The user is obligated to maintain up-to-date and accurate information in his membership accounts, and in the event of a change, to correct it immediately. A user account is not transferable and not inheritable.

4.2 The user is obligated to ensure that his membership account is only used by himself and is obligated for this purpose to keep his password secret.

4.3 Users are liable for all activities that are carried out while their member account is used. The user is not liable if he was not responsible for the misuse of his membership account as long as the existing duty of care was not violated.

4.4 Once the user is aware that third parties have access to his member account or have otherwise gained access to his member's account, he shall forthwith notify flat4day. Flat4day shall then block the member's account until the situation has been clarified. The expenses incurred to the account until it was blocked shall be paid by the user, unless disclosure of the access data is due to a fault of flat4day.

4.5 Flat4day only carries out a very limited review of registration data, as the identification of people in the Internet is only very restrictedly possible. Consequently, despite various security precautions, it is not possible to exclude that incorrect data was provided for a user account. Each user has to convince himself of the identity of his contractual party.

4.6 Users are obligated to set their systems and programs in connection with the use of flat4day's services so that neither the security, integrity nor the availability of systems set up by flat4day to provide their services, are affected. Users may not block flat4day generated content, rewrite, modify or in any way interfere with flat4day's services. Flat4day has the right to set up necessary measures (such as blocking access) that are necessary to ensure the system integrity of flat4day's systems or third parties.

4.7 Users are responsible to archive on a storage medium independent of flat4day the visible information on the website and information stored by flat4day, which they deem necessary for their own purposes of evidence, accounting, etc.

5. Use of the website, Compliance with applicable laws and existing rights
5.1 The user is responsible that the accommodation he offers is described correctly and completely. He must at least provide the information in the mandatory fields in flat4day, so that the accommodation and the offer are adequately described. In addition, it is up to the provider to request additional conditions, such as a deposit amount, the cost of cleaning, the possibility of canceling, etc. The various, contractual cancellation policies can be found at the following cancellation policies

5.2 Users are obligated to comply with applicable laws when using the website. Flat4day therefore prohibits, for example, to offer accommodations, whose offer and/or application violates statutory provisions, infringes on the rights of third parties or offends against good manners.

5.3 It is the sole responsibility of each user to ensure that his offers are legal and do not infringe on the rights of third parties.

5.4 Users may not use addresses, contact details and e-mail addresses, which they have obtained through the use of the site for any purpose other than for the pre-contractual and contractual communication. It is especially forbidden to sell this data or to use it to send advertising, unless the user in question has expressly agreed in advance.

5.5 The website content stored by flat4day may not be copied or distributed without prior consent of the respective owners, or otherwise used or reproduced. This also applies to copying in the way of search engine technologies or via other automatic mechanisms.

6. Responsibility of the user, Flat4day's exemption of liability
6.1 The user is soley responsible for offers and content, such as images, that he uploads on the website or otherwise makes publicly available or distributes. These may not be injurious to the rights of third parties, in particular, injure personality rights or copyrights of third parties.

6.2 The user exempts flat4day from all third party claims on the first request, which are made applicable against flat4day on the basis of content, violation of GTC or other conduct for which the user is responsible. The liability exemption includes reasonable legal fees and court costs.

7. Rights of use
o By submitting content (text and images), the user grants flat4day the following non-exclusive, transferable, temporally and spatially unlimited rights (including the right to grant sub-licenses) to the posted content, for the purpose of the offering flat4day services

(a) the archival and database rights, i.e. the right to archive the content in any form, and in particular to digitize it for database entry and save it on all known storage media and on any medium, and to connect it other work or work parts;

(b) the reproduction and distribution rights and the right to public playing, i.e. the right to store the content as desired, to copy and to make it available or disseminate it in full or in part in electronic or other media (such as Internet, newspapers, magazines);

(c) the legal process, i.e. the right to edit the content as desired, to change and in particular to reduce, to complement and link with other websites, and also prepare for use on mobile devices.

8. Availability and amendment of the website
8.1 The right of users to use the website exists only in the context of the current state of the technology. flat4day temporarily restricts use if this is necessary regarding safety, integrity, capacity limitations or to the implementation of technical measures, and also when such restrictions serve to improve performance of the services used (maintenance). The legitimate interests of users are acknowledged by flat4day, for example, by communicating this information in advance. flat4day's regulated liability, applicable in section 15, remains hereby unaffected.

8.2 flat4day reserves the right to change the arrangement of the website, and takes users' legitimate interest into reasonable consideration.

9. 9. Offer settings, conclusion of a rental contract between users, provision of accommodation, commissions, cancellation
9.1 If a provider posts an accommodation on the flat4day website, this is a non-binding invitation to bid on the proposed property with the specified conditions (rent, etc.) and will conclude with a rental contract. The renter can click the appropriate button to make a binding offer for conclusion of a rental contract by a certain date. The contract stands if the provider accepts the offer within 24 hours in appropriate flat4day procedure. If the provider does not accept the renter's offer within 24 hours, he is no longer bound by this bid.

