Latest update: June 12th, 2019
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS. THESE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS ,DEFINING SPOTAHOME’S LIABILITY IN CERTAIN CASES, DETERMINING THE JURISDICTION AND AUTHORITIES ON MATTERS OF CONFLICT RESOLUTION, AS WELL AS THE APPLICABLE LEGISLATION TO SPOTAHOME SERVICES.
TERMS AND CONDITIONS APPLICABLE TO THE USERS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN THE USER AND SPOTAHOME. BY ACCESSING, READING OR USING THE MATERIALS OR SERVICES ACCESSIBLE ON OR VIA THE "WEBSITE" OR OTHER WEBPAGES OR APPLICATIONS, THE USER DECLARES THAT HE/SHE ACKNOWLEDGES AND ACCEPTS THESE “TERMS AND CONDITIONS" AS BEING EQUIVALENT TO A SIGNED LEGALLY BINDING AND WRITTEN DOCUMENT.
The use of any website owned by SPOTAHOME, of the Contents, Application and/or the Services, confers the status of User and implies full and unreserved acceptance, by the User, of the applicable Terms and Conditions each time the User accesses the Contents or Application.
SPOTAHOME reserves the right to modify these Terms and Conditions at any time. Any changes made to these Terms and Conditions that may affect the rights of the User will be communicated on the Website, Application, or via email. We suggest that you frequently review these Terms and Conditions, so as to be aware of their scope and of any changes that have been made, as you are legally obliged by these conditions. By accessing the Websites or Application owned by SPOTAHOME, following the publication of notice of such changes or updated versions, you agree to comply with the new terms. The User is aware that the access and use of the Website and/or the Contents is done under his/her sole and exclusive responsibility. Some services of the Website or the SPOTAHOME Application may be subject to specific conditions that, where appropriate, replace, complete and/or modify these Terms and Conditions. The provision of the service at the request of the User, implies the express acceptance of the applicable specific terms and conditions.
The access, registration, browsing, use, storage and/or downloading of materials and/or use of the services of any Website and/or Content of SPOTAHOME by minors (under 18 years) is prohibited. The User, while accessing or using any Website and/or Content of SPOTAHOME declares to be at least 18 years of age and to hold enough legal standing to execute a legally binding agreement acknowledging as well SPOTAHOME’s right to retain any payment made in exchange for the provision of the Services, as a consequence of not complying with the present Terms and Conditions. In any case, it will be the users responsibility to verify that they hold the legal capacity to execute any agreement in conformity with the legislation where the Accommodation is located.
SPOTAHOME offers an Online Platform that connects Accommodation Owners or managers (hereinafter “Owner/s”) with Residents (as defined below), who wish to reserve such Accommodation for a lease for medium to long-term periods (hereinafter, jointly, Services). These Services can be found on https://www.spotahome.com and other websites, applications for mobile and other devices, through which SPOTAHOME offers its Services. SPOTAHOME does not offer touristic Accommodation.
SPOTAHOME is not a touristic operator nor a platform whose main purpose is to act as an intermediary to offer touristic accommodation. The platform does not qualify in any case whatsoever as tourism promotion channel.
“SPOTAHOME” means SPOTAHOME, S.L.U., a company incorporated under the Laws of Spain, with registered address at Calle Vizcaya 12, 28045 Madrid (Spain) and Tax number B87004511.
“SPOTAHOME Content” means all that which is provided by SPOTAHOME via its Platform, Application and services, including any content authorised by a third party.
“Content” means text, graphics, images, music, software, audio, video, information and any other material published on the Platform or Application.
“Platform / Website” means any of the domains owned by SPOTAHOME through which SPOTAHOME allows the Users to use or browse the Online Platform.
”Application” means any Application owned by SPOTAHOME available for mobile devices allowing Users to gain access to the services available through the Website.
“User” means any person who uses the Website or Application owned by SPOTAHOME.
“Resident” means the person requesting a reservation for the Accommodation via the Platform, Application or services and/or who is residing at an Accommodation and who is not the Owner of the same Accommodation.
“Owner” means the person or entity that has entered into an Agreement with SPOTAHOME to publish an Advertisement for the Accommodation on the Platform, in order that a Resident may make a reservation for the Accommodation via the Platform. Owners may be either individuals or legal entities, or any other entity that is the owner or manager to enter into a Lease Agreement for the Accommodation on their own behalf or for a third party for a lease for medium to long-term period. If the Owner is a legal entity, the individual making use of SPOTAHOME services accepts this Terms and Conditions on behalf of the Owner and confirms the he/she holds enough legal standing to fulfill any obligations on its behalf.
“You” means the User, Resident or Owner (as appropriate).
“Advertisement” means the publishing of the Accommodation by the SPOTAHOME staff, by Agreement between the SPOTAHOME staff and the Owner, in order that it be made available for reservation on the Platform.
“Accommodation” means the residence, flat, house, lodging or room that the Owner publishes on the SPOTAHOME Website, in order that the Resident may make an online reservation.
“Tenancy Agreement” means the Private Lease Agreement signed by the Owner (as the lessor) and by the Resident (as the lessee), to which SPOTAHOME is not party.
“Move-in Date” means the date in which the Resident indicates, at the time of making the reservation, he/she will begin occupying the Accommodation.
“Move-out Date” means the date in which the Resident indicates, at the time of making the reservation, he/she will vacate the Accommodation.
“Reservation Fee” means that which is paid by the Resident to SPOTAHOME when making a reservation for the Accommodation via the Platform or Application and after the reservation has been confirmed by the Owner. (See section on Fees; please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”)
“First Payment” means that which is transferred by the Resident when making a reservation for the Accommodation via the Platform or Application and after the reservation has been confirmed by the Owner. (See section on Fees; please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”)
“Service Fee” means a percentage of the Total Contract Value that SPOTAHOME will charge the Owner for the provided services. (See section on Fees)
“Reservation Request” means that made by the Resident to make a reservation for the Accommodation. This is done when clicking on the “Book Now" button and after completing the reservation form. Both the Reservation Request and the form are processed via email, along with all the requested information, by the Owner receiving them. Also, the Reservation Request contains the Move-in Date, the Move-out Date and the amount for the First Payment.
