Terms And Conditions

Latest update: November 1, 2024

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 THAT LIMIT SPOTAHOME'S LIABILITY IN CERTAIN SITUATIONS.

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.

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

1. GENERAL

SPOTAHOME offers an Online Platform for Landlords 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 on https://www.SPOTAHOME.com and other websites, applications for mobile and other devices, through which SPOTAHOME offers its Services. SPOTAHOME does not offer touristic Accommodation.

SPOTAHOME is neither a tourist operator nor a platform whose main purpose is to offer tourist accommodations as an intermediary. The Platform does not constitute to any effect a channel of tourist promotion.

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. In addition, these Users confirm that they comply with the national laws and obligations of the country in which the leased property is located and, in particular, with the laws on urban planning, renting and subletting.

Therefore, Owners are obligated to comply with all applicable legal requirements, and specifically, those set forth in the European Union Directive 2021/514 (DAC7). They must supply accurate and thorough information about any of the requested data, such as tax identification numbers. SPOTAHOME will therefore be entitled to comply with the legal obligations in force concerning the communication of tax information to the competent authorities. In order to enforce compliance with DAC7 and other applicable laws, SPOTAHOME expressly reserves the right to take all necessary measures, such as account suspension, withholding of payments or other legal action.

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 such reasons as it deems appropriate 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 booking 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.

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.

"Platform / Website" means any of the domains owned by SPOTAHOME through which SPOTAHOME allows the Users to use or browse the Online Platform.

"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.

"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/ Tenant" 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/ Landlord" 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 Accommodation published in SPOTAHOME by agreement between the latter and the Owner with the purpose of making it available for booking through 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.

“Homechecker” professional or collaborator of SPOTAHOME whose function is to evaluate the physical status of the Accommodation, with the purpose of verifying that it complies with the description provided in the Advertisement. Their role involves the inspection of general aspects of the Accommodation such as the condition of the facilities, its state of cleanliness and the verification of its existence at the address specified by the Landlord. Nevertheless, the Homechecker is not responsable for assessing compliance with the city planning regulations applicable to the place where the property is located.

"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. Landlord and Tenant are fully responsible for the enforcement of the contractual obligations entered into between both parties under the Tenancy Agreement. In the event of a breach or dispute, SPOTAHOME will attempt to facilitate smooth communication to the extent possible, but resolution shall be solely and entirely the responsibility of the Landlord and the Tenant.

"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.

“No show” shall be understood as such when the Tenant does not access or does not show up at the Accommodation on the Entry Date agreed. If the Tenant does not show up or does not take the Accommodation, SPOTAHOME shall transfer the First Payment to the Landlord to compensate for the loss related to the non-rental of the Accommodation. SPOTAHOME shall be entitled to retain the Service Fee and/or the Reservation Fee as compensation for services provided.

"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.

"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. It refers, specifically, to the amount that SPOTAHOME will charge the Tenant for the services rendered plus Value Added Tax (VAT) (See section 6. FEES, PAYMENT METHODS AND INVOICING; please check if there is any specific information which applies in your territory in Section 10 "APPLICABLE LOCAL REGULATION ").

"Service Fee" means a percentage of the Total Contract Value that SPOTAHOME will charge the Owner for the provided services (See section 6. FEES, PAYMENT METHODS AND INVOICING).

"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 6. FEES, PAYMENT METHODS AND INVOICING; please check if there is any specific information which applies in your territory in Section 10 "APPLICABLE LOCAL REGULATION")

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

"Booking 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 Booking Request and the form are processed via email, along with all the requested information, by the Owner receiving them. Also, the Booking 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.

“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/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.

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. These Accommodations are advertised on the Platform or Application of SPOTAHOME at the request and with the approval of the Owners, making available to them the necessary technology 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. Notwithstanding, this will not be applicable if the Owner has contracted the Plus service that SPOTAHOME makes available to them, as shown below.

4. ACCOMMODATION LISTING

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 Owners will schedule a photographic session with the SPOTAHOME team, which in turn will verify the basic characteristics of the Accommodation. The Owner accepts that the SPOTAHOME team may enter the Accommodation for the purpose of taking photographs, making plans, videos or any other publicity material that SPOTAHOME may request.

Both the physical verification and the online verification do not have as an objective, nor is it the responsibility of SPOTAHOME to evaluate compliance with the town planning regulations applicable to the place in which the property is located.

The plans published in the Advertisements are for guidance and explanatory purposes only. There is no guarantee that the dimensions reflected in them are exact. SPOTAHOME will not be responsible in any way for the inaccuracy of the same.

The Owner shall provide all the necessary information to create his/her listing or advertisement 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 Accommodation including the payment terms published in the Advertisement, shall always be determined by the Owner and at his sole discretion. The Owner acknowledges and accepts that once the Resident makes a reservation for the Accommodation, the price of this reservation cannot be amended. Furthermore, the Owner may determine in the Advertisement a maximum number of guests for the Accommodation, which must be respected by the Tenant.

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.

