Terms of use and Privacy Policy and Cookies

1. Ownership of the Site

COKIDOO STUDIOS S.L.U. (hereinafter, the "Company") is a company with registered address at Calle Fernando Alonso Navarro 12, 1º. 30009 , Murcia, Spain, with phone number +34 694 472 462 and Tax ID Code is ES9B73614364, and registered in the Mercantile Register of Murcia in Volume 2580, Section 9, Sheet 273, on Page 115. You can contact the company at the e-mail address [email protected]

ERASMUS® is a registered trademark and owned by the European Union represented by the European Commission. This website is not associated in any way with the ERASMUS® trademark, with the European Union or the European Commission.

Erasmusu was acquired in 2018 by the English group of companies Spotahome (hereinafter referred to as the "Group"). Our platform advertises accommodation from both Erasmusu and Spotahome. By registering on Erasmusu and using the accommodation services, you also agree to the application of Spotahome's Terms and Conditions with respect to bookings of those accommodations that belong to Spotahome and are marked with the label "powered by Spotahome". You can consult Spotahome's Terms and Conditions at the following link.  

2. Purpose and acceptance of the Terms

These conditions of use (the "Terms"), together with the Privacy and Cookies Policy govern access to the website https://erasmusu.com/ (hereinafter, the "Site” or "Erasmusu" interchangeably), as well as the use of the services offered by the Company (the "Services") to the user (hereinafter, the "User") via the Site.

By accessing the Site or using the Services, you acknowledge that you have read and accepted the Terms in their entirety. If you disagree with these Terms or any part or clause thereof, you must immediately cease your access and use of the Site or the Services. The access and use of the Services by the User is subject to his acceptance, without any reservation whatsoever, of these Terms.

Unless otherwise stated in these Terms, they may be modified at any time by the Company. The date at the beginning of these Terms refers to the latest update of these Terms. If you continue accessing or using the Services once the new version of the Terms has entered into force, it is understood that you have read and accepted them without any reservation.

Certain features of the Services or the use of certain Services may be subject to specific conditions that will supplement or, should they be contrary to the provisions herein, replace the content of the present Terms and shall be considered accepted when the User uses the relevant feature or Service.

The Privacy and Cookies Policy is applicable to the collection and use of personal data.

3. Terms of Access and Use

By accepting these Terms, the User declares that he is over 18 years of age and has full legal capacity to assume and comply with the provisions in these Terms. If you are under 18 years of age, please do not access or use the Site or the Services.

The User agrees to use the Services and the Site in accordance with the law, these Terms, in good faith and in a manner that is respectful to third parties.

The User undertakes not to use the Services or the Site negligently, fraudulently or for the purpose of breaking the law. Similarly, the User undertakes not to carry out any conduct that could damage the image, interests and rights of the Company or of third parties.

The User shall not interfere with the operation of the Site or the Services, in particular, impersonate another User or person. The User undertakes not to perform any act that affects, disables or overloads, impairs or prevents the normal use of the Site or Services, affects its security or that hinders or interferes therewith. The following -- by way of an example, but not limited thereto -- is absolutely prohibited: reverse-engineer, decompile, disassembly, reproduce, translate, modify, version, market, duplicate, transform or transmit to any person or entity, partially or in its entirety, in any form or by any means, whether mechanical, magnetic or any other, or delete any notice of ownership or tags of the Site, and-- by way of example, but not limited thereto -- the following: logic diagrams, source codes, data object and/or model, or carry out any other access and use the Site or the Services that is contrary to its/their normal operation for personal purposes or that unreasonably harms the interests of the Company, including the use of computer software, robots, web crawlers or data mining systems, or may he modify or create works deriving from or based on the Site or on any of the parts thereof without the prior express written authorisation of the Company, even when one of these actions is necessary for interoperability with other programs, independent telematic applications, or even other sites. It is also prohibited to obtain or attempt to obtain the content of the Site (including User Content, as this term is defined below) using techniques or means different to those that entail the usual method of use or those expressly authorised by the Company.

It is the responsibility of the User to verify, prior to use, that the Services fit his needs.

Due to the Internet's special configuration, the Company cannot guarantee and does not guarantee the availability and continuity of access to the Site, which may become inoperative or inaccessible for any reason -- and by way of example, but not limited thereto -- due to the following: (i) malfunction of software or computer applications or equipment (ii) servicing procedures or periodic or extraordinary repair or (iii) other reasons beyond the control of the Company or that are not reasonably predictable. However, whenever possible, the Company shall give prior notice of the possible interruptions of the Services. Any interruptions of the Services that are caused voluntarily by the Company in order to carry out servicing or updating shall be limited to the time strictly necessary and shall be done preferably during the hours in which there is less probability of the Services being used.

4. Registration

To use certain Services, the User must register, create a user and password; the User must provide a valid email address, through which he will receive any notifications concerning the Services and which shall be their communication mean with the Company.

The User undertakes to provide the information required for registration that is compulsory and also to provide information that is accurate, complete and up-to-date. It is the responsibility of the User to maintain the aforementioned information up to date in the appropriate manner. If the User provides, or the Company has reason to suspect that he has provided information that is false, incomplete or not up-to-date, the Company may suspend or terminate his registration.

The User must safeguard his password, treat it confidentially and not disclose it to other people. Other Users must not be allowed to access from the User's account nor may he use the account of another User.

The User is responsible for whatever is done from his account by means of any device. If the User suspects that another User is using his account, he must inform the Company immediately.

The Company may suspend or cancel the User's account if it considers that the User has breached these Terms. The Company reserves the right to cancel the User's account, including disabling the partial or total use of the Site, or of its content, by the User if the User makes misleading or fraudulent use of the Site or the Services that does not meet these Terms.

Erasmusu was acquired in 2018 by the English group of companies Spotahome (hereinafter referred to as the "Group"). Our platform advertises accommodation from both Erasmusu and Spotahome. By registering on Erasmusu and using the accommodation services, you also agree to the application of Spotahome's Terms and Conditions with respect to bookings of those accommodations that belong to Spotahome and are marked with the label "powered by Spotahome". You can consult Spotahome's Terms and Conditions at the following link.  

5. Content Rules

Through the Services, Users may:

  1. Create, host, share, publish, update, delete or make content (hereinafter, the "User Content") available in accordance with the conditions established by the Company at each time.
  2. Access to content published by other Users.

The User undertakes and guarantees that he shall comply with the following rules when using the Services:

  1. The User Content must be relevant, respectful with the rights of third parties at all times, not against the law, morals and public order and in compliance with these Terms. Users must be aware that they are solely and exclusively responsible for what they store and publish through the Services and that the User's content may be accessible by third parties. If the User publishes an advert for accommodation or any other service, the User is the only party responsible for making it available and for having all the relevant licences, authorisations and permits.
  2. The User is authorised to share the User Content because he owns it and it is the User's own creation.
  3. User Content shall not infringe the rights of third parties.
  4. User Content must not be published for purposes other than those envisaged for the Services.
  5. User Content must not include viruses, worms or any type of code of a destructive nature.
  6. User Content must comply with technical requirements and conditions established by the Company at each time.
  7. The User undertakes not to publish or upload any User Content that contains material whose possession is illegal, or whose use is illegal for the Company in relation to the provision of the Services.
  8. The User undertakes to comply with any condition established, where applicable, by third parties for the use of the User Content and is the only party responsible for complying with these conditions.