“Tax” or “Taxes” means the Value Added Tax (VAT) and any other applicable municipal, autonomous community or state tax.
The Platform and Application are used by the Residents to make a reservation for Accommodation arrangements that are for medium to long-term periods. Accommodation is published on the Platform or Application by the SPOTAHOME staff upon the request and approval of the Owners, through the use of the technology required for this purpose. SPOTAHOME IS NOT AN OWNER, MANAGER OR REAL ESTATE AGENT AND SPOTAHOME DOES NOT POSSESS, SELL, RESELL, FURNISH, RENT, SUBLET, MANAGE, NOR DOES IT CONTROL, THE PROPERTIES IN ANY MANNER WHATSOEVER.
SPOTAHOME’s responsibilities are limited to:
a) Providing the Platform, Application and services.
b) Once the Reservation has been accepted by the Owner, accept on the Owner’s behalf the First Payment charged by Spotahome to the Resident. This payment may be transferred to the Owner after deducting the Service Fee plus Value Added Tax (VAT). SPOTAHOME will not received any additional payments after the Reservation has been confirmed by the Owner. The Owner is solely responsible for collecting rent payments from the moment the Reservation is confirmed and the abovementioned payment has been transferred.
Note: Please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”.
All Advertisements on the Platform, Application and services are prepared and verified by SPOTAHOME.
Owner will make an appointment with the SPOTAHOME staff to take photos and to verify the main features of the Accommodation. The Owner agrees that the SPOTAHOME staff may access the Accommodation for the purpose of taking photos, drawing floor plans, taking videos or any other advertising material that SPOTAHOME requires.
Floor plans published in an Advertisement are suggestive and serve as an explanatory feature. There is no guarantee that the dimensions depicted on the floor plans are accurate. SPOTAHOME will not be responsible in any manner for any inaccuracies found on the floor plans.
The Owner undertakes to provide all the necessary information requested by SPOTAHOME, which includes, but not limited to, the Accommodation’s location, capacity, size, features and availability, including the price and all that pertaining to the payment terms.
Any modification in the monthly lease of the Accommodation, as well as any information related to the payment terms published in the Advertisement, shall always be determined at the Owner’s sole discretion. Any request to modify or amend the Advertisement shall be requested by the Owner to SPOTAHOME, who shall made them effective within a maximum of seven (7) business days since the request was made.
Furthermore, the Owner declares and accepts that all the information provided to SPOTAHOME is true, correct and updated, pledging to inform SPOTAHOME of any changes without undue delay. In relation to the above, the Owner shall provide without undue delay any kind of document requested by SPOTAHOME for the purpose of verifying ownership of the Accommodation or compliance with any other legal or contractual requirements.
Advertisements are prepared by a qualified and professional SPOTAHOME staff member and at no time by the Owner.
The Advertisements and audio-visual material are created free of charge for the Owner. The Owner will grant his/her authorisation to approve the publication for the advertisement and will accept these Terms and Conditions. Once the Advertisement is created, the Owner will have three (3) calendar days since communication by SPOTAHOME to duly notify any disagreement with its content. Otherwise, after that time, it is understood that the Owner agrees with the content of the Advertisement created and therefore accepts SPOTAHOME’s Terms and Conditions. The Owner acknowledges and accepts that once the Resident makes a reservation for the Accommodation, the price of this reservation cannot be amended.
SPOTAHOME reserves the right to discretionary evaluate the Advertisement of Accommodations and the acceptance of Reservations if there is a minor living in the property. If the Owner does not expressly reveal this fact, he/she acknowledges SPOTAHOME’s right to retain or claim any payment made in exchange for the provision of the Services, as an indemnity for breach of these Terms and Conditions.
SPOTAHOME guarantees the features of the Accommodation at the date in which they were verified by SPOTAHOME. Residents acknowledge and accept that the Accommodation that they make a reservation for had been verified on a date that was before and not the same as the date of the reservation and that the features of the Accommodation may differ from the conditions verified by SPOTAHOME at a time before the reservation. Nevertheless, the Owner shall maintain the Accommodation in a similar condition to that depicted in the advertisement. If the event that the conditions of the Accommodation differ significantly from those of the advertisement, SPOTAHOME reserves the right to withdraw the Advertisement for such Accommodation from the Platform, Application or services, notwithstanding the capacity to retain or claim from the Owner any payment made in exchange for the provision of the Services,as an indemnity for breach of these Terms and Conditions.
In the event of any discrepancies existing between the content of the Advertisement and SPOTAHOME’s Terms and Conditions, the latter shall prevail. SPOTAHOME reserves the right to deny the publication of an Advertisement which, at its sole discretion, breaches or does not comply with these Terms and Conditions or any legislation in place.
SPOTAHOME shall be entitled to refuse registration on the Platform to any User, Owner or Resident, at its discretion and without prior notice.
SPOTAHOME WILL REMAIN THE OWNER OF ALL COPYRIGHTS OR ANY OTHER INTELLECTUAL PROPERTY FOR THE AUDIOVISUAL AND ADVERTISING MATERIAL AND ONLY SPOTAHOME HOLDS THE RIGHTS FOR ITS USE. IN THE EVENT THAT THE OWNER, OR A THIRD PARTY, USES SUCH MATERIAL OWNED BY SPOTAHOME WITHOUT HAVING WRITTEN CONSENT TO DO SO, SPOTAHOME RESERVES THE RIGHT TO DEMAND THE CESSATION OF THE USE OF SUCH MATERIAL AS WELL AS TO ADDITIONALLY CLAIM THE CORRESPONDING DAMAGES AND/OR INDEMNITY AS A RESULT OF NON-COMPLIANCE WITH THIS CLAUSE.