SPOTAHOME guarantees the characteristics of the Accommodation on the date on which SPOTAHOME verified them. The Residents recognise and accept that the Accommodation they book was verified on a different date and prior to the booking date and that the characteristics of the same may differ from the conditions at the time when SPOTAHOME verified them. However, the Owner shall maintain the Accommodation in a similar condition to that depicted in the advertisement. If the event that the conditions of the Accommodation differ significantly from those of the Advertisement, SPOTAHOME reserves the right to withdraw the Advertisement for such Accommodation from the Platform, Application or services, notwithstanding the capacity to retain or claim from the Owner any payment made in exchange for the provision of the Services, as an indemnity for breach of these Terms and Conditions.

In the event of any discrepancies existing between the content of the Advertisement and SPOTAHOME's Terms and Conditions, the latter shall prevail. SPOTAHOME reserves the right to deny the publication of an Advertisement which, at its sole discretion, breaches or does not comply with these Terms and Conditions, 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.

The creation of Adverts and the audiovisual material are free of charge for the Owner. Once the Advertisement of the Accommodation has been created, the Owner will have three (3) natural days from its publication to express their disagreement with the same, duly communicating this. Otherwise, once this period has elapsed, it is understood that the Owner declares their conformity with the Advertisement and accepts the Terms and Conditions of SPOTAHOME.

SPOTAHOME WILL REMAIN THE OWNER OF ALL COPYRIGHTS OR ANY OTHER INTELLECTUAL PROPERTY FOR THE AUDIOVISUAL AND ADVERTISING MATERIAL AND ONLY SPOTAHOME HOLDS THE RIGHTS FOR ITS USE. IN THE EVENT THAT THE OWNER, OR A THIRD PARTY, USES SUCH MATERIAL OWNED BY SPOTAHOME WITHOUT HAVING WRITTEN CONSENT TO DO SO, SPOTAHOME RESERVES THE RIGHT TO DEMAND THE CESSATION OF THE USE OF SUCH MATERIAL AS WELL AS TO ADDITIONALLY CLAIM THE CORRESPONDING DAMAGES AND/OR INDEMNITY AS A RESULT OF NON-COMPLIANCE WITH THIS CLAUSE.

In the event that the Owner provides audio-visual material of the Accommodation, 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 available 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 Accommodation 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. Furthermore, the owner undertakes to comply with the urban regulations applicable in the place where the accommodation is located. 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 in 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.

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.

5. RESERVATION PROCEDURE

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. SPOTAHOME will provide detailed information about the First Payment and the Reservation Fees (see section 6. FEES, PAYMENT METHODS AND INVOICING), 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 booking request to the Owner.

When making a Booking 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 booking 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 (see section 7. MOVE-IN POLICY).

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 (see section 8. LEGAL NOTICE REGARDING THE CANCELLATION POLICY).

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 urban planning regulations 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. Independently of the aforementioned, SPOTAHOME acts as an intermediary authorised by the Owner to exclusively accept and receive from the Tenant the First Payment for the booked Accommodation and, once the Service Fee and its corresponding Value Added Tax (VAT) have been deducted, to transfer this payment to the Owner.

SPOTAHOME shall provide the Owner with certain information on the Resident intending to make the reservation and who has provided and authorised the information for this purpose. Both the Owner and the Resident acknowledge and accept that they are responsible for their own actions and any non-disclosure of information in this regard.

While using the Platform, Application or services, you agree that any legal action or claim arising as a consequence of the acts or omissions of the Owner, Residents or third parties resulting in injury will be filed exclusively against the party in question, and you agree to hold SPOTAHOME harmless against any action Legal or claim with respect to such omissions.

SPOTAHOME advises that Owners take out the appropriate insurance for their Accommodation.

SPOTAHOME will not be responsible for the removal or theft of any object found inside or outside the leased Accommodation.

SPOTAHOME is a Platform used to make online Reservations for Accommodation and, accordingly, it does not have a copy of the keys for the Accommodation or Access to it.

6. FEES, PAYMENT METHODS AND INVOICING

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.

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.

SPOTAHOME will only transfer to the Owner, after deducting the Reservation Fee and the Service Fee and its corresponding Value Added Tax (VAT), the First Payment 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.

6.1. Discount Codes

Regarding the discount or promotional codes will take effect only if they are used at the time of making the Booking 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.

6.2. Violations of T&Cs: Avoiding SPOTAHOME Fees - Offline Bookings

The parties agree that avoiding the booking and payment processes is strictly forbidden, in particular SPOTAHOME's Reservation Fee and Service Fee. In the event that any 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.

6.3. Mandatory Debit Mandate for Owners

In order to use the Service and the Platform, SPOTAHOME may require the Owners to create a direct debit mandate through a specialised external service provider chosen at SPOTAHOME's discretion. In particular, it will be mandatory and will be expressly required in those cases where SPOTAHOME has failed to collect the Service Fee (in whole or in part) by deducting it from the First Payment. Refusal or failure by the Owner to provide such a mandate may result in the suspension of the services provided by SPOTAHOME.

