Terms & Conditions
Terms of Service
Last updated: November 2, 2017
Uniplaces provides an online marketplace for booking student accommodation. As such it provides booking services for both users (who are seeking accommodation) and accommodation providers (who wish to offer their accommodation to users). Please note that Uniplaces is an online marketplace – it does not itself let or rent accommodation to users directly.
At law, if you are a consumer, you have certain rights to cancel your agreement with Uniplaces to receive such booking services within a 14 day cooling off period following your agreement to these terms of service (please see clause 7 for further details of these rights).
However, by using our services to book (if you are a user) or accept a booking of (if you are an accommodation provider) accommodation during such cooling off period, you are requesting us to provide our services and, as a result, you will cease to have a right to cancel, under consumer law, from the time such booking is made (please see clause 7 for further details of this). You will still retain your contractual rights to cancel, which are set out in clause 11.
Further, if you are using our services to book accommodation, you are likely to be required to pay a 1st Rental Payment (as defined below) to your accommodation provider via Uniplaces (who will receive it on behalf of the accommodation provider and then send it onto them). This 1st Rental Payment is payable to your accommodation provider and therefore is only repayable in accordance with your contractual rights to cancel, which are set out in clause 11.
Please read this document carefully. It contains important information about your rights and obligations. In particular, it contains:
- a disclaimer of warranty and a limitation of liability (in clause 21), which together limit our responsibilities and liability to users and accommodation providers;
- a reimbursement clause under which users (in clause 12.10) agree to reimburse Uniplaces in certain circumstances;
- an indemnity clause (in clause 22) under which accommodation providers, which are businesses, will indemnify Uniplaces in certain circumstance.
You are advised to review these provisions carefully before proceeding.
1. About these Terms of Service
1.1 In these Terms of Service:
“1st Rental Payment” means the amount of the 1st rental payment due to be paid by the User to Uniplaces (on behalf of the Accommodation Provider), as advised on the Website from time to time;
“Accommodation” means a room, studio or other house or apartment offered through the Website by an Accommodation Provider;
“Accommodation Provider” means the provider of Accommodation listed on the Website;
“Blocked Period” means the period of time specified in a Selection Programme Email, during which only a User whose Booking Request has been accepted by Uniplaces as part of the Uniplaces Selection Programme can occupy the Accommodation;
“Booking Accepted” refers to the email sent by Uniplaces to the User and Accommodation Provider as soon as a Booking Request has been accepted by the relevant Accommodation Provider;
“Booking Request” means a request to book Accommodation submitted by a User;
"Booking Confirmed" means a request to book Accommodation that was accepted by the Accommodation Provider and paid by the User.
“Booking Value” means the amount corresponding to the sum of all the rental payments (including the 1st Rental Payment and Future Payments, but excluding the One-time Service Fee, Security Deposit and Holding Deposit (if applicable));
“Business Day” means any day other than a Saturday, Sunday or public holiday in the United Kingdom;
“Contract Start Date” means the date of commencement of the booking Term as specified in the relevant Booking Confirmation;
“Fully Verified Accommodation” refers to Accommodation where the Accommodation itself and the Accommodation Provider have successfully completed all the possible verification steps as set out on the Uniplaces website.
“Future Payments” means all the future payments the User has to make directly to the Accommodation Provider (in addition to the 1st Rental Payment), which include any rental payments payable by the User to the Accommodation Provider and the Security Deposit;
“Holding Deposit” means, where applicable, the amount (as specified on the relevant Accommodation listing) the User pays at the point of the booking with the intention of "holding" the Accommodation. Such amount is immediately paid on to the Accommodation Provider by Uniplaces and, for clarity, it is not intended to cover any damages that occur during the User’s occupation of the Accommodation or any other breach of the Tenancy Agreement by the User;
“Locations” means the cities and countries as set out on our Website;
“Move In Date” means the date when the User moves into the Accommodation as specified in the relevant Booking Confirmation.
“Security Deposit” means the amount that the User has to pay to the Accommodation Provider to cover any damages that occur during his occupation of the Accommodation or any other breach by the User of the Tenancy Agreement. The deposit is refunded after move-out at the end of the Tenancy Agreement by the Accommodation Provider subject to deduction of any fee for damages. The Security Deposit is a matter between User and the Accommodation Provider and Uniplaces is not involved in, and shall not be liable for the management of, any such deposits;
“Selection Programme” the programme offered by Uniplaces set out at clause 13;
“Selection Programme Compensation” means a sum equal to one month’s rent of the Accommodation (based on single occupancy and the rental price listed on the Website at the time Uniplaces sent the Selection Programme Email), less any rent payable to the Accommodation Provider in relation to the first month of the Blocked Period as a result of a Booking Request being accepted as part of the Selection Programme, less the Uniplaces Commission that would have been charged on that resultant amount;
“Selection Programme Email” means the email sent by Uniplaces to the Accommodation Provider requesting their participation in the Selection Programme in respect of a the Accommodation specified;
“Selection Programme End Date” means the date 14 days after the Blocked Period starts and on which the Selection Programme shall expire;
“One-time Service Fee” means the amount (inclusive of VAT) the User pays to Uniplaces in respect of its fees when a Booking is accepted in consideration of the Services provided by Uniplaces to such User. It is calculated as a percentage of the 1st Rental Payment (as advised from time to time). This fee applies to the specific Accommodation displayed on the Website, so that if such Accommodation is a single room in a larger flat or house, this fee applies to the specific room you will be occupying and not the entire flat or house;
“Services” means the facilitation of bookings of Accommodation by Users with Accommodation Providers by means of the Website;
“Tenancy Agreement” means the tenancy agreement, lease or licence (whether or not formal and whether or not in writing) between the Accommodation Provider and the User in respect of the tenancy of the Accommodation;
“Term” means the lesser of: (i) the term of the tenancy based on the “Contract Start” and “Contract End” date (as specified in the relevant Booking Confirmation); or (ii) a period of 12 months from the “Contract Start” date;
“Uniplaces Commission” is the fee (inclusive of VAT) that Uniplaces charges the Accommodation Provider when a booking occurs in consideration of the Services provided by Uniplaces to such Accommodation Provider by means of the Website. It is calculated as a percentage of the Booking Value (as advised from time to time) plus any relevant VAT charged on this percentage of the Booking Value. It is then deducted from the amount that Uniplaces transfers to the Accommodation Provider”;
“Uniplaces”, “we” and “us” are references to Uniplaces Limited;
“User” means a user of the Website seeking Accommodation;
“Website” means any website maintained by Uniplaces including without limitation the websites at www.uniplaces.com, www.uniplaces.co.uk, www.uniplaces.net and www.uniplaces.pt and its and their subdomains, any associated social networking profiles and any applications for mobile devices that Uniplaces may publish from time to time; andq2
“you” means a User or an Accommodation Provider (as applicable).
