Terms And Conditions

Latest update: June 09, 2023

*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 de Piamonte, 23, 28004, 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.

By signing up and listing your property(s) you are declaring you either own the property or have the legal right to let it.

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 Owner will be solely responsible against all third party claims resulting from the infringement of any third party Intellectual property rights, including all legal fees and expenses. Likewise, the Owner agrees to indemnify and hold harmless SPOTAHOME against any claims in relation to such infringements.

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.

In the event that Spotahome finds out that any of the properties listed by the Landlord is being sub-let in the Platform, Spotahome has the right to contact the current Landlord or Owner of the property in order to confirm that there is an express written permission from the Landlord or Owner to sub-let the referred property through Spotahome's Platform. Likewise, the Owner or Landlord shall provide the contact information, email and phone number, of the sub-lessor when this information is being requested by Spotahome.

The User hereby acknowledges that Spotahome is not responsible for any content written / created by the Tenant or Landlord, therefore Spotahome shall not be held liable for any actions committed by them.

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.

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. From this moment on, it is the Owner's responsibility to provide all the necessary information to the Resident for his/her entry into the Accomodation.

In the event that SPOTAHOME is being notified of a booking error by the Owner or the Resident within the first hour after the confirmation email has been issued, SPOTAHOME, based on the information provided and at its sole discretion, reserves the right to approve the cancellation of a confirmed reservation within the first 24 hours after the confirmation email has been issued. In such cases, neither Owner nor Resident shall be entitled to any kind of compensation whatsoever and none of the cancellation policies or guarantees included in SPOTAHOME’s Terms & Conditions shall be applicable. SPOTAHOME, at its sole discretion, may offer the Resident a credit for a future booking on the Reservation Fee with the corresponding Value Added Tax (VAT) equal to the value of the previously charged Reservation Fee along with the corresponding Value Added Tax (VAT) of the cancelled booking.

The Owner acknowledges that it is solely responsible for any Advertisement it approves for publication and that it has full rights to dispose of and authorize the reservation of the advertised Accomodation.

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.

Violations of T&Cs: Avoiding Spotahome Fees - Offline Bookings

The parties hereby agree that it is forbidden to circumvent the booking and payment processes, in particular SPOTAHOME's booking fees. In the event that the User suggests or leaves the Platform with another digitally connected User with the aim of not paying SPOTAHOME's fees, the aforementioned User shall pay a compensation to SPOTAHOME equivalent to the corresponding Reservation Fee or Service Fee applied to the referred booking reservation.

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.

The sections applicable to this section are listed below:

1. 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. For premium bookings, 100% of the pending will be charged at check-in.
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. For premium bookings, 50% of the pending fee will be charged at check-in and the other 50% will be collected via monthly instalments across the duration of the booking.

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

2. 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).

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

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.

4. 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).

5. 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 rental payments / fees / pending fees owed occur.

6. 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.

7.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.

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 or Minor 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 a request through the contact form on their profile or by sending an email to [email protected], and stating the reservation number, attaching the necessary visual evidences (photos and/or videos) of the Deficiencies and an explicit confirmation that the Deficiencies have been discussed with the Owner. Once the request 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. A Significant Deficiency may include, but is not limited to the following examples:

Hand-over of the wrong Accomodation;
Structural Damage to the Property (i.e. Craving / crumpling walls or ceiling, unsealable opening to the outside, flooding or fire-damage);
Polluted water supply;
Mould in bedroom, living room or kitchen;
Active large-scale infestation (bed bugs - not including other insects or arachnids- rodents).

A Minor Deficiency is defined as a circumstance in which the Resident encountered unexpected issues in or around the Accommodation, which do not constitute non-liveable conditions, a health risk or a substantial modification that differ from the description in the Advertisement. A Minor Deficiency may include, but is not limited to the following examples:

Issues in the surroundings of the Accomodation (i.e. Elevated noise levels from the street or neighbouring apartments/buildings; maintenance issues of the surrounding building, including hallway and staircase to the apartment);
Wear and Tear (i.e. Markings, minor cracks or minor holes in the wall; wear and tear of the furniture; aged but functional appliances);
Missing or Defective Equipment (i.e. Advertised furniture or appliances are not provided; defective washing machine, dish washer, vacuum cleaner, air conditioning, oven, coffee machine (if provided); missing or burnt-out light bulbs; unstable wifi (if pre-installed); temporary electricity-outage or lack of hot water.
Insufficient Cleanliness (i.e. Lack of cleaning by current flatmates; lack of cleaning after move-out of the previous tenant; residual odours in the Accomodation; minor mould in bathroom; insect infestation (not including Bed Bugs).
Previously undisclosed contract terms (i.e. Higher than advertised payments; restrictions and/or additional fees on check-in/check-out times; restricted access to common areas in the property; restrictions on overnight guests.

In the event that SPOTAHOME deems that there is a significant deficiency , it will be deemed that the Owner did not ensure that the Accommodation was in proper living conditions before the Move-In Date and he/she is in breach of these Terms and Conditions, which will entitle the Resident to cancel his/her reservation. 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 provide and pay for a temporary accommodation for up to two days or offer the Resident a maximum of 300€ in compensatory payments if provided with a corresponding invoice of a temporary accommodation booked by the Resident. 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 provide and pay for a temporary accommodation for up to two days or offer the Resident a maximum of 300€ in compensatory payments if provided with a corresponding invoice of a temporary accommodation booked by the Resident. 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 deems that there is a Minor 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 time-frame to the best of the Owner’s abilities. SPOTAHOME will assess each case individually and can offer partial or full refunds of the Reservation fee plus the corresponding Value Added Tax (VAT) at its own discretion.

In Minor Deficiency cases relating to Insufficient Cleanliness, Missing or Defective Equipment, or Previously Undisclosed Contract Terms where the Owner is not taking action to remedy these reported Minor Deficiencies within 36 hours of notification, SPOTAHOME reserves the right, based on the information provided and at its own discretion, to evaluate the magnitude of the issue and according to this evaluation offer the Resident a partial refund of the First Payment corresponding to the days not spent at the Accommodation, on condition that the Resident confirms the date of his/her vacating the Accommodation. In such cases, as the Owner fails to take action to remedy reported Minor Deficiencies, the Owner shall not be entitled to any kind of compensation whatsoever and none of the guarantees included in SPOTAHOME’s Terms & Conditions shall be applicable.

SPOTAHOME, at its sole discretion, reserves the right to withhold the payout of the First Payment to the Owner for the duration of assessment of a Minor or Significant Deficiency. SPOTAHOME, at its sole discretion, reserves the right to request access to an Accommodation, which is at the time under assessment, for a representative of SPOTAHOME to evaluate the status of the Accommodation in person. Not allowing access to the Accommodation for a representative of SPOTAHOME by the Owner or Resident may influence the final outcome of the assessment of the reported Deficiency.

For the avoidance of doubt, in the event that the Resident is leaving the Accommodation due to Minor Deficiencies, he/she is not entitled to any compensatory payments for temporary or alternative accommodation. In the event that the tenant leaves the Accommodation and cancels the reservation without providing SPOTAHOME with sufficient evidence of the reported Deficiencies, therefore not allowing SPOTAHOME to carry out their assessment, the Resident may 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 assess each case individually and process such cancellation at its own discretion only after an assessment has been finalised.

In the event that SPOTAHOME considers that there is neither a Significant Deficiency, nor Minor 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 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 or Minor Deficiency.

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

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 is a marketplace that digitally introduces tenants and landlords. Therefore, its 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.

AS EXPLAINED ABOVE, THE USER UNDERSTANDS, ACCEPTS AND ACKNOWLEDGES THAT 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".

***** 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 needs to be paid in full and shall not be refunded or reduced, in full or in part, in the event that the Resident moves out of the property before the agreed end of tenancy.

10. CANCELLATION POLICY FOR RESIDENTS

Cancelations requested by Resident until March, 1st 2022.-

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

For cancellation once the booking request was accepted by the Owner, please check 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 transfer of First Payment for the 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% transfer 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.

