TERMS AND CONDITION
This Terms and Conditions contain very vital and necessary legal information regarding your use of this platform.
It is of utmost importance that you diligently and painstakingly read this since you are bound by all its terms once you use this platform.
Your use of this platform is an express confirmation of your acceptance of this Terms and Conditions.
Be informed that your use of the Instant Apartment website expressly confirms your entry into a legally binding agreement which terms are clearly stipulated herein.
Nothing in this Terms and Conditions shall preclude the guest from abiding by the terms, conditions, rules and regulations that may have been put in place by the host, neither shall anything preclude the host from stipulating terms, conditions, rules and regulations for guests.
ABOUT INSTANT APARTMENT : Instant Apartment is a web-based platform which provides short let, medium term and long stay property rental.
We also offer customers a wide range of outstanding luxury services to make accommodations memorable such as connecting you to restaurants, events, recreation centers and other choice locations.
Instant Apartment helps you discover luxury and comfortable apartments by connecting both guest and host. Instant Apartment gives no assurance whatsoever as to the nature of apartments, its security, its location, the behavior and personality of both guest and host or any details provided by users as we have no control over these factors.
All information regarding the apartments are published by the Hosts after they must have gone through, understood and fulfilled our basic requirements. All hosts on our platform have not been endorsed by us and we also have not commissioned any of them to be an agent or representative of Instant Apartment in any capacity whatsoever. All users are advised to diligently exercise due diligence, reasonable care and caution while either picking an apartment to reside in or in allowing a guest to occupy such apartment. Instant Apartment utilizes all information provided on the platform solely for the purpose of giving you optimum services and nothing more.
Instant Apartment is not liable for any acts, omission or negligence committed by any user or third party regarding information provided or not provided as the case may be.
IDENTITY AND CAPACITY TO ENTER CONTRACTUAL AGREEMENT : Instant Apartment recognizes the fact that not all individuals have the capacity to enter into a legally binding contract.
Only users who are 18 years old and above and are mentally sound are allowed to create an account and use this platform. By creating an account and using this platform, you agree and confirm that you are of contractual age and mentally sound.
Instant Apartment does not guarantee the identity of the individuals who make use of its platform and as such Instant Apartment cannot confirm the identity of any of such persons and shall not be held liable for any activities of such persons.
All users of the platform are solely liable for their actions, acts and omissions.
REGISTERATION AND CREATION OF AN ACCOUNT :All prospective users of the Instant Apartment website are to open an account by going through a registration process and fulfilling all the necessary requirements.
The registration and creation of an account is free and has no charges whatsoever.
It is only after such registration has been done that users can either book for or list an apartment on the website. A user who registers on the platform with the name of a legal entity such as a Company, Business name or Incorporated Trustee agrees that he/she has been authorized to do so by such legal entity and shall be held entirely liable if the need arises.
Instant Apartment will not be held liable for any harmful acts or conduct of a user who registers with the name of any legal entity which is not an individual.
INSTANT APARTMENT CONTENTS : Instant Apartment is a law abiding legal entity and as such, the company has very high regard for all laws whether at home or abroad and this includes Copyright, Trademarks, Patent laws.
Instant Apartment reserves the sole right to authorize users to upload, publish or make posts on the website. You agree that all contents on the Instant Apartment website are the exclusive property of Instant Apartment except the contents which you may have a legal right of ownership to.
You shall not alter, remove, copy, commercialize, authorize for use or handle such contents in any manner without the authority of Instant Apartment. Instant Apartment does not grant you any rights whatsoever to its contents be it expressly or by implication. You agree that Instant Apartment grants you a partial, limited and revocable license to use this platform subject to your compliance with the Terms and Conditions herein.
Unless with your permission, Instant Apartment does not claim any legal right to contents which you may have legal rights of ownership to and you hereby expressly grant instant Apartment without any equivocation, a right free from any monetary compensation at all times, to use, modify, change, transform, alter, adjust, post, repost, advertise and publish all contents published or provided by you on the platform.