9.2 If a contract is concluded between users, flat4day notifies the contract partners accordingly by sending an appropriate confirmation email. Flat4day shall also communicate the necessary contract data, especially the duration use and total price. The total price consists of the price of the accommodation and flat4day's commission. The settlement of agreed upon conditions such as a safety deposit or cleaning costs is made directly between users.

9.3 The renter then pays the total cost to the provider. Payment is to be made by bank transfer or credit card, and upon conclusion of the rental contract, will be debited and kept by flat4day in a non-interest bearing escrow account for the benefit of the provider. Should the amount receivable not be paid, the user must reimburse flat4day for the additional costs to the extent that it is his failure. Providers are not allowed to add additional costs or fees, which were not specified in the tendered price, and then demand these from the renter.

9.4 The registration as a user of flat4day is free. Flat4day does not charge for listing offers. .

9.5 The commission is due immediately upon conclusion of the rental contract, and can be paid by the user by bank transfer or credit card. The total amount will debited by flat4day together with the escrow administered rental fee. Should the debt recovery fail, the user must reimburse flat4day for the additional costs incurred to the extent that it is his failure.

9.6 Users may only set off due and/or future claims of flat4day commissions unless these claims are legally established or undisputed. The assignment of claims to third parties is not possible.

9.7 Users are forbidden to bypass flat4day's commission and fee structure.

9.8 Flat4day can change the rate of commission at any time. Flat4day will advise users by e-mail of any such changes taking effect on the website in due time. The change is effective for any provably obtained or brokered rental contracts, and unless the user objects within four weeks, flat4day shall expressly point out the dissemination of amendment to user.

9.9 The user herewith assigns flat4day to pay the rental price, minus the commission of flat4day, 24 hours after beginning of the stay in the provider's rented property. The renter has the right to revoke the transfer to flat4day should the accommodation not have been left to him in the contractual state. In this case, the revocation is to be sent in due time by e-mail to support@flat4day.com with a brief explanation. The timeliness of receipt by flat4day is significant.

9.10 The provider is soley responsible for the proper payment of applicable taxes.

9.11 Providers must be able to let the rented property to the renter for the agreed time period. For this purpose, providers and renters will agree on the necessary arrangements (location, time, etc.) soon after the conclusion of the contract.

9.12 The accommodation description and the images used may not infringe on the rights of third parties, and must relate strictly to the accommodation offered. Advertising that does not refer to the accommodation on offer is prohibited.

9.13 The users are forbidden to add links to other content in their offers.

9.14 In the event of an agreed cancellation option, the current, contracted conditions under cancellation policies shall apply.

10. Evaluation system
10.1 The website allows users to evaluate each other after renting an accommodation. The evaluations shall provide a meaningful index of users' trustworthiness. The evaluations are not reviewed by flat4day and may be inaccurate or misleading.

10.2 The user is obligated to only make truthful statements in his evaluation and to comply with the law. The views expressed by him may not injure third party rights, nor, in particular, infringe on personality rights. They must be objective and must not contain defamatory criticism.

10.3 Any use of the evaluation system contrary to the purpose of the evaluation system is prohibited. It is specifically prohibited for users to write evaluations about themselves or to arrange for third parties to incorporate circumstances into evaluations that are unrelated to the settlement of the underlying contracts or evaluations for any other purpose than the trade on the website.

10.4 Flat4day does not intervene in the evaluation system. Evaluations are neither altered nor removed by flat4day. Evaluations cannot be altered after they have been posted. They are stored permanently in the feedback profile of a user, and can be viewed by all users. Users can be held legally responsible for the damage to the reputation of another user if feedback contains vulgar, obscene, racist, not permissible for minors or criminally offensive comments. Since flat4day neither censors nor reviews evaluations for accuracy, flat4day cannot be held legally responsible for posted comments, even if those comments are defamatory.

10.5 Should there be an abuse of the evaluations by a user, flat4day has the exceptional right to remove the evaluation, and take measures stated in section 14. This is especially true if:

10.6 If both parties agree, they can retract the posted evaluation online. The evaluation post will be removed and does not enter into account's evaluation profile. The comment will be retained and expanded to include a reference to the withdrawal.

11. Duration, Termination
11.1 The user contract runs for an indefinite period of time

11.2 The user may terminate the user contract at any time without notice. A termination notice to flat4day in writing (e.g. letter, fax, e-mail) is sufficient. User's already existing proven or brokered rental contracts with other users remain unaffected by the termination of the agreement. Same applies for commission claims already due.