Note: if an acceptance letter has been issued and a User decides to cancel the Booking, our Reservation Fee will not be refunded under any circumstance. That means, no cancellation fees will be charged to the User, but we will not refund any of our fees.

If the Tenant fails to provide a valid direct debit mandate (for European Economic Area Tenants) or a credit or debit card for non-European Economic Area tenants, as required by the screening process and the terms and conditions herein, Spotahome reserves the right to cancel the booking and apply the normal tenant cancellation policies. The Tenant shall be notified of such cancellation by email and shall have no claim against Spotahome for any damages or losses arising from the cancellation

Cancellations requested by Resident for bookings made since March, 2nd 2022.-

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

For cancellation once the booking request was accepted by the Owner, please check 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. - The Reservation Fee will not be refunded in any case.

For Owner: - No transfer of First Payment for the 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. - The Reservation Fee will not be refunded in any case

For Owner: - 50% transfer 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:

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 -

As a Resident, you expressly accept and agree to the following:

Spotahome holds your Holding Deposit for up to 2 working days following your move-in date;
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;
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 see the following link: https://help.spotahome.com/hc/en-us/articles/360005538739-How-do-I-cancel-a-booking

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 www.spotahome.com/contact-us

SPOTAHOME is a member of:

The Property Redress Scheme -**** https://www.theprs.co.uk/

Being an authorised supplier in accordance with current regulations.

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.

APPLICABLE TO SPAIN

Spotahome E-Contract -

As of 26 August 2019, for the cities of Madrid, Barcelona and Valencia, SPOTAHOME makes available to users, free of charge and optionally, a Temporary Rental Contract template, the subscription of which is not obligatory for the parties to the contract, the subscription being at the discretion of the parties and with the possibility of subscribing to any other contract or agreeing any other pacts. The present template is a standard model, not adapted to any specific case or situation.

SPOTAHOME recommends that its users take prior advice on their rights and obligations with regard to any rental relationship or rental contract that they intend to sign. SPOTAHOME will not be responsible for any material errors that could be appreciated in the aforementioned template.

Likewise, SPOTAHOME will not be responsible in the case of any legislative modification that could affect the present template. Finally, SPOTAHOME declares that by means of the provision of the present template it is not providing legal advice of any type. The users who access the template exonerate SPOTAHOME from any responsibility in relation to the use of the same.

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. HOW THE VALUATIONS WORK

At the end of your rental contract in a property managed through Spotahome, the tenants will receive an e-mail from Spotahome inviting them to make a valuation which will be published on our platform. Landlords, in turn, will be able to respond to these reviews. Spotahome reserves the right to not publish or to remove, without prior notice, reviews/responses that are not in accordance with our Review Policy.

18. PRIVACY POLICY

All details here https://www.spotahome.com/privacy-policies.

These Terms and Conditions inform the User that Spotahome uses YouTube API Services. Therefore, by using our website you agree to Google's Privacy policy at https://policies.google.com/privacy and to YouTube Terms of Service at https://www.youtube.com/t/terms.

19. 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.

20. 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.

Guarantee for Owners

A) Damages

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 to the value of €500 / £500 at the company's discretion provided that the following requirements are met: What deadlines do I have to consider? As an Owner you must contact Spotahome within seven (7) days of: (i) the date on which the claimed damage occurred; or (ii) the time that the Resident has left the Accommodation. What documents do I need? As an Owner you will need to provide Spotahome within thirty (30) calendar days of notification of damage (in accordance with the time limit in the previous paragraph), with the following documents in order to claim Damage under this Guarantee:

• Photographic or video evidence of the damage caused by the Resident.

• Copy of the Rental / Lease Agreement signed by the parties.

• Copy of the Inventory signed by the parties of the Lease Agreement.

• Copy of the report made to the Police for damages suffered as a result of vandalism.

• 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. The Rental / Lease Agreement does not suffice for this required proof.

• Estimate of the costs of repair of the damage caused or replacement in the event that repair was not possible. The relevant cost assessment document should be issued by a relevant third party.

• Copy of a receipt, certified document or other proof confirming 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.

• Proof of multiple requests for payment made to the Resident (by any means, e.g. WhatsApp, email, etc.).

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 robbery, the labour costs, cleaning service costs, cosmetic damage, wear & tear, transportation or taxes (VAT). The following items are excluded from the Guarantee: art, money or personal possessions such as computers, tablets, jewellery, wallets or clothes etc..

The amount paid by Spotahome for this guarantee will always be the cost of the damages minus the security deposit up to a maximum of 500 (euros / pounds). No matter if the resident has caused other issues which require funds from the security deposit to cover. For example - early exit of the rental agreement or non-payment of rent. This damages guarantee is in excess of the security deposit up to €500 / £500 depending on which country the rental property is located.

Damages to common areas of the property will be covered by this guarantee if all the tenants in the property at the time of damage were from Spotahome or the landlord can prove that the Spotahome tenant was the resident that caused the damage.

Spotahome reserves the right to inspect any damages prior to settling the Guarantee, utilizing the services of a Homechecker or Spotahome's collaborator, at Spotahome's discretion. Additionally, Spotahome retains the right to inspect the rental property to verify its existence at the specified address provided by the landlord and to confirm the landlord's access to the property before settling any defaults, rent payments, or early exit claims. This inspection may be conducted by a Homechecker or Spotahome's collaborator, chosen at Spotahome's discretion. In the event that the landlord is subletting the property, Spotahome reserves the right to perform checks on the actual owner/entity with the legal right to let the property. Guarantee claims will only be reviewed once these checks are successfully completed.

21. REASONS FOR FORCE MAJEURE

This section refers to how cancellations are handled when unforeseen events and circumstances beyond any party controls arise after booking a reservation and make it impracticable.

Any User affected by an unforeseen event covered by this section can cancel their reservation and receive, depending on the circumstances, a refund and/ or other action at SPOTAHOME's discretion. The covered events and circumstances are listed below:

*Serious damage to the accommodation.

*Changes in government travel requirements. Unexpected changes to visa or passport requirements imposed by a governmental decision preventing the User to travel to the destination. For information purposes, this section doesn’t include lost or expired travel documents or other personal circumstances relating to the User.

*Declared emergencies and epidemics. When it is declared a local or national emergency, epidemics, pandemics, and public health emergencies. For information purposes, this does not include diseases that are endemic or commonly associated in a particular area. Government travel restrictions.

*Travel restrictions imposed by a governmental agency that prevent or prohibit traveling to, staying at, or returning from the location where the Reservation Request is done. For information purposes, this does not include non-binding travel advisories and similar government guidance.

*Military actions. Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, and civil disorder.

*Death of the user, a first-degree relative or, the minor or handicapped person when the Resident is the legal guardian.

*Natural disasters. Acts of God and other severe and abnormal weather events that may occur. For information purposes, this does not include weather or natural conditions that are common enough to be foreseeable in a particular area.

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.

Guarantee applicable to residents

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 sole discretion of Spotahome. Owner won't be entitled to any kind of compensation whatsoever and none of the cancellation policies shall be applicable if the Resident is eligible for Force Majeure Guarantee for booking cancellation.

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) Spotahome has received the accommodation invoice.

2) The accommodation is in the same city where the Resident held the booking.

Reasons for force majeure

*Serious damage to the accommodation.

*Military actions. Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, and civil disorder.

*Death of the user, a first-degree relative or, the minor or handicapped person when the Resident is the legal guardian.

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.

This section only allows for cancellations for the events and circumstances described above. Everything else is totally excluded. In an informative mode, the following situations shall not be covered:

Unexpected disease, illness, or injury.
Government obligations like jury duty, court appearances or military duties.
Travel advisories or other government guidance (that fall short of a travel ban or prohibition).
Cancellation or rescheduling of an event for which the reservation was made.
Transport disruptions like road closures, as well as flight, train, bus, and ferry cancellations.

Therefore, if a User cancels a reservation in the above-mentioned cases, the amount refunded will be determined by the cancellation policy that applies to the Reservation Request.

_Note:_The Force Majeure Guarantee covers all parties who move in, not just the User who created the Booking Request. However, Force Majeure can only be sought by users who actually intend to or have already moved into the property i.e. not a third party who books the property and does not move-in.