These Terms of Service set out the terms on which we offer the Services and provide the Website and on which you agree to use the Services provided by us and the Website maintained by us.
Please read these Terms of Service carefully and make sure that you understand them before using the Services or the Website. If you do not agree to these Terms of Service, you must cease use of the Services and Website immediately.
2. Acceptance of Terms of Service
2.1 By registering to use the Services and/or the Website on the Website and/or by requesting Uniplaces to create listings of Accommodation for you, you accept and agree to be bound by these Terms of Service. These Terms of Service are only published in, and valid in, the English language.
2.2 We may at any time modify these Terms of Service. We will notify you of any significant changes to these Terms of Service either by emailing you (at the email address entered by you into any form on the Website) in advance of the changes coming into effect giving you the right to cancel the contract if you do not agree to them. By continuing to use the Services and/or the Website following the expiry of any right to cancel, you agree to be bound by such changes. You can review the most current version of our Terms of Service at any time by clicking on the "Terms & Policies" link located at the bottom of the Website.
3. What is the Website?
3.1 The Website is an electronic platform enabling Users to browse, search and book Accommodation at the Locations and enables Accommodation Providers to advertise Accommodation to Users. Bookings can be made for short or long terms ranging from 28 days upwards.
3.2 Uniplaces provides booking services to Users and Accommodation Providers, but it does not offer Accommodation to Users on its behalf. Any Tenancy Agreement shall be entered into between the User and the Accommodation Provider directly. Uniplaces will not be a party to such Tenancy Agreement and will have no rights or obligations arising out of it.
4. Information Displayed on the Website
4.1 The Website contains information, images and prices of Accommodation as well as information relating to the Location of the Accommodation.
4.2 Uniplaces tries hard to ensure that all information published on the Website is clear, accurate, complete and not misleading. We also try to ensure that only Accommodation that meets certain standards of cleanliness, decor, building safety and finish, facilities and customer service are listed on the Website. However, as we do not provide the Accommodation, we cannot guarantee this.
4.3 Uniplaces relies on Accommodation Providers to provide appropriate accurate information and to keep such information updated. We do not verify the accuracy or currency of any information uploaded or provided to us by Accommodation Providers unless we have expressly stated that we do. If you are an Accommodation Provider, you acknowledge and agree that you are solely responsible for the content of the information uploaded or provided to us in respect of any Accommodation offered on the Website.
4.4 If you are an Accommodation Provider, you must check the relevant listing information of any Accommodation offered by you on the Website including (but not limited to) its price, availability, and facilities before accepting any Booking Request sent to you via Uniplaces.
4.5 If you are a User, you acknowledge and agree that we will have no liability in respect of any information uploaded to the Website or provided to us by an Accommodation Provider about the Accommodation and that your proper remedy in respect of any loss or damage you may suffer arising out of or in connection with the written information displayed in respect of the Accommodation is against the relevant Accommodation Provider. If the Accommodation has been verified by Uniplaces, Uniplaces shall be responsible for the accuracy of the verified information only. However, Uniplaces shall not be liable for any changes to the Accommodation after its verification.
4.6 We reserve the right to remove without notice all or any part of any Accommodation listed on the Website in respect of which we receive a complaint (or otherwise conclude) that it is out of date, inaccurate or breaches the rights of a third party. We will use reasonable efforts to process and act on such complaints reasonably and promptly.
4.7 Users are advised to read any documentation carefully and ensure that they understand the cost of the Accommodation (i.e. the rent and any other costs) and the terms and duration of the Tenancy Agreement and any restrictions on the usage to which the Accommodation can be put. Photographs and videos of the Accommodation on the Website should be used by Users only as a guide of what the Accommodation may look like and not as an exact representation.
5. Booking Accommodation
5.1 Users are able to submit a Booking Request for Accommodation through the Website. The User must select the dates and Accommodation that he wishes to book and then click the “Request to Book” button.
5.2 The User warrants that he is of legal age to enter into a contract such as a Tenancy Agreement in the country where the Accommodation is located and acknowledges that, if the User is in breach of this warranty, then Uniplaces shall be entitled to retain any Service Fee that has been paid by the User as compensation for breach of this warranty by the User. It is the User’s responsibility to check that he can legally contract with the Accommodation Provider.
5.3 The User will be asked to provide payment details for the 1st Rental Payment, One-time Service Fee and Holding Deposit (if applicable) in respect of the Booking Request. After the Booking Request is accepted by the Accommodation Provider payment will be taken. If the payment is successful the User will receive an email confirming that the Booking was paid and confirmed.
