Terms And Conditions

Terms And Conditions

Latest update: 21 May 2021

*Note for users, especially those located in Brussels, Belgium:

Spotahome may verify the Accommodation that is listed by a Landlord on its Website. Such verification may take the form of a physical verification of the Accommodation by Spotahome or the form of an online verification without physical presence of a Spotahome representative.

For accommodation located in Brussels, the physical verification of Accommodation is not available and verification occurs only via the online verification system.

Accommodation that has been verified by Spotahome either physically or via its online verification system is indicated by the term “verified” in the Advertisement.*

1. GENERAL

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.

SPOTAHOME reserves the right to restrict access or fully remove any User from its site for any reason whatsoever and without prior notice, moreover, in the event that it is suspected from the User to be in material breach of any term of these Terms and Conditions. This does not entitle the User to any compensation and SPOTAHOME shall not incur in any financial penalty or loss because of it. Whether the User is Owner or Resident, the above restrictions can include, without limitation, cancelling bookings and/or reservation requests, unpublishing Accommodations listed and/or disabling the User's account(s) at any time. If a booking is cancelled by SPOTAHOME according to this paragraph, neither Owner nor Resident, as parties to the present or future lease agreement shall be entitled to any kind of compensation whatsoever and none of the cancellation policies or guarantees included herein shall be applicable.

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 for Owners or managers (hereinafter "Owner/s" ) to list their properties and for 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 onhttps://www.spotahome.comand 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. The platform does not qualify in any case whatsoever as tourism promotion channel.

2. KEY TERMS

" 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 a listing of the Accommodation on the Platform by the Owner, in order that it be made available for reservation on the Platform.

" Accommodation" means the residence, flat, house, lodging or room included in the Advertisement that the Owner publishes on the Platform, 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" )

Note: The "First Payment" corresponds to one (1) month's rent for all cities in Spotahome except London where the initial payment will be equivalent to one (1) week's rent calculated on the basis of the amount of annualized rent payable divided by 52.

" 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.

3. USE OF THE PLATFORM, APPLICATION AND SERVICE

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 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, hold 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) subject to the terms and conditions of these terms and conditions. SPOTAHOME will not receive 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.

4. ACCOMMODATION LISTING

_ Note: _ Please check if there is any specific information which applies in your territory in Clause 11 "Applicable Local Regulations".

*Spotahome may verify the Accommodation that is listed by a Landlord on its Website. Such verification may take the form of a physical verification of the Accommodation by Spotahome or the form of an online verification without physical presence of a Spotahome representative.

For accommodation located in Brussels, the physical verification of Accommodation is not available and verification occurs only via the online verification system.

Accommodation that has been verified by Spotahome either physically or via its online verification system is indicated by the term “verified” in the Advertisement.*

The Owner shall provide all the necessary information to create his/her listing or advertisment on the Platform, 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. All information relating to the Accomodation including the payment terms published in the Advertisement, shall always be determined by the Owner and at his sole discretion.

The Owner undertakes to update the information pertaining to his listing on the Platform if any of the information in relation thereto changes using the tools made available to the owner on the Platform.

Furthermore, the Owner declares and accepts that all the information provided on the Platform is true, correct and updated. 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.

. 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.

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, including SPOTAHOME's Non Discrimination Policy 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.

Audio-visual material of the Accommodation provided by the Owner will be published in the Advertisement and the Owner 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 remove and/or delete the provided pictures through the tools avaialble to it on the Platform. SPOTAHOME shall not be liable for the removal of the pictures in any other third-party websites or platforms.

By publishing the Advertisement on the Platform the Owner expressly acknowledges and agrees that the Advertisement will be included on every internet domain belonging to the SPOTAHOME Group and that it may also be featured, in order to maximize the spread of the Advertisement, on third-party websites external to the 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 be fully liable for ensuring that it complies with all applicable rules and regulation in connection with the Accomation and the Advertisement and it shall in particular maintain the legally required conditions of the Accommodation in order to keep the registration number updated and in force, as well as complying with any other permit, authorization or legal requirements. 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 breach 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.

5. RESERVATION PROCEDURE

_ 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, the system will automatically 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, the booking request will automatically expire and the reservation request will be deemed to have 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 in his/her listing.
  • 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, the First Payment and the Reservation Fee, along with the corresponding Value Added Tax (VAT) will be charged from the Resident's bank card and confirmation email will be automatically issued for both the Owner and the Resident confirming the reservation and put both the Parties in contact with each other.