22. USER VERIFICATION

By agreeing to these Terms, Spotahome reserves the right to conduct checks on users for identity, residency, financial stability, credit worthiness and fraud by requesting personal identifiable data / documents, as set-out in our privacy policy. If the user is requested to verify their account, profile, booking details or rentable unit information, the user must comply with the request from Spotahome in a truthful, efficient and timely manner with the objective of passing the verification process.

If the user fails to provide the truthful personal identifiable data / documents, or refuses to complete the necessary processes, or completes the verification process in a manner to fail it on purpose (as deemed by Spotahome), Spotahome reserves the right to retain the Reservation fee paid for the booking. Spotahome may, at its discretion, cancel the booking and retain the Reservation fee in the event of non-compliance with the booking / listing requirements outlined in these Terms. The verification process must be completed within 48 hours of Spotahome starting it. If it is not, again, Spotahome has the right to retain the Reservation fee paid for the booking.

Spotahome reserves the right to conduct identity and residency checks through third party service providers on Standard bookings made through the Spotahome platform. Moreover, for bookings falling under the Premium and Plus plans, alongside these checks, tenants are required to undergo a mandatory verification process, which may require them to provide a document acting as proof of funds (i.e. bank statements, payslips)

By agreeing to these Terms, you consent to Spotahome conducting fraud checks and requiring documentation as part of the booking process as set out in our privacy policy.

If a tenant fails to provide the documentation required during the booking process or refuses to complete the necessary processes, Spotahome reserves the right to retain the Reservation fee paid for the booking. Spotahome may, at its discretion, cancel the booking and retain the Reservation fee in the event of non-compliance with the booking requirements outlined in these Terms.

DEPOSIT PROTECTION PLAN TERMS AND CONDITIONS

Why it is safer for Tenants to book via Spotahome

At Spotahome we take good care of analysing Landlords via our internal tools as well as fraud agencies and we make sure they are legit and we are confident that a booking via Spotahome makes the Tenant safer.

We are confident that if you Book through Spotahome the Landlord is going to return your deposit back, that if he does not do it, without any justified reason as explained later, we will give it back to you.

Hence, Deposit Protection Plan is a product offered by Spotahome to allow Tenants to recover their deposit in those circumstances where the landlord is not returning the deposit back to the tenant without any justified reason, whereby the Tenant would have had the right to be returned his/her deposit according to their tenancy agreement.

Selection of properties

This Deposit Protection Plan will apply only to specific Tenants and properties which have been selected by Spotahome (it will not apply to all the properties that can be found in Spotahome´s website). Your property will be marked with the label “Deposit Protection” in the listing and your booking confirmation email will also indicate that this is a booking with Deposit Protection. In case of doubt, please consult us.

Protection

Spotahome will return the deposit back to the Tenant or part of it, if the Landlord does not give it back in full, provided that the Tenant has not been involved in any of the following situations:

a. Tenant has overdue (total/partial) payments of the rent.
b. Tenant has overdue (total/partial) payments of the utility bills.
c. Tenant has caused damages to the property (apart from those expected from logical use of the property) or to the community/common areas of the property.
d. Tenant is leaving the property earlier than agreed without having given the specific notice according to the tenancy agreement.
e. Any other breach of contract by the Tenant according to the tenancy agreement signed between the Tenant and the Landlord.

When applicable, any of the reasons from a. to e., both inclusive, shall be property justified by the Landlord who shall provide Spotahome with the relevant evidence. Spotahome shall contact the Tenant to get additional information and evidence.

If the Tenant has been involved in any of the above situations, Tenants will not be able to claim the guarantee (or at least the full deposit) and hence will not be protected.

The maximum amount to be refunded, when applicable, with the Deposit Protection Plan will be one (1) month’s rent. In case the Landlord requests more than one (1) month’s rent deposit when signing the tenancy agreement,, Spotahome Deposit Protection Plan will apply for one (1) month’s rent deposit only (which is the usual deposit in our marketplace), unless specifically approved in written by Spotahome before the check-in happens.

What the Tenant needs to do as a pre- requirement to be protected.

Book all bookings and its extensions via Spotahome: If at any point the Tenant books directly offline with the Landlord the Tenant will not be protected, even if the first booking was done via Spotahome.

Property verification at check in and check out: Tenants are required to schedule a property verification with Spotahome within three (3) days from the check- in day and three (3) days before the check out date. THIS IS ESSENTIAL, NO DEPOSIT PROTECTION WILL APPLY IF TENANT HAS NOT PROVIDED THE MENTIONED TWO (2) VERIFICATIONS OF THE PROPERTY. PLEASE CHECK POINT C BELOW.

Spotahome will use this property verification to confirm the condition of the property and the Tenant’s eligibility to be refunded the deposit in the event that the Landlord does not return it alleging damages to the property.
Spotahome will explain to you how to verify the property. In case of doubt, please consult us.
Tenants will not be able to claim the protection and hence will not be refunded the deposit covered, if they have not performed both check in and check out verification with the Spotahome team at the referred dates.
Tenants need to inform Spotahome if they are going to leave earlier or to extend the contract from the agreed date in the booking at Spotahome.
According to Spotahome’s general terms and conditions Tenants and Landlords acknowledge that Spotahome will be the exclusive owner of all the material generated out of the verification process. Neither Landlord nor Tenants are authorised to use that material for a purpose different from the verification without the written authorization of Spotahome.

Proof of communications and receipts: In the event the Landlord does not return the deposit back to the Tenant, the Tenant shall provide Spotahome with all of the relevant evidence to prove:

The tenancy agreement signed between the Tenant and the Landlord for the referred dates. If the Landlord is not willing to provide a tenancy agreement contract, please consult the Spotahome team before the check in to ensure you are protected by the present Plan. THIS IS ESSENTIAL TO BE ELIGIBLE FOR THE PROTECTION.
Proof that all the required payments have been done to the Landlord, including utility bills - ideally by bank transfer or credit card records.
A proof of payment of the deposit paid to the landlord, either proof of bank transfer or by receipt in the case of a cash deposit.
That the Tenant has not left the property without respecting the notice period set forth in the tenancy agreement or applicable by law, therefore, Tenant must provide Spotahome with proof of exit notice to the Landlord according to the mentioned tenancy agreement.
Proof of a (written) communication between Landlord and Tenant where it is made clear that the Tenant disagrees with the Landlord keeping/not returning the deposit and the Landlord informing that they are not paying back the deposit.
The Tenant will have three (3) months after check - out to provide the referred information. If a Tenant has not notified Spotahome within three (3) months after check - out or does not provide the above information, the Tenant will not be protected.

Spotahome’s decision.

Spotahome will have the final right to decide whether a Tenant deposit shall be returned to the Tenant or not, based on the evidence provided by both parties (Landlord and Tenant). The Tenant and the Landlord accept the final verdict of Spotahome without the Tenant’s right to seek this matter in court. .

Spotahome will have the right to exclude any Tenant or Landlord from the Deposit Protection Plan in the event of fraud or illegal practices are detected.

Timing.

Please remember that utility expenses are calculated with the last invoice and hence the Landlord may take up to two (2) months to have the final calculation and give back the deposit. Spotahome will return the deposit to the Tenant (provided that the above mentioned conditions are fulfilled) once the Deposit Protection Plan has been requested by the Tenant to Spotahome and in a maximum of thirty (30) days after all information of evidence and further questions have been provided or ninety (90) days from the Tenant check - out. The latest of both dates.

In the case that Spotahome pays the deposit to the Tenant, Spotahome will have the right to claim the Landlord the deposit paid by Spotahome to the tenant. From that moment, any further amount paid from the Landlord to the Tenant, the Tenant will pay to Spotahome in less than ten (10) days. If Spotahome owes Landlord any amount by other concept or booking, the Landlord accepts that Spotahome might compensate Landlord’s debt with the referred amount to be paid by Spotahome.