5.4 Upon Payment of the Booking Request, the system creates an authorisation for the 1st Rental Payment, One-time Service Fee and Holding Deposit (if applicable), followed by drawing the funds. The User’s card will be charged in accordance with these Terms and Conditions and thereby giving rise to a confirmed booking.
5.5 After payment by the User, the booking is confirmed and Uniplaces makes an introduction of the User to the Accommodation Provider selected by the User.
6. Confirmation of a Booking
6.1 The Accommodation Provider can accept or reject the Booking Request. If the Booking Request is rejected, Uniplaces will promptly notify the User and will make reasonable efforts to suggest other suitable properties. If the Accommodation Provider accepts the Booking Request, payment will be taken in respect of the 1st Rental Payment, the One-time Service Fee and Holding Deposit (if applicable). After the payment is completed Uniplaces will promptly notify both parties setting out the next steps.
6.2 Once a booking has been confirmed, it is the User’s responsibility to:
(a) comply with any further requirements that the Accommodation Provider may have. This may include (but not be limited to) the provision of character references and/or guarantor information. This information can also be required by the Accommodation Provider before accepting the Booking Request, in such cases the User will be informed that such information will be required; and
(b) stay in the relevant Accommodation throughout the Term, comply with the Tenancy Agreement, and to make, promptly and in full, all payments to Uniplaces and to the Accommodation Provider as may be required by these Terms of Service or the Tenancy Agreement, as the case may be.
6.3 The Accommodation Provider agrees that once it accepts a Booking Request and the User pays a booking is confirmed, and so the Accommodation Provider is bound to offer the relevant Accommodation for the dates, and at the price stated on the Booking Request and, further, that the property details, condition and facilities of the Accommodation are not materially different from those stated on the Uniplaces listing. Failure to do so may result in complaints and cancellation by the User (who may be entitled to a full refund).
7. Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
7.1 Subject to clauses 7.3 and 7.4, if you are a consumer, you have a legal right to cancel your agreement with us to provide the Services at any time during the 14 days after you have first accepted these Terms of Service in accordance with clause 2.
7.2 To cancel your agreement with us to provide the Services, you just need to let Uniplaces know that you have decided to cancel. You may use a copy of the form which is located at the back of these Terms of Service as a Schedule to do so. If you use this method, Uniplaces will e-mail you to confirm it has received your cancellation.
7.3 If you make or accept a Booking Request within the 14 day cancellation period set out above, then you have requested Uniplaces to provide its Services during such 14 day cancellation period and accordingly you will lose your statutory right to cancel your agreement with Uniplaces to provide the Services once the Booking Request is accepted in accordance with clause 6, at which point the One-time Service Fee (if applicable) will be payable in accordance with these Terms of Service. Your contractual rights to cancel, as set out in clause 11, will still apply.
7.4 In any event, cancellation of the agreement with Uniplaces to provide the Services shall have no effect on any Tenancy Agreement that may have been or will be entered into.
7.5 Any payment that is paid by the User to Uniplaces on behalf of the Accommodation Provider under, or in connection with, a Tenancy Agreement (including the 1st Rental Payment) will be held on trust by Uniplaces for the Accommodation Provider and will only be repaid to the User in accordance with clause 11.
8. The 1st Rental Payment
8.1 The 1st Rental Payment is a contractual reservation fee payable by the User to Uniplaces, which will receive it on behalf of the Accommodation Provider and hold it on trust for the Accommodation Provider.
8.2 Within two Business Days of the Move In Date, unless otherwise agreed in writing with Uniplaces, Uniplaces shall pay to the Accommodation Provider, subject to deductions for the Uniplaces Commission, the 1st Rental Payment and Holding Deposit (if applicable).
8.3 Uniplaces is not a member of any deposit protection scheme in respect of such 1st Rental Payments and will not be holding any damages deposit or performance deposit for the Accommodation Provider which they request from the User.
9. Tenancy Agreement
9.1 The Tenancy Agreement only comes into effect when the Accommodation Provider and the User agree the terms for the occupation of the Accommodation. The Tenancy Agreement shall be entered between a User and an Accommodation Provider and for the avoidance of doubt, Uniplaces shall not be a party to such agreement.
9.2 Uniplaces shall not be responsible or liable for any failure or deficiency in the performance of the Tenancy Agreement by the Accommodation Provider and/or for any defect in any Accommodation provided by the Accommodation Provider.
9.3 Uniplaces shall not be responsible or liable for any failure or deficiency in performance of any contract by the User, including, but not limited to, changes in Move In Date and/or move-out dates. The Accommodation Provider has the mechanisms to enforce any pre-agreed details (including Move In Date and move-out dates) with the User and thus, no additional payment or refund shall be or ever become due from Uniplaces to the Accommodation Provider.
10. Move in Date
On the date set out in the relevant Booking Confirmation, the User will move into the Accommodation. All Future Payments will be made directly to the Accommodation Provider. The listing for the Accommodation sets out what the Future Payments constitute. For any further clarification, the user should contact the Accommodation Provider.
11.1 In addition to and subject to the User’s rights to cancel under clause 7, a User may also cancel the booking in accordance with the cancellation policy chosen by the Accommodation Provider and as set out below.
11.2 Accommodation Providers may select ONE of the following cancellation policies. Once they have made a selection and notified Uniplaces, this policy will be in effect for all future bookings. If no selection is made, the “Moderate Cancellation Policy” will be applied by default. The Accommodation Provider gives Uniplaces irrevocable authority to commit the Accommodation Provider to the selected (or default) cancellation policy, to process (and if necessary refund) any 1st Rental Payment, and apply Uniplaces’ Commission, in the manner set out below.
11.3 A User is permitted to cancel in the following circumstances and according to the following terms:
(a) after a booking has been made and a Tenancy Agreement has been entered into in accordance with clause 9.1 and/or the User moved into the Accommodation, it cannot be cancelled except pursuant to the termination provisions contained in such Tenancy Agreement.