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.

As per our Move-in policy, the First Payment from the Resident for the reserved Accommodation, after deducting the Service Fee and the corresponding Value Added Tax (VAT), will be held by Spotahome and released to the Owner only in accordance with these terms and conditions.

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 have a copy of the keys for the Accommodation or Access to it.

6. FEES

_ 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), except where the Owner or the Law may specify a longer minimum period (i.e., Brussels and Berlin have a minimum stay of 3 months)

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 "Reservation Fee" is (i) a percentage of the Total Contract Value plus the Value Added Tax (VAT) or (ii) a fixed price plus de 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 Codes

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. Discount codes will be made only in the Reservation Fee; said fee could be reduced until 0 euros/other applicable currency but will never result in a payment for the Resident.

Mandatory Debit Mandate for UK Owners

This clause will apply only for users, Owners or Residents, located in the United Kingdom.

In order to use Spotahome Service and platform, Owners located in the United Kingdom must create a direct debit mandate via our partner (a third party payment provider) GoCardless (hereinafter “GoCardless”) This process is mandatory for all our Owners and is not optional. Otherwise, the service will not be rendered by Spotahome.

A direct debit mandate consists of a payment authorisation for Spotahome to debit directly the relevant fees (Service Fee) to your bank account.

Payment timings

In terms of payment timings, the Owner will be able to choose among the following 2 plans:

  • The first payment as a lump sum payment plan: The full amount shall be processed within the following month after the contract start date.

  • The monthly instalment payment plan: the number of direct debits which shall be calculated by determining the number of days between the start and the end of the booking, dividing this by 30.416 and rounding to the nearest whole number. The first payment shall be processed within the following month after the contract start date.

You can find examples of both sets of plans in our Help Center

Early Move-Outs/Cancellation

If any cancellations or early move-outs occur on bookings in either payment plan, please contact us and we can adjust the monthly outstanding balance accordingly.

Please note, in the event that an early move-out occurs, if the Resident has stayed 15 days or more in the property for that contracted month, Spotahome shall charge the Owner the corresponding pending fee for that month. No pending fee will be charged, if the Resident stays for less than 15 days of the contracted month. (Note: this will only be applicable in the UK).

In any case, all pending fees must be paid in full. If there are any unpaid pending fee or penalty amounts for a specific Landlord any adjustments will be null and void i.e. will not be taken into account.

Invoicing

Each month the Owner will receive a pro forma invoice for that month's pending fee payment and the breakdown of the data relating to their live / new booking(s), 4 to 8 days prior to the direct debit being processed. Once settled, you will then receive a final invoice for that month. (Note for UK VAT registered Owners: VAT Exemption will only apply to bookings that were confirmed prior to the United Kingdom leaving the European Union i.e. 01/01/2021).

Right to withhold pending amounts

Spotahome has the right to withhold and keep any amount to transfer Owners for existing and/or future bookings in order to reduce and/or settle any outstanding pending fees owed by said Owner to Spotahome from other bookings, i.e. in the event that the first week’s rent paid by the Resident is greater than Spotahome’s Service Fee (Owner’s fee) the difference, that is, once deducted the Service Fee shall be transferred to the Owner after 48 hours after the Resident has moved-in successfully as per our Terms & Conditions.

Spotahome has the right to carry out the following action due to a breach of our Terms & Conditions when non-payment of pending fees occur.

Actions regarding Landlords.

  • Unpublish all the Owner’s properties.
  • Disable, on a temporary or permanent basis, the Owner’s Spotahome account.
  • Collect all monies owed with regards the pending Service Fee over all the Owner’s lifetime bookings with Spotahome, not just from the month of the mandate/consent with our third party payment provider GoCardless was set-up.
  • Raise county court judgements against the Owner or their business so that a court can formally decide does the Owner owe the money. Records of judgments are kept for 6 years unless the full pending amount is satisfied within a calendar month.
  • Involve third party debt collection services to recovering past / current due debts owed to Spotahome.
  • Any additional legal fees and / or debt recovery costs that Spotahome incur will be added onto your debt.
  • Debt collectors and recovery service vendors normally charge fees for their service which again will be added onto your debt.
  • Spotahome reserves the right to withhold any future payments / refunds / guarantees.