TERMS AND CONDITIONS OF THE "PLUS" SERVICE

Spotahome SLU (“Spotahome”) is a Spanish company, domiciled in Calle Piamonte, 23, 28004, Madrid, Spain, which provides real estate services through the internet, being an online property reservation platform (“Platform”), for medium- and long-term rentals.

The sections established in this document constitute a legal relationship between the signatory and Spotahome. For informative purposes, this document is an extension of the Spotahome terms and conditions (“Terms and Conditions”) for the Owner, with respect to the “PLUS” Service.

KEY TERMS

“Owner, Client or Landlord” means the person or entity that has entered into an agreement with Spotahome to publish an advertisement for the Property on the Platform
“Tenant” means the person requesting a reservation for the Property via the Spotahome Platform.
“Guarantee” It is a product provided by a Guarantor (Either by Spotahome directly or by a third party Guaranty Entity) that it is offered to Tenants, which allows them to rent a Property without requiring a bigger advance payment or deposit. This Guarantee is provided to Tenants as it is a prerequisite by the Landlords in the Plus Service to rent their properties in Spotahome. With this guarantee, Spotahome advances the rent to the Landlord and collects the money from the Tenant. In case the Tenant defaults from their tenancy agreement obligations, the Guarantee will cover the Landlord. For informational purposes, this product cannot be considered as insurance in the legal insurance scheme, but rather as a Guarantee. It is offered to the Tenant, not to the Landlord and it does not relieve the Tenant from their obligations towards the contract. In case of Tenant defaults Spotahome or the Guarantor will take actions to get that money paid by the Tenant.
“Guarantor” It is a person or an entity that offers a Guarantee to the Tenant to enable them to rent a property when the Landlord establish that a Guarantor is a prerequisite to rent the property; It also does help the tenant not requiring to pay big advance payment to rent the property.
“Guarantee Entity” is an entity or third party that may be contracted by Spotahome, that guarantees the breaches and non-compliance by the Tenant towards the Owner.

CLAUSES

FIRST. OBJECT.

The Client hereby assigns to Spotahome the mandate to offer for rent the referred Property and Spotahome undertakes to provide the “PLUS” Service.

SECOND. "PLUS" SERVICE

The "PLUS" service includes:

Market the property for rental: Spotahome will market the owner's Property through the Spotahome platform and/or other channels, carrying out all the actions that Spotahome deems appropriate to rent the Property, including the verification of the same if required.

To this end, Spotahome will coordinate with the Landlord the rental conditions (price, conditions, booking, etc) aiming to achieve maximum occupation and profitability for the Landlord.

Guarantor or Guarantee service - provided to the Tenant.

Spotahome will validate identity and residency, other potential fraud and review the financial solvency of the selected tenants; this review may be carried out internally by Spotahome or through an external Guarantee Entity. After assessing the financial solvency of the Tenant, Spotahome (or a Guarantee entity) will formalize a Guarantee with the Tenant, the beneficiary of which will be the Owner of the rented Property. This Guarantee will cover potential non-payment of rent, damages or early exit, according to the coverage and conditions described in clause sixth.

Receive the monthly rent within the first five working days of the month

Once the Guarantee has been formalised, Spotahome will pay the Owner the monthly rent from the check in date until the check out date. Spotahome will advance the money to the Landlord, so the Landlord will receive the rent even in the cases in which the Tenant does not pay the rent, provided that the Tenant continues to stay in the Property, up to the maximum defined in clause sixth, subject to the requirements in clause third are met by the Client.

To provide this service, Spotahome will manage the monthly rent collection on behalf of the Landlord. The first month will be settled by the payment deposited by the Tenant through the Spotahome platform that he/she makes at the time of the reservation and that will be settled to the Client within forty eight (48) hours after the Tenant's check in after deducting the Spotahome marketing commission, unless any of the conditions indicated in the Spotahome Terms and Conditions is not complied with.The rest of the monthly payments should be paid on the fifth (5th) working day of the month.

For clarification purposes, it is stated that under no circumstances may Spotahome be considered the lessor or sublessee of the Properties, and shall not be liable to the Lessor, lessee or sublessee for any obligation arising from the lease or sublease agreement entered into between the Lessor, Lessees or sublessees. The Client shall hold harmless and defend Spotahome from any and all claims that arise out of the subject matter called for in the present document. This condition is essential for signing of this document.

Damages protection

The Guarantee that Spotahome will offer to the Tenant will include damage coverage for the Landlord for up to two (2) months rent, provided that the requirements contemplated in clause third are met by the Landlord.

THIRD. OBLIGATIONS OF THE CLIENT.

1. Comply with the guarantee conditions

The Client, in order to get full Guarantee’s coverage, undertakes to comply with each and all the requirements mentioned below. Not complying with one or few of the requirements below will imply that the Guarantee will not be applicable. The requirements are as follows:

a) The Landlord accepts that all bookings extensions of Spotahome tenants will be formalized via the Spotahome platform.

b) The Client must have received written confirmation from Spotahome that the tenant has been approved by our verification process prior to tenant’s check in. In the event of not complying with this section, the Guarantee will not be applicable, and the specific booking will be converted to a “Standard Service” hence the guarantee will not be applicable. In such cases the Landlord will have the right to cancel the booking with no penalty;. Therefore, it is important that if such confirmation has not been received, the Client shall consult Spotahome before arranging the Tenant's check-in. In addition, if the Tenant does not pass the vetting process or does not want to pass it and wants to cancel the booking, Standard cancellation policies will apply.

c) The Landlord will be responsible for preparing and properly managing the Property for the entry of the Tenant and during the whole tenancy agreement of the tenant. In the event that the reservation is canceled, the tenant refuses to pay their rent or leaves earlier due to the advertisement not being a true reflection of the Property listing, or due to poor condition of the Property or improper management by the Landlord, it will void the Guarantee, unless approved in writing by Spotahome.

d) The Owner will be in charge of signing a tenancy agreement with the Tenant. This will be a key requirement for claiming defaults or damages alongside the tenancy agreement. For the sake of clarity, a signed tenancy agreement will be necessary for the guarantee to be applicable even in those situations where the Tenant has been unable to enter the property due to travel or visa delays, or does not move into the property. We strongly suggest Owners scan and email a copy of the rental agreement as soon as the booking is closed. For these purposes, the Client undertakes to include the clause set forth in Annex I in the tenancy agreement to be signed with the Tenant. Pursuant to the terms and conditions herein, all prospective tenants shall remit their rent payments by means of direct debit (i.e. SEPA or BACS), except for those tenants who have no credit history within the European Economic Area (EEA), are not nationals of any EEA member state, and do not reside in the EEA at the time of application, screening, or occupancy. Such tenants may pay by a non-EEA credit or debit card, subject to a surcharge of 4% on their monthly rent. Any payment made by a credit or debit card originating from the EEA shall be null and void and returned to the tenant, who shall execute a direct debit mandate forthwith. A valid direct debit mandate is a prerequisite for passing the screening process, you may be requested to set it up by paying a nominal fee of 0.5€ / £0.5. In the event that you have previously paid such nominal fee, it will be refunded via Stripe. In case of the aforementioned exception, a credit or debit card must be provided by paying a nominal fee of 0.5€ / £0.5. Tenants who qualify for the exception may avoid the surcharge by setting up a direct debit mandate upon arrival in the country where the property is located. In the event that said tenants have previously paid such nominal fee, it will be refunded via Stripe. The surcharge amount may vary depending on the actual cost we incur for processing the payment. If our cost is lower than the surcharge, we will refund you the difference at your request. If our cost is higher than the surcharge, we will charge you the additional amount. By providing the credit or debit card or the direct debit mandate, you are giving consent to Spotahome to charge your card for future rental payments. The Tenant hereby acknowledges and agrees that all direct debit / credit debit card payments will be set-up and processed in the first week of each month. The Tenant shall ensure that sufficient funds are available for their rent from the 1st day of each month and shall bear any fees or charges incurred due to insufficient funds or failed payments or disputes. Furthermore, it is specified that the full amount of the agreed-upon rent must be received by Spotahome, and in no case shall Spotahome assume responsibility for bank charges, exchange rate fees, or commissions, among others.