The User acknowledges and agrees to be solely responsible for the User Content and the consequences of its publication. The Company does not endorse any User Content or any opinion, recommendation or advice expressed in connection therewith, expressly excluding any responsibility relating to User Content.

The Company merely hosts the User Content that complies with the technical conditions of the Services. Accordingly, the Company does not edit, select, review, control, guarantee, approve or identify with the User Content. If you wish to enquire about something related to the User Content or believe that it infringes on a right, does not comply with these Terms, or that it is inappropriate, you may do so by contacting the Company at the email [email protected]

Notwithstanding that the Company is not obligated to conduct a general supervision of the User Content, the Company reserves the right to verify prior or subsequent to its dissemination the publications thereof and to modify or delete, total or partially and at any time, any User Content that, in its judgment, breaches these Terms or may be offensive, illegal or infringe on the rights of any parties.

6. Links to sites owned by other parties

The links in the Site will take you to sites owned by, or for which responsibility lies with, third parties other than the Company and are not the responsibility of Company which in no event undertakes to monitor or approve the content, services, products, data, files, products or any kind of material existing in such third-party sites. Therefore, the Company shall not be liable under any circumstance for the legality of the content of these sites, and everything that concerns the content of that link, especially with respect to the law, ethics, social mores and public security, shall be the exclusive responsibility of the third party.

7. Advertising on the Site

Third-party content, advertising, offers and promotions shown on the Site shall be the sole responsibility of the advertiser.

8. Intellectual Property

The Company is the owner or, where applicable, has the relevant licences to exploit the intellectual property of the Site and of the Services, as well as all of the content offered on the Site, including, but not limited to: the Site itself, text, photographs or illustrations, logos, trademarks, graphics, designs, interfaces or any other information or content, and the Services.

Unless expressly authorised, the User is prohibited from reproducing for other purposes, as well as distributing, transforming, creating derivative works of any kind, communication to the public, making available, mining, reusing or making any other use the Site or any of the Services or any parts thereof.

When the User stores or publishes any User Content, the User grants to the Company, who accepts, a non-exclusive, royalty-free, transferable worldwide licence (with right to sub-license to any third party), throughout the effective period recognised under the applicable regulations to:

  1. Access, use, host, reproduce, modify, transform, update, translate, publish, distribute, delete, include or make available the User Content, in whole or part, through the Site or the Services or through third-party sites with which the Company agrees the publication and making available of the User Content including, but not limited to for the commercial promotion and exploitation of the Site in any format and through any communication channel.
  2. The carrying out of technical or maintenance activities necessary for the fulfillment of the above.

The User guarantees that it holds all the necessary authorisations and rights on the User Content for its storage and publication through the Services and for the granting of the licence above. Therefore, the User shall hold the Company harmless from any infringement of third-party intellectual property rights that may occur due to the publication of the User Content on the Site.

Furthermore, the User authorises the Company to publish and use in accordance with these Terms his user name in relation to the User Content published.

In the event of any claim related to User Content published through the Site or the Services, you may contact the email address [email protected] or use the reporting systems indicated on the Site or in the Services.

9. Responsibility

The User acknowledges and accepts that he uses the Site and the Services at all times at his own risk and under his own responsibility, and thus the Company is not liable for any misuse, abuse or use contrary to these Terms that may make thereof.

The User shall be responsible for any damages to the Company arising as a consequence of his use of the Site and the Services in breach of these Terms and undertakes to hold the Company and its managers and staff, agents and representatives harmless from any liability they may incur as a result of such breach by the User.

The Company does not guarantee the availability and continuity of the operation of the Site and the Services, or their reliability, accuracy or correctness or their usefulness for a specific purpose or activity. To the extent permitted by applicable regulations, the Company excludes any liability for damages of any nature that may result from this.

The Company is not liable for the damages that may arise from, including, but not limited to, the following:

  1. Interruptions, viruses, failures, interference, omissions or disconnections from the electronic system, the communications system or its equipment for reasons unrelated to the Company.
  2. Delays or blockages in the use of the Site and Services due to deficiencies or overloads in Internet, in the lines or in the electrical or communications systems.
  3. Actions of third parties.
  4. The impossibility of accessing the Site or the Services due servicing or updating work.
  5. Any other situation outside the control of the Company.

Save for wilful misconduct, and in cases in which due to the specific circumstances of the User involved or the nature of the matter, applicable law provides that liability cannot be limited by agreement, use of the site, and the services is at the User’s sole risk and Erasmusu shall not be liable for any damage of any kind caused to the User as a result of using the Site or the Services.

Regarding the User’s Content, the Company acts exclusively as a provider of a service consisting of allowing the Users to store and publish such User Content. Liability for the storing or publishing in the Site of the User Content or any other information, data, text, software, sound files, pictures, graphics, videos, news or other materials included in the Site, lies exclusively in the User who stores or publishes the relevant content, except in the specific circumstances provided by applicable law.

The embedding of links on the Site or Services does not imply any relationship, recommendation or supervision by the Company of the linked website and accordingly, the Company does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by applicable law.

10. Erasmusu Services

10.1 Booking of Accommodation

Erasmusu was acquired in 2018 by the English group of companies Spotahome (hereinafter referred to as the "Group"):

  • Our platform advertises accommodation from both Erasmusu and Spotahome. By registering on Erasmusu and using the accommodation services, you also accept the application of Spotahome's Terms and Conditions regarding the booking of those accommodations that belong to Spotahome and are marked with the label "powered by Spotahome". 

Spotahome's Terms and Conditions are published in section 14 of this page and can be found at any time at the following link on the Spotahome website. Please read them carefully. If you are a Resident (or tenant) please pay special attention to clause 10 Resident Cancellation Policy. If you have any questions, you can also consult the Spotahome Help Centre.  You can also contact the Spotahome Support Team via this form.


  1. Booking management with Erasmusu

Booking accommodation is a service that Erasmusu offers to Users who want to book accommodation in advance, (for this purpose, hereinafter "Accommodation User") from other Users publishing adverts for accommodation on the Site and that accept their advance booking (hereinafter "Accommodation Provider"). The Accommodation Provider, who may come from SPOTAHOME S.L.U, corporate group, and in accordance with these Terms of Use and the Privacy Policy of Spotahome SLU, has given their consent to the transfer or communication of their data, in the provision of services to Accommodation Users by Erasmusu.

Any Accommodation User wanting to use this service shall pay one month's rent in advance (the "Booking"), which shall be that expressly indicated by the Accommodation Provider in the advert published, with the Company applying an amount as a service commission (the "Service Commission"), information on which shall be provided prior to the contracting of the Booking. The Accommodation User agrees not to circumvent or attempt to evade the payment of the Commission Service. The Accommodation User will find, after the initial accommodation and period of Booking -on a monthly basis- selection procedure, a section set aside for making the Booking, with the amounts appropriately detailed and with the VAT for the Service Commission already included. He will also find the payment methods valid at each time. The Company shall temporarily hold the Booking in the Supplier's name.