11.3 Flat4day may terminate the user contract with a period of two weeks. The right to block remains hereof unaffected.

11.4 The right to terminate for just cause, as well as the individually agreed upon termination rights of the user remain hereof unaffected. Just cause for flat4day exists in particular if: the user does not comply with a considerable payment obligation in whole or in part, despite a reminder with an appropriate deadline having been sent to the user-specified e-mail address; the user violates his obligations in this user contract, and despite a reminder with a timely deadline, does not take remedial action. A reminder is not needed if this is deemed not promising or the breach is so serious, or holding the contract is so restrictive as to be unreasonable for flat4day. Thereby, a serious breach is assumed when regular violations of the obligations under articles 5 and 6 ("user requirements") occur. Furthermore, the severity of the offense can also result from the fact that the user has already been warned several times due to a comparable violation; the user contradicts changes according to the GTC in articles 1.3 and 9.8; is required by the law, a court or an authority shows that the use of the site can no longer be offered in this form flat4day terminates its website or its business; insolvency proceedings are opened against user's assets.

12. Measures taken in case of legal and / or contractual breach of behavior by user
12.1 If there is sufficient indication that a user culpably breached legal provisions, rights of third parties or GTC, or if flat4day otherwise has a legitimate interest, in particular to protect members from fraudulent activities, flat4day can, pending a conditional cancellation, take one or more of the following actions:

12.2 flat4day takes the legitimate interests of the user in question into consideration when choosing these measures.

12.3 Rental contracts, which have already been concluded between the user and other users, are not affected by deletion of an offer. Same applies to claims already due commission. If, an offer that was not accepted by a user, is deleted by flat4day no effective rental contract is concluded.

12.4 flat4day has the right to permanently exclude (block) a user from using the website in each of the following cases. In as far as it is reasonable, the user is given prior notification by flat4day so that he has the opportunity to dispel suspicion or seek help. If a previous warning is not reasonable, for example, because the exclusion is necessary to prevent possible damage at flat4day or other media and their users, the user will immediately be informed by flat4day, and then be given the opportunity to comment and receive help. The right to block a user exists when:

12.5 Once a user has been permanently blocked by flat4day, he is not entitled to re-establishment of the blocked user account or the evaluation profile. The user may not use the website with any other member accounts nor re-register.

13. flat4day's liability
13.1 flat4day is not liable for the behavior of users. In particular, flat4day shall not be liable for the fulfilling of obligations under the rental contracts concluded between the users, and therefore not for the contractual service provisions in these contracts and/or lease of a responsible party for damages of any kind.

13.2 flat4day has unlimited liability for intent and gross negligence. In the case of slight negligent breach of a primary obligation, or a secondary obligation, which jeopardizes the purpose of the contract, or makes possible the proper execution of the contract in the first place, and compliance with which the customer should be familiar ('essential accessory obligation'), the liability of flat4day is limited to typical, foreseeable damages at contract conclusion.

13.3 flat4day is not liable for the slight negligent breach of accessory obligations, which are not essential accessory obligations found in the abovementioned clause 14.2.

13.4 The above mentioned exclusions of liability do not apply to fraudulent concealment or acceptance of a guarantee of quality, or for the liability of claims on the basis of product liability and for damages resulting from injury to life, body and health. A change in the burden of proof to the detriment of the user is not hereby connected.

13.5 Subject to article 13.2, flat4day shall only be liable for the recovery of data only if the user regularly and with caution made backup copies, which were kept in a safe place, and it is ensured that the data can be reconstructed from these backups at a reasonable cost. In this case, the user carries the burden of proof. Any further liability for data loss is excluded.

13.6 With the exception of claims arising from tort liability, user's claims for compensation, for which liability is limited according to this article, fall under the statute of limitations clause one year from the statutory limitation period.

13.7 In as far flat4day's liability is excluded or limited, same also applies to the personal liability of its employees, workers and other staff and vicarious agents.

14. Closing provisions
14.1 The headings in this contract are for convenience only and are not to be considered in the construction of the contract.

14.2 flat4day has the right to transfer its rights and obligations in this contract in whole or part to a third party.

14.3 This contract shall be governed exclusively by the substantive laws of the Republic of Turkey with the exception of the UN Convention on the International Sale of Goods.

14.4 Should any individual provision of these GTC be or become wholly or partially invalid, the remaining GTC's are still valid. In the event of such invalidity, the parties will replace the invalid provision with a similar, legally binding substitute provision. Same applies in the case of a regulatory gap.

14.5 All statements within the context of the concluding a user contract must be sent in writing or by e-mail to flat4day. The postal address and e-mail address of a user must be those that are specified as current contact data in the user's member account.

14.6 The English version of these GTC is for convenience only and is not to be considered legally binding. Only the Turkish version of these GTC shall be legally binding.

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