The right of usage of your content which you grant to Instant Apartment is without any compensation whatsoever.
You agree that you shall be held liable for all contents provided by you on the Instant Apartment platform in the event where your contents are held to be fraudulent, harmful or where your contents infringe on the rights of any corporate entity, third party rights or goes against any existing laws, rules and regulations. You undertake that you have legal rights to all contents published by you at every point in time and you shall not post or publish any libelous or defamatory material which is harmful to anyone. Instant Apartment shall not be held liable for any acts or omissions of yours regarding contents provided by you.
Instant Apartment shall not be held liable for any acts or omissions of yours regarding contents provided by you.
FEES: Instant Apartment charges fees for the services it provides and these fees are non-refundable except as provided under our Cancellation and Refund Policy.
Instant Apartment charges a flat fee of 10% from all hosts on the platform. In the event where this fee is changed or modified, same shall be communicated to users.
HOST LISTING TERMS : Every host who desires to list an apartment on the Instant Apartment Website shall provide the following information and abide by the accompanying obligations:
i. You may list more than one apartment on the Instant Apartment platform
ii. You shall provide Complete and precise information about your apartment and such information shall include; Name of apartment, address, landmarks (E.g. schools, restaurants, shopping malls etc.), category of apartment(Whether luxury, fully serviced, furnished or studio),price(you are advised to be fair in fixing a price for your apartment as this will increase the chances of your apartment being booked), Owner of apartment (State if you are the Owner or a Tenant),facilities (Number of bedrooms, bathrooms, BQ, Swimming pool, tennis court, well maintained garden, Wi-Fi(If any of these exist), access codes(if any),outstanding government fees(if any), policies, regulations or prohibitions(E.g. Regulations as to smoking, pets, noise etc.),hours of power supply, generator capacity(if any).You are advised to include top quality pictures(this will increase the chances of your apartment being booked).In the event where the apartment is listed by a company, a business name, an Incorporated Trustee or any other legal entity, such legal entity shall provide and upload its Certificate of Incorporation from the Corporate Affairs Commission if such legal entity is registered in Nigeria or the certificate issued by the body or agency authorized to issue such certificate if the registration of the corporate body was done outside Nigeria.
iii. You shall provide a brief but true and correct profile of yourself which shall include a clear photograph of your face and a valid Identity card (either Driver’s License, National Identity Card, Voters Card, Data page of your International Passport or any other valid identity card issued by the government).In the event where the apartment is listed by a corporate entity other than a private person, such corporate entity shall have an authorized representative who shall list such apartment after complying with the requirements provided herein as regards creating a profile and also attaching the Certificate of Incorporation/Registration of such corporate entity. The Certificate of Incorporation/Registration shall be sufficient proof of the fact that such representative has been so authorized. iv. It shall be your duty to set a price for your apartment and also provide updates on the availability of your apartment at all times as well as fixing check-in and checkout times.
v. You are advised to insure your apartment against all risks that may occur.
vi. You are allowed to post a maximum of ten photos of your apartment. Instant Apartment reserves the right to decide on the quality and size of the photos where same is necessary.
vii. You are advised to obtain a Refundable Caution Fee from your guest. In the event where such guest causes any damage or loss to the apartment, this fee is forfeited by the guest and same shall be utilized in fixing such damage.
viii. The description and photos posted shall be a precise reflection of the state and standard of the apartment in reality to avoid misrepresentation of facts or any unnecessary issues which ordinarily would have been avoided.
ix. CONTRACT: Upon approval and acceptance of a booking, the host and guest enter into a legally binding contract and both parties shall be required to fulfill the terms of the contract. Instant Apartment is not privy to this contract; hence, it is absolved from any liability whatsoever. x. You confirm, agree and authorize Instant Apartment to receive all sums due to you from the guests. Your payment (Cost of accommodation) shall be remitted to you instantly upon receipt of same or in the event where there are minor issues that need to be sorted out before remitting your funds, you shall receive payment within a minimum of 24 hours after the guest settles into the apartment. Instant Apartment shall be entitled to 10% of the cost of booking such apartment as its fees and you agree that same shall be deducted together with 5% Value Added Tax (“VAT”) before your payment is remitted to your bank account.