e) Along with the tenancy agreement, the Landlord shall make a detailed inventory of the Property, signed by the Tenant, or to proactively request Spotahome to perform a physical or virtual verification at the check in. This inventory will be a requirement for any damage protection claimed by the Landlord.

f) The Landlord is recommended to request and receive from the Tenant a one (1) month rent deposit before the Tenant checks in. In such a case, the deposit will be considered as part of the Guarantee and will be deducted, in first place, from the amount to be paid by the Tenant or Spotahome in the event of a Tenant default, non-payment or damages by the Tenant. For these purposes, the Client undertakes to include the clause set forth in Annex I in the tenancy agreement to be signed with the Tenant.

g) In the event of defaults (non payments, damages or early check outs), Spotahome will request the said amount to the Tenant. In such cases in which the Tenant is not leaving the Property after a default, the Landlord undertakes to take all reasonable measures to minimize Spotahome or the Guarantor's financial exposure, including not exclusively the issuance of the relevant legal notifications for the eviction of the Tenant.

h) The Client further acknowledges that for the Guarantee to be effective, the Client must either possess ownership or legal rights to lease or sublease the property. Failure by the Client to meet this requirement shall render the Guarantee inapplicable, absolving Spotahome of any liability for associated claims or damages.

i) In the event that the lease agreement has been secured with a security deposit, for the Guarantee to be applicable, the Landlord must not have partially or fully refunded the deposit to the Tenant prior to initiating a claim under the Guarantee, Spotahome reaching a decision about payment of the Guarantee claim, or any financial settlement Spotahome provides to the Landlord under the Guarantee. Should a full or partial refund of the security deposit be issued, Spotahome will interpret this as the tenancy having ended without any issues.

Obligation to inform Spotahome of any changes in the tenancy agreement

a) Any modifications that imply or may imply changes in the tenancy agreement such as but not limited to): (i) Tenant leaves the Property earlier than agreed (“Early Exit”), (ii) the Tenant does not move in the agreed date (“No Show”), (iii) the Tenant cancels or wishes to cancel the booking (“Tenant Cancellation”) and (iv) the Tenant wishes to extend the booking (“Booking Extension”) or (v) the Tenant wishes to modify the dates of check in or date of check out, or (vi) there are changes in the Tenants staying in the Property; the Landlord must inform Spotahome as soon as possible (even if the Tenant has informed Spotahome him/herself), with a maximum of three (3) days after the Landlord has received that notice. If the Client fails to do so, the following consequences might take place: (a) the rent payment might be withheld by Spotahome until Spotahome clarifies the situation with the booking; (b) penalties may apply to compensate Spotahome for administrative costs; and (c ) Plus service Guarantee may not be applicable.

Note: Spotahome is not acting as an insurance for the Landlord. Spotahome, subject to the above conditions being met, advances the monthly rent to the Landlord, collects the money from the Tenant and in case of defaults, damages or early exit provides a guarantee to the Landlord (directly or via a guarantee entity) to ensure the Landlord is protected and does not have the hassle to manage those defaults; however, Likewise, the Tenant is not relieved from its liability and Spotahome will ask the tenant to pay such defaulted/damaged amounts. Spotahome or the guarantee entity will also coordinate with other existing means of protection the Landlord may already have (if existing) for Spotahome or the guarantee entity to recover such amounts (i.e. home insurance).

In the event that the Tenant or any third party (including a house insurance or any other landlord protection product) provides any payment to the Landlord that has already been received by the Landlord from Spotahome, or that is supposed to be paid to Spotahome and not the Landlord; the Landlord consents to make Spotahome the beneficiary of such Guarantee, or debt or insurance. Therefore, the Landlord shall notify and return to Spotahome the referred amounts received within seven (7) business days from the date of receipt from the Tenant, any Guarantor or any other third party covering such default.

In the event that any of the aforementioned requirements included in this clause are not met, the Guarantee coverage will not occur, and the Client agrees to release Spotahome from all liabilities. Furthermore, Spotahome reserves the right in its sole discretion to remove the Landlord from any paid plans or, alternatively, to downgrade the Landlord to a different paid plan, at any time and without any liability for Spotahome.

FOURTH. PRICE.

The price of the service is detailed as a “marketing commission”. Spotahome will charge the price of the service to the Owner by deducting said amount from the payment of the first month's reservation by the tenant and paid to the Owner forty-eight (48) hours after the Tenant's check-in.

In case Spotahome offers the Landlord to pay the marketing commission in monthly installments, Spotahome will communicate this to the Landlord and from that moment, Spotahome will charge the marketing commission monthly installments to the Owner by deducting said amount from each of the payments of the monthly rent paid by the tenant and passed to the Owner (deducting the monthly installments marketing commission) within the first five (5) working days of every month,from the check in until the check out date.

FIFTH. DURATION.

These Terms and Conditions will be valid for one year, and will be automatically extended for periods of one (1) year unless neither party notifies the other, in writing and at least one (1) month in advance of the date of termination the willingness not to renew them.

However, this document, once rented the Property, may be terminated by the parties in advance for the following reasons:

By mutual written agreement of the parties.
By any party with a notice of one (1) month in advance.
By any Party when there is a breach of the obligations agreed upon in this document, unless the defaulting party remedies it within ten (10) calendar days from the date the other claims it.

In the event of termination, this will not affect the contractual obligations of the parties that continue in force in accordance with the provisions of this document. Especially with the obligation to pay accrued fees in favour of Spotahome in case of having rented the Property.

SIXTH. GUARANTEE COVERAGE.

Effective for bookings closed from 01/02/2024 onwards, the maximum Guarantee’s period of coverage is for the entire lease term agreed in the booking closed at Spotahome platform, with a maximum of twelve (12) months. In the case of long-term contracts of more than twelve (12) months or in booking modifications, contract renewals or extensions, the Tenant must pass a new verification or solvency test by Spotahome to renew the Guarantee in each annuity or in each renewal or extension of the contract. To do this, both parties must contact Spotahome and make sure the modification, extension or renewal is done via Spotahome and Spotahome confirms the renewal of the Guarantee. Failure to execute said extension through Spotahome and to get confirmation of the extension of the Guarantee by Spotahome, after the renewal or after the first year will mean the non-renewal of the Guarantee and therefore the loss of its coverage by Spotahome or the Guarantor.

In order to offer the Guarantee, Spotahome may offer Tenants the referred Guarantee, via Spotahome or a Guarantee Entity or through a third party outside Spotahome, at Spotahome's sole discretion. Likewise, Spotahome reserves the right to modify the manner of offering the referred Guarantee by contracting, at its sole discretion, other services or products of similar coverage without the need to formalise such modification in another contract.

The Guarantee will not cover any defaults, incidents or claims arising beyond the contract dates reported in the Spotahome booking.

Value of the total coverage

The value of the total coverage of the Guarantee under this contract, under the below points aggregated, will not exceed the total rental contract value of the entire lease term agreed in the booking closed on the Spotahome platform, or a maximum of twelve (12) months. The initial default or defaults will be covered by the deposit. Subsequently, the Guarantee will come into effect, providing coverage for the Landlord up to the maximum amount, with the deposit value being considered part of the 12-month coverage. For instance, if the deposit covers two (2) months, the Guarantee will then cover up to an additional 10 months.

In cases where the Tenant has leased a property without providing a security deposit, the Tenant bears full responsibility for any damages sustained within the premises. If damages caused by the Tenant exceed the value of the security deposit, he is obliged to cover the additional costs incurred.

Furthermore, it is explicitly prohibited to utilize the deposit for the Tenant's final or any rent instalment under any circumstances.

1.Payment defaults The Guarantee will provide the Landlord a maximum coverage of twelve (12) months rental payments for monthly rent defaults, on top of the Tenant’s deposit in the terms specified above. The Landlord will be able to claim a maximum of one (1) monthly rent every month (minus the marketing commission if not yet paid in the first payment) while there is a default, from the moment the Tenant stops paying until the check out date, with the maximum set in the previous paragraph. Any defaults that occurs outside of the contractual dates (i.e. a Tenant stays in the property without meeting their payment obligations after the check out date via Spotahome) will not be covered by this guarantee.