Spotahome might seek legal actions against any unfulfilling party, individual or entity, including its directors and/or shareholders which, if applicable, will be held personally liable for the amounts.

Actions regarding Tenants.

  • Cancel all the Resident’s live / future booking’s properties.
  • Disable, on a temporary or permanent basis, the Resident’s Spotahome account.
  • Raise court judgements against the Resident or their business so that a court can formally decide does the Resident owe the money.
  • Involve third party debt collection services to recovering past / current due debts owed to Spotahome.
  • Any additional legal fees and / or debt recovery costs that Spotahome incur will be added onto your debt.
  • Debt collectors and recovery service vendors normally charge fees for their service which again will be added onto your debt.
  • Spotahome reserves the right to withhold any future payments / refunds / guarantees.

Spotahome might seek legal actions against any unfulfilling party, individual or entity, including its directors and/or shareholders which, if applicable, will be held personally liable for the amounts

7. MOVE-IN POLICY

_ Note: _ Please check if there is any specific information which applies in your territory in Clause 11 "Applicable Local Regulations".

After the Owner has approved the reservation and the Platform 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 [email protected] , 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 SPOTAHOME , 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 SPOTAHOME 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 will show different Accommodations with similar features that are available on the Platform at that time (if any), where the Resident may accept or reject the Accommodation.. In the event the substitute Accommodation showed by SPOTAHOME is less than the price of the previous reservation, SPOTAHOME will refund the Resident the difference between the new price and the price of the reservation.
  • SPOTAHOME will refund the Reservation Fee plus the corresponding Value Added Tax (VAT) plus the First Payment to the Resident.

In the event that SPOTAHOME 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 advises 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.

8. LEGAL NOTICE REGARDING THE CANCELLATION POLICY

_ Note: _ Please check if there is any specific information which applies in your territory in Clause 11 "Applicable Local Regulations".

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.

9. CANCELLATION POLICY FOR OWNERS

_ Note: _ Please check if there is any specific information which applies in your territory in Clause 11 "Applicable Local Regulations".

Reservations impacted by changes in travel plans: Learn more here

***** The following Cancellation Policy applies to all Booking Requests sent after 15th January 2020.

*a) In the event that the Owner cancels the reservation after accepting the Booking Request and before the Move-in Date:

  • SPOTAHOME shall charge the relevant service fee to the Owner.
  • Regarding the Resident, SPOTAHOME shall refund the 1st payment to Resident in full and in no case it will be transferred to Owner. Likewise, SPOTAHOME shall refund the Reservation Fee to Resident in full

*b) In the event that the Owner cancels the reservation within the first 48 hours after the Move-in Date:

  • SPOTAHOME will charge the relevant service fee to the Owner. Additionally, Owner shall pay a penalty of 300 euros to cover emergency housing of the displaced Resident.
  • Regarding the Resident, SPOTAHOME shall refund the 1st payment to Resident in full and in no case it will be transferred to Owner. Likewise, SPOTAHOME shall refund the Reservation Fee to Resident in full

Regarding the present cancelation policies, the only applicable exceptions will be those ones based on Force Majeure (Clause 20)

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.

Likewise, for the avoidance of doubt, the Service fee shall not be refunded, in full or in part, in the event that the Resident moves out of the property before the agreed end of tenancy.

  • RESERVATIONS MADE BETWEEN OCTOBER 11TH, 2019 AND JANUARY 14TH, 2020.-

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.

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.

10. CANCELLATION POLICY FOR RESIDENTS

Travel plans impacted? Reschedule your booking for free. Visit our Help Centre for details: Learn more here

Cancelations requested by Resident after 3rd September 2020.-

**We don't charge you anything until the Owner accepts the booking, so you are free to cancel. **

Once the booking request was accepted by the Owner, please learn more about our flexible cancellation policy:

1) If the Resident cancels 60 days or more before the Move- in Date, the following terms will apply:

For Resident: - 100% refund of First Payment for the Resident. - 100% refund of Reservation Fee for the Resident. - A 50€ cancellation penalty to the Resident in concept of administration fee.

For Owner: - No refund takes place for Owner.