When making a reservation, the Accommodation User will be asked to provide either to us or to one of our payment solutions providers with the billing information, i.e., the name, address and billing details for the payment method. The Accommodation User agrees to pay us the amount of the Booking and the Service Commission in accordance with these Terms through one of the forms available on the payment platform at each time). By means of this document, the Accommodation User authorises us to collect these amounts through the modality of payment stated on the Booking request, either directly or indirectly, through one of our online payment solutions providers.

The Accommodation User authorises us to store the information indicated in his payment method and to charge him with the amounts that apply as set out in these Terms.

Notification of the accommodation Booking shall be made to the Accommodation Provider via email. Within two working days, the Accommodation Provider may accept or reject the Booking. Should it be rejected or not expressly approved, the Company shall suggest other available accommodations to the Accommodation User. Should the Accommodation User not agree, the Company shall return all amounts, except bank commissions or differences arising from exchange rates that are applicable.

The Accommodation Provider must be available to respond promptly to requests made on the Site. Should this not be possible, he must temporarily suspend the advert. We reserve the right to suspend adverts or cancel Bookings in the event that, at our exclusive discretion, an Accommodation Provider does not interact properly and causes one or more Accommodation Users to have doubts about the fulfillment of a pending Booking.

If the reason for the rejection were due to the unavailability of the accommodation, the Company shall allow the Accommodation Provider to offer to the Accommodation User other accommodation it may have published on Erasmusu, provided that the characteristics are similar to or resemble that originally chosen by the Accommodation User. The Accommodation Provider undertakes, should the Accommodation User accept the change, that this shall be done through the Site. It is totally prohibited for the Accommodation Provider to request a payment to be made through channels outside the Site or to make available other possible accommodation that had not been previously uploaded to the Site.

Furthermore, if the Accommodation Provider communicates after the acceptance of the Reservation, or even before accepting it, the unavailability of the accommodation, the Company will offer the Accommodation User other accommodation on Erasmusu or SPOTAHOME, in accordance with these Terms of Use. Therefore, Erasmusu will allow the User to confirm the Booking for an alternative Accommodation, after receiving the agreement of the corresponding Provider.

The Site contains adverts provided by the Accommodation Providers. The Company is not responsible for the content of these adverts as it merely facilitates access to such content as a service to the Accommodation User. 

  1. Management of the Payment to the Accommodation Provider

The amount paid for the Booking shall be prepared to the Accommodation Provider in the terms set out in this section after confirmation by the Accommodation User of his arrival, two days after the expected entry and after notification by the Accommodation Provider to the Company of the Accommodation User's arrival. A commission, individually agreed between Erasmusu or SPOTAHOME and the Accommodation Provider, shall be deducted from this amount (the "Accommodation Provider's Commission").

The Accommodation Provider appoints us as collection agents for the sole purpose of collecting on his behalf any payments made by the Accommodation Users for the Booking. The Accommodation Provider undertakes to provide the Booking and the accommodation to the Accommodation User as agreed as if it had received the funds directly from the Accommodation User. The fact of agreeing to be the Accommodation Provider's collection agents does not entail us assuming any liability for the acts or omissions thereof.

If the Accommodation Provider owes us or agrees to pay us an amount (as the result of bookings or for another reason), we can deduct that amount from the amount we must pay him. By making this deduction, our obligation to pay such amount to the Accommodation Provider shall be extinguished.

Some payment service providers may impose additional charges for the use of their services, which may include a deduction made from the payment that was made to the Accommodation Provider. We do not assume any responsibility for such charges or for the provision of third-party payment services or any faults that may occur. In particular, we are not responsible if a payment services provider decides to reject the Accommodation User's payment based on the assessment of risks it makes regarding the said Accommodation User. The Accommodation Provider may not demand any type of responsibility from us for the losses incurred as a result of the use of such services or solutions. If he needs assistance from customer service in connection with an online payment service, he must contact the relevant vendor to obtain help.

Once the Accommodation Provider has fulfilled the first Booking without incidents, in the following Bookings with the said Accommodation Provider, payment for the Booking shall be done immediately, once he submits proof to the Company of the signed rental contract. This rule does not apply to Bookings whose Accommodation Providers have a Flexible Cancellation Policy. They will be able to present the contract signed by both Parties and claim the payment of the first month's rent only from 29 calendar days prior to the check-in date, indicated on the confirmed Reservation form.

However, if the Supplier comes from the SPOTAHOME Website (Clause no. 10 of Spotahome Terms and Conditions), the transmission of the payment for the Reservation will be made  immediately, once proof of the signed rental contract has been presented to the Company, i.e. even on the first Reservation.

The rest of the transactions and payments arising from the Booking, such as the security deposit, invoices for common expenses, or any other item, shall be the direct responsibility of the Accommodation User and the Accommodation Provider and shall be made directly between Accommodation User and Accommodation Provider without the intervention of the Company.

Once the Booking is paid, deducting the corresponding Accommodation Provider's Commission, any obligation of the Company is extinguished and we do not assume any responsibility concerning the accommodation.

If the payment for Booking is never in the possession of the Company due to it having been retained and/or returned to the Accommodation User via any of the means of payment provided on the Site, the Booking shall be deemed cancelled, irrespective of whether the Accommodation Provider had accepted the initial Booking. The Company disclaims any responsibility in this case, since it means that no Booking whatsoever had been made. Furthermore, in case we cannot collect the Booking, the Company may carry out the appropriate actions and demand it from the User.

  1. Erasmusu Cancellation Policy

Our cancellation policies are visible in these Terms of Use at all times.

If the Accommodation User requests cancellation of the confirmed Booking, Erasmusu will apply the Cancellation Policy chosen by the Accommodation Provider:

(i) Standard cancellation policy: If a Standard policy has been chosen, the booking is binding and the amount paid is non-refundable in accordance with Article 16 of Directive 2011/83/EU of the European Parliament and of the Council of 25th of October of 2011. Once the Accommodation User has made the Accommodation Booking and the Provider has accepted it, the service shall be deemed to have been provided and the right of withdrawal does not apply. 

(ii) Flexible cancellation policy: If a Flexible policy has been chosen, the month's rent paid is refundable up to 30 calendar days before the date of arrival - indicated on the booking form. (Service fee not included. We will keep the service fee for use by the User for the next 12 months, and offer solutions and alternatives if required by the User). Outside this period the payment is non-refundable. Accommodations with flexible cancellation policy are duly detailed in the booking form.

Also, If the accommodation has a Flexible Cancellation policy and the Accommodation User needs to postpone the dates, Erasmusu will help in order to change the dates without the need to make any extra payment. The change may be requested within 30 calendar days before the supposed check-in date, insofar as the accommodation is available and the Accommodation Provider accepts the change.

All Bookings made by the Accommodation User shall be made through Erasmusu and the subsequent rental contract shall be concluded directly with the Accommodation Provider. 

Each contract shall govern the right of the Accommodation User to occupy and use the property. The Company shall not propose nor be a party to any rental contract, and it is the responsibility of the Accommodation User and the Accommodation Provider to ensure the legality and suitability of such contract to their interests, and the Company shall not assume any liability with respect to the Accommodation User regarding the availability of accommodation or compliance by the Accommodation Provider or with respect to the Accommodation Provider for the fulfilment of the rental contract by the Accommodation User. We do not endorse, support or warrant the truthfulness, accuracy or reliability of the information that appears in the adverts of the Site or any opinion or other material published on the Site by third parties.