2. Damages The Guarantee will provide the Landlord a maximum coverage of two (2) months rental payments value for damage protection caused by the Tenant, on top of the Tenant’s deposit, if there is any. In the case of damage to the Property, the Client shall inform Spotahome without delay within a period of fourteen (14) days, once the damage in question is discovered and with a maximum of 14 days after the check out of the Tenant, with the aim of being covered by the Guarantee.

3.Early exit As a condition for this coverage, the Landlord needs to indicate in the tenancy agreement that the Tenant will need to provide a thirty (30) days notice period before they leave the property. In case the Tenant does not meet its obligations to pay for the thirty (30) days notice period, the Landlord will keep the Tenant deposit proportional to the unpaid amount of those 30 days notice period. In addition, in the event that the Tenant leaves early and all the Guarantee has been paid directly by the Tenant (paying all the notice period), Spotahome will return to the Client the pro rata of the fee charged for the rental service for the months pending not paid by the tenant due to leaving early - as credit for the following booking, once the cost of the Guarantee has been discounted, which is not returned (that is, equivalent to an average cost of a Guarantee entity of three percent (3%) of the total amount of the Contract). There will be no prorrata if Spotahome has provided Guarantee on payment, damages or Early Exit beyond the deposit, or if the Landlord has kept the tenant deposit without any justifiable cause. Any request for Early Exit must be submitted to Spotahome immediately and no later than seven (7) days after the Tenant has provided notification of the Early Exit.

4.Not included By way of clarification, the Guarantee will not cover the following facts:

The Guarantee will not cover any non-payment of rent when a) caused by the abandonment of the Property by a Tenant prematurely due to the breach of the terms of the tenancy agreement by the Landlord,; or (b) bill payments (electricity, gas, water, or other supplies) or any payments not included in the total monthly rental price rented through Spotahome, or any excessive consumption of any of those
Monthly contracts, when the Tenant is obliged to pay the full month period irrespective of when they stay in the property, are not permitted in the PLUS Service.
Any default, damage or loss caused by a Tenant, if the tenant has extended the period of booking outside Spotahome.
Damages or losses to the Property:

a) that have not been caused directly by the Tenant or guests of the Tenant;

b) General wear and tear of the Property;

c) Defects in workmanship, material, construction or design due to any cause whatsoever;

d) Deterioration, rust, corrosion or erosion, intrinsic defects or hidden defects;

e) Damage to Items that are not included in the inventory or that are not visible in the inventory photos or Spotahome listing or video;

f) In case of room rentals, damage to the common areas of the rented property when it is not clear that a Spotahome tenant committed the damage; provided that not all Tenants are part of a pool covered by the same Warranty;

g) Charges over € 100 per Lease for cleaning the property;

h) Charges over € 50 for changing the locks on the doors of the Property;

i) Damages to the garden or outside or outdoor area of the property;

j) Damage caused by insects or domestic animals, as well as veterinary care, accommodation, medication and other services related to animals;

k) Damages caused by force majeure (i.e. including among others wars, terrorism, pandemias, rebellions, etc) as well as natural phenomena, including, among others, earthquakes and meteorological phenomena such as hurricanes and tornadoes;

l) Damage caused by theft, fraudulent use or impersonation of the Landlord by the Tenant;

m)Damages for which the Landlord has previously submitted a request for payment;

n) The Guarantee will exclusively cover the damaged area or object and will not include robbery, the labor costs, cleaning service costs, cosmetic damage, wear & tear, transportation or taxes (VAT);

o) The following items are excluded from the Guarantee: art, money, or personal possessions such as electronic equipment, computers, software, tablets, jewelry, wallets or clothes etc;

p) Damage caused by changes in temperature or relative humidity together with any loss, damage, claim, cost, expense or other sum directly or indirectly related to the presence of mold, fungi, spores, viruses, bacteria or other microorganisms of any kind, class or nature, including any substance whose presence poses an actual or potential threat to human health;

SEVEN. EXTENSION, RENEWAL AND REDUCTION OF THE TENANCY AGREEMENT.

In the event that the Tenant and the Owner decide to extend, renew or reduce the term of their tenancy agreement, both parties must agree and contact Spotahome to formalize such changes in an annex to the agreement, to be able to extend or renew the Guarantee.

In the case of contract extensions or renewals, the cost of the service will be charged by Spotahome to the Owner on the first payment of the next booking or via monthly installments, deducting the fee from the monthly payment of the Tenant's rent.

EIGHT. CLAIM PROCESS

Damages

The Client shall provide Spotahome within thirty (30) calendar days of notification of damage (in accordance with the time limit in clause 6.2), with the following documents in order to claim Damage under this Guarantee:

Photographic or video evidence of the damage caused by the Resident;
Copy of the Rental / Lease Agreement signed by the parties;.
Copy of the Inventory signed by the parties of the Lease Agreement;.
Copy of the report made to the Police for damages suffered as a result of vandalism;
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. The Rental / * Lease Agreement does not suffice for this required proof;
Estimate of the costs of repair of the damage caused or replacement in the event that repair was not possible. The relevant cost assessment document should be issued by a relevant third party;
Copy of a receipt, certified document or other proof confirming 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;
Spotahome will always contact the Resident and any relevant third parties necessary to verify the information submitted by the Owner.

Defaults

Copy of the Rental Agreement signed by the parties and signed;
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. The Rental / * Lease Agreement does not suffice for this required proof.
Proof of multiple requests for the tenant to vacate the property made to the Resident (by any means, e.g. WhatsApp, email, etc.). In circumstances when the tenant has stayed in the property after the tenancy and is defaulting.
Copy of the certified notice (e.g. Burofax, or the equivalent in the respective country) sent to the inhabitant, if more than one month has passed since the due date of the last payment obligation (i.e. the day your tenant should have paid the rent) or no later than 15 natural days from the moment this has been requested by Spotahome or the guarantee entity.
A legal copy of the Eviction Notice filed with the relevant court, if more than two months have passed since the date on which the last payment obligation was due, or no later than 15 natural days from the moment this if this has been requested by Spotahome or the guarantee entity.

Early exit

Copy of the Rental Agreement signed by the parties;
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. The Rental / * Lease Agreement does not suffice for this required proof.
Copy of the formal notice communication by the Tenant to the Landlord

Failure to support in a proper and timely manner to Spotahome or the guarantee entity to evict the Tenant in a default will imply the loss of the Guarantee.

NINTH. CONFIDENTIALITY.

The parties expressly undertake, both during the validity of this document, and after its termination, not to disseminate, transmit, or reveal to third parties or companies any information to which they have access as a result of the execution and development of this document, or exchanged between said Parties, as a consequence thereof, or to use said information in their own interest or that of any third party.

Likewise, the disclosure of information in favor of employees and / or collaborating companies of Spotahome is exempted. In any case, the persons receiving the information must comply with the duty of confidentiality set forth herein.

TENTH. ASSIGNMENT.

The parties expressly provide that the Client shall be prohibited from assigning, in full or in part, the rights and obligations arising from these terms, without the prior written consent of Spotahome.

ELEVENTH. JURISDICTION.

These clauses shall be interpreted in accordance with Spanish legislation. Any discrepancies that may arise from the execution and interpretation of this document shall be subject to the jurisdiction of the Courts and Tribunals of the city of Madrid, expressly waiving any other jurisdiction that may correspond to the parties.

Annex I

Clauses to be included in the tenancy agreement.

Note: If the Landlord wants to offer a different deposit than one (1) month rent, the Landlord should discuss it first with Spotahome to ensure they are covered by the guarantee.

One (1) month deposit:

“Based on the guarantee offered by Spotahome, the Landlord and the Tenant agree to require a deposit of one (1) month rent.”