2) If the Resident cancels 59 to 30 days before the Move- in Date, the following terms will apply:

For Resident: - 50% refund of First Payment for the Resident. - 100% refund of Reservation Fee for the Resident. - 50€ cancellation penalty to the Resident in concept of administration fee.

For Owner: - 50% refund of First Payment for the Owner.

3) If the Resident cancels 29 days or less before the Move- in Date, the following terms will apply:

For Resident: - Loss of First Payment for the Resident. - Loss of Reservation Fee for the Resident.

For Owner: - 100% of First Payment shall be transferred to the Owner once deducted the Service Fee charged by Spotahome which will be calculated for a month only.

11.APPLICABLE LOCAL REGULATIONS

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 BELGIUM:

*Spotahome may verify the Accommodation that is listed by a Landlord on its Website. Such verification may take the form of a physical verification of the Accommodation by Spotahome or the form of an online verification without physical presence of a Spotahome representative.

For accommodation located in Brussels, the physical verification of Accommodation is not available and verification occurs only via the online verification system.

Accommodation that has been verified by Spotahome either physically or via its online verification system is indicated by the term “verified” in the Advertisement.*

APPLICABLE TO THE UNITED KINGDOM:

The First Payment will be considered as "Holding Deposit " according to the applicable regulation in the United Kingdom.

Owners -

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/who-to-check

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:

  • you will obtain the necessary consents from third parties should you require any consent in advance to offer the property for rental.
  • you will comply with any licensing requirements at all times when advertising on the Platform such as House in Multiple Occupation licence or any other specific regional requirements.
  • the property you advertise on SPOTAHOME complies with the Health and Safety requirements and appropriate insurance, where applicable.
  • you are entitled to post photos, video, and other information regarding which you have lawful authority.
  • everything you provide with the property is safe and in working order.

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.

Residents -

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:

  1. Spotahome holds your Holding Deposit for up to 2 working days following your move-in date;
  2. Spotahome will transfer your Holding Deposit within 2 working days upon your move-in date to the Owner directly, from which SPOTAHOME will deduct the Landlord's Service fee;
  3. The Owner must deduct your Holding Deposit in full from the subsequent payment you owe to the Owner as part of your tenancy agreement.

Default Cancellation policy shall apply for United Kingdom. Please check Clause 10.

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/who-to-check

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 protected]

SPOTAHOME is a member of:

  • Client Money Protect -**** https://www.clientmoneyprotect.co.uk/
  • The Property Redress Scheme -**** https://www.theprs.co.uk/

Both are accredited providers under the relevant schemes and legislation.

Liability -

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:

  • Main Residence

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.

  • Secondary 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 theLaw 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 theLaw 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 abovementionedLaw 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 withArticle 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 articlesL631-7 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' _.

Owners -

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 theLaw 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:

  • A sworn statement, in which the data provided is clearly stated; additionally, confirming that all of the legal requirements, that are mandatory according to the legislation in force to offer the Accommodation for rent, are met and, especially, that the Accommodation offered does not constitute a _ 'furnished accommodation for touristic purposes', _ in accordance with the provisions of Article L324-1-1 of the French Tourism Code and Article L631-7 as well as the following Articles of the French Construction and Housing Code.

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:

Residents -

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 theLaw 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 classic lease, stays from 9 months onwards, their condition of student;
  • 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.

12. RENT PAYMENTS

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.

13. RELEASE FROM LIABILITY

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.

14. INVOICING

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 parties agree that any amounts owed by Owners or Tenants to Spotahome can be deducted from any future amounts to be paid or transferred to them by Spotahome.

15. DAMAGE TO THE ACCOMMODATION

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.

16. TERMINATION AND CLOSING OF SPOTAHOME ACCOUNTS

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: [email protected]. Please note that if the Advertisements are removed, SPOTAHOME is not obliged to transfer the content of the Advertisements to any Owner.

17. PRIVACY POLICY

All details herehttps://www.spotahome.com/privacy-policies.

18. APPLICABLE LEGISLATION AND CONFLICT RESOLUTION

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.

19. SPOTAHOME OWNER WARRANTIES

PLEASE READ THE TERMS AND CONDITIONS OF THIS WARRANTY SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS AN OWNER. THESE TERMS AND CONDITIONS CONTAIN VARIOUS LIMITATIONS AND EXCLUSIONS THAT DEFINE SPOTAHOME'S LIABILITY IN CONNECTION WITH THE PROTECTION OF THIS WARRANTY SERVICE.