(b) Cancellation Policy: Flexible: before the Tenancy Agreement has been entered into by the User and Accommodation Provider but after the Accommodation Provider has accepted the Booking Request and after the User has made the 1st Rental Payment if the User notifies Uniplaces that he wishes to cancel:
(i) less than 15 days prior to the Contract Start Date, no refund will be due in respect of the 1st Rental Payment (and the booking will be cancelled);
(ii) between 15 days and 30 days prior to the Contract Start Date, Uniplaces will refund 50% of the 1st Rental Payment (and the booking will be cancelled); and,
(iii) more than 30 days prior to the Contract Start Date, Uniplaces will refund 100% of the 1st Rental Payment (and the booking will be cancelled).
With respect to clause 11.3(b)(i), the Accommodation Provider shall, in case of cancellation, receive the balance of the 1st Rental Payment after the Uniplaces Commission has been deducted and with respect to clause 11.3(b)(ii), the Accommodation Provider shall, in case of cancellation, receive 50% of the 1st Rental Payment after Uniplaces’ Commission has been deducted.
(c) Cancellation Policy: Moderate: before the Tenancy Agreement has been entered into by the User and Accommodation Provider but after the Accommodation Provider has accepted the Booking Request and after the User has made the 1st Rental Payment if the User notifies Uniplaces that he wishes to cancel:
(i) less than 30 days prior to the Contract Start Date, no refund will be due in respect of the 1st Rental Payment (and the booking will be cancelled);
(ii) between 30 days and 60 days prior to the Contract Start Date, Uniplaces will refund 50% of the 1st Rental Payment (and the booking will be cancelled); and
(iii) more than 60 days prior to the Contract Start Date, Uniplaces will refund 100% of the 1st Rental Payment (and the booking will be cancelled).
With respect to clause 11.3.(c)(i), the Accommodation Provider shall, in case of cancellation, receive the 1st Rental Payment that is left after the Uniplaces Commission has been deducted and with respect to clause 11.3.(c)(ii), the Accommodation Provider shall, in case of cancellation, receive 50% of the 1st Rental Payment that is left after Uniplaces’ Commission has been deducted.
(d) Cancellation Policy: Strict: before the Tenancy Agreement has been entered into by the User and Accommodation Provider but after the Accommodation Provider has accepted the Booking Request and after the User has made the 1st Rental Payment if the User notifies Uniplaces that it wishes to cancel:
(i) less than 30 days prior to the Contract Start Date, no refund will be due in respect of the 1st Rental Payment (and the booking will be cancelled);
(ii) between 30 days and 90 days prior to the Contract Start Date, Uniplaces will refund 50% of the 1st Rental Payment (and the booking will be cancelled); and
(iii) more than 90 days prior to the Contract Start Date, Uniplaces will refund 100% of the 1st Rental Payment (and the booking will be cancelled).
With respect to clause 11.3.(d)(i), the Accommodation Provider shall, in case of cancellation, receive the 1st Rental Payment that is left after the Uniplaces commission has been deducted and with respect to clause 11.3.(d)(ii), the Accommodation Provider shall, in case of cancellation, receive 50% of the 1st Rental Payment that is left after the Uniplaces Commission has been deducted.
(e) Cancellation Policy: Non-refundable: before the Tenancy Agreement has been entered into by the User and Accommodation Provider but after the Accommodation Provider has accepted the Booking Request and after the User has made the 1st Rental Payment if the User notifies Uniplaces that it wishes to cancel no refund will be due in respect of the 1st Rental Payment (and the booking will be cancelled).
With respect to clause 11.3.(e), the Accommodation Provider shall, in case of cancellation, receive the 1st Rental Payment that is left after the Uniplaces Commission has been deducted.
11.4 For the avoidance of doubt, if a booking is cancelled by a User in accordance with this clause 11, Uniplaces will not refund the One-time Service Fee.
12. Re-booking Uniplaces Guarantee
12.1 Uniplaces has confidence that the Users who use its Services will remain in occupation of their Accommodation for the duration of their Term. This confidence stems from the fact Uniplaces undertakes various background checks on the Users, which include, but are not limited to, Uniplaces:
(a) obtaining the User’s full name, phone number, and country of residence. However, Uniplaces does not conduct checks on the immigration status of Users as part of these background checks and Accommodation Providers are advised to undertake whatever checks as to the immigration status of any User are required in the country that the Accommodation is located in;
(b) obtaining additional information about the User, for example, whether the User is an undergraduate, postgraduate or language school student and, on an optional basis, what university or school the User will be attending; and
12.2 As a result of the confidence we derive from carrying out such checks, and our confidence in our ability to re-book vacant Accommodation swiftly, we are willing to offer the following re-booking guarantee to certain Accommodation Providers. In order for an Accommodation Provider to receive the benefit of such guarantee, Uniplaces will need to specifically agree to provide such service to the Accommodation Provider which Uniplaces will communicate to the Accommodation Provider via email. If Uniplaces does not do so, then this clause 12 shall not apply. The re-booking guarantee takes effect from the User’s “booking start date” (as specified by Uniplaces) and ends one month prior to the end of the relevant Term and is as follows:
(a) following the Move In Date, if a User permanently ceases to occupy Accommodation that has been booked through Uniplaces, then the Accommodation Provider authorises Uniplaces (subject to these Terms of Service) to, and Uniplaces shall, immediately re-book the Accommodation (for a period equal to or longer than the remainder of the Term);
(b) provided that the Accommodation Provider has complied with the remainder of this clause 12, until the earlier of such time as Uniplaces re-lets the Accommodation or the expiry of the Term, Uniplaces shall pay to the Accommodation Provider (as the Accommodation Provider’s sole remedy for Uniplaces being unable to re-let the Accommodation) an amount equivalent to the daily rent (after the exhaustion of any credit held by the Accommodation Provider relating to the 1st Rental Payment, advance rent and/or deposit) that from time to time falls due to the Accommodation Provider under the Tenancy Agreement; and
(c) Uniplaces shall have sole discretion to re-let the Accommodation to such person and with such a discount to the current rent as Uniplaces considers reasonable and commercially appropriate to obtain a prompt re-letting of the Accommodation for the remainder of the Term. However, if Uniplaces re-lets the Accommodation with a discount to the monthly rent of in excess of five percent of the rent paid by the previous User, then Uniplaces shall continue to pay the excess only (in accordance with clause 12.3) for the remainder of the Term.