The non-conclusion of the rental contract between the Accommodation User and the Accommodation Provider is not sufficient condition for a potential return of the Booking, since signing this contract of rent will not be necessary for the Booking to be binding, since it will be considered that the Service by Erasmusu (making the Erasmusu platform available to users) has been effectively provided. 

The Company shall not be liable in relation to the application, obtaining and/or refusal of any visa or administrative document that the Users may need to manage, in relation to their stay in a certain Country and shall not be obliged to produce any additional document in relation to any of the reservations made on its platform. Likewise, the refusal of that visa or any other administrative document to the User shall not constitute a cause of force majeure that justifies the cancellation of the reservation and the non-application of any penalties that may apply.

The Company assumes no responsibility whatsoever regarding the verification of the identities of the Accommodation Provider or of the Accommodation User. Although we encourage the Accommodation User and Accommodation Provider to communicate directly using the tools available on the Site, this does not guarantee the identity of the person with whom one is communicating. We recommend that Users take other reasonable steps to ensure the identities of the relevant Accommodation Provider/Accommodation User and of the accommodation, as well as of the relevant details of the Booking or Booking proposal. Our communication tools and payment gateways are essential tools that we offer to Users to protect them online. If the User does not use the tools we provide, the User shall be solely liable for any incident. In particular, the Accommodation User undertakes not to pay any Accommodation Provider via an instant transfer of funds and we recommend that you inform us in case any Accommodation Provider proposes to do so. ERASMUSU will not be responsible for any payment made by the User outside of our platform. 

With regard to the foregoing cancellation policies, the only applicable exceptions will be those based on Force Majeure.

Causes of Force Majeure 

  1. Grave illness, severe physical accident or death of the User, first-degree relative, the person designated for the custody of minor children and/or incapacitated persons.
  2. Serious damage to the Accommodation. 
  3. Any other cases that arise suddenly and unpredictably and are unavoidable to the will of the parties. In the case of Erasmusu Accommodation, this category includes all those situations which, in compliance with what is described in this clause, prevent the Landlord from offering their Property for rent and/or the Tenant from accessing the booked Accommodation on the scheduled Check-in Date. By way of example, but not limited to, these circumstances may include natural disasters, terrorism, security threats at the location of the Accommodation, epidemics and/or outbreak of a disease, travel restrictions as a result of any of the above circumstances, among others, the extent of which affects the Landlord and/or the Tenant, as indicated below.

All of these cases will be evaluated specifically and individually by Erasmusu's agents in the event that the User finds themselves in any of these situations, Erasmusu reserves the right: (i) to request from the User the documentation that, based on the specific circumstances, is considered relevant by the Erasmusu team; and/or, (ii) if applicable, to directly authorise the cancellation of the booking by the affected party without penalty.

Any decision regarding the above situations will always be defined on the basis of official communications from the relevant authorities at any given time.

  1. User's of Accommodation Complaint and Refund

The Company grants the Accommodation User the possibility of claiming the Booking, if it is claimed within 24 hours of the scheduled entry date, providing tangible evidence, when any of these circumstances arises, if it is claimed within 24 hours of the date of scheduled entry date:

  1. An essential error in the address of the accommodation or a remote location with a distance greater than five hundred (500) meters.
  2. Essential differences in the description of the housing.
  3. Inclusion of false photographs in the identification of the dwelling.
  4. Existence of extra costs not included in the advert.

The meaning of "essential mistakes or differences" shall be determined at our sole discretion and, among other exceptions, does not cover the degree of cleanliness of the dwelling, minor differences between the location of accommodation advertised and the actual location thereof, the presence or availability of certain local attractions, or problems with the maintenance of facilities or services.

All these situations are described merely by way of an example, but are not limited thereto, and the Company may evaluate any other circumstances reported by the Accommodation User.

After evaluating the case, if there is one of the scenarios to justify it, the Company undertakes to: (i) help the User to find alternative Accommodation, or (ii) refund the amount paid through the Website. 

The return of the Booking shall be done directly by the Company, once it is provided with the evidence that backs up the reason for the claim. The Company shall make a full return to the Accommodation User if it receives sufficient evidence of bad faith, provided that the Booking is still in the possession of the Company. If the Accommodation User had already signed the Rental contract and the Booking had been transferred to the Accommodation Provider, both Parties must abide by what is stipulated in this contract, holding the Company harmless from all responsibility and the Accommodation User must claim any possible compensation necessary from the Accommodation Provider and in no case from the Company.

The Accommodation User may not request the Company a refund if he requested a counter-charge on his payment card or if he has opened a dispute with the payment service provider in relation to part or the entirety of the Booking.

Until the Accommodation Provider receives a request or booking for accommodation on Erasmusu and accepts, both the Provider and the User undertake not to publish or attempt to send personal contact information (phone, email, external website, trade mark, profile or contact from any social network or messaging platform) to the other party, either via text in the adverts, private messages, photos, another account on Erasmusu or by any other means of communication. Likewise, the Accommodation Provider undertakes not to ask in any case for the payment of the Booking to be made in a way external to the Site. The Company reserves the right to delete the Accommodation Provider's account on Erasmusu if it detects a breach of these terms.

Erasmusu may review, examine or analyse communications between Users on its platform for reasons relating to the prevention of fraud, risk assessment, regulatory compliance, product development, research as well as for customer support purposes. Where possible, automated methods will be used. There may be occasions when it will be necessary to manually review certain communications. Under no circumstances the Company will review, scan or analyse Users communications to send third-party marketing messages, nor will sell comments or analyses of such communications.

Likewise, the Company reserves the right to withhold the Service Commission if any of these circumstances are identified: (i) attempt to exchange contact details or organisation of visit of the Accommodation through the messages of Erasmusu, throughout the Booking process and consequent rejection of the Reservation; (ii) the User rejects the reserved Accommodation due to non-conformity or not-complying with the characteristics indicated and/or required by the supplier, which have been duly detailed in the description; (iii) the User rejects the alternative Accommodation proposed by the user itself or the Erasmusu Agents, if it meets the needs (area/price/basic conditions) of the first accommodation chosen; (iv) rejection, by the Provider, of the Booking, if the request of reservation from the User does not correspond to the profile or the characteristics that have been adequately indicated in the description; (v) the User requests to cancel the booking, pending to be confirmed, within the first 48 working hours (time that the Accommodation Provider has to respond to the booking request). Erasmusu will only refund the first month's rent paid (service fee not included. We will keep the service fee for use by the User within the next 12 months).

We have a contact email in which we will respond to any incident or any query on the Erasmusu's Booking System: [email protected] 

Applicable to Landowners in France

The Company provides the following details for information only which under no circumstances are intended to constitute legal advice of any kind, being the Accommodation Provider the party responsible for obtaining the necessary information related to the regulation applicable to his Accommodation. Should the Accommodation Provider have any doubts or require additional information, the Company suggests contacting the competent authorities of the municipality in which the property is located or a legal professional to obtain relevant legal advice.

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

  • Primary Residence.