xi. You confirm that your apartment and all listings made by you are not a subject of any dispute or claim whatsoever in a law court or any Dispute Resolution Centre and you have taken all necessary steps legally to ensure that you are not in breach of any legal requirements or provision of any law, statute or agreement regarding apartments and provision of accommodation to guests. You further confirm that all the information you have provided regarding yourself as well as your listing are complete, true and correct to the best of your knowledge and in the event where any wrong information provided by you leads to a dispute or claim, you shall be solely liable.
TERMS RELATING TO GUESTS :
i. You shall provide a brief, correct and true profile of yourself.
ii. You are at liberty to book any apartment of your choice which has been listed on the Instant Apartment Platform. You accept to pay the complete cost of booking such apartment together with the Refundable Caution Fee and any other fee that may be necessary for such booking. The Refundable Caution Fee is forfeited if at the point of checking out it is discovered and confirmed that you have caused damage to the apartment. If no damage is caused, the fee shall be refunded back to you within 24 hours after checking out. If the check-out date falls on a weekend or public holiday, the refund shall be made on the next working day.
iii. CONTRACT: Upon receipt of a booking confirmation from Instant Apartment, you enter into a legally binding contract with the Host and both parties shall be required to fulfill the contract.
iv. All payments regarding bookings are made to Instant Apartment.
v. You shall disclose to the host all additional persons accompanying you and ensure that they comply to all rules and regulations set by such host. You agree that all additional persons with you are mentally sound and have attained the age of 18 years and in the event where you check into any apartment with anyone below the legal age, you agree that you have the legal authority to do same.
vi. You shall expressly disclose the purpose for which the accommodation is to be used and such purpose shall be legal and within the confines of the law. While making a booking, you shall state whether the accommodation is to be used for a party, get together or any other form of celebration and such guest must get a confirmation from the host before carrying out such activity. A guest who uses an apartment for any other purpose other than the purpose initially disclosed shall not be allowed into such apartment or if such guest is already inside the apartment, he/she shall be evicted from the apartment and such guest shall not be entitled to a refund as a penalty for violation of a fundamental term of this terms and conditions. Instant Apartment shall not be liable for any of such use of an apartment different from that initially disclosed nor will it be liable for an eviction from such apartment.
vii. You agree that you shall check out of the apartment once your duration for stay in the apartment expires.
viii. You agree that you are not allowed and shall not stay in the apartment more than the time specified in your booking unless you decide to extend your stay. An extension of stay shall be dependent on the availability of the apartment and your conduct during the period of your initial stay. ix. Upon extending your stay, you shall make your payments for extension through the Instant Apartment platform.
x. In the event where you default regarding check out time, you agree to pay such amount as may be determined by the Host as fee for default in Checking Out at the appropriate time.
xi. You further confirm that all the information you have provided regarding yourself as well as your booking are complete, true and correct to the best of your knowledge and in the event where any wrong information provided by you leads to a dispute or claim, you shall be solely liable.
BOOKING CANCELATION AND REFUND POLICY : Cancelation or alteration of bookings made on the Instant Apartment platform is at the exclusive discretion of the guest and subject to the terms contained herein.
In the event where a guest wishes to cancel a booking for any reason whatsoever, such guest shall give a minimum notice of five (5) working days.
The notice of cancellation shall be made by email.
Upon such cancellation, Instant Apartment shall confirm if the cancellation has been made within the stipulated time frame.
If the cancellation meets the minimum time frame requirement, a full refund shall be made to the guest.
However, if a booking is cancelled and such guest defaults in complying with the stipulated minimum time frame for cancelation, a refund shall be made less the following percentage; Four (4) to three (3) days’ Notice of cancellation attracts a fee of 20% from the sum paid, three (3) to two (2) days’ Notice of Cancellation attracts a fee of 45% while a Cancellation done 24 hours to the check-in time attracts 60% fee from the sum paid. More so, if a guest makes a booking and decides to cancel under 24 hours after making such booking, 50% of the amount paid shall be deducted from the sum refunded.