12.3 The first payment under clause 12.2(b) or (c) shall be made on or around the first Business Day of the calendar month that falls following the expiry of the period of 60 days that starts on the date that Uniplaces receives a valid and appropriately substantiated claim for such a payment from the Accommodation Provider. Thereafter, Uniplaces shall make such payment monthly in arrears on or around the first Business Day of each month.
12.4 Uniplaces shall have no obligation to reimburse any rent under clause 12.2(b) or (c) to the extent that such rent is in excess of the market rate for a property of the size and quality of the Accommodation in the location in which it is located, in each case as reasonably determined by Uniplaces.
12.5 If the Accommodation Provider:
(a) re-lets the Accommodation without using Uniplaces;
(b) otherwise hinders or fails to facilitate the re-letting of the Accommodation by Uniplaces (including by keeping the Accommodation in the condition considered in clauses 12.6(h) (v) to (vii) below);
(c) receives payment of the rent by the User’s guarantor under the Tenancy Agreement; or
(d) fails to notify Uniplaces when the Accommodation has been re-let, then no sum shall be payable to the Accommodation Provider under clause 12.2(b) or (c).
12.6 In addition, no sum shall be payable under clause 12.2(b) or (c):
(a) in respect of any 1st Rental Payment, advance rent and/ or deposit that the Accommodation Provider collected or any initial rental payment that the Accommodation Provider failed to collect at the start of the Tenancy Agreement;
(b) as a result of any agreement between the Accommodation Provider and the User for the User to pay less rent or to cease or suspend paying rent as set out in the listing for the Accommodation;
(c) as a result of the User moving to another accommodation of the Accommodation Provider (or of any person or entity directly or indirectly connected to the Accommodation Provider) during the Term;
(d) unless the Accommodation Provider notifies Uniplaces in writing on our help.uniplaces.com form of the User ceasing to occupy the Accommodation and to pay rent within 14 days of such event occurring;
(e) unless the Accommodation Provider has first demanded in writing (which may include (but not be limited to) by email) payment of the relevant rent from the User and such rent remains outstanding more than seven days after the date that such demand was delivered to the User;
(f) in respect of:
(i) insurance premia, outgoings or utilities charges payable by the Accommodation Provider;
(ii) any sums that the Accommodation Provider is itself obliged to pay as rent or service charge to a superior Accommodation Provider or management company;
(iii) mortgage premia, interest, fees, or penalties payable by the Accommodation Provider to the Accommodation Provider’s funders; or
(iv) any rent that is agreed in a Tenancy Agreement that is in excess of the rent set out in the listing of the Accommodation;
(g) in respect of unpaid service charges, outgoings, fees, utilities charges, fines payable by the User under the Tenancy Agreement or the cost of any dilapidations or Accommodation repairs required by the Accommodation Provider at the termination or conclusion of any Tenancy Agreement;
(h) if the User ceases to occupy the Accommodation or cancels or terminates a Booking or Tenancy Agreement as a result of:
(i) the Accommodation Provider being in breach of these Terms of Service or the Tenancy Agreement;
(ii) the Accommodation Provider providing incorrect or misleading information about the Accommodation, or otherwise misrepresenting the Accommodation, to the User (whether through www.uniplaces.com or otherwise) prior to the start of the Tenancy Agreement;
(iii) the User cancelling the booking in accordance with the cancellation policy set out in these Terms of Service;
(iv) the original booking having been accepted by the Accommodation Provider by mistake or in error (and such mistake or error not being communicated in writing on our help.uniplaces.com form);
(v) the Accommodation not being available for occupancy by, or being inaccessible to, the User;
(vi) the Accommodation being: (i) in an unsafe or uninhabitable condition; or (ii) being in such a state of disrepair as to hinder the User’s use of the Accommodation; or (iii) due to any circumstance not within a party’s reasonable control, including without limitation:
- acts of God, flood, drought, earthquake or other natural disaster;
- epidemic or pandemic;
- terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war or armed conflict;
- collapse of buildings, fire, explosion or accident; and
- interruption or failure of utility service.
(vii) the Accommodation Provider failing to remedy any defect in the Accommodation, or maintenance issue, that arises during the Term in such a manner as to hinder the User’s enjoyment of the Accommodation;
(viii) the Accommodation Provider encouraging, persuading, coercing or otherwise procuring the User to do so;
(ix) any joint action, arrangement or agreement with the Accommodation Provider that was made or entered into with the intent of enabling the Accommodation Provider to benefit, unjustly, from the payment provisions in clause 12.2(b) and (c); or
(x) if the User ceases to occupy the Accommodation, or cancels or terminates a booking or Tenancy Agreement, where the User has complained to Uniplaces, within 24 hours of the start of the Move In Date, regarding the condition of the Accommodation.
12.7 No sum shall be payable under this clause if the User or the Accommodation Provider has knowingly provided false information to Uniplaces at any time.
12.8 No sum shall be payable under this clause if the User does not move into the Accommodation on, or shortly after, the Move In Date (a “no show”).