In the event that the Owner provides any audio-visual material of the Accommodation, he/she authorizes SPOTAHOME to publish it on the Advertisement and expressly accepts the temporary assignment of its copyright or any other existing intellectual property rights over the audiovisual and advertising material generated for the publication of the Advertisement and guarantees that they do not contravene any third-party intellectual property rights, in accordance with the provisions of this clause.
The audio-visual material provided shall be exclusively of the Accommodation and shall not contain any references to personal data nor will there be any people in it. SPOTAHOME reserves the right to remove said material at any time from the Advertisement without prior notice to the Owner. The Owner is entitled to request at any time the removal and/or deletion of the provided pictures through written communication to SPOTAHOME, who shall then remove and/or delete them from the website owned by SPOTAHOME. SPOTAHOME shall not be liable for the removal of the pictures in any other third-party websites or platforms.
In any case, the Owner expressly accepts and authorizes SPOTAHOME to publish the Advertisement of the Accommodation in every website of SPOTAHOME Group. Likewise, the Owner authorizes SPOTAHOME, with the purpose of obtaining the maximum spread of the Advertisement, to its publication in third-party websites external to SPOTAHOME Group.
Where required by the applicable regulations in the place where the Accommodation is located, the Owner shall obtain a registration number assigned to the Accommodation, according to the conditions and requirements imposed by the regulation in force at any time. The registration number for the Accommodation, where appropriate, shall be published in the Advertisement and/or provided to the relevant authority that requires it, as well as any other authorization, permit or documents legally required.
The Owner shall maintain the legally required conditions of the Accommodation in order to keep the registration number updated and in force, as well as any other permit, authorization or legal requirement. SPOTAHOME shall not be liable for any claim arising from the breach of the foregoing and is entitled to claim from the Owner for any damage arising, directly or indirectly, as a consequence of the inaccuracy or incorrectness of the registration number of the Accommodation or the lack of any other regulatory requirement. The Owner undertakes to notify SPOTAHOME without undue delay of any change that affects his or her ability to offer the Accommodation for rent.
In the event the Accommodation offered the the Platform is being subleased, the Owner or sublessor, in accordance with the definitions of these Terms and Conditions, guarantees that he/she has the necessary permits and authorisations to sublease the Accommodation, in conformity with the applicable regulations, exonerating SPOTAHOME from any liability for non-compliance of any legal requirements.
Note: Please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”.
The Resident, when deciding the Accommodation that he/she desires to make a reservation for, shall provide the information requested by SPOTAHOME via SPOTAHOME’s Platform or Application, and SPOTAHOME will provide detailed information about the Fees (see section on Fees), where the Resident authorises such to be retained by SPOTAHOME, in the event that the reservation is accepted by the Owner, through the payment methods available on the Platform or Application.
Once this information is complete, the Resident will receive an automatically generated email with a summary of the reservation and its corresponding reference number. Following this, SPOTAHOME will then send a reservation request to the Owner, who will have 12 working hours to either accept or reject the reservation. In the event that, after 12 working hours, SPOTAHOME has not received a response from the Owner, SPOTAHOME will deem that the reservation request has been rejected.
When making a Reservation Request via the Platform, Application or Services, we will provide the Owner with the following:
a) Information on the Resident: age, nationality, company, university, profession, education and any other information that the Owner specifically requests.
b) A link to the SPOTAHOME webpage where the Accommodation is published.
In the event that the Owner accepts the reservation requested by the Resident, SPOTAHOME will retain the First Payment and the Reservation Fee, along with the corresponding Value Added Tax (VAT), and forward an email to both the Owner and the Resident confirming the reservation and put both the Parties in contact with each another. From this moment, the Owner will be responsible for providing all the necessary information for the Resident to access the Accommodation. (See Move-in Policy)
The Owner acknowledges that he/she is solely responsible for any Advertisement he/she approves for publication and that he/she has the full right to make available and authorise the reservation of the advertised property.
Furthermore, the Owner will ensure that after accepting a reservation, the Owner will:
a) not infringe on any Agreement entered into with a third party and
b) undertake (i) to be compliant with all laws, tax requirements and any other rule or regulation applicable to any Accommodation published in an Advertisement and (ii) to avoid any dispute arising on the basis of third-party rights.
SPOTAHOME will not assume any liability for any breach, by the Owner, of the applicable laws, rules or regulations. SPOTAHOME reserves the right, at any time and without prior notice, to remove the publication or to disable access to any Advertisement, for any reason and at its own discretion, including any Advertisement that SPOTAHOME deems to be challengeable before the courts law for any reason.
Both the Owner and the Resident acknowledge and agree that SPOTAHOME shall not, in any way, act as an insurance agent or agent of any kind on behalf of the Owner. Notwithstanding the foregoing, SPOTAHOME acts as an intermediary authorised by the Owner to exclusively accept and receive the First Payment from the Resident for the reserved Accommodation and, after deducting the Service Fee and the corresponding Value Added Tax (VAT), transfer such payment to the Owner.
SPOTAHOME shall provide the Owner with certain information on the Resident intending to make the reservation and who has provided and authorised the information for this purpose. Both the Owner and the Resident acknowledge and accept that they are responsible for their own actions and any non-disclosure of information in this regard.
While using the Platform, Application or services, you agree that any legal action or claim arising as a consequence of the acts or omissions of the Owner, Residents or third parties resulting in injury will be filed exclusively against the party in question, and you agree to hold SPOTAHOME harmless against any action Legal or claim with respect to such omissions.
SPOTAHOME advises that Owners take out the appropriate insurance for their Accommodation.