For Owners, located in the United Kingdom, the creation of the debit mandate will be mandatory in any case. A direct debit mandate consists of a payment authorisation for SPOTAHOME to debit directly the relevant fees (Service Fee) or any other amount owed by the Owner to SPOTAHOME (among others, amounts paid by SPOTAHOME to the Owner by mistake that must be refunded, penalty charges as described in these Terms and Conditions) to your bank account.

The sections applicable to this section are listed below:

6.3. 1. Payment timings

In the cases in which it has not been possible to deduct the Service Fee from the First Payment (either totally or partially), with the objective of liquidating the pending amount, SPOTAHOME will be able to charge the Owner by direct debit in one of these two ways:

The total pending fee within one month of the contract start date.
The total pending fee in monthly installments. The number of direct debits will be calculated by determining the number of days between the start and end of the booking. The first payment will be processed within one month of the contract start date.

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

6.3. 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, the terms established between Landlord and Tenant in the Lease Agreement shall prevail. In default, it shall be the responsibility of the parties to agree on the outstanding fee to be paid.

In the case of the United Kingdom, 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.

6.4. Obligation for Tenants to provide a method of payment

Any Tenants who have made a booking through our Platform are required to provide a valid method of payment. The booking will not be understood to be confirmed and completed if SPOTAHOME has not been able to capture the First Payment and the Reservation Fee plus the corresponding Value Added Tax (VAT) on the payment method provided by the Tenant.

Additionally, in case the property is in a Plus or Premium plan, 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

It is the Tenant's responsibility to ensure that all information provided is accurate and up to date. The Tenant shall ensure that sufficient funds are available for payment of rent as of the 1st of each month and shall bear all costs or charges incurred due to insufficient funds or failed payments or disputes. In the event that the payment method is rejected or expires, SPOTAHOME may suspend or cancel reservations until a new valid payment method is provided.

In the event of a cancellation of the reservation as stated above, the Tenant will be notified via the email address provided during the registration process. Therefore, the Tenant agrees and acknowledges that he/she shall have no claim against SPOTAHOME for any damages, loss or injury arising from such cancellation, including, but not limited to, loss of accommodation opportunities, additional costs or inconvenience caused.

By providing a method of payment, Tenant authorizes SPOTAHOME to charge SPOTAHOME for reservations made, which will be established and processed in the first week of each month, as well as any additional charges arising from Cancellation Policies or applicable fees under these Terms and Conditions.

In order to pass the selection process for the Plus AND Premium plans, 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 SPOTAHOME´s cost is higher than the surcharge, we will charge you the additional amount. 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.

6.5. 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 of the First Payment made, as well as of any other amount that SPOTAHOME should transfer to such Owners or Tenant for any reason whatsoever.

6.6. 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.

In the same sense, SPOTAHOME reserves the right to retain any amount and cancel any booking without the User having the right to a refund in those cases in which it can be demonstrated that the same User(s) operates from two or more different accounts.

These actions will be implemented to guarantee the integrity and fairness of our platform and may be taken in accordance with applicable law, our cancellation policies, or any other consequence or penalty set forth in these Terms and Conditions.6.7. Actions

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.

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 chosen at SPOTAHOME's discretion. - Exercise jurisdictional action against the Owner or its company to obtain a court's recognition and enforcement of the amount owed. - Involve third party debt collection services to recovering past / current due debts owed to SPOTAHOME. - Any additional legal fees and / or debt recovery costs that SPOTAHOME incur will be added onto your debt. - Debt collectors and recovery service vendors normally charge fees for their service which again will be added onto your debt. - SPOTAHOME reserves the right to withhold any future payments / refunds / guarantees.

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

Actions regarding Tenants.

- Cancel all properties booked by the Resident, both current and future. Disable, on a temporary or permanent basis, the Resident’s SPOTAHOME account. - Exercise jurisdictional action against the Owner or its company to obtain a court's recognition and enforcement of the amount owed.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

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

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.

7.1. Significant Deficiency

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
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
ed bugs - not including other insects or arachnids
Rodents 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 section 9. CANCELLATION POLICY). SPOTAHOME will provide and pay for temporary accommodation for a maximum of two days or will offer the Tenant a maximum of 300€ as compensatory payments if the corresponding invoice of a temporary Accommodation reserved by the Tenant is provided.

Additionally, SPOTAHOME will show different Accommodation of similar characteristics that are available on the Platform at that moment (if any), where the Tenant will be able to accept or reject the Accommodation. In the event that the substitute Accommodation shown by SPOTAHOME is lower than the price of the previous reservation, SPOTAHOME will reimburse the Tenant the difference between the new price and the price of the reservation.

If the previous option does not meet the expectations of the Tenant, SPOTAHOME will reimburse the Tenant the First Payment and the Service Fee, plus the corresponding Value Added Tax (VAT).