12.9 Uniplaces shall be entitled, at any time and without notice, to inspect or permit a third party to inspect any Accommodation to which this clause 12 applies.
12.10 The User acknowledges that the re-booking service (and the accompanying obligations on Uniplaces under this clause 12) are intended to give the Accommodation Provider comfort that Accommodation will be occupied for the duration of the relevant Term:
(a) accordingly, this clause 12 does not excuse the User from performing its obligations under these terms or any Tenancy Agreement entered into with the Accommodation Provider, and the User shall reimburse Uniplaces for any and all sums paid by Uniplaces to an Accommodation Provider under or in connection with this clause 12 as a result of the User ceasing to (or purporting to cease to) permanently occupy any Accommodation during the Term;
(b) if Uniplaces makes any payments, or payment is demanded from Uniplaces under this clause 12, the User shall pay to Uniplaces immediately on written demand by Uniplaces an amount (in the corresponding currency) equal to the full amount of such demand; and
(c) a certificate of Uniplaces as to the amount of any such payment shall be conclusive evidence (except in the case of fraud) that such payment was made by or demanded from Uniplaces and is accordingly payable in accordance with this clause 12 by the User. All payments by the User are to be made to Uniplaces without any deduction, set off or withholding whatsoever.
13. Uniplaces’ Selection Programme
13.1 Uniplaces are willing to offer some Accommodation Providers the opportunity to join its Selection Programme. In order for an Accommodation Provider to receive the benefit of the Selection Programme, Uniplaces will need to agree to provide such a service to the Accommodation Provider which Uniplaces will communicate via a Selection Programme Email and the Accommodation Provider will need to agree to be a member of the Selection Programme within 4 days of the date of such Selection Programme Email, subject to these Terms of Service including this clause 13, by clicking the relevant “accept” button on the Accommodation Provider’s dashboard or the landing page on the Website. If the Accommodation Provider does not do this, or Uniplaces withdraws its offer before the Accommodation Provider accepts, this clause 13 shall not apply.
13.2 The Accommodation Provider’s membership of the Selection Programme will take effect from the date the Accommodation Provider accepts Uniplaces’ offer and ends on the Selection Programme End Date. For the duration of the Selection Programme:
(a) the Accommodation Provider will not market, advertise or accept any bookings through any other channel than the Website in respect of the Accommodation for the Blocked Period;
(b) Uniplaces will be able to accept a booking for the Accommodation that involves any period during the Blocked Period, including a booking that concludes after the expiry of the Blocked Period, and the Uniplaces Commission shall be calculated on the basis of the entire Booking Value of such booking;
(c) Uniplaces will have sole control over the acceptance and rejection of all Booking Requests made in respect of the Accommodation for the Blocked Period provided that the Accommodation Provider’s house rules (stated on the Website at the time of the Booking Request) are satisfied; and
(d) if the Accommodation Provider notifies Uniplaces of its desire to withdraw from the Selection Programme or cancels a booking accepted during the Selection Programme, then on request, the Accommodation Provider shall pay Uniplaces a sum equal to the Uniplaces Commission that would have been payable if a booking had been accepted during the Selection Programme for the entire Blocked Period and the Accommodation Provider’s membership of the Selection Programme shall be cancelled and the Blocked Period shall no longer apply.
(e) The Accommodation Provider allows Uniplaces, unilaterally, to change the indicated rent price (increasing or decreasing) of the exclusive property. However, if the Landlord becomes eligible, this should not affect the initially agreed Selection Programme Compensation;
(f) If the tenant cancels a booking before the move-in date (according to Uniplaces terms), Uniplaces shall hold the already received funds (deducted from any refund under the Cancelation policy), maintaining the commitment to pay the Compensation of the Selection Program, in case the circumstances established in clause 13.4 are verified;
(g) The Accommodation Provider must provide Uniplaces with an invoice, at the end of the selection programme, referring to the amount correspondent to the compensation, if the conditions for this transfer to happen are gathered. Uniplaces shall pay the amount invoiced within 30 days from receiving the respective invoice.
13.3 The Accommodation Provider shall ensure that all sums charged in relation to the Accommodation during the Blocked Period are the same as those listed on the Website at the time the Selection Programme Email was sent by Uniplaces.
13.4 Uniplaces shall pay the Accommodation Provider the Selection Programme Compensation within 15 days of the Selection Programme End Date if:
(a) no Booking Requests are accepted during the Selection Programme;
(b) all Booking Requests that are accepted during the Selection Programme are subsequently cancelled by the User; or
(c) Uniplaces cancels the Accommodation Provider’s membership of the Selection Programme, and in which case, the Compensation Sum may be reduced in accordance with clause 13.6.
(d) a Booking request is accepted during the Selection Programme, however the value of the rent obtained by the landlord in the first month of the Blocked period is less than the value of one month’s rent of the Accommodation (based on single occupancy and the rental price on the Website at the time Uniplaces sent the Selection Programme email).
13.5 In all circumstances not set out at clause 13.4, and if the User or the Accommodation Provider has (at any time) knowingly provided false information to Uniplaces or failed to correct the relevant listing information, the Selection Programme Compensation will not be paid.
13.6 Uniplaces will have the right to cancel the Accommodation Provider’s membership of the Selection Programme at any time. Should Uniplaces do so, Uniplaces may pay the Accommodation Provider a reduced Selection Programme Compensation in line with the “moderate” cancellation policy set out at clause 11.3 (c) . In this circumstance, the ‘Selection Programme End Date’ will be applied as the ‘Move In Date’. For example, 45 days prior to the Selection Programme End Date, Uniplaces would be able to terminate and only pay the Accommodation Provider 50% of the Selection Programme Compensation.
13.7 All Booking Requests that are accepted during the Selection Programme (unless clause 13.4(b) applies), shall be treated like any other Booking Confirmed in accordance with these Terms of Service, and Uniplaces Commission shall be paid accordingly.