Mandatory clause for rent collection:

Rent payment:

*"Landlord and Tenant agree to set a monthly rent of (____________€) (”Rent”) EUROS, which will be paid by the Tenant in the manner indicated in the following paragraph:

The Tenant shall remit its rent payments to Spotahome, S.L.U. by means of direct debit (i.e. SEPA or BACS) through Stripe (https://stripe.com/) or GoCardless (https://gocardless.com/) platforms, except if it has no credit history within the European Economic Area (EEA), it is not a national of any EEA member state, and does not reside in the EEA at the time of application, screening, or occupancy. Such tenants may pay by a non-EEA credit or debit card, subject to a surcharge of 4% on their monthly rent. Any payment made by a credit or debit card originating from the EEA shall be null and void and returned to the Tenant, who shall execute a direct debit mandate forthwith. A valid direct debit mandate is a prerequisite for passing the screening process, you may be requested to set it up by paying a nominal fee of 0.5€ / £0.5. In the event that you have previously paid such nominal fee, it will be refunded via Stripe. In case of the aforementioned exception, a credit or debit card must be provided by paying a nominal fee of 0.5€ / £0.5.Tenants who qualify for the exception may avoid the surcharge by setting up a direct debit mandate upon arrival in the country where the property is located. In the event that said tenants have previously paid such nominal fee, it will be refunded via Stripe. The surcharge amount may vary depending on the actual cost we incur for processing the payment. If our cost is lower than the surcharge, we will refund you the difference at your request. If our cost is higher than the surcharge, we will charge you the additional amount. By providing the credit or debit card or the direct debit mandate, you are giving consent to Spotahome, S.L.U. to charge your card for future rental payments.

The Tenant hereby acknowledges and agrees that all direct debit / credit debit card payments will be set-up and processed in the first week of each month. The Tenant shall ensure that sufficient funds are available for their rent from the 1st day of each month and shall bear any fees or charges incurred due to insufficient funds or failed payments or disputes.

The Tenant’s Rent is due on the 1st day of each month. If the Rent is not received by Spotahome by the 15th day of the month, the Tenant shall pay a late fee of (two hundred and fifty euros) 250€ plus interest at a rate of 3% above the base rate of the country in which the property rented is located, which will be charged monthly over the total amount overdue for each month outstanding until the receipt of the payment is verified.The foregoing, without prejudice to Spotahome being able to take the appropriate legal actions in defense of their rights.

If the Tenant wants to leave the property before the agreed date in the contract, the tenant needs to formally communicate with the Landlord providing a 30 days notice period and pay the monthly rent of those 30 days, even if the Tenant is exiting the Property at an earlier date."*

TERMS AND CONDITIONS OF THE "PREMIUM" SERVICE

KEY TERMS

“Owner, Client or Landlord” means the person or entity that has entered into an agreement with Spotahome to publish an advertisement for the Property on the Platform
“Tenant” means the person requesting a reservation for the Property via the Spotahome Platform.
“Guarantee” It is a product provided by a Guarantor (Either by Spotahome directly or by a third party Guaranty Entity) that it is offered to Tenants, which allows them to rent a Property without requiring a bigger advance payment or deposit. This Guarantee is provided to Tenants as it is a prerequisite by the Landlords in the Premium Service to rent their properties in Spotahome. With this guarantee, in case of default from the Tenant, Spotahome advances the rent to the Landlord and collects the money from the Tenant. In case the Tenant defaults from their tenancy agreement obligations, the Guarantee will cover the Landlord. For informational purposes, this product cannot be considered as insurance in the legal insurance scheme, but rather as a Guarantee. It is offered to the Tenant, not to the Landlord and it does not relieve the Tenant from their obligations towards the contract. In case of Tenant defaults Spotahome or the Guarantor will take actions to get that money paid by the Tenant.
“Guarantor” It is a person or an entity that offers a Guarantee to the Tenant to enable them to rent a property when the Landlord establish that a Guarantor is a prerequisite to rent the property; It also does help the tenant not requiring to pay big advance payment to rent the property.
“Guarantee Entity” is an entity or third party that may be contracted by Spotahome, that guarantees the breaches and non-compliance by the Tenant towards the Owner.

CLAUSES

FIRST. OBJECT.

The Client hereby assigns to Spotahome the mandate to offer for rent the referred Property and Spotahome undertakes to provide the “PREMIUM” Service.

SECOND. "PREMIUM" SERVICE

The "PREMIUM" service includes:

To this end, Spotahome will coordinate with the Landlord the rental conditions (price, conditions, booking, etc) aiming to achieve maximum occupation and profitability for the Landlord.

Guarantor or Guarantee service - provided to the Tenant.

12 months Payment protection

Once the Guarantee has been formalized, Spotahome (or a third party guarantee entity) will act as guarantor of the Tenant, offering up to 12 months Payment protection to the Landlord.

Damages protection

The Guarantee that Spotahome will offer to the Tenant will include damage coverage for the Landlord for up to two (2) months rent.

Early Exit The Guarantee that Spotahome will offer to the Tenant will include one (1) month Early exit, ensuring that the tenant provides a notice period of thirty (30) days and pays for that period.

THIRD. OBLIGATIONS OF THE CLIENT.

1. Comply with the guarantee conditions

a) The Landlord accepts that all bookings extensions of Spotahome tenants will be formalized via the Spotahome platform.

f) In the event of defaults (non payments, damages or early check outs), Spotahome will request the said amount to the Tenant. In such cases in which the Tenant is not leaving the Property after a default, the Landlord undertakes to take all reasonable measures to minimize Spotahome or the Guarantor's financial exposure, including not exclusively the issuance of the relevant legal notifications for the eviction of the Tenant.

g) The Client further acknowledges that for the Guarantee to be effective, the Client must either possess ownership or legal rights to lease or sublease the property. Failure by the Client to meet this requirement shall render the Guarantee inapplicable, absolving Spotahome of any liability for associated claims or damages.

h) In the event that the lease agreement has been secured with a security deposit, for the Guarantee to be applicable, the Landlord must not have partially or fully refunded the deposit to the Tenant prior to initiating a claim under the Guarantee, Spotahome reaching a decision about payment of the Guarantee claim, or any financial settlement Spotahome provides to the Landlord under the Guarantee. Should a full or partial refund of the security deposit be issued, Spotahome will interpret this as the tenancy having ended without any issues.

Note: The Landlord is recommended to request and receive from the Tenant a one (1) month rent deposit before the Tenant checks in. In such a case, the deposit will be considered as part of the Guarantee and will be deducted, in first place, from the amount to be paid by the Tenant or Spotahome in the event of a Tenant default, non-payment or damages by the Tenant. For the sake of clarification, this one month rent deposit is not an obligation of the owner to be covered by the Guarantee, but a mere recommendation of Spotahome.

Obligation to inform Spotahome of any changes in the tenancy agreement

If the Client fails to do so, the following consequences might take place: (a) the guarantee might be withheld by Spotahome until Spotahome clarifies the situation with the booking or may not be applicable; (b) penalties may apply to compensate Spotahome for administrative costs.

Note: Spotahome is not acting as an insurance for the Landlord. Spotahome, subject to the above conditions being met, formalizes a guarantee with the tenant and in case of defaults, damages or early exit provides a guarantee to the Landlord (directly or via a guarantee entity) to ensure the Landlord is protected and does not have the hassle to manage those defaults; however, Likewise, the Tenant is not relieved from its liability and Spotahome will ask the tenant to pay such defaulted/damaged amounts. Spotahome or the guarantee entity will also coordinate with other existing means of protection the Landlord may already have (if existing) for Spotahome or the guarantee entity to recover such amounts (i.e. home insurance).

FOURTH. PRICE.

FIFTH. DURATION.

However, this document, once rented the Property, may be terminated by the parties in advance for the following reasons:

By mutual written agreement of the parties.
By any party with a notice of one (1) month in advance.
By any Party when there is a breach of the obligations agreed upon in this document, unless the defaulting party remedies it within ten (10) calendar days from the date the other claims it.

SIXTH. GUARANTEE COVERAGE.

The Guarantee will not cover any defaults, incidents or claims arising beyond the contract dates reported in the Spotahome booking.

Value of the total coverage

Furthermore, it is explicitly prohibited to utilize the deposit for the Tenant's final or any rent instalment under any circumstances.