7.2. Minor Deficiency

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
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
Markings, minor cracks or minor holes in the wall
Wear and tear of the furniture
Aged but functional appliances
Missing or Defective Equipment
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
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
Higher than advertised payments
Restrictions and/or additional fees on move-in/move-out times
Restricted access to common areas in the property
Restrictions on overnight guests
The owner lives in the booked accommodation 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 in which the Landlord does not take action to remedy these Minor Deficiencies that have been notified in due time and form by the Tenant, 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, 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 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, either in person or virtually by video call. 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.

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, after deduction of the Service Fee, will be 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, after deducting the Service Fee, 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.

7.3. Non-Refundable situations

No refunds shall be granted in any circumstances other than those described in clauses 7.1 and 7.2. We hereby refer, by way of example but not limitation, to:

Accommodation that does not meet personal tastes and/or religious/ideological preferences (e.g., living with persons of another gender).
The Accommodation is considered to be in a less safe neighborhood than expected.
The Tenant is prevented from arriving at the Accommodation due to changes in plans, travel delays, illness or double booking.
The Tenant fails to report the problem within 24 hours of the arrival date registered on the Platform.

7.4. Lease Agreement signed between the Resident and the Owner

SPOTAHOME strongly recommend Users to sign a formal Lease Agreement when renting an Accommodation.

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 encourages 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

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 Platform or an Application that digitally introduces Tenants and Landlords. Therefore, its services are deemed to be fully rendered: when the Owner has approved the Booking 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.

Notwithstanding the foregoing, we remind our users that SPOTAHOME offers flexible cancellation plans. These plans are designed to provide users with greater comfort and security in the management of their reservations. The specific conditions of such flexible cancellation plans may vary and are detailed in our cancellation policies (see section 9. CANCELLATION POLICY).

9. CANCELLATION POLICY

9.1. Cancellation by the Owner

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 600 euros to cover emergency housing and any other indemnity of the displaced Resident.
Regarding the Resident, SPOTAHOME shall refund the First 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.

9.2. Cancellation by Tenant

SPOTAHOME does not make any charge to its Tenants until the Owner has accepted the reservation, any Tenant may cancel prior to this time without penalty.

Once the Booking Request has been accepted by the Owner, our flexible cancellation policies are as follows:

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 the Owner: - Transfer of 100% of the amount corresponding to the first monthly payment of the First Payment made by the Resident.

Once the reservation has been requested by the Tenant, and accepted by the Owner, in case the Tenant decides to cancel the Reservation, our Reservation Fee will not be refunded in any case. In other words, the Tenant will not be charged with cancellation fees, but neither will any of our fees be refunded.

10. APPLICABLE LOCAL REGULATIONS

10.1. 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.

10.2. Applicable to 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://SPOTAHOME.zohodesk.com/portal/en/kb/articles/what-are-the-cancellation-policies-in-SPOTAHOME

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.

10.3. Applicable to France

SPOTAHOME provides the following details for informative purposes. Under no circumstances these are intended to constitute legal advice of any kind, being the Owner entirely responsible for obtaining the necessary information related to the regulation applicable to the Accommodation. Should any of the involved parties have any doubts or require additional information, SPOTAHOME strongly encourages contacting the competent authorities of the municipality in which the property is located or a legal professional to obtain relevant and appropriate legal advice.

In France, Accommodation available for rent, whether it be rented as an entire property or separately (by rooms), can be categorised as main or secondary residence, both being subject to different requirements in accordance with the applicable legislation:

The main residence is the one in which the Owner resides for at least eight months (8) within the year, unless there are professional obligations, health reasons or reasons of force majeure, any of them set forth in the applicable regulation, impeding such duration of the stay. On the other hand, the secondary residence is the one in which the Owner does not normally reside and therefore, it does not act as main residence.

By its nature, the secondary residence can be leased for the following purposes: (i) for housing purposes to the Resident; (ii) on a temporary basis, including the so called 'bail mobilité' or, (iii) for vacational purposes, through the so called 'furnished accommodation for touristic purposes' (SPOTAHOME does not offer Properties for rent under ''furnished accommodation for touristic purposes'):

These three (3) referred types of lease include the following conditions:

1. The lease of a furnished Accommodation for housing purposes is the classical form of lease or "Bail Classique" being its duration term no shorter than one (1) year, or nine (9) months in case of students. It is regulated by 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.

11. 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.

Notwithstanding the foregoing, this clause shall not apply to those Landlords who have contracted Plus plan that SPOTAHOME provides to such Landlords, as set forth below.

12. RELEASE FROM LIABILITY

After 48 hours have elapsed following the Resident's Move-in Date for the Accommodation and where SPOTAHOME, after deducting the Service Fee, 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.

Notwithstanding the above, this clause shall not apply to those Owners who have contracted Plus and Premium plans, being covered by the guarantees explained below

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. SPOTAHOME OWNER WARRANTIES

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

SPOTAHOME will in some cases make a Guarantee available to the Owners without the need to be requested or contracted additionally by the Owner.