13.8 A “moderate” cancellation policy, as set out at clause 11.3 (c), shall be applied to all bookings accepted during the Selection Programme.
13.9 The Accommodation Provider agrees to meet the User at the Accommodation (or to arrange for an appropriate person to meet the User at the Accommodation) on the date and time that the User requests to move into the Accommodation.
13.10 During the Blocked Period, the Accommodation Provider shall not:
(a) move a User from the Accommodation to another property which is owned or managed by the Accommodation Provider (or any person or entity directly or indirectly connected to the Accommodation Provider) without the express consent of Uniplaces and the User;
(b) advertise, market, or accept a booking on, another rental property of a similar type to that of the Accommodation which the Accommodation Provider owns or controls for a lower rental price than that of the Accommodation, without the prior written consent of Uniplaces, not to be unreasonably withheld or delayed; or
(c) enter into any joint action, arrangement or agreement with a User that was made or entered into with the intent of enabling the Accommodation Provider to benefit, unjustly, from the Selection Programme.
13.11 The Accommodation Provider shall not allow the cancellation of a paid booking relating to the Accommodation without the written consent of Uniplaces. For the avoidance of doubt if the Accommodation Provider agrees to refund a User despite the User not being entitled to a refund under the “moderate” cancellation policy, then no Selection Programme Compensation payment will be payable.
13.12 The Accommodation Provider must notify Uniplaces immediately of any complaint received from a User in respect of the Accommodation.
13.13 Uniplaces shall be entitled, at any time and without notice, to inspect or permit a third party to inspect any Accommodation to which this clause 13 applies.
13.14 The Accommodation Provider agrees that by clicking the “accept” button on the Accommodation Provider’s dashboard or landing page on the Website, it has electronically signed these Terms of Service and in particular, this clause 13, and therefore:
(a) the Accommodation Provider shall be integrally bound to this clause 13 by means of such electronic signature; and
(b) the electronic signature will be considered as proof of the authorship and integrity of this clause 13, granting it evidentiary value.
13.15 Uniplaces reserves the right to cancel the Accommodation Providers Membership of the Uniplaces’ Selection Programme within 15 days of the date the Accommodation Provider accepts Uniplaces’ offer to join the Selection Programme. In this situation no Selection Programme compensation shall be payable.
14. Your Conduct
14.1 In making any Booking payment after being accepted by the Accommodation Provider and authorising the One-time Service Fee, 1st Rental Payment (and the Holding Deposit, if applicable) in respect of selected Accommodation, the User agrees that it shall not seek to circumvent Uniplaces by trying to make (or in fact making) a booking with the Accommodation Provider directly and notifying us that you have decided not to make a booking.
14.2 In using the Website and/or the Services and/or accepting any introduction of a User in respect of selected Accommodation, the Accommodation Provider agrees that it shall not seek to circumvent Uniplaces by trying to make (or in fact making) a booking with the User directly and notifying us that the User has decided not to make a booking.
14.3 By downloading and/or using the Website, you agree not to upload, post, email or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services or Website.
14.4 You agree and undertake to keep your username and password confidential, not to disclose your password to any other person and not to permit any other person to log in to the Website using your username and password.
14.5 You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service. You also agree not to:
(a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
(b) attempt to gain access to secured portions of the Website to which you do not possess access rights;
(c) impersonate any other person while using the Services or Website;
(d) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
(e) resell or export the software associated with the Website;
(f) use the Website to generate unsolicited advertisements or spam; or
(g) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
15. Uniplaces’ Rights
15.1 In providing you with access to the Website, Uniplaces reserves the following rights, and in accessing, browsing or otherwise using the Website you grant to Uniplaces and agree that Uniplaces shall have the following rights:
(a) the right to refuse or withdraw your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in Uniplaces’ sole and absolute discretion you violate or breach any of these Terms of Service;
(b) the right to suspend, amend or disable your profile without giving you notice or any reason;
(c) the right to amend or update the Website, fees, billing methods or these Terms of Service from time to time; and
(d) the right to report you to the police or other judicial body if Uniplaces believes in its sole and absolute discretion that your conduct (whether in using the Website, our Services or otherwise) is unlawful.
16. Intellectual Property
16.1 Uniplaces and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website. The Website is protected by UK and International copyright and other intellectual property laws.
16.2 Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without Uniplaces’ prior express written consent.
16.3 We grant you a royalty free, non-exclusive, non-transferable, revocable, worldwide licence to use our intellectual property rights in the Services and the Website solely to the extent necessary to allow you to participate in the Service. Any unauthorised use of the Website will result in the automatic termination of the limited licence granted by us. Uniplaces reserves the right to terminate the limited licence without notice at any time following an unauthorised use by you of the Website.
16.4 Uniplaces and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Uniplaces. They may not be used without Uniplaces’ prior express written permission.
16.5 You agree that Uniplaces owns the copyright for any content, whether textual, graphic, photographic or video, that it creates and publishes on its Website and you must not sell, export, license, modify, copy, distribute or transmit this content to any third party.
16.6 You grant Uniplaces a royalty free, non-exclusive, non-transferable, irrevocable, worldwide licence to use your intellectual property rights solely to the extent necessary to allow Uniplaces to provide the Services to you. For clarity, such use might include such matters as displaying your name and logo next to an Accommodation listing, or providing a link to your website.
16.7 Additionally, you grant us a royalty free, non-exclusive, non-transferable, irrevocable during the term of this Agreement, worldwide licence to use your intellectual property rights in your name, logo and brand get-up (your “Brand”) for the purposes of promoting the Service by means of referring on the Website and in our public statements and publicity material to the fact of your participation in the Service, provided that in doing so we use reasonable efforts to ensure that we do not do anything which damages the goodwill in your Brand.