The primary residence is the one in which the Accommodation Provider resides for at least eight months (8), unless there are professional obligations, health reasons or reasons of force majeure impeding the duration of the stay. On the other hand, the secondary residence is the one in which the Accommodation Provider does not normally reside and therefore, it is not his place of residence.
If, as an Accommodation Provider, you decide to rent your primary residence, it will be subject to the limitation of maximum rent equal to 120 days per year, and to the previous declaration or registration obligations laid down in Article L324-1-1 of the French Tourism Code. The aforementioned registration number (13 digits) must be published in the corresponding advertisement.Secondary Residence.-

  • Secondary Residence.

By its nature, the secondary residence can be rented as a housing to the Accommodation User, including seasonal and holiday use:

  • Renting a property to an Accommodation User for housing purposes is the typical form of rent, with duration no shorter than one (1) year or nine (9) months in case of students. It is regulated by the Law of 6 July 1989, amended by the ALUR Law from March 2014.
  • Renting a property for seasonal or holiday use falls into the category of “furnished accommodation for touristic purposes” (“aimed at temporary clients, without it being indicated as a place of residence, whose stay is characterised by rental in terms of days, weeks or months”) in accordance with Article L324-1-1 of the French Tourism Code.
  • In order to rent accommodation in this modality a series of administrative procedures must be carried out, among others, the aforementioned previous 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 Article L631-7 and the following Articles of the French Tourism Code.

Before publishing the Accommodation advertisement using the Company’s services, the Accommodation Provider confirms, where appropriate, that he meets all of the previous declaration obligations related to the Accommodation before the relevant municipality and, where appropriate, has the required authorisations to offer it for rent 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 Accommodation Provider must provide the Company with the following documents:

  1. A sworn statement, in which the data provided is clearly stated; additionally, confirming that all of the legal requirements, that are required by the legislation in force to offer the Accommodation for rent, are met and, especially, 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.
  2. The declaration number provided by the municipality in which the Accommodation is located. The number should be published in the Accommodation Advertisement and presented to the authorities that might require it, in accordance with the obligations set forth in Article L324-2-1 of the French Tourism 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 HIS ACCOMMODATION.

The Company reserves the right to remove the Provider's 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 fulfilment of the obligations by the Accommodation Provider.

The Accommodation Provider undertakes to collaborate with Erasmusu 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.

In the event of failure to provide the requested information to Erasmusu by the Accommodation Provider, especially the registration number for its publication in the associated advertisement, Erasmusu reserves the right to set the minimum stay of a year, or 9 months for students, until the aforementioned registration number is provided.

Moreover, the Company informs that the Users who use the Platform or the Application, regardless of their place of residence or establishment, must declare all their income earned as a consequence of using the Company’s services to the appropriate authorities, in a manner and time established for this by the respective regulations.

To make the Accommodation Providers, who use the Company’s services, aware of all of the obligations related to the competent supervisory authorities in respect of taxation, social security and sanctions that may apply as a result of failure to meet these obligations, the Company makes available to the users the following information about the requirements arising out of renting an accommodation related to:

10.2 Language Programmes Reservations

That ERASMUSU EDUCATION, (hereinafter referred to as "Erasmusu Education" or the "Platform"), a trade name of COKIDOO STUDIOS, SL, provides experiential learning programmes to all students (hereinafter referred to as the "Student", the "Students") focusing on languages, travel, cultural exchange and studies. The aim of Erasmusu Education is for all Students to achieve excellent fluency in a foreign language through the completion of an educational programme.

These language programmes may be with or without accommodation and Erasmusu Education can advise the Student on the best choice of programme.

Best price guaranteed

The prices of the programmes offered by Erasmusu Education are the same as those offered by the schools. Students accessing Erasmusu Education will benefit from a 100% online, convenient and secure booking process, without paying any additional costs as the prices of the programmes shown on the Platform are the official prices fixed by the schools. Moreover, thanks to the agreements established between Erasmusu Education and the partner schools, by booking through the Erasmusu Education platform, the student will be able to benefit from additional discounts on their programme. 

Through Erasmusu Education, the Student is offered the best price when booking a programme, guaranteeing Students the security of always making a reservation at the most affordable price. If, in an extraordinary way, the Student finds the programme at a lower price, before making the booking or within seventy-two (72) hours of having booked it, Erasmusu Education will undertake to match the price. To do so, the student must send an email with all the available information to the email address [email protected]. Erasmusu Education will check the rates and will proceed, if necessary, to the corresponding refund or adjustment once all the information received by the student has been validated.

Booking

  1. BOOKING PROCESS

The enrolment for the selected programme will be initiated by sending the online information request form. After receiving this form, an Erasmusu Education agent will contact the student to provide information about the different options offered by the school. Once the student has selected their preferred option, the booking process will be formalised in two (2) steps:

  • Pre-booking: Erasmusu Education will send the student an email with the necessary information to start the booking process. This email will include a link to pay the "Registration Fee". The Registration Fee will consist of a fixed payment of 150 euros, that the Student will pay as a booking fee and that will be subsequently deducted from the total cost of the programme. 
  • Complete booking: Erasmusu Education will then contact the school to complete the booking process. Once all the programme and student information has been definitively confirmed by the school, the student will receive a second email from Erasmusu Education to make the second payment, i.e. the payment of the remaining amount of the total cost of the programme. Once the second payment has been made, the booking process is complete. From this moment on, attendance to the programme will be mandatory for both the school and the student. In the case of bookings made less than thirty (30) calendar days before the start of the programme, the Student will pay the total cost of the programme in a single payment. 

Programme prices will be shown in the local currency of the country in which the chosen school is located. The student must pay for the programme in this currency. Erasmusu Education will not be responsible, in any case, for any bank charges that the Student may have to pay for such payment. In case of payment by bank transfer, the Student shall be responsible for the applicable bank exchange fee. The programme will not be considered paid until the full amount has been received in the relevant local currency. 

The school is solely responsible for the accuracy of the terms and conditions of the programme including any variations in the price. Any questions regarding the terms and conditions can be sent to [email protected].


  1. SCHOOL POLICIES 

By booking a programme, the Student accepts the terms and conditions of the school and the programme itself as well as its internal rules and regulations, being the Student bound by all of them. These terms and conditions are independent of these Erasmusu Education terms of use. The Student can access the terms and conditions of their programme and school at any time via the Erasmusu Education Student Panel or by contacting their agent at [email protected]. In particular, each school/programme has its own cancellation and change policy set at the school' s discretion and independent from Erasmusu Education.

Important: Erasmusu Education strongly recommends the Students to read and understand the terms and conditions applicable to the chosen programme and school, especially regarding changes and cancellations, before starting the booking process.


  1. CANCELLATION AND CHANGE POLICIES.

3.1 CHANGES

Any change requested by the Student with respect to the contracted programme may incur a penalty charge depending on the time at which the change is requested: 

  • Changes requested within forty-eight (48) hours of payment of the Registration Fee (pre-booking): 

In the case of any type of change or modification within this period, no penalty will be charged, either by the school or by Erasmusu Education, as long as the change is not a cancellation. In order to request the change, the student must send an email with all the relevant information to [email protected]. The change will not be considered approved until the corresponding written confirmation has been received from Erasmusu Education. 

  • Changes requested after forty-eight (48) hours following the payment of the Registration Fee (complete booking): 

In the case of any type of change or modification made within the aforementioned period or, in any case, after the payment of 100% of the programme fee, no penalty will be charged to the Student either by the school or by Erasmusu Education, provided that the requested changes or modifications involve an increase in the number of hours of the course or an increase in the course content.  