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

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

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

SPOTAHOME offers several types of Guarantees to the Owners, depending on the contracted Service Plan, distinguishing, on the one hand, the present Standard Plan and, on the other hand, the Plus and Premium plans. While the coverage of the latter will be explained in the following sections, we remind our Users that these have their own regulation at the end of thw present Terms and Conditions.

18.1. Coverage applicable to Standard Plan Owners

Guarantee for Owners

18.1.1 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 SPOTAHOME´s discretion provided that the requirements set out in this clause 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 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.

The Guarantee will exclusively cover the damaged area or object and not robbery, the labour costs, cleaning service costs, aesthetic 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 (except in Brussels) 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 before settling any defaults, rent payments, or early exit claimsIn the event that the landlord is the owner or 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.

In the event that Spotahome, through the relevant verifications or any other means it deems appropriate, concludes that the Landlord is overstating the amount of the damage effectively suffered, Spotahome reserves the right to refuse to pay the the respective total guarantee, considering that the Owner has acted in bad faith with the intention of obtaining unjust enrichment.

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

In the event that the Owner cancels a booking due to Force Majeure in accordance with these Terms and Conditions, SPOTAHOME will not apply the Owner Cancellation Policy. The foregoing shall apply provided that sufficient documentary evidence is provided, which SPOTAHOME shall assess at its discretion.

18.2. Coverage applicable to Plus/Premium Plan Owners

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

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

(ii) Owners who have been qualified as “SPOTAHOME Plus” or “SPOTAHOME Premium” Owners.

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

subject to the limitations, exclusions and particular conditions set out herein;
except if you breach any of SPOTAHOME's Terms and Conditions of Use.

18.2.1. Assumptions Guaranteed

NON-PAYMENT BY THE TENANT

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

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

Tenants are hereby reminded that, in the event of non-payment, SPOTAHOME may add to the debt claimed extrajudicially a percentage of 30%, whenever such debt has not been paid by the debtor within the corresponding term. This percentage is based on similar cases in which SPOTAHOME has been previously involved under Spanish law. This is without prejudice that such percentage may vary depending on the specific circumstances of each case, as well as the competent court hearing the case

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

(i) The duration of the Rental Agreement cannot be longer than the duration indicated in the booking made through the SPOTAHOME Platform. In that case, SPOTAHOME will only pay you the amount equivalent to the unpaid Monthly Rent for as long as the Tenant remains in the Property (with the aforementioned limit of the duration indicated in the reservation) or until the termination of the rental contract, whichever event occurs first (both cases with the referred limit of the duration indicated in the reservation).

Under any circumstances will SPOTAHOME cover the rents that may accrue during the time that the Tenant remains in the Property once the Rental Agreement formalised through SPOTAHOME has ended.

(ii) As the Owner, you must demonstrate that you have initiated the corresponding legal actions for the abandonment by the Tenant of the Accommodation. From SPOTAHOME, this requirement will be considered to be fulfilled when:

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

- two (2) months after the non-payment by the Tenant, as the Owner, you will take legal action for eviction before the competent courts (by filing the corresponding lawsuit), in accordance with current legislation, in order to recover possession of the Accommodation and, if applicable, to recover the unpaid amounts.

(iii) If the Tenant is evicted or voluntarily leaves the Property and the termination date of the Rental Agreement has not taken place, the Early Move-Out Policy of the Accommodation will apply, in accordance with the provisions of the SPOTAHOME Standard Owners Guarantee contained in our Terms and Conditions.

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

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

(i) the Tenant must have incurred a delay of more than fifteen (15) days since the due date of the payment obligation; and,

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

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

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

2 - Copy of the Rental Contract signed by both parties.

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

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

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

6 - A certified copy of the eviction lawsuit filed with the relevant court, if there is a delay of more than two (2) months from the date on which the last payment obligation was due.

What happens if in case of non-payment there are reasons to suspect that the Tenant has abandoned the Accommodation?

If there is evidence that the Tenant may have left the apartment and is no longer living there, SPOTAHOME or the Landlord may inform the other party. In this case, the Landlord shall exhaust all possible means to verify if the Tenant continues living in the property, practicing, by way of example but not limitation, the following actions:

Ring the property doorbell on different days and at different times
Check the mailbox to make sure that there is no correspondence
Ask the neighbors
Leave a note in the property letting the Tenant know the situation, and informing of the need to confirm that they are still living in the property. The Landlord shall provide visual evidence to verify that this step has been completed
Send a burofax

The Owner undertakes to adpot appropriate legal actions in accordance with the applicable regulations.

In those cases if the Owner can prove that the Tenant is still in the property SPOTAHOME will continue to pay the guarantee until the tenant leave the property or the SPOTAHOME booking expires, whichever comes first. If the Landlord can not prove the Tenant is still living in the property, it will be considered an Early Departure in accordance with the provisions of these Terms and Conditions.

In the event the Owner requests the Resident to vacate the property because of payment default or damages or any other conflict caused by the Resident, the Resident will be liable for the payment of the rent for the successive 30 days from the moment the Resident has been requested to leave the Property. This will be valid even if the Resident is exiting the Property at an earlier date.