Spotahome will in certain circumstances make available to Owners a Guarantee (the "Guarantee") without additional request or contract from the Owner.

This Guarantee supersedes and revokes any prior oral or written agreement that you, as an Owner, have entered into with Spotahome in relation to the "Spotahome Guarantee for Owners". For matters not expressly included in this Guarantee, the provisions of Spotahome's Terms and Conditions shall apply.

In the event of breach of the provisions set out herein, you will not be entitled, as the Owner, to claim any amount from Spotahome as payment for Guaranteed Losses (in accordance with the definition below).

As Owner you agree and acknowledge that the Guarantee does not constitute, in any case, an insurance, insurance contract, insurance offer or similar product, and that Spotahome is not an entity registered or authorised to operate as an insurance entity. Furthermore, this document containing the conditions applicable to this Guarantee service does not constitute any type of insurance service, nor does it represent an insurance policy.

Spotahome offers various types of Guarantees to the Owners, depending on the Service Plan contracted, distinguishing on the one hand, the Standard Plan and, on the other hand, the Premium Plan. Economic Coverage applicable to Owners of the Standard Plan

Guaranteed Assumptions

DAMAGES

In the event of any damage occurring to any Accommodation as a result of the guilty or negligent and direct use of the Inhabitant during the duration of the booking, provided that it is not due to its ordinary use and the deposit deposited by the Inhabitant with the Owner is not sufficient to cover the damage, Spotahome will cover the cost of the same up to the amount of 500 euros provided that the following requirements are met, which Spotahome will assess at its discretion:

1.1 The Owner must contact Spotahome within 7 calendar days from the time the damage occurs.

2.2 The Owner must send, within 5 calendar days from the time at which the damage was reported, the relevant documentation to prove the damage, as well as the value of the damage or its repair. The documentation to be provided shall be as follows:

1 - Visual evidence of the damage caused by the Inhabitant;

2 - Copy of the Rental Contract signed by the Parties;

3 - Copy of the receipt proving that the security deposit constituted by the Inhabitant has been presented and/or deposited, if applicable, with the public or private body designated for this purpose.

Spotahome will always contact the Inhabitant and any third party necessary for the verification of the information provided by the Owner.

The Economic Coverage will only cover the damaged area or object, never the labour, aesthetic damage, transport or Value Added Tax (VAT). The following items are excluded from the Economy Cover: art, jewellery, money or personal items such as computers, tablets, wallets and clothing.


Non-application of the Cancellation Policy for Owners in cases of Force Majeure

In the event that the Owner cancels a booking due to Force Majeure in accordance with these Terms and Conditions, Spotahome will not apply the Owner Cancellation Policy. This is subject to the provision of sufficient documentary evidence which Spotahome will assess at its discretion.

Financial Coverage applicable to Premium Service Plan Owners

I. General

The Spotahome Guarantee (the "Guarantee") is for the sole purpose of providing a protection service to Owners who advertise or wish to advertise their Accommodation through Spotahome and who meet the following conditions:

(i) Owners whose Accommodation has been verified by our Homecheckers (as defined below); and,

(ii) Owners who have been qualified as "Spotahome Premium" Owners.

Spotahome offers you this guarantee to compensate you for the economic damage you may suffer as a result of the occurrence of any of the Guaranteed Assumptions set out below. As an Owner, you should also note that this Guarantee shall apply:

(i) subject to the limitations, exclusions and particular conditions set out herein;

(ii) with the exception of your breach of any of Spotahome's Terms and Conditions of Use.

II. Warranted Events

NON-PAYMENT BY THE INHABITANT

What is it: This event refers to the non-payment of the Monthly Rent according to the terms contained in the Rental Contract.

In the event that the Inhabitant fails to fulfil his obligation to pay the monthly rent for any reason not attributable to the Property or the Owner while remaining in the Accommodation, Spotahome will pay the Owner an amount equivalent to the Monthly Rent corresponding to the months unpaid by the Inhabitant during the duration of the Rental Contract and with the limits indicated below.