Changes consisting of (i) changes of programme or school, (ii) reduction of the number of hours or (iii) reduction of the duration of the programme, (iv) modification of the start date of the programme, (v) modification of the person of the Student or (vi) any other change other than the above, including cancellation, may lead to a charge by the school. In any case, Erasmusu Education will assist the Student by mediating with the school, at all times, to try to find a solution. However, if the Student finally decides to request the cancellation of the programme, Erasmusu Education will not reimburse the Registration Fee, which will be retained by the Platform in compensation for the working hours incurred by the Platform with regard to the formalisation of the booking process. 

3.2 CANCELLATIONS

3.2.1. Cancellation at the Student's request.

The User may cancel their booking at any time before the start of the programme. The cancellation must be communicated to the Erasmusu Education agent via email at [email protected]. The cancellation of a programme entails the application of a penalty. 

In the event of cancellation, Erasmusu Education will not refund the Registration Fee in any case with the exception of:

  1. when the cancellation request has been communicated by the Student within forty-eight (48) hours after the payment of the Registration Fee or the payment of the total cost of the programme in the case of bookings made less than thirty (30) days before the start of the programme (pre-booking) or,
  2. when the cancellation request is due to force majeure. 
  3. when the cancellation is made at the request of the school. 

Additionally, the Student accepts that the chosen programme has its own terms and conditions and its own cancellation and change policy to which the Student is bound upon booking. Such policies are established at the discretion of the schools and Erasmusu Education is not responsible for them. 

As a guideline, since the penalty will vary according to the policy of each programme, the deadlines that schools work with are usually as follows:

  • If the cancellation is made more than eight (8) weeks before the start of the programme, the school will refund the full amount paid minus the Erasmusu Education Registration Fee (as indicated in the second paragraph of this section). 
  • If the cancellation is made between four (4) and eight (8) weeks before the start of the programme, the school will refund the total amount paid minus (i) the penalty to be charged if applicable and (ii) the Erasmusu Education Registration Fee (as indicated in the second paragraph of this section). 
  • If the cancellation is made between two (2) and four (4) weeks before the start of the programme, the school will refund the full amount paid minus (i) the penalty to be charged if applicable and (ii) the Erasmusu Education Registration Fee (as indicated in the second paragraph of this section).  However, please note that the Student may incur a higher penalty from the school as the start date of the programme is closer. Generally, in these cases, the cancellation fee will be a total amount of one (1) week of the value of the booking. However, this information is for guidance only; the Student agrees to review the cancellation policy applicable to their programme on a case-by-case basis.
  • If the cancellation is made less than one (1) week before the start date of the programme, no refund will be made.

Once the programme has started, no refunds of any kind will be made by Erasmusu Education or by the school. After the start of the programme, any claim should be addressed to the school as the institution responsible for the programme. Erasmus Education will assist the Student at all times by mediating with the school after the start of the programme. The Student should provide any relevant information for this purpose to their Erasmusu Education agent. 

Claims for reimbursement from insurance companies are determined by the terms and conditions of the contracted insurance, if applicable, and must be communicated directly by the User to the insurance company. Erasmusu Education will be considered as an external party to any insurance contracted by the User in relation to undertaking the course. 

3.2.2. Cancellation due to visa rejection.

In case of a visa denial to the Student, the Registration fee paid to Erasmusu Education will not be refundable. Likewise, the cost of the invitation letter ("Visa Letter") will not be refunded by the school. The refund of the rest of the amounts paid will depend on the policy of each school. 

In any case, the student must send the official documents verifying the visa rejection to Erasmusu Education. 

Note: Erasmusu Education recommends that students who require a visa for the programme book the course at least twelve (12) weeks before the start date of the programme in order to avoid the application of any penalties by the school. 

3.2.3. Other claims.

Erasmusu Education will assist the Student at all times before the contracting of the programme and during the life of the programme in relation to any circumstances that may arise. In any case, the Student accepts that the development of the programme and any other aspect of the programme are the sole responsibility of the school. If the User observes a lack of attention during the programme, they must inform the school management and their Erasmusu Agent as a matter of urgency. In order to mediate with the school, Erasmusu Education will require a copy of the written complaint submitted by the student to the school management. Without such a written complaint, Erasmusu Education will not be able to assist the student in this case. 

  1. LIABILITY OF ERASMUSU EDUCATION

Erasmusu Education shall be liable for direct damages suffered by the Student due to a deficiency directly caused by a failure to fulfil the obligations of Erasmusu Education as an intermediary party between the school and the Student up to a maximum of 150 euros or the amount paid by the Student for the Registration Fee. Any other amount paid by the Student for the booking or purchase of the course must be claimed from the school as the sole beneficiary of the same without prejudice to the payment being managed by Erasmusu Education as intermediary. 

Furthermore, and to the extent permitted by law, neither Erasmusu Education nor any of its managers or employees shall be liable for (i) any indirect damages; (ii) any inaccuracies related to the school's information available on the Erasmusu platform; (iii) the services provided by the school or the accommodation provider or the failure to provide these services; (iv) damages arising from the use or inability to use our website; (v) any possible changes or modifications that schools are bound to make; (vi) any personal injury, death, property damage or other damage attributable to the school or accommodation provider whose services are offered through Erasmusu, including cancellation, strike, force majeure or any other event beyond Erasmusu's control.

11. Updates

The Company may update, modify or eliminate the information contained on the Site at any time, including these Conditions, so it is recommended to consult it on a regular basis, in case of doubt.

12. Applicable Jurisdiction and Legislation

Relations with Users, arising from the provision of services contained on the Site and the use of the Services, are subject to Spanish legislation and jurisdiction unless there is another compulsory regulation. For any dispute, unless when deemed consumers, the Users and the Company shall be subject to the courts and tribunals of Murcia.

13. Privacy and Cookies Policy

13.1. Protection of Personal Data

Pursuant to the provisions of the Spanish Organic Law 3/2018 of December 5, on Data Protection and Guarantee of Digital Rights and the Regulation (EU) 2016/ 679 of the European Parliament and of the Council of 27 April 2016 (hereafter RGPD) we hereby inform that the personal data provided will be be incorporated into Database owned by:

COKIDOO STUDIOS, S.L. (hereinafter ERASMUSU) with Tax ID Number ES9B73614364 and postal address: C/ Fernando Alonso Navarro 12, 1º, 30009 – Murcia - Spain; with phone number +34 694 472 462 and e-mail address: [email protected] 

Rights: As a user you have the right of access, to rectification, erasure, restrict processing and to portability of your personal data, which you can exercise by sending a written request, accompanied by a document confirming your identity, to the aforementioned postal address or by sending an email to [email protected] We also inform that you have the right to lodge a complaint with the Spanish Data Protection Agency.