DAMAGE

This assumption includes those cases in which the Resident causes material damage to the Accommodation as a result of severe negligence during his/her stay, as long as the damage is not due to normal wear and tear due to use.

What amounts does SPOTAHOME guarantee? In this case, SPOTAHOME guarantees you up to a maximum amount of TWO THO THOUSAND FIVE HUNDRED EUROS (€2,500) per property listed on SPOTAHOME. In the case of a ‘shared flat’ rented by rooms, the Accommodation will be understood to be each of the rooms of the same.

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

(i) This Guarantee shall only apply in the event of damage caused by an Tenant who has booked through SPOTAHOME and whose rental has been formalized thirty (30) days prior to the Move-In Date.

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

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

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

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

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

What deadlines do I have to take into account?: As the Owner, you must contact SPOTAHOME within thirty (30) days from:

(i) the date on which the claimed damage occurred; or

(ii) the time when the Tenant has left the Accommodation.

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

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

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

3 - Copy of the receipt certifying 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;

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

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

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

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

8 - Proof of the last two (2) payment receipts from the Tenant;

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

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

18.2.2. Request for Payment

How do I do it?

Without prejudice to the above, any claim or financial request under this Guarantee must in any case be made using the Payment Request form which, as Owner, you must send completed together with the corresponding supporting documentation to [email protected].

How long does it take to process my Payment Request?

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

Subsequently, once your Application has been approved, SPOTAHOME will proceed to pay the approved amounts within a maximum period of thirty (30) days from the aforementioned approval.

What other conditions should I take into account in relation to the Payment Request?

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

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

18.2.3. Other Provisions

What do we expect from you as an Owner of SPOTAHOME?

1. As an Owner, you acknowledge and agree to use your best efforts to communicate with the Tenant as soon as possible, once you become aware that one of the Guaranteed Events has occurred. SPOTAHOME reserves the right to request any additional information to verify that the aforementioned mediation with the Resident has been attempted.

2. Likewise, you must also cooperate with SPOTAHOME at all times by providing the required documentation and responding in a timely manner to any reasonable request for additional information or documentation requested by SPOTAHOME or its representatives in order to properly process your Payment Request. This will enable SPOTAHOME to verify compliance with the requirements contained in SPOTAHOME's General Terms and Conditions in relation to the Payment Request.

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

4. As Owner, you acknowledge and accept that the amount, if any, you receive from SPOTAHOME as Guaranteed Losses will be reduced proportionately if there is any other amount collected and/or pending collection other than this Guarantee, including without limitation:

(i) any amount received under an insurance policy, guarantee or indemnity;

(ii) any amount paid directly by the Resident, any person on his behalf or by an insurer or guarantor of the same;

(iii) the deposit or bond you have retained from the Occupant, as well as any existing bank guarantee or similar security provided by the Occupant or any other person on his or her behalf. As the Owner, you agree and undertake to inform SPOTAHOME of any such amounts. Any failure to inform SPOTAHOME of such amounts will result in the termination of this Guarantee.

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

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

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

8. The Owner shall not assign this Warranty without the prior written consent of SPOTAHOME. Any attempted assignment or transfer of this Warranty without such consent shall be null and void. SPOTAHOME reserves the right to assign or transfer the Warranty at its sole discretion and without restriction.

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

SPOTAHOME reserves the right to inspect any damage before settling the Guarantee, using the services of a Homechecker or collaborator of SPOTAHOME, at SPOTAHOME's discretion. In addition, SPOTAHOME reserves the right to inspect the rental property to verify its existence at the address specified by the Owner prior to settling any default, rental payment or early departure claims. This inspection may be carried out by a Homechecker or collaborator of SPOTAHOME, chosen at the discretion of SPOTAHOME. In the event that the Landlord is the owner or sub-lessor of the property, SPOTAHOME reserves the right to carry out checks on the true owner/entity with the legal right to rent the property. Warranty claims will only be reviewed once these verifications are successfully completed.

19. REASONS FOR FORCE MAJEURE AND GUARANTEES FOR SPOTAHOME RESIDENTS

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.

19.1. Reasons for force majeure

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 Booking 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 and other severe and anomalus 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.

In this section, cancellations are only allowed for the events and circumstances described above. Everything else is totally excluded. For information purposes, the following situations will not be covered:

Unexpected illness, sickness or injury.
Government obligations such as jury duty, court appearances or military duties.
Travel warnings or other governmental guidance (short of a travel ban).
Cancellation or rescheduling of an event for which a reservation was made.
Transportation disruptions, such as road closures, as well as flight, train, bus and ferry cancellations.

Therefore, if a User cancels a reservation in the above cases, the amount refunded will be determined according to the cancellation policy that applies to the Booking Request.

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

19.2. 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.