A guest who makes complete payment and checks into an apartment but suddenly decides to check out of the apartment without exhausting his or her payment and duration of stay shall be entitled to a refund after 60% of the amount left for the remaining duration must have been deducted.
A host whose apartment was initially booked before the said cancellation was made by the guest shall be entitled to the cancellation fee while Instant Apartment shall be entitled the 10% of the cancellation fee
Instant Apartment shall not in any way be held liable for cancellations including cancellations done as a result of any change in dates, postponed trips, industrial actions, change of apartment for any reason including personal reasons, health reasons, professional reasons, force majeure like an act of God, governmental act, war, fire, flood, explosion or civil commotion
To avoid Cancellation Charges, guests are advised to book an apartment only when their travel dates and arrangements are confirmed. Deposit payments for reservation are non-refundable if such reservation is cancelled less than 24 hours to check-in time.
You agree that our cancellation policy is reasonable and a true reflection of the loss which would be incurred by Instant Apartment upon the cancelation of a booking.
For all bookings, the guest shall pay a minimum of 50% of the cost of such apartment before same can be reserved.
Where a guest wishes to extend the period of stay outside the originally booked period, a notice by email shall be sent to Instant Apartment as soon as possible and you agree to pay the cost of an extension of stay.
The request for extension shall only be granted based on the availability of the apartment and your conduct during your initial stay.
It is after the availability of the apartment has been confirmed that payment can be made.
In the event where the said apartment is not available, an alternative apartment may be arranged for the guest.
ILLEGAL ACTIVITIES / CONDUCT :All users of the Instant Apartment website are to conduct themselves in a good, responsible and orderly manner in line with all existing Laws, rules and regulations of both the government and the hosts.
Both guest and host are solely responsible for their respective conducts. You undertake not to engage in or carry out any illegal activities capable of misleading any person or jeopardizing the name, character or identity of such individual or that of Instant Apartment. All illegal activities are neither allowed or condoned inside or around our apartments.
Our apartments are not hideouts for criminals, bandits, armed robbers and fraudsters of every description including cyber criminals or internet fraudsters and you agree that by staying in our apartment you are a law-abiding citizen with a legitimate means of livelihood. Instant Apartment does not encourage crime or illegality of any description. Instant Apartment is and shall be absolved from the consequence of any illegal activity which you may be caught carrying out whether within or outside our apartments. Instant Apartment shall not be held responsible for any illegal act or conduct which is contrary to existing laws, rules and regulations.
DAMAGE OF APARTMENT BY GUEST :As a guest, you owe the host a duty to ensure that the apartment suffers no damage or loss whatsoever.
Upon checking out, the apartment including its furniture and facilities ought to be in the same state you met them during check- in, that is; clean, tidy and without damage.
In the event where the host discovers any damage or loss which is as a result of the acts, conducts or negligence of the guest, you agree to repair or pay for such damage or loss with your Caution Fee and also pay such extra amount as may be calculated by the host if the damage caused is more than the Refundable Caution Fee.
Instant Apartment is not responsible or liable for any damage or loss but shall take all necessary reasonable steps in ensuring that any disputes arising from such loss or damage is sorted out amicably between the parties.
CHANGE OF BOOKING :Where it is reasonable and necessary, Instant Apartment reserves the right to change a booking or relocate a guest from a particular apartment to another with same facilities and location as the former or a different locality as agreed. This notwithstanding, Instant Apartment will use all reasonable efforts to ensure that all bookings made are able to proceed accordingly as planned. You agree that Instant Apartment shall not be held liable for any damage or loss which occurs as a result of a relocation or change of booking.
OFFLINE BOOKINGS : All users of the Instant Apartment platform are advised to make their bookings online at all times.
You agree that in the event where you make a booking offline, it shall be deemed that you have thoroughly read and understood this Terms and Conditions as contained herein before making such booking.