What amounts does Spotahome guarantee?: In this case, Spotahome guarantees the monthly rent up to a maximum amount of:

(i) SEVEN HUNDRED (700 €) EUROS per month for the rooms;

(ii) ONE THOUSAND TWO HUNDRED (1,200 €) EUROS per month for studios; and,

(iii) TWO THOUSAND (2.000 €) EUROS per month for flats.

In any case, the number of months to be paid, if applicable, by Spotahome will not exceed the number of months indicated in the reservation or booking.

What are the conditions: As an Owner, you must take into account that:

(i) The duration of the Rental Agreement cannot be longer than the duration indicated in the booking made through the Spotahome Platform. Should this occur, Spotahome will only pay you the amount equivalent to the unpaid Monthly Rent for as long as the Inhabitant remains in the Property (with the aforementioned limit of the duration indicated in the reservation) or until the termination of the rental contract, whichever event occurs first.

In no event will Spotahome cover the rents that may accrue during the time that the Inhabitant remains in the Property after the end of the Rental Agreement formalised through Spotahome.

(ii) As the Owner, you must demonstrate that you have initiated the corresponding legal actions for the abandonment by the Inhabitant of the Accommodation. From Spotahome, we consider this to be the case if:

- within the first (1) month from the non-compliance of the Inhabitant, you have sent a notification to the Inhabitant by means of a certified communication (Burofax in Spain), urging him/her to pay the outstanding amounts as well as to abandon the Accommodation; and,

- after two (2) months have elapsed since the non-payment by the Guest, as Owner, you have accredited the commencement of eviction proceedings before the competent courts (by filing the corresponding lawsuit), in accordance with current legislation, in order to recover possession of the Accommodation and, if applicable, to recover the unpaid amounts.

(iii) If the Inhabitant is evicted or voluntarily leaves the Property and the termination date of the Rental Agreement has not taken place, the Early Departure Policy of the Accommodation will apply, in accordance with the provisions of the SpotahomeStandard Homeowner Guarantee contained in our Terms and Conditions.

(iv) Under no circumstances will rentals for which the Monthly Rent was paid in cash by the Tenant to the Owner be covered by this Guarantee.

What deadlines do I have to take into account: In order for non-payment by the Tenant to be considered as such:

(i) the Tenant must have been more than fifteen (15) days late or overdue since the due date of the payment obligation (i.e. 15 days must have elapsed since the day on which your tenant should have paid the rent); and,

(ii) as an Owner, you must inform Spotahome as soon as possible, and in any case within thirty (30) calendar days from the due date of the last payment obligation (i.e. from the day on which your tenant should have paid the rent).

What documents will I need: As an Owner you will need to provide Spotahome with the following documents in order to be able to claim the Non-Payment by the Tenant under this Guarantee:


1 - Copy of the last two (2) payment receipts of the Inhabitant (e.g. statement issued by your bank);

2 - Copy of the Digital Rental Contract signed by the parties and signed electronically through the platform provided by Spotahome for this purpose;

3 - Copy of the receipt accrediting that the deposit constituted by the Inhabitant has been presented and/or deposited, if applicable, with the public or private body designated for this purpose (for example, IVIMA in Madrid, INCASOL in Barcelona);

4 - Copy of the home insurance policy, if any;

5 - Copy of the certified notification (Burofax) sent to the tenant, in the event that more than one (1) month has elapsed since the due date of the last payment obligation (i.e. the day on which your tenant should have paid the rent);

6 - A certified copy of the Eviction Complaint filed with the relevant Court, if there is a delay of more than two (2) months from the due date of the last payment obligation;

DAMAGES

What is it?: This includes those cases in which the Inhabitant causes material damage to the Accommodation as a result of gross negligence during their stay, provided that the damage is not due to normal wear and tear due to use.

What amounts does Spotahome guarantee?: In this case, Spotahome guarantees you up to a maximum amount of:

(i) TWO THO THOUSAND FIVE HUNDRED (2,500) EUROS per property listed on Spotahome. In the case of a "shared flat" rented by rooms, the Accommodation will be understood to be each of the rooms of the same.

Under what conditions: As an Owner, you must take into account that:

(i) This Guarantee shall only apply in the event of damage caused by an Inhabitant who has booked through Spotahome and whose rental has been subsequently formalised by means of the electronic signature of the Digital Rental Contract provided by Spotahome for this purpose.