20. USER VERIFICATION

By agreeing to these Terms, SPOTAHOME reserves the right to undertake identity, residency, financial stability, credit worthiness and fraud checks of users 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 in order to comply with 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 or the Service Fee paid for the booking. SPOTAHOME may, at its discretion, cancel the booking and retain the Reservation fee or the Service 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 or the Service 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.

21. SECURITY DEPOSIT PROTECTION POLICY

All reservations confirmed through our Platform from July 6, 2024 onwards, will be protected by this Security Deposit Protection Policy. The main purpose of this Policy is to provide coverage to Tenants in relation to their security deposit paid to the Landlord, subject to compliance with the conditions specified herein. In this way, it seeks to ensure the protection of Tenants in the event of disputes related to the deposit.

21. 1. Coverage amount

The amount covered by SPOTAHOME will be the full deposit as stated on the listing page. This coverage is contingent upon the tenant meeting all the conditions outlined in the following section.

21. 2. Eligibility for Deposit Protection

To be eligible for the deposit protection policy, tenants must provide visual evidence of the property's condition within 48 hours of the move-in date.

Visual evidence refers to photographic or video documentation of the property's condition, which should clearly show the state of the property, including any pre-existing damages or issues, to establish a record of the property's condition at the start of the tenancy.

SPOTAHOME will only cover the tenant's security deposit if this evidence is clear and submitted within the specified timeframe.

21. 3. Exclusions from coverage

Damage reported in areas of the property not documented by the tenant during the move-in process will be excluded from the security deposit protection policy.

21. 4. Compliance with Rental Contract

SPOTAHOME will not guarantee the tenant's deposit if the tenant fails to adhere to the original conditions of the rental contract. This includes, but is not limited to, adherence to the move-out date, timely payment of utility bills, and any other conditions that may incur additional costs for the tenant or the landlord caused by a decision or action by the tenant.

21. 5. Coverage payment period

SPOTAHOME will process and pay the coverage amount within 60 days from the date the coverage is requested, provided that the legal timeframe for returning the deposit in the market where the property is located has not yet expired.

By adhering to these conditions, tenants can ensure that they are covered under SPOTAHOME's deposit protection policy. For any queries or further clarification, please contact our customer service team.

TERMS AND CONDITIONS OF THE "PLUS" SERVICE

1. OBJECT

The “PLUS” service is intended to protect the Owner, as well as to relieve him of the management of possible defaults by the Tenant.

SPOTAHOME is not acting as an insurance for the Landlord. SPOTAHOME will, subject to compliance with the conditions set out herein, advance the monthly rent to the Landlord, collect 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).

2. "PLUS" SERVICE

2.1. 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.

2.2. Guarantor or Guarantee service - provided to the Tenant.

SPOTAHOME will validate identity and residency, as well as 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.

2.3. 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 move-in date until the move-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. This is provided that the Tenant continues to stay in the Property, up to the maximum defined in clause sixth, and the requirements in clause third are met by the Landlord.

To provide this service, SPOTAHOME will manage the monthly rent collection on behalf of the Landlord.

The first month will be settled by the First Payment by the Tenant through the SPOTAHOME platform that he/she makes at the time of the booking. This will be settled to the Landlord after deduction of SPOTAHOME's Service Fee and within forty eight (48) hours after the Tenant's move-in, 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 Landlord 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 the Plus Plan subscription.

2.4. Damages protection

The Guarantee that SPOTAHOME will be formalised with 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.

3. OBLIGATIONS OF THE LANDLORD

3.1. Comply with the guarantee conditions

The Landlord, 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 Landlord must have received written confirmation from SPOTAHOME that the tenant has been approved by our verification process prior to tenant’s move-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 Landlord shall consult SPOTAHOME before arranging the Tenant's move-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 being a key requirement for claiming defaults or damages. For clarification porpuses, 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 Landlord undertakes to include the clause set forth in Annex I of these Terms and Conditions of Service ‘Plus’ in the tenancy agreement to be signed with the Tenant.

Furthermore, is hereby stated that the Tenancy Agreement must be signed by both parties thirty (30) days prior to the move-in date.

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 move-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 Landlord 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 move-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 Landlord further acknowledges that for the Guarantee to be effective, the Landlord must either possess ownership or legal rights to lease or sublease the property. Failure by the Landlord 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.

3.2. Obligation to inform SPOTAHOME of any changes in the tenancy agreement

Any modifications that imply or may imply changes in the tenancy agreement such as but not limited to:

(a) Tenant leaves the Property earlier than agreed (“Early Exit”);

(b) the Tenant does not move in the agreed date (“No Show”);

(d) the Tenant wishes to extend the booking (“Booking Extension”); or

(e) the Tenant wishes to modify the dates of move-in or date of move-out; or

(f) 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 Landlord fails to do so, the following consequences might take place:

(i) the rent payment might be withheld by SPOTAHOME until SPOTAHOME clarifies the situation with the booking;

(ii) penalties may apply to compensate SPOTAHOME for administrative costs; and

(iii ) Plus service Guarantee may not be applicable.

Notwithstanding the foregoing, 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 Landlord 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.