SPOTAHOME will not be responsible for the removal or theft of any object found inside or outside the leased Accommodation.
SPOTAHOME is a Platform used to make online Reservations for Accommodation and, accordingly, it does not provide any inspection service for the Accommodation, nor does it have a copy of the keys for the Accommodation.
Note: Please check if there is any specific information which applies in your territory in Clause 11 “Applicable Local Regulations”.
The minimum reservation period made via the Platform or Application is for one month (30 days), where the Owner may specify a longer minimum period.
The Owner will decide the type of Contract that will apply to the Accommodation, being able to choose among the following types: daily, fortnightly or monthly. https://www.spotahome.com/contract-types.
When the Resident makes a reservation that has been confirmed by the Owner, he/she will make a transfer to Spotahome for the First Payment and the corresponding Reservation Fee plus Value Added Tax (VAT), via the payment methods available on the Platform or Application.
The amount of the “First Payment” is calculated in the following manner:
Note: The present section shall not apply to United Kingdom territory; please, check Section “Applicable to the United Kingdom” in Clause 11 “Applicable Local Regulations” for the specific calculation of “First Payment” for United Kingdom which will be weekly and subject to a specific regime in the referred territory.
For a monthly agreement:
The First Payment will be the monthly rental price, which, and once the Resident has settled in the Accommodation, it will be transferred to the Owner as the payment corresponding to the first month’s rent.
For a daily or fortnightly agreement:
a) In the event that the reservation made by the Resident covers a full month, the First Payment will be the price for this first full month of rent, and subsequently and once the Resident has settled in Accommodation, it will be transferred to the Owner as the payment corresponding to that month.
b) In the event that the reservation does not cover a full month, the First Payment will be the sum of the Daily Price for the first 30 days of the reservation, where the Daily Price may be different when the price varies depending on the month. Subsequently, and once the Resident has settled in the Accommodation, the First Payment will be transferred to the Owner as the payment corresponding to the first 30 days of rent.
The “Reservation Fee” is a percentage of the Total Contract Value plus the Value Added Tax (VAT) charged by SPOTAHOME to the Resident for the provided services.
The “Total Contract Value” is the total price of the reservation for the rental property, which will vary according to the total duration and set price for each day for its duration.
The “Service Fee” is a percentage of the Total Contract Value that SPOTAHOME will charge the Owner for the provided services. The Service Fee and its corresponding Value Added Tax (VAT) will be deducted from the First Payment.
SPOTAHOME will only transfer the First Payment, minus the Service Fee and Value Added Tax (VAT), to the Owner 48 hours after the Move-in Date (that which is indicated on the reservation), provided that the Resident has not informed SPOTAHOME of any Significant Deficiency (see Section 7. MOVE-IN POLICY)
In any event, the Owner will be the one to determine, at his/her own discretion, the price of the Accommodation.
Discount or promotional codes will take effect only if they are used at the time of making the Reservation Request or before the reservation is confirmed by the Owner, under no circumstances will the discount be applicable at a later time.
After the Owner has approved the reservation and SPOTAHOME has sent confirmation of the reservation to both the Resident and the Owner, including the contact information for both parties, it will be the Owner's responsibility to provide any further instructions to the Resident with regards to moving into the Accommodation.
The Owner will ensure that the Accommodation reserved by the Resident is found in the expected and proper living conditions and that the features published in the Accommodation Advertisement remain the same, as well as the pricing terms
Applicable policy for when a Resident moves into the Accommodation.
The Resident, within 24 hours after the Move-in Date, may inform SPOTAHOME of all Significant Deficiencies for the Accommodation, as well as to report on the inaccuracy of the Accommodation with regards to the features indicated in the Advertisement, by sending an email to firstname.lastname@example.org, and stating the reservation number, while putting the Owner in copy and attaching the necessarily visual evidences (photos and/or videos) of the Essential Deficiencies. Once the email has been received by the SPOTAHOME staff, at its own discretion, the circumstances will be verified and assessed.
A Significant Deficiency is defined as a circumstance entailing non-liveable conditions, a health risk and/or substantial modifications that differ from the description in the Advertisement.
In the event that the SPOTAHOME staff deems that there is a significant deficiency, the Owner will be given a period of 36 hours to commence actions to resolve such deficiencies, which shall be settled within a reasonable timeframe.
In the event that the Owner does not resolve the deficiencies within a reasonable timeframe, he/she will be in breach of these Terms and Conditions, which will entitle the Resident to cancel his/her reservation, which will mean that the Owner will adhere to the Cancellation Policy for Owners (See Cancellation Policy for Owners) and SPOTAHOME will provide the Resident, at its own discretion, one of the following solutions:
SPOTAHOME staff will be responsible for looking for an Accommodation with similar features, where the Resident may accept or reject the Accommodation. This possibility will depend on whether SPOTAHOME can provide Accommodation with similar features. In the event the substitute Accommodation offered by SPOTAHOME is less than the price of the previous reservation, SPOTAHOME will pay the Resident the difference between the new price and the price of the reservation.
SPOTAHOME staff will refund the Reservation Fee plus the corresponding Value Added Tax (VAT) plus the First Payment to the Resident.
In the event that the SPOTAHOME staff considers that there is no Significant Deficiency and the Resident cancels the reservation on the basis of unfounded reasons (at SPOTAHOME's discretion), the Resident will forfeit his/her Reservation Fee plus the corresponding Value Added Tax (VAT) and the First Payment, where the First Payment will be fully transferred to the Owner.
SPOTAHOME will only transfer the First Payment, minus the Service Fee and Value Added Tax (VAT), to the Owner 48 hours after the Move-in Date (that which is indicated on the reservation), provided that the Resident has not informed SPOTAHOME of any Significant Deficiency.
Lease Agreement signed between the Resident and the Owner.