ERASMUSU will collect the following data provided by the User:

  • CHAT: used to assist users in resolving questions related to the services provided by ERASMUSU. Unregistered users’ data received via chat is not re-used.
    Collected data: email address.
    Purpose: to reply to the requests for information related to the services provided by ERASMUSU that the user sent via this form of communication.
    Storage limitation: the data will be stored until a request for deletion is received from the the User. Once the data is erased it will be kept blocked for a period of six years at the disposal of Public and Justice Administration for the purposes of dealing with any potential liabilities arising from its processing.
    Lawful basis: based on the consent granted to ERASMUSU in order to provide the assistance requested by unregistered users. In case of registered users, based on the existing legal relationship.
  • REGISTRATION form: to use the services provided by ERASMUSU and to enable the users to access all of the website’s content.
    Collected data: name, surname, email address.
    Purpose: to register the users who are looking for some of the contents published by ERASMUSU.
    Storage limitation: the data will be stored until a request for deletion is received from the the user. Once the data is erased it will be kept blocked for a period of six years at the disposal of Public and Justice Administration for the purposes of dealing with any potential liabilities arising from its processing.
    Lawful basis: on the basis of the provided consent, ERASMUSU is entitled to process the data that the User provides via the contact form.
  • REGISTRATION OF LANDLORDS/PROPERTIES: managing registration requests received in different ways from those landlords who decide to request services provided by SPOTAHOME.
    Collected data: name and surname, ID card, type of rent (renting the entire property or by rooms), property’s address, monthly rent, amount of deposit, minimum stay, phone number, email address, number of managed properties. Moreover, the invoicing data will be provided, as well as the rules and other optional data provided by the landlord, such as the accepted payment methods, time schedules for check-ins and check-outs, information on whether smoking and pets are allowed, whether bills and tax costs are included in the rent or other optional preferences. Information regarding the landlords’ properties.
    Purpose: to enable the landlords to register and advertise their properties on the ERASMUSU website and then manage their portfolios and contracts.
    Lawful basis: the legal relationship for the provision of services.
    Data disclosure: once the booking request is accepted by the landlord, his contact details will be provided to the tenant.
    Storage limitation: the data will be stored for the time necessary to deliver the service or until we are requested to erase the aforementioned data. It will be kept for the time necessary for the purpose of processing, and once it is fulfilled it can be stored for a period of six years at the disposal of Public and Justice Administration for the purposes of dealing with any potential liabilities arising from its processing.
  • BOOKING REQUEST FORM: to book the property that the user wants to rent.
    Collected data: city, name, surname, phone number, date of birth, sex, nationality and the reason of stay. Details for making the payment. Optional data: additional information.
    Purpose: to help the user to book an accommodation adapted to his needs.
    Lawful basis: the legal relationship for the provision of services.
    Data disclosure: we will transfer the User’s data to the owners of the accommodation that the User has booked.
    Storage limitation: the data will be kept until the user rents the desired property or until we are requested to erase the aforementioned data. It will be stored for the time necessary for the purpose of processing, and once it is fulfilled it can be stored for a period of six years at the disposal of Public and Justice Administration for the purposes of dealing with any potential liabilities arising from its processing.
  • INVOICING CLIENTS: to manage the process of invoicing the lessors and lessees.
    Collected data: name, surname, ID card or registered name, Tax ID Number and account number.
    Purpose: to manage the processes of invoicing the landlords and tenants.
    Lawful basis: the legal relationship for the provision of services.
    Storage limitation: the data will be kept until the termination of the contract or until we are requested to erase the aforementioned data. It will be stored for the time necessary for the purpose of processing, and once it is fulfilled it can be stored for a period of six years at the disposal of Public and Justice Administration for the purposes of dealing with any potential liabilities arising from its processing.
  • POST-BOOKING SERVICES: to assist, mediate and resolve any issues that may occur at the beginning of the lease agreement.
    Collected data: comments, requests and complaints reported by ERASMUSU’s own clients.
    Purpose: to assist, mediate and resolve any issues or problems that occur after the property is rented and to avoid fraud situations.
    Lawful basis: the legal relationship for the provision of services.
    Data disclosure: the data will be transferred between the landlords and tenants to support incident handling.
    Storage limitation: the data will be kept until the termination of the contract or until we are requested to erase the aforementioned data. It will be stored for the time necessary for the purpose of processing, and once it is fulfilled it can be stored for a period of six years at the disposal of Public and Justice Administration for the purposes of dealing with any potential liabilities arising from its processing.
  • PROVISION OF INFORMATION ON ACADEMIC PARTNERS AND OTHER PARTNERS:: Form to request general information for the potential contracting of goods and services advertised on our website.

    Data collected:

  • Phone number
  • Nationality
  • Year of birth
  • Gender
  • Home university
  • Higher education
  • Name
  • Surname(s)

Purpose: To inform the partner about the request of information sent by the user after completing the form, so that the partner can send the information about the advertised good or service.


Legitimacy: The voluntary request of the user expressed by completing the form to request information about the advertised good or service. User's consent.


Transferee: The data will be transferred exclusively to the partner for whose good or service the user has requested information.


Retention period: The data will be kept for the period of two (2) years, or until its elimination is requested by the user.

Common information regarding the data collected on the Website mentioned in the previous sections.

Beneficiaries: The transfer or disclosure of the data will take place in relation to the provision of services by third parties, such as processors with whom ERASMUSU has signed appropriate Data Processing Agreements and whom ERASMUSU has verified in terms of providing appropriate safeguards in order to implement appropriate technical and organisational measures, in such a manner that the processing meets the requirements of the GDPR and to ensure the protection of the rights of the data subjects.

SPOTAHOME, SLU (“SPOTAHOME”) is the owner of the website www.spotahome.com, leader in the medium and long-term real estate market. ERASMUSU publishes SPOTAHOME properties on its website, as well as on the SPOTAHOME website, as established in its own Terms and Conditions. ERASMUSU will share the pictures of your property and the rest of the data -only those strictly necessary- to formalize any booking you receive from SPOTAHOME users.

Your personal data specifically needs to be transferred or disclosed, for reasons related to the provision of services, to another entity of our business group, SPOTAHOME S.L.U, as well as to other entities which help us with various service-related matters. The entities that constitute SPOTAHOME business group are detailed below:

  • SPOTAHOME LTD (UK)
  • SPOTAHOME SARL (FR)
  • SPOTAHOME PORTUGAL, UNIPESSOAL, LDA. (PT)
  • SPOTAHOME GERMANY GmbH (DE)
  • SPOTAHOME ITALY S.R.L. (ITEM)

Some of our suppliers include the following: (i) Entities providing data processing services; (ii) Entities providing storage services; (iii) Entities providing services related to conducting surveys or market studies; (iv) Authorities or public bodies for the exercise of their functions.

Likewise, in order to create a trustworthy environment for you, ERASMUSU , its partners and providers, we may use your personal data for the detection and prevention of fraud and other illegal or unwanted activities. Similarly, we may use personal data for risk assessment and security purposes, including the authentication of users and properties. For such purposes, we may have to stop certain bookings or put on hold the requests until we have finished our assessment.

To the extent permitted by applicable law, we may receive additional information about you from third party service providers and/or partners and combine it with information we have about you. For instance, we may verify or authenticate all personal/business identifiable data such as your name and last name(s), date of birth, address, ID, etc. To do so, we will conduct checks against databases and other information sources from third parties such as fraud prevention agencies and identity verification solution providers. Similarly, we may verify the authenticity of the photos of your properties through third party providers.