1.Payment defaults

The Guarantee will provide the Landlord a maximum coverage of twelve (12) months rental payments for monthly rent defaults, on top of the Tenant’s deposit in the terms specified above. The Landlord will be able to claim a maximum of one (1) monthly rent every month (minus the marketing commission if not yet paid in the first payment) while there is a default, from the moment the Tenant stops paying until the check out date, with the maximum set in the previous paragraph. Any defaults that occurs outside of the contractual dates (i.e. a Tenant stays in the property without meeting their payment obligations after the check out date via Spotahome) will not be covered by this guarantee.

In case of nonpayment of the rent, the Client needs to inform Spotahome within a period of fourteen (14) days, once the payment in question was due with the aim of being covered by the Guarantee.

If the Tenant stays in the Property without meeting their payment obligations after the expected check out date, the Landlord will have to formally inform Spotahome and the Guarantee will cover the Landlord up to the maximum total coverage or until the Tenant leaves the property, whatever happens first.

2. Damages The Guarantee will provide the Landlord a maximum coverage of two (2) months rental payments value for damage protection caused by the Tenant, after deducting the Tenant’s deposit, if there is any. In the case of damage to the Property, the Client shall inform Spotahome without delay within a period of fourteen (14) days, once the damage in question is discovered and with a maximum of 14 days after the check out of the Tenant, with the aim of being covered by the Guarantee.

3.Early exit As a necessary condition for this coverage, The Landlord needs to indicate in the tenancy agreement that the Tenant will need to provide a thirty (30) days notice period before they leave the property. In case the Tenant does not meet its obligations to pay for the thirty (30) days notice period, the Guarantee will provide the Landlord a maximum coverage of one (1) months rental payments for early exit protection (for the period uncovered by the tenant or unrented by Spotahome), provided that the Landlord gives back the deposit to the Tenant (unless there are other defaults covered by that deposit). In addition, in the event that the Tenant leaves early and all the Guarantee has been paid directly by the Tenant (paying all the notice period), Spotahome will return to the Client the pro rata of the fee charged for the rental service for the months pending not paid by the Tenant due to leaving early - as credit for the following booking, once the cost of the Guarantee has been discounted, which is not returned (that is, equivalent to an average cost of a Guarantee entity of three percent (3%) of the total amount of the Contract). There will be no prorrata if Spotahome has provided Guarantee on payment, damages or Early Exit beyond the deposit, or if the Landlord has keptthe full or part of the tenant deposit without any justifiable cause - at the Spotahome criteria.

Any request for Early Exit must be submitted to Spotahome immediately and no later than seven (7) days after the Tenant has provided notification of the Early Exit.

4.Not included By way of clarification, the Guarantee will not cover the following facts:

The Guarantee will not cover any non-payment of rent when a) caused by the abandonment of the Property by a Tenant prematurely due to the breach of the terms of the tenancy agreement by the Landlord,; or (b) bill payments (electricity, gas, water, or other supplies) or any payments not included in the total monthly rental price rented through Spotahome, or any excessive consumption of any of those
Monthly contracts, when the Tenant is obliged to pay the full month period irrespective of when they stay in the property, are not permitted in the PREMIUM Service.
Any default, damage or loss caused by a Tenant, if the tenant has extended the period of booking outside Spotahome.
Damages or losses to the Property:

a) that have not been caused directly by the Tenant;

b) General wear and tear of the Property;

c) Defects in workmanship, material, construction or design due to any cause whatsoever;

d) Deterioration, rust, corrosion or erosion, intrinsic defects or hidden defects;

e) Damage to Items that are not included in the inventory or that are not visible in the inventory photos or Spotahome listing or video;

f) Damage to common areas when it is not clear which tenant committed the damage; as long as all the Tenants are not part of a reservation covered by the same Guarantee;

g) Charges over € 100 per Lease for cleaning the property;

h) Charges over € 50 for changing the locks on the doors of the Property;

i) Damages to the garden or outside or outdoor area of the property;

j) Damage caused by insects or domestic animals, as well as veterinary care, accommodation, medication and other services related to animals;

l) Identity theft or fraudulent use of identity;

m)Damages for which the Landlord has previously submitted a request for payment;

n) The Guarantee will exclusively cover the damaged area or object and will not include robbery, the labor costs, cleaning service costs, cosmetic damage, wear & tear, transportation or taxes (VAT);

o) The following items are excluded from the Guarantee: art, money, or personal possessions such as electronic equipment, computers, software, tablets, jewelry, wallets or clothes etc;

SEVEN. EXTENSION, RENEWAL AND REDUCTION OF THE TENANCY AGREEMENT.

EIGHT. CLAIM PROCESS

Damages

Photographic or video evidence of the damage caused by the Resident;
Copy of the Rental / Lease Agreement signed by the parties;.
Copy of the Inventory signed by the parties of the Lease Agreement;.
Copy of the report made to the Police for damages suffered as a result of vandalism;
Copy of the receipt proving that the security deposit constituted by the Tenant has been presented and/or deposited, if applicable, with the public or private body designated for this purpose. The Rental / * Lease Agreement does not suffice for this required proof;
Estimate of the costs of repair of the damage caused or replacement in the event that repair was not possible. The relevant cost assessment document should be issued by a relevant third party;
Copy of a receipt, certified document or other proof confirming 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;
Proof of multiple requests for payment made to the Resident (by any means, e.g. WhatsApp, email, etc.);
Spotahome will always contact the Resident and any relevant third parties necessary to verify the information submitted by the Owner.

Defaults

Copy of the Rental Agreement signed by the parties;
Copy of the receipt proving that the security deposit constituted by the Tenant has been presented and/or deposited, if applicable, with the public or private body designated for this purpose. The Rental / Lease Agreement does not suffice for this required proof.
Proof of multiple requests for payment made to the Resident (by any means, e.g. WhatsApp, email, etc.);
Proof of multiple requests for the tenant to vacate the property made to the Resident (by any means, e.g. WhatsApp, email, etc.). In circumstances when the tenant has stayed in the property after the tenancy and is defaulting.
Copy of the certified notice (e.g. Burofax, or the equivalent in the respective country) sent to the Tenant, if more than one month has passed since the due date of the last payment obligation (i.e. the day your tenant should have paid the rent) and if this has been requested by Spotahome or the guarantee entity.
A legal copy of the Eviction Notice filed with the relevant court, if more than two months have passed since the date on which the last payment obligation was due, and if this has been requested by Spotahome or the guarantee entity.

Early exit

Copy of the Rental Agreement signed by the parties; including the 30 days notice period clause referred above
Proof of multiple requests for payment made to the Resident (by any means, e.g. WhatsApp, email, etc.);
Copy of the receipt proving that the security deposit constituted by the Tenant has been presented and/or deposited, if applicable, with the public or private body designated for this purpose. The Rental / * Lease Agreement does not suffice for this required proof.
Copy of the formal notice communication by the Tenant to the Landlord

Failure to support in a proper and timely manner to Spotahome or the guarantee entity to evict the Tenant in a default will imply the loss of the Guarantee.

NINTH. CONFIDENTIALITY.

TENTH. ASSIGNMENT.

ELEVENTH. JURISDICTION.

Annex I

Clauses to be included in the tenancy agreement.

Note: If the Landlord wants to offer a different deposit than one (1) month rent, the Landlord should discuss it first with Spotahome to ensure they are covered by the guarantee.

*One (1) month deposit:

“Based on the guarantee offered by Spotahome, the Landlord and the Tenant agree to require a deposit of one (1) month rent.”

Mandatory clause for default and early exit:

In the event of a delay by the Tenant in the payment of the corresponding, a minimum penalty of fifty (50) euros for the first month of delay and, additionally, a delay interest of three percent (3%) which will be charged monthly over the total amount overdue for each month outstanding until the receipt of payment is verified. The foregoing, without prejudice to Spotahome being able to take the appropriate legal actions in defense of their rights. If the Tenant wants to leave the property before the agreed date in the contract, the tenant needs to formally communicate with the Landlord providing a 30 days notice period and pay the monthly rent of those 30 days, even if the Tenant is exiting the Property at an earlier date.”*