SPOTAHOME is not party to any Lease Agreement. This Agreement will be signed only by the Resident and the Owner and, accordingly, SPOTAHOME will be held harmless of all legal matters, nor will it be held liable in the event of any dispute, disagreement or claim. Any situation resulting from the aforementioned Lease Agreement shall be settled between the Resident and the Owner. Furthermore, SPOTAHOME will not be party to any negotiation regarding a bond or security deposit, required by the Owner and made by the Resident, under the Lease Agreement or in any other type of Agreement, nor will it act an intermediary for any dispute arising as a result of a bond or security deposit.
SPOTAHOME advices that both the Resident and the Owner thoroughly read the tenancy Agreement, or any other Agreement entered into, as it will be the instrument governing the relationship between both.
Article 16 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 lays down the Exceptions from the right of withdrawal “Member States shall not provide for the right of withdrawal set out in Articles 9 to 15 in respect of distance and off-premises Contracts as regards the following: a) (a) | Service Agreements after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the Contract has been fully performed by the trader.”
SPOTAHOME’s services are deemed to be fully rendered:
a) When the Resident has made a Reservation Request and when the Owner has approved such Reservation Request.
b) When the Owner has approved the Reservation Request made by the Resident.
ACCORDINGLY, THE USER UNDERSTANDS, ACCEPTS AND ACKNOWLEDGES THAT ONCE THE SERVICES HAVE BEEN FULLY RENDERED (AS DESCRIBED ABOVE) BY SPOTAHOME, HE/SHE WILL HAVE LOST HIS/HER RIGHT OF WITHDRAWAL.
In the event that the reservation had been approved by the Owner, and where the Resident and the Owner have signed a Tenancy Agreement, in any of its forms, the cancellation policies will be those included under the aforementioned Agreement, of which SPOTAHOME is not party to.
In the event that the Owner cancels the reservation before the Move-in Date or before the Owner and the Resident have signed a Tenancy Agreement, the Resident will be refunded with the Reservation Fee, along with the corresponding Value Added Tax (VAT) and First Payment. With regard to the Service Fee:
a) In the event that the Owner cancels the reservation with 31 days’ notice or longer, with regards to the Move-in Date, SPOTAHOME will not charge any Fee to the Owner.
b) If the Owner cancels the reservation with between 3 and 30 days' notice before to the Move-in Date, he/she shall pay SPOTAHOME the amount equivalent to 25% of the First Payment.
c) If the Owner cancels the reservation with less than 3 days’ notice before the Move-in Date, SPOTAHOME will charge the amount equivalent to 50% of the First Payment.
SPOTAHOME reserves the right to claim for any of the foregoing amounts in the event of it being necessary to apply any of the aforementioned penalties, where the Owner acknowledges and agrees that SPOTAHOME will send a request for payment and that he/she will be obliged to pay such amounts to SPOTAHOME.
When a Resident has made a Reservation for Accommodation and it has been approved by the Owner, SPOTAHOME will charge the Resident the Service Fee plus Value Added Tax (VAT), along with the First Payment. In the event that the Resident cancels the requested reservation before it has been approved by the Owner, no amount will be charged.
In the event that the reservation has been accepted by the Owner and the Resident cancels the reservation, the Reservation Fee and its corresponding Value Added Tax (VAT) will not be refunded by SPOTAHOME to the Resident.
There are 3 cancellation policies for Residents, at the Owner’s discretion, which will be published in the Advertisement for the Accommodation:
(In the event that the Owner does not choose any of the 3 policies, the standard cancellation policy will be the default policy).
Flexible: When the Resident cancels the reservation:
a) 3 days or less before the Move-in Date, SPOTAHOME will not refund any withheld amount after the confirmation of the reservation, where First Payment will be transferred to the Owner.
b) Between 4 and 30 days before the Move-in Date, SPOTAHOME will refund 50% of the First Payment to the Resident and the remaining 50% will be transferred to the Owner.
c) 31 days or more before the Move-in Date, SPOTAHOME will refund the Resident for 100% of the First Payment.
Standard: When the Resident cancels the reservation:
a) 30 days or less before the Move-in Date, SPOTAHOME will not refund the Resident for any amount and will transfer the First Payment to the Owner.
b) Between 31 and 60 days before the Move-in Date, SPOTAHOME will refund the Resident for 50% of the First Payment and the remaining 50% will be transferred to the Owner.
c) 61 days or more before the Move-in Date, SPOTAHOME will refund the Resident for 100% of the First Payment.
Strict: For whatever reason, in the event that a Resident cancels a reservation that has been confirmed by the Owner, SPOTAHOME will not refund the Resident for any amount and the First Payment will be transferred to the Owner.
When the Resident intends to cancel or modify a reservation.
In the event that a Resident has notified, through any means, SPOTAHOME his/her intention to cancel or modify a reservation, SPOTAHOME staff, will send an email granting a 24 hour period to confirm the intention to cancel or modify the reservation. In the event that the Resident does not reply to the email within the aforementioned period, it will be deemed that he/she has cancelled the reservation and the aforementioned Cancellation Policies will apply.
Applicable policy for a Resident who has requested a reservation and has not yet been able to pay for the reservation.
In the event that SPOTAHOME has charged the Resident for the reservation and that, for any reason, it is not possible to withhold the full amount to cover the reservation for the Accommodation, for reasons beyond the control of SPOTAHOME, a payment request will be sent to the Resident to settle the remaining amount within the following 24 hours and should the Resident not settle this payment in full, SPOTAHOME will charge an amount equivalent to the Reservation Fee plus Value Added Tax (VAT) and will proceed to cancel the reservation for the Accommodation, where, under no circumstance, will the Resident receive a refund for this charge, nor will the Owner be transferred any amount.