(ii) If the Accommodation constitutes a room in a shared flat and the damage caused by the Inhabitant is in the common areas of the Property (understanding common areas as bathroom, shared living room, kitchen and/or similar rooms), this Guarantee will only apply to you in cases where all the Inhabitants of the Property (understood as the set of rooms and common areas) have formalised their respective rentals through Spotahome. Likewise, and for these purposes, you must submit a Request for Payment for each Room of the Property in relation to the Inhabitant and/or the Inhabitants who have caused the damage.

(iii) This Guarantee protects against damage caused by the Inhabitant to the Accommodation advertised on Spotahome. In no event shall damage caused in a common or shared area of the building, residential property, condominium or any other area or space to which the Accommodation belongs be included.

(iv) Spotahome reserves the right to contact the Inhabitant and any other third party as may be necessary or convenient in order to verify that the information submitted by the Owner is accurate and precise. Likewise, and at the sole discretion of Spotahome, a Homechecker or Spotahome collaborator will be sent, where appropriate, to verify in situ any damage that may have occurred to the Property.

(v) This does not include: a. damage caused deliberately or in bad faith by the Owner; b. damage to items such as: art, jewellery, coins, cash, animals or personal belongings such as computers, tablets, wallets or clothing; and, c. any other amount that is not limited to the damaged area or object.

(vi) In no event will rentals for which Monthly Rent is paid in cash by the Tenant to the Landlord be covered by this Guarantee.

What deadlines do I have to take into account? As the Owner, you must contact Spotahome within thirty (30) days of: (i) the date on which the claimed damage occurred; or (ii) the time when the Guest has left the Accommodation.

What documents will I need? As the Owner, you must provide Spotahome with the following documents within five (5) calendar days of notification of the damage (in accordance with the deadline in the previous paragraph) in order to be able to claim Damage under this Guarantee:

1 - Photographic and video proof of the damage caused by the Inhabitant, without prejudice, to the on-site visit of a Homechecker or collaborator of Spotahome, at Spotahome's discretion;

2 - Copy of the receipt certifying that the security deposit constituted by the Inhabitant has been presented and/or deposited, if applicable, with the public or private body designated for this purpose;

3 - Copy of the home insurance policy, if any;

4 - Copy of a receipt, certified document or other proof of the original purchase price of the damaged goods, the date on which they were purchased, their condition and the estimated cost of repair or replacement thereof;

5 - Estimate of the cost of repairing the damage caused or replacement in the event that repair is not possible or the cost is higher. The relevant cost assessment document must be issued by an expert appraiser;

6 - Proof of multiple requests for payment made to the Inhabitant (by any means, e.g. whatsapp, email, etc.);

7 - Proof of the last two (2) payment receipts from the Inhabitant;

8 - Copy of the Inventory signed by the parties at the beginning of the Rental Agreement.

9 - Copy of the report made to the Police in the event of damage suffered as a result of vandalism.

III. Request for Payment

How do I do it?

Without prejudice to the above, any claim or financial request under this Guarantee must in any case be made using the Payment Request form which, as the Owner, you must send completed together with the corresponding supporting documentation to [[email protected]]([email protected])
How long will it take to process my Payment Request?

Spotahome will make every reasonable effort to complete the process of the Payment Request submitted in the shortest possible time, with a maximum period of thirty (30) days from the time you, as the Owner, submit all the relevant documents to us.

Subsequently, once your Application has been approved, Spotahome will proceed to pay the approved amounts within a maximum period of thirty (30) days from the aforementioned approval.
What other conditions should I take into account in relation to the Payment Request?

The Payment Request may be approved in whole or in part, according to the analysis of the Guaranteed Assumption carried out by Spotahome's agents.

In relation to the above, any amount approved by Spotahome for Guaranteed Losses will be paid into the bank account provided to Spotahome at the time of your registration as an Owner on the Platform. As an Owner, you acknowledge and accept that such payment shall be deemed to have been paid for the purposes of the approved Payment Request, being for these purposes dischargeable by Spotahome and waiving any other claim based on this Spotahome Guarantee.

IV. Other Provisions

What do we expect from you as an Owner of Spotahome:

As an Owner, you acknowledge and agree to use your best efforts to contact the Inhabitant as soon as possible, once you become aware that one of the Warranted Events has occurred. Spotahome reserves the right to request any additional information to verify that the aforementioned mediation with the Inhabitant has been attempted.