You agree that making an offline booking does not exonerate you from the terms contained herein.
You shall be bound by the provisions of this Terms and Conditions irrespective of whether you carry out your transaction online or offline. Instant Apartment shall not be held liable for any acts, omissions or negligence which arises from your offline usage of this platform or its services.
PETS :Instant Apartment maintains a strictly “No Pets” policy so guests are not allowed to check in with pets.
In the event where it becomes absolutely necessary for a guest to check in with pets such as service dogs, this shall be allowed only with the express written permission of the Host.
RECOMMENDATIONS : All users are allowed to make inputs, remarks and recommendations in areas deemed necessary to enable Instant Apartment improve on its services. Upon submission of such recommendations, same is regarded as non-exclusive to you and you agree that we have a right free from any monetary compensation and an irrevocable permit to utilize and distribute the ideas and materials for any reason and you shall be entitled to no kind of payment whatsoever.
To submit your recommendations, you may contact us by email.
TERMINATION : This Agreement shall at all times remain valid until such time when you or Instant Apartment terminates the Agreement in accordance with the provisions contained herein
i. Instant Apartment shall have the right to terminate this agreement at any time by giving you thirty (30) days' notice by email.
ii. Instant Apartment shall terminate this Agreement without giving any notice to you if (a) You are in breach of any term of this agreement. (b) It is of the believe that such termination of agreement is reasonably but absolutely necessary to protect the personal safety and interest of Instant Apartment, its directors, employees, personal representatives and third parties. (c) You have acted contrary and violated the rights of any user including third parties.
iii. More so, Instant Apartment shall terminate this agreement without notice to you if: (a) To obey an order of a court of competent jurisdiction or comply with the rules and regulations of a government agency or institution. (b) You are in breach of this agreement or some other rules and regulations including third-party rights, (c) The information provided by you during the account registration, booking or listing have been discovered to be false, incomplete, incorrect or fraudulent. (d) Your apartment and the information provided do not meet our requirements and you have refused to comply to the issues raised despite several complaints and reminders. (e) You have developed an attitude of cancelling booking requests and acting inappropriately towards guests without any good reason for such behavior (f) If Instant Apartment is of the believe that such termination of agreement is absolutely but reasonably necessary to protect the personal safety and interest of Instant Apartment, directors, employees, personal representatives and third parties. g) The following penalties shall apply to you if it is investigated and discovered that you have been involved in any illegal, criminal or fraudulent activity of any form:
I. Cancellation of your booking whether approved or pending approval. II. Restriction or reduction of your access to the Instant Apartment Platform III. Suspension of your Instant Apartment account depending on the severability and consistency of such breach.
DISCLAIMER : Your usage of Instant Apartment platform is solely on your own accord and free will.
Your usage of the platform is solely at your own risk and Instant Apartment gives you no warranties whatsoever be it expressly or by implication.
You undertake and confirm that you have exercised due diligence and carried out a thorough and adequate investigation of the website and also on all laws and rules relating to your listing of apartment and your right to book and reside in any apartment of your choice and any point in time. You do not place any reliance on any representations or statements made by us at any point in time.
Instant Apartment’s verification of any user is not a guarantee which you hold unto and you confirm, agree and accept any risk which may occur whether it is risk of bodily injury or death which may occur as an aftermath of your usage of this platform.
In using this platform, all choices you make including everyone you bring with you to an apartment are solely your responsibility and shall not be the responsibility of Instant Apartment at any point in time be it now or in the future.
Be notified that this disclaimer carries the full force of the law.
LIABILITY :In deciding to use this platform, you shall solely bear every risk that may occur as a result of such usage. Instant Apartment as well as its directors, employees, personal representatives, assigns and successors in title are neither liable or liable for any risks which may arise either now or in the foreseeable future from your usage of this platform.
Instant Apartment is only liable and responsible for any negligent acts done by itself or its directors, employees, assigns, personal representatives and successors in title.