Aside from the foregoing charge, the following charges will also apply to the Resident:
a) In the event that the payment has not been made in full within 31 days prior to the Move-in Date for the Accommodation, only the amount equivalent to the Reservation Fee plus Value Added Tax will be charged.
b) In the event that the payment has not been made in full between 4 and 30 days prior to the Move-in Date for the Accommodation, an amount equivalent to 50% of the First Payment will be charged.
c) In the event that the payment has not been made in full 3 days prior to the Move-in Date for the Accommodation, an amount equivalent to the First Payment will be charged.
SPOTAHOME reserves the right to claim any of the foregoing amounts in the event that it has not withheld the payment, where the Resident acknowledges and agrees that SPOTAHOME will send a request for payment and that he/she will be obliged to settle such amounts with SPOTAHOME.
Note: In the event of conflict between the present Clause 11 “Applicable Local Regulations” and any other clause of the present Terms and Conditions, the provisions contained herein (Clause 11) shall prevail.
APPLICABLE TO THE UNITED KINGDOM:
As of next June 1st, 2019, “First payment” or “Holding Deposit” is one week’s rent calculated over the annualised amount of the rent payable in respect of the tenancy divided by 52. The First Payment will be considered as “Holding Deposit “ according to the applicable regulation in the United Kingdom.
The Owner acknowledges that it is the Owner’s legal responsibility to ensure that the Resident is legally allowed to rent and/or occupy the property, whether the Owner’s name appears in the Lease Agreement or not.
The Owner shall verify and retain the necessary documents legally granting the Resident the right to rent in the United Kingdom. In the event that the Resident is not permitted to rent in the United Kingdom, the Owner may be fined by the public authorities for approving the tenancy.
Both the Owner and the Resident acknowledge that SPOTAHOME will neither be held liable for verifying the Resident’s documentation, nor for the outcome of such verification and any consequences where the Owner has not conducted such regulated checks. For more information visit: https://www.gov.uk/check-tenant-right-to-rent-documents.
As an Owner, you agree and warrant that you comply with the below conditions when listing a property on the Platform and that you are legally entitled to offer the property for rental and will not incur in any breach of any applicable law, agreement or contract when you list your property (this includes the terms of contract with third parties regarding the property such as mortgage on the property, insurance, fire regulations, gas and electrical safety).
As an Owner, you agree and warrant that:
As an Owner, you are fully responsible for ensuring that the property meets the legal requirements under any relevant legislation, including but not limited to the requirements outlined in this section.
As an Owner, you acknowledge and accept (i) the legal limitations in relation to the Holding Deposit and the tenancy deposit and (ii) your legal duty to protect any tenancy deposit under the relevant protection scheme and to provide, at the Resident's request, information about it.
As an Owner, you acknowledge that it is your responsibility to ensure that you comply with all applicable regulations.
Reservation Fee does not apply to the United Kingdom market according to the applicable regulation.
As a Resident, you expressly accept and agree to the following:
In the event that you cancel a Reservation Request after acceptance by the Owner, SPOTAHOME shall charge the full First Payment as a penalty fee, and SPOTAHOME shall transfer the penalty fee in full to the Owner.
Both the Owner and the Resident acknowledge that SPOTAHOME will neither be held liable for verifying the Resident’s documentation, nor for the outcome of such verification and any consequences where the Owner has not conducted such regulated checks. For more information visit: https://www.gov.uk/check-tenant-right-to-rent-documents. Transparency and Consumers' protection -
SPOTAHOME is committed to provide a professional service to all our users. Do help us get better. Get in touch with our team to provide feedback. This will help us improve our service. Please contact us at email@example.com
SPOTAHOME is a member of:
Both are accredited providers under the relevant schemes and legislation.
The Owner and the Resident acknowledge that in no case SPOTAHOME will be held liable for any breach by them of the applicable regulation and/or the terms and conditions enclosed and/or in relation to the tenancy of which SPOTAHOME is not party to, unless explicitly stated herein.
The Owner and the Resident acknowledge that it is their responsibility to know, at any time, any legal obligations applicable to them. In the event of any conflict between these Terms & Conditions and the Local Laws, the Law shall prevail.
APPLICABLE TO FRANCE:
SPOTAHOME provides the following details for informative purposes. Under no circumstances these are intended to constitute legal advice of any kind, being the Owner entirely responsible for obtaining the necessary information related to the regulation applicable to the Accommodation. Should any of the involved parties have any doubts or require additional information, SPOTAHOME strongly encourages contacting the competent authorities of the municipality in which the property is located or a legal professional to obtain relevant and appropriate legal advice.
In France, Accommodation available for rent, whether it be rented as an entire property or separately (by rooms), can be categorised as main or secondary residence,both being subject to different requirements in accordance with the applicable legislation:
The primary residence is the one in which the Owner resides for at least eight months (8) within the year, unless there are professional obligations, health reasons or reasons of force majeure, any of them set forth in the applicable regulation, impeding such duration of the stay. On the other hand, the secondary residence is the one in which the Owner does not normally reside and therefore, it does not act as main residence.
By its nature, the secondary residence can be leased for the following purposes: (i) for housing purposes to the Resident; (ii) on a temporary basis, including the so called ‘bail mobilité’ or, (iii) for vacational purposes, through the so called ‘furnished accommodation for touristic purposes’ (SPOTAHOME does not offer Properties for rent under '‘furnished accommodation for touristic purposes’):
These three (3) referred types of lease include the following conditions:
1. The lease of a furnished Accommodation for housing purposes is the classical form of lease or “Bail Classique” being its duration term no shorter than one (1) year, or nine (9) months in case of students. It is regulated by the Law of 6 July 1989. It must qualify as the Resident’s main residence in sense of article 2 of the Law.