16.8. You shall reimburse us on demand in respect of any costs, damages or expenses that might arise as a result of, or in connection with, any alleged or actual infringement of any third party's intellectual property or other rights, arising out of Uniplaces’ use of information submitted by you on the Website.
Whilst we have implemented commercially reasonable technical and organisational measures to secure your personal information and user content from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and user content at your own risk.
18. Electronic Communications
By downloading and/or using the Website and/or material provided through the Website, you consent to receiving electronic communications and notices from Uniplaces. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You have the right to ask us not to process your personal data for such marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at help.uniplaces.com.
20. Use of Information Submitted
20.1 You agree that Uniplaces is free to use comments, information (except personal information) or ideas contained in any communication you may send to Uniplaces without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Services or Website or other products or services. For the avoidance of doubt, all such information will be deemed by Uniplaces to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
20.2 You agree that any information published by you on the Website may be public information and that other users of the Website will be able to view and comment on such information. You can classify some information as public information and some information as private information. Public information will appear on your profile page.
20.3 You agree that Uniplaces is free to republish and make use of any information, including but not limited to, text and images, that you publish on the Website. Our use may include, but is not limited to, reposting your Accommodation listing on other websites such as OLX, Gumtree, Craigslist and Idealista. You agree that Uniplaces has the right not to acknowledge you as the source of such information and/ or creator of such content. In general however, we will make an attempt to provide a link back to your page when posting content on other third party sites. You hereby irrevocably waive all your moral rights to any content posted by you on the Website. You confirm that you have all necessary rights and consents to share any such information that may be owned by a third party which you may post on the Website.
21. No Warranty & Liability Limit
Uniplaces provides the Services and Website "as is" and without any warranty or condition, whether express, implied or statutory. Unless you are a consumer, Uniplaces specifically disclaims any implied warranties of title, merchantability, or fitness for a particular purpose. Uniplaces specifically disclaims any implied warranties for non-infringement. Uniplaces assumes no liability or responsibility for any errors or omissions in the Website or provision of the Services; any failures, delays or interruptions in the Website; any losses or damages arising from the use of the Services or Website; any conduct by users of the Services or Website; or any liability of an Accommodation Provider under the Immigration Act 2114 arising from the immigration status of any User. We reserve the right to deliver the Services and Website in our sole and absolute discretion.
21.2 This clause 21.2 only applies if you are a business and not a consumer. Subject to clause 21.4, Uniplaces, its shareholders, directors, officers, employees or agents shall not be liable (jointly or severally) to you for:
(a) loss of profits, business or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss, arising out of or in connection with the Services and/or Website or these Terms of Service, and whether or not advised of the possibility of damage.
21.3 This clause 21.3 only applies if you are a consumer. If Uniplaces fails to comply with these Terms of Service, Uniplaces is responsible for loss or damage you suffer that is a foreseeable result of Uniplaces’ breach of these Terms of Service or our negligence, but Uniplaces is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and Uniplaces at the time we entered into this contract. Uniplaces provides the Services for domestic and private use. Uniplaces has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
21.4 Uniplaces does not seek to exclude liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation on the part of Uniplaces.
21.5 From time to time you may use or access services, promotions and websites of third parties (including without limitation Accommodation Providers). In using or accessing third party services, promotions and websites, you agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
21.6 From time to time Uniplaces may run promotions or incentives for the benefit of our Website visitors, potential customers and customers. Uniplaces reserves the right to modify or remove these promotions at any time and may cancel any benefits or monetary payments owed to people who have not yet redeemed part or all of the benefit owed to them under the promotion. Please have a look at our FAQ’s, which you can find here, in respect of such promotions.
21.7 You acknowledge and agree that Uniplaces is not responsible for the accuracy of any information published on the Website by users and does not warrant that any information appearing on the Website is accurate, true or complete. Uniplaces specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.
21.8 If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
If you are a business, you agree to indemnify and hold Uniplaces and its related companies, and each of their respective shareholders, directors, officers, employees, agents, merchant partners and professional affiliates harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Services and/or Website or your violation of any law or the rights of any third party.
23.1 You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), the Services, the Website, Uniplaces’ advertising or any related transaction between you and Uniplaces shall be governed by and construed in accordance with English law.
23.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales. If you are a consumer and reside outside of England and Wales, you will be given no less protection than that afforded to you by your local jurisdiction.
23.3 If you are a consumer and reside outside of England and Wales, you will be given no less protection than that afforded to you by your local jurisdiction.
Uniplaces may change or discontinue the Services and/or Website at any time without prior notice. We reserve the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that you violate any of the Terms of Service set forth herein (without prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease use of the Services and Website.
25. Membership of the Property Redress Scheme
25.1 Uniplaces is a member of the Property Redress Scheme. Further information about the scheme is available at https://www.theprs.co.uk/.
25.2 If you wish to complain about Uniplaces, you must first follow our internal complaints procedure, as detailed in the Refund Policy section of our Website. If this is unsuccessful you may refer your complaint to the Property Redress Scheme after 8 weeks of your complaint being registered with Uniplaces.
26.1 These Terms of Service are agreed between you and us. No person shall have any rights under or in connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.
26.2 If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
26.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
26.4 Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
26.5 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms of Service without our prior express written consent.
27. Contact Us
Uniplaces Limited is a company registered in England and Wales with registration number 08674633, whose registered office is at 107-111 Fleet Street, London, EC4A 2AB, United Kingdom. Uniplaces VAT number is GB 202 2913 56.
For more information about how to contact Uniplaces, please see here.
Model cancellation form
(Complete and return this form only if you wish to cease to use our booking services)
To Uniplaces Limited
107-111 Fleet Street
I hereby give notice that I cancel my registration with your website.
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),