4. INVOICING AND PAYMENT OF THE FEE FOR THE PLUS PLAN

SPOTAHOME will charge the Plus Plan fee to the Owner by deducting such amount from the first month's reservation payment made by the Tenant. The latter, in turn, will be paid to the Landlord forty-eight (48) hours after the Move-In Date.

In the event that SPOTAHOME offers the Tenant to pay the Plus Plan fee in monthly installments, SPOTAHOME will notify the Tenant and SPOTAHOME will thereafter collect the monthly installments of the Plus Plan fee from the Landlord by deducting such amount from each of the monthly payments paid by the Tenant and passed on to the Landlord (deducting the Plus Plan fee from the monthly installments) on the first five (5) business days of each month, every month from the Move-In Date until the Move-Out Date.

5. GUARANTEE COVERAGE

The maximum Guarantee’s period of coverage is for the entire lease term agreed in the booking closed at SPOTAHOME platform. 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.

5.1. Value of the total coverage

The value of the total coverage of the Guarantee under this contract, in accordance with the points aggregated below, 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.

5.2. 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 Service Fee if not yet paid in the First Payment) while there is a default, from the moment the Tenant stops paying until the move-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 move-out date via SPOTAHOME) will not be covered by this guarantee.

5.3. 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 Landlord 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 move-out of the Tenant, with the aim of being covered by the Guarantee.

5.4. 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, at its sole discretion, will return to the Landlord 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.

5.5. 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;

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.

6. 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.

7. CLAIM PROCESS

7.1. Damages

The Landlord shall provide SPOTAHOME within thirty (30) calendar days of notification of damage, 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 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;

SPOTAHOME will always contact the Resident and any relevant third parties necessary to verify the information submitted by the Owner.

7.2. Defaults

Copy of the Rental Agreement signed by the parties and signed;
Copy of the receipt proving that the security deposit constituted by the Resident 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 Tenant, if more than one month has passed since the due date of the first failed /missed 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. 7.3. Early exit
Copy of the Rental Agreement signed by the parties;
Copy of the receipt proving that the security deposit constituted by the Resident 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.

8. 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.

9. ASSIGNMENT

The parties expressly provide that the Landlord 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.

10. 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

Deposit clause 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.”

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.

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

1. OBJECT

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

This service is intended to protect the Owner, as well as to relieve him of the management of possible defaults by the Tenant.

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).

2. "PREMIUM" SERVICE

2.1. Market the property for rental

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.

2.2. 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.

2.3. Twelve (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.

2.4. 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.

Regarding 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.

3. OBLIGATIONS OF THE LANDLORD

3.1. Comply with the guarantee conditions

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

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 clarification porpuses, 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 Landlord undertakes to include the clause set forth in Annex I of these Terms and Conditions of Service “Premium” in the tenancy agreement to be signed with the Tenant.

Furthermore, is hereby stated that the Tenancy Agreement must be signed by both parties thirty (30) days prior to the Move-in Date.

f) In the event of defaults (non payments, damages or early move-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 Landlord further acknowledges that for the Guarantee to be effective, the Landlord must either possess ownership or legal rights to lease or sublease the property. Failure by the Landlord 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.

3.2. Obligation to inform SPOTAHOME of any changes in the tenancy agreement

Any modifications that imply or may imply changes in the tenancy agreement such as but not limited to):

(a) Tenant leaves the Property earlier than agreed (“Early Exit”),

(b) the Tenant does not move in the agreed date (“No Show”),

(d) the Tenant wishes to extend the booking (“Booking Extension”) or

(e) the Tenant wishes to modify the dates of move-in or date of move-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 Landlord fails to do so, the following consequences might take place:

(i) the guarantee might be withheld by SPOTAHOME until SPOTAHOME clarifies the situation with the booking or may not be applicable;

(ii) penalties may apply to compensate SPOTAHOME for administrative costs

In the event that any of the aforementioned requirements included in this clause are not met, the Guarantee coverage will not occur, and the Landlord 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.

4. INVOICING AND PAYMENT OF THE FEE FOR THE PREMIUM PLAN

SPOTAHOME will charge the Premium Plan fee to the Owner by deducting such amount from the first month's reservation payment made by the Tenant. The latter, in turn, will be paid to the Landlord forty-eight (48) hours after the Move-In Date.

5. GUARANTEE COVERAGE.

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

5.1. 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.

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

5.2. Payment defaults

In case of nonpayment of the rent, the Landlord 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 move-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.

5.3. 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 Landlord 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 move-out of the Tenant, with the aim of being covered by the Guarantee.

5.4. 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, at its sole discretion, will return to the Landlord 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.

5.5. 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;

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

7. CLAIM PROCESS

7.1. Damages

The Landlord 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 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. 7.2. 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 first failed /missed 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. 7.3. 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.

8. CONFIDENTIALITY.

9. ASSIGNMENT

10. JURISDICTION

Annex I

Clauses to be included in the tenancy agreement

Deposit clause 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.”

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.

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.”

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