2. Temporary lease or ‘Bail mobilité’, regulated as well by the Law of 6 July 1989, is a type of furnished lease provided to a Tenant that must justify with enough evidence, at the moment of execution of the lease agreement, to be undertaking: professional training, higher education studies, apprenticeship or traineeship agreement, taking part in a period of voluntary service as part of a civic service within the meaning of Article 120-1 of the National Service Code, or being in a state of secondment or temporary project within the framework of a professional activity; this is a closed list as it has been specifically set forth in the applicable regulation. Under this type of lease, the Accommodation must not qualify as the Resident’s main residence as stated in article 2 of the abovementioned Law of 6 July 1989.
3. Seasonal or touristic lease falls into the category of ‘furnished accommodation for touristic purposes’ (‘aimed at temporary clients, without it qualifying as a main residence, whose stay is characterised by daily, weekly or monthly rental’) in accordance with Article L324-1-1 of the French Tourism Code.
In order to rent accommodation in this modality, a series of administrative procedures must be carried out, among others, the prior declaration or registration, in accordance with the indicated Article L324-1-1, with a consequent publication of the registration number (13 digits) in the advertisement of the property as stipulated in articles L631-7 and the following Articles of the French Code of Construction and Housing..
SPOTAHOME does not offer or list Accommodations for rent under ‘furnished accommodation for touristic purposes’ at any moment; SPOTAHOME only offers through its Platform Accommodations to be leased under the classical lease and ‘bail mobilité’.
The Owner is solely responsible for requesting from the Resident the required documents in order to comply with all legal requirements in order to execute any of the above-mentioned categories of lease for the Accommodation offered through the Platform, as well as being able to provide enough proof before any public authority that might require it. Additionally, the Owner shall provide any documents requested by SPOTAHOME at any time in order to verify compliance with the applicable legislation. In any case, the Owner is solely liable for complying with all established legal requirements with regards to the possibility of requesting a security deposit from the Resident, as well as the relevant amounts or any other applicable condition, regulatory limits, obligations and conditions to return it.
According to the Law of 6 July 1989., for furnished rentals under the classic lease category (from one (1) year duration or nine (9) months in case of students), the Owner might request from the Resident up to two (2) months rent as security deposit. However, for a lease under the 'bail mobilité', category, the Owner shall not request from the Resident any amount as security deposit.
Prior to listing the Accommodation through SPOTAHOME, the Owner acknowledges and guarantees the details provided with regards to the Accommodation and further confirms the truthfulness of the information provided.
SPOTAHOME shall require from the Owner the following information:
THE COMPANY DOES NOT ASSUME ANY LIABILITIES FOR THE BREACH OF LAWS, NORMS AND REGULATIONS APPLICABLE TO THE ACCOMMODATION PROVIDER WHO IS RESPONSIBLE FOR THE VERACITY AND ACCURACY OF THE INFORMATION PROVIDED WITH RESPECT TO THE ACCOMMODATION.
SPOTAHOME reserves the right to remove the Accommodation from the Platform at any time and without prior notice, if the Company considers that the Accommodation does not comply with the applicable regulations at all times, as well as to request the information that the Company deems necessary at any given moment to verify the fulfillment of the obligations by the Owner.
The Owner undertakes to collaborate with SPOTAHOME at all times, promptly providing the information required by the platform, as it is itself, in the same way, a party regulated by the Law.
SPOTAHOME informs the Owners using the Platform that, regardless of their place of residence or establishment, they must declare all their income earned as a consequence of using SPOTAHOME’s services to the appropriate authorities, in a manner and time established for this by the relevant regulations.
To make the Owners who use SPOTAHOME’s services, aware of all of the obligations related to the competent supervisory authorities in respect of taxation, social security and penalties that may apply as a result of failure to meet these obligations, SPOTAHOME makes available to the users the following information about the requirements arising out of renting an Accommodation related to:
The Resident, as user of the Platform, undertakes to provide the Owner all required information in order to duly execute the relevant lease agreement.
According to the Law of 6 July 1989., for furnished rentals under the classic lease category (from one (1) year duration or nine (9) months in case of students), the Owner might request from the Resident up to two (2) months rent as security deposit. However, for a lease under the ‘bail mobilité’ category, the Owner shall not request from the Resident any amount as security deposit.
In relation to the above, the Resident has to be able to provide enough proof in the following cases:
For ‘bail mobilité’ category, to be undertaking:
1) professional training; 2) higher education studies; 3) apprenticeship; 4) traineeship agreement; 5) taking part in a period of voluntary service as part of a civic service within the meaning of Article 120-1 of the National Service Code; or, 6) secondment or temporary project within the framework of a professional activity.
SPOTAHOME shall not be liable at any time for not executing the lease agreement as a consequence of not providing enough information as evidence of the abovementioned situations and, in any case, SPOTAHOME does not at any time carry out its assessment or confirm its validity.
After the Tenancy Agreement, or any other Agreement entered into between the Resident and the Owner, has been signed, it is the sole responsibility of the Owner to collect rent payments from the Resident. SPOTAHOME shall not be held liable, in any manner, for the collection of rent payments or for any outstanding payment that may arise.
After 48 hours have elapsed following the Resident’s Move-in Date for the Accommodation and where SPOTAHOME has transferred the First Payment to the Owner, all legal and any other type of relationship between SPOTAHOME and the Resident and between SPOTAHOME and the Owner shall expire with regards to the reservation. SPOTAHOME shall not be held liable, for any reason, for any event arising from the subsequent relationship between the Owner and the Resident.
Once the reservation has been finalised, the corresponding simplified invoice will be sent to both the Owner and the Resident and, in the event should it be requested, a detailed invoice will be sent with a breakdown of the corresponding Value Added Tax (VAT) or any other applicable tax, depending on the country or place of the transaction.
The Resident is responsible for maintaining the Accommodation in the same condition when he/she arrived at the Accommodation. The Resident and the Owner acknowledge and accept that they are responsible for their own acts or omissions, as well as those of anyone who has been invited or granted access to the Accommodation. SPOTAHOME will not be held liable, for any event, where damage have been caused to the Accommodation, where such liability shall be resolved between Owner and Resident.