Likewise, you must at all times cooperate with Spotahome, providing the documentation requested and responding in a timely manner to any reasonable request for additional information or documentation requested by Spotahome or its representatives, in order to properly process your Payment Request, to verify that you have the necessary permits to rent the Accommodation or comply with any other legal requirement contained in the General Terms and Conditions of Spotahome, in relation to the same.

In the event that Spotahome approves your Payment Request, as Owner, you expressly agree to assign to Spotahome any rights and/or compensation that you may receive from the relevant court, from the Inhabitant, from any guarantor or other party that may be considered financially liable, in order to recover the amount that you have received from Spotahome in relation to the Guaranteed Assumptions. All these amounts will be taken into account when assessing the approval of the amount claimed in your Application for Payment and therefore, as Owner, you undertake to inform the same and this constitutes an essential obligation.

As an Owner, you acknowledge and agree that the amount, if any, you receive from Spotahome in respect of Guaranteed Losses will be reduced proportionately if there is any other amount collected and/or pending collection other than this Guarantee, including without limitation: (i) any amount received under an insurance policy, guarantee or indemnity; (ii) any amount paid directly by the Inhabitant, any person on their behalf or by an insurer or guarantor thereof; (iii) the deposit or bond you have retained from the Inhabitant, as well as any existing bank guarantee or similar security provided by the Inhabitant or any other person on their behalf. As the Owner, you agree and undertake to inform Spotahome of any such amounts. Any failure to inform Spotahome of such amounts will result in the termination of this Guarantee.

Spotahome will not accept any Payment Request that does not follow the channels expressly indicated in this Guarantee. As an Owner, you will lose the right to claim any amount for Guaranteed Losses.

The Guarantee shall be interpreted in accordance with Spotahome's Terms and Conditions. In the event of any conflict between the provisions herein and Spotahome's Terms and Conditions, Spotahome's Terms and Conditions shall always prevail.

Spotahome reserves the right to modify or terminate this Guarantee at any time at its sole discretion. Upon termination, Spotahome will notify you by email at least thirty (30) days prior to such termination. Spotahome will continue to process all outstanding Payment Requests submitted prior to the effective date of modification or termination and all ongoing Rental Agreements under this Guarantee will be subject to its application.

The Owner shall not assign this Guarantee, by operation of law or otherwise, without the prior written consent of Spotahome. Any attempted assignment or transfer of this Warranty without such consent shall be null and void. Spotahome reserves the right to assign or transfer the Warranty at its sole discretion and without restriction.

If for any reason, any provision of this Warranty is held by a court of competent jurisdiction to be null and void, the nullity of this Warranty shall not affect the remainder of this Warranty, which shall remain in full force and effect.
  1. REASONS FOR FORCE MAJEURE

*Serious injury, illness or death of the user, a first degree relative or, the minor or handicapped person where the Resident is the legal guardian.

*Serious damage to the accommodation.

*Any other cases that arise suddenly and unexpectedly, considered as circumstances out of any of the party's control. Included in this category are all those situations that, under the conditions set out in this clause, prevent the Owner from offering the Accommodation for rent and/or the Resident from arriving at the reserved Accommodation on the scheduled check-in date.

As an example, these circumstances may include, without limitation, natural disasters, terrorism, security threats at the location of the Accommodation, epidemics and/or outbreaks of a disease, travel restrictions as a result of any of the abovementioned circumstances, among others, the extent of which affects the Owner and/or the Resident as set out in the paragraph below.

Any of these circumstances shall specifically and individually be assessed by SPOTAHOME's Agents. In the event that either Owner and/or Resident falls under any of these situations, SPOTAHOME reserves the right (i) to request from the affected parties any relevant documentation as deemed necessary on a case by case basis by the SPOTAHOME team and/or (ii) where appropriate, to directly authorize the cancellation of the reservation by the affected party without penalty.

Any decision regarding the situations included herein shall always be based on official communications from the relevant authorities provided at any given time.

Note on coronavirus (COVID-19) outbreak: If you are an Owner or a Resident impacted by the coronavirus outbreak you can reschedule your Reservation without any additional cost. Please visit ourHelp Centre for more details.