Instant Apartment’s total liability as it relates to this Terms and Conditions or your usage of this platform shall be the total amount paid by a guest twelve (12) months before the occurrence of such event which Instant Apartment is liable for and in the case of a host, it shall be the total amount paid to such host by Instant Apartment twelve (12) months before the occurrence of such event which Instant Apartment is liable for. In an event where neither of these two scenarios have occurred, Instant Apartment’s total liability shall not be more than N40,000.00 for clients residing in Nigeria or $112 or its equivalent for clients resident outside Nigeria.
INDEMNITY : You shall indemnify, defend and hold harmless Instant Apartment, its directors, employees, personal representatives, assigns and successors in title from and against any and all third party claims for damages, judgments, costs and expenses (including reasonable accounting costs and fees) that may occur by reason of (i) Your breach of any representations or any part of this Terms and Conditions; (ii) Your negligence, recklessness or willful misconduct in any way related to matters covered by this Terms and Conditions(iii) Your material breach of this Terms and Conditions; (iv) Your violation of the protected rights of any third party including, without limitation, infringement of intellectual property rights of third parties, (v) liability for acts and omissions of anyone acting under your instruction.
SEVERABILITY : If any of the provisions of this Terms and Conditions becomes invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the other provisions shall continue to be valid and not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION : Any controversy or claim of whatever nature arising out of or relating to the use of this platform shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
It is hereby agreed that any dispute between you and Instant Apartment shall be settled amicably and in good faith.
The parties further agree that in the event where they are unable to settle their disputes amicably, such dispute shall be referred to arbitration in accordance with Arbitration & Conciliation Act, Cap 18A, LFN 2004, headed by a single Arbitrator and the venue of the Arbitration shall be Nigeria.
The language of arbitration shall be English. The decision of the arbitrators shall be final and binding on the parties involved. The cost of arbitration including fees and expenses of arbitration shall be borne equally by the parties.
Instant Apartment and yourself agree that all claims relating to granting an injunction as well as unauthorized use of intellectual property shall be instituted in a law court and shall not be submitted to arbitration.
INSTITUTING CLASS ACTION OR REPRESENTATIVE ACTION : It is hereby agreed between you and Instant Apartment to waive every right to institute a class action or a representative action. This waiver applies to all kinds of claims.
TAX : You authorize Instant Apartment to deduct tax which is 5% VAT from the cost of rent. You agree that this amount shall be deducted by Instant Apartment upon receipt of the money for booking such apartment from the guest before payment is remitted to the host.
SURVIVAL UPON TERMINATION : In the event where you cease using your Instant Apartment account as well as the Instant Apartment platform, the Governing Law and Dispute Resolution Clause above and every other clause that reasonably should survive such termination shall survive and continue to apply.
FORCE MAJEURE : Neither party is responsible for any failure to perform its obligations under this Agreement, if it is prevented or delayed in performing those obligations by an event of force majeure
a. Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this agreement must immediately notify the other party within five (5) days giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party in performing its obligations under this agreement and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of this agreement and to fulfill its or their obligations under this Agreement.
b. Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this agreement.
c. An event of force majeure shall not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
d. This agreement has no entitlement and Instant Apartment has no liability for:
i. any costs, losses, expenses, damages during an event of force majeure; and
ii. any delay costs in any way incurred by a user due to an event of force majeure.
AMMENDMENTS : Instant Apartment reserves the right to change or alter this Terms and Conditions whenever the need arises and this shall be done without prior notice to you. You agree that you shall always read this Terms and Conditions thoroughly before using the platform or its associated services.
GENERAL PROVISIONS : I. You shall not delegate, confer or assign this Agreement, your rights and commitments contained herein without the consent of Instant Apartment being sort and obtained. Instant Apartment shall exercise the sole right to assign, exchange or delegate this Agreement and any rights and commitments contained herein, with 7 days prior notice and this right shall be without limitation. Your right to end this agreement whenever you so desire remains valid.
For enquiries, complaints or recommendations kindly contact us on any of the following:
firstname.lastname@example.org email@example.com firstname.lastname@example.org