SPOTAHOME, at its sole discretion and without the need to substantiate the reasons, may restrict access to the Website, disable or cancel Advertisements, all without it being held liable and without the obligation to provide prior notice.
Owners may request that SPOTAHOME remove their own Advertisement for their Accommodation from the Platform, by writing to: firstname.lastname@example.org. Please note that if the Advertisements are removed, SPOTAHOME is not obliged to transfer the content of the Advertisements to any Owner.
Once their stay at the property has ended, residents will receive a message from Spotahome inviting them to fill out a review that will be published on our platform. The landlords, in turn, will be able to respond to said reviews. Spotahome reserves the right to not publish or to eliminate without prior warning reviews/responses that do not follow our Review Policy.
All details here https://www.spotahome.com/privacy-policies.
These Terms and Conditions shall be interpreted in accordance with Spanish law.
Any dispute arising from this Agreement will be resolved by arbitration, being final and binding, and administered by the Spanish Court of Arbitration, in accordance with its Regulations and Rules, which is entrusted with administering the arbitration procedures and the appointment of the arbitrator or arbitrators. The seat of arbitration will be Madrid.
Under certain circumstances Spotahome (the Company) will provide Guarantee to users without any need for the user to opt-in or select the coverage in any way.
SPOTAHOME RESERVES THE RIGHT TO WITHDRAW OR MODIFY THIS POLICY AT ANY TIME. We recommend you carefully read these Terms and Conditions regularly to inform yourself of any modifications.
The Guarantee is an additional service that Spotahome offers users and which will only be applied when the company deems it appropriate and provided that all the conditions in the relevant section have been met.
In the event that the Resident causes damages to the accommodation either deliberately or through negligence during their stay, provided that the damage is not due to ordinary wear and tear and that the repair costs exceed the amount of the deposit paid by the Resident, Spotahome will provide coverage up the the value of 500 Euros at the company's discretion provided that the following requirements are met:
The Owner must contact Spotahome within seven calendar days from the date the damage was caused.
Within five calendar days after notifying Spotahome of the damages, the Owner must send the required documentation to prove the damages along with a quote or receipts to carry out the repair. The required documentation is as follows:
Spotahome will always contact the Resident and any relevant third parties necessary to verify the information submitted by the Owner.
The Guarantee will exclusively cover the damaged area or object and not the labour costs, cosmetic damage, transportation or taxes (VAT). The following items are excluded from the Guarantee: art, jewelry, money or personal objects such as computers, tablets, wallets or clothes.
B) Early departure or non-payment by the Resident
In the event that the Resident vacates the accommodation before the established departure date without prior written consent of the Owner and without paying the outstanding amount to the Owner, Spotahome will have 30 days to find a new Resident.
In the event that Spotahome does not find a new Resident, Spotahome will pay the Owner the amount corresponding to the first 30 days from the date the Resident vacated the accommodation without making the due payments.
In the event that Spotahome finds a new Resident, the company will pay the Owner the amount corresponding to the days the accommodation was vacant and unpaid.
All of the above mentioned policies will only be applied providing that the following conditions have been met and the assessment will be made at the discretion of Spotahome:
The Owner must contact Spotahome within seven calendar days from the date the Resident vacates the accommodation without making the final payment prior to the established departure date.
The Owner must accept the new Resident provided by Spotahome.
The Resident has in fact vacated the accommodation and that the accommodation is available and advertised on the Spotahome site to be reserved by another Resident.
The Guarantee will not be applied in the case that the Owner advertises or offers the accommodation for rent on any other platform, classified or any other means.
Within five calendar days after notifying Spotahome of the early departure of the Resident, the Owner must send the required documentation to prove the case. The required documentation is as follows:
The Guarantee will exclusively be applied in the case that the deposit from the Resident to the Owner was insufficient to cover the amount corresponding to the price of the first 30 days rent from the date that the Resident vacates the accommodation with non-payment.
C) Waiving of the Cancellation Policy for Owners in the case of Force Majeure
In the event that the Owner cancels a reservation due to Force Majeure, Spotahome will waive the Cancellation Policy for Owners, providing that sufficient documentation has been submitted and the assessment will be made at the discretion of Spotahome.
A) Waiving of the Cancellation Policy for residents in the case of Force Majeure
In the event that the Resident cancels their reservation due to Force Majeure, Spotahome will waive the Cancellation Policy for residents and will reimburse the amount paid by the Resident to Spotahome, providing that sufficient documentation has been submitted and the assessment will be made at the discretion of Spotahome.
B) Cancellation of the reservation by the Owner within 48 hours following the arrival date
In the event that the Owner cancels the reservation within 48 hours following the arrival date in the accommodation, Spotahome will pay the Resident up to 300 Euros for accommodation at the company's discretion provided that the following requirements are met:
1) Serious injury, illness or death of the user, first or second degree relative, a minor or handicapped person where the Resident is the legal guardian or a colleague where the Resident is the primary substitution.
2) Death of a third degree relative.
3) Serious damage to the accommodation.
4) Loss of employment of the Resident.
5) Commencement of employment of the Resident in a new company in which they were not employed in the six months prior to the booking date and where the work location is in a different city to the reservation.
6) Extension of employment contract where the work location is in a different city to the reservation.
7) Mandatory transfer for employment where the work location is in a different city to the reservation.
8) Official declaration of a disaster zone in the city where the accommodation is located.
9) Unexpected visa denial for unjustified reasons which restrict the Resident from relocating to the city where the accommodation is located. The denial of a visa is expressly excluded where the user has not taken the necessary steps to obtain the visa within the the appropriate time frame and process as outlined by the relevant embassy or consulate.