Furthermore, we use third parties to process payments or provide billing collection services. When a payment concern or issue is raised for the payment of your booking at ERASMUSU by either you or by the holder of the debt / credit card used to make the payment, we need to share certain details related to the booking request with the payment service provider and the relevant financial institution to handle the request. This may also include a copy of your booking request confirmation or the IP address used to make it and other relevant information. We may share information with relevant financial institutions if we consider it strictly necessary for fraud detection and prevention purposes.

We also use for fraud prevention purposes the details about how you use and interact with our website, app or services, including the device you use. This helps us carry out security and fraud monitoring apart from improving the service you get from us.

Likewise, the Spanish entity SPOTAHOME, S.L.U and British entity SPOTAHOME, LTD will be carrying out the above-mentioned task according to the information provided by ERASMUSU.

Most of our suppliers are established within the European Economic Area or outside of the European Economic Area, those however, guarantee an adequate level of protection compliant with the European Commission’s provisions. On exceptional basis we may also use suppliers outside of the aforementioned area, in which case, standard contractual clauses approved by the European Commission are signed.

ERASMUSU recognoises the User’s right of access, to rectification, erasure, restrict processing and portability of his personal data. The User is also protected by the right to withdraw his consent for the data to be processed by ERASMUSU and has the right to lodge a complaint with a supervisory authority.

The User may exercise these rights at any time by sending a notification, accompanied by a document confirming his identity, with the right to be exercised expressly stated. The notification shall be sent to the attention of ERASMUSU to the address hereinabove indicated or to the email address: [email protected] 

ERASMUSU has adopted necessary technical and organisational measures to guarantee the safety and integrity of the data, as well as to protect it from being altered, lost, processed or accessed in an unauthorised way.

The User explicitly accepts the content of the legal notice that regulates the provision of the services.

The data requested in different fill-in forms of the Website is strictly necessary to meet the User’s request and it is submitted by the User on a voluntary basis. The refusal to provide the data marked as obligatory will impede the service from being delivered or will result in the lack of access to the services for which the data was requested. The data can therefore be voluntarily submitted in order to enable the best possible service delivery. In case of disclosing a data belonging to a third party, the User undertakes to inform the third party about the content of this Privacy Policy.

The User undertakes to forward to ERASMUSU any change and correction of his personal data as soon as possible, so that the information included in the ERASMUSU Activity Records remains updated at all times.

By virtue of legitimate interest of ERASMUSU, the User’s personal data may be used for the establishment or maintenance of business relationships by any means, including electronically, so as to inform about ERASMUSU’s products and services of interest, with the possibility to oppose to such processing of the data for commercial purposes at any time, by sending an email to the following email address: [email protected]

Updated on: 1st March 2022.

All rights reserved.

13.2. Cookies

In compliance with existing regulations, Erasmusu would like to provide you with information regarding cookies that are used on our web portal. In what follows you will find a detailed explanation of what cookies are, why we use them, a list of our cookies and information on how their settings can be changed and, if necessary, how to disable them.

What are cookies?

Cookies are small pieces of text that are stored on your computer, tablet, smartphone or any other device that allows you to browse the Internet when you are visitng certain web pages. Their main objective is to recognise the user every time he visits the Web Page and also to improve the quality of the browsing and to provide better service.

What do we use cookies for?

Cookies are essential for the functioning of the Internet and in Erasmusu we use them to make the browsing on our website easier and to improve the efficiency and personalised approach of the services that we offer. In no case cookies can damage your device. What is more, if you enable them in the settings of your browser, they will help us to detect and resolve any possible errors and will let us know about the performance of our website.

What type of cookies do we use?

In the following section, you will find a list of cookies that we use. Please bear in mind that certain cookies may appear in more than one category.

  • By the cookie’s owner:
    1. First-party cookies: these cookies are managed by the domain the user is entering and whose services the user requests.
    2. Third-party cookies: these cookies are sent to the user’s device by domain other than ours that is managed by other collaborating entity.
  • By the time the cookie is stored:
    1. Session cookies: these cookies remain on the device the user is navigating with only as long as the session lasts and disappear automatically when the browser is closed.
    2. Persistent cookies: these cookies stay on the device the user is navigating with for a minimum time necessary to fulfil their function. The information on how long these cookies last and when they expire can be found in your browser’s settings.
  • By the cookie’s function:
    1. Technical cookies: these cookies allow the user to browse our website and to use different options and services that it provides. In this way, they allow the user, for example, to identify the session, remember the items of an order and to finalise the purchase process.
    2. Analysis cookies: these cookies, handled either by us or third-parties, provide us with statistical data on users’ activity on the portal. They do not allow to identifiy the users as the collected data is anonymous and is used exclusively for statistical purposes to improve the products and services that we offer.
    3. Customisation cookies: once the user accessed the service, these cookies allow us to store information about the IP address of the connection, preferences, language selected by the user, type of navigation used to access the service, regional settings, etc. in order to create a profile based on your browsing habits and show you personalised content and offers that you might be particularly interested in.
    4. Advertising cookies: these cookies are stored by third-party companies that manage spaces advertising Erasmusu and which the users access. These cookies allow us to measure the efficiency of our advertising spaces.
    5. Behavioural advertising cookies: these cookies store information on the users' behaviour which is obtained by continuous observation of their browsing habits which allows us to develop specific profiles and show advertisements adapted accordingly.






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Update Date: 1st March 2022

© COKIDOO STUDIOS SLU.

All rights reserved.

14. Spotahome Services (Applicable to accommodation services advertised on Erasmusu)

14.1. Terms and Conditions

Latest update: 21 May 2021

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

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

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

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

1. GENERAL

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS. THESE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, DEFINING SPOTAHOME'S LIABILITY IN CERTAIN CASES, DETERMINING THE JURISDICTION AND AUTHORITIES ON MATTERS OF CONFLICT RESOLUTION, AS WELL AS THE APPLICABLE LEGISLATION TO SPOTAHOME SERVICES.

TERMS AND CONDITIONS APPLICABLE TO THE USERS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN THE USER AND SPOTAHOME. BY ACCESSING, READING OR USING THE MATERIALS OR SERVICES ACCESSIBLE ON OR VIA THE "WEBSITE" OR OTHER WEBPAGES OR APPLICATIONS, THE USER DECLARES THAT HE/SHE ACKNOWLEDGES AND ACCEPTS THESE "TERMS AND CONDITIONS" AS BEING EQUIVALENT TO A SIGNED LEGALLY BINDING AND WRITTEN DOCUMENT.

The use of any website owned by SPOTAHOME, of the Contents, Application and/or the Services, confers the status of User and implies full and unreserved acceptance, by the User, of the applicable Terms and Conditions each time the User accesses the Contents or Application.

SPOTAHOME reserves the right to modify these Terms and Conditions at any time. Any changes made to these Terms and Conditions that may affect the rights of the User will be communicated on the Website, Application, or via email. We suggest that you frequently review these Terms and Conditions, so as to be aware of their scope and of any changes that have been made, as you are legally obliged by these conditions. By accessing the Websites or Application owned by SPOTAHOME, following the publication of notice of such changes or updated versions, you agree to comply with the new terms. The User is aware that the access and use of the Website and/or the Contents is done under his/her sole and exclusive responsibility. Some services of the Website or the SPOTAHOME Application may be subject to specific conditions that, where appropriate, replace, complete and/or modify these Terms and Conditions. The provision of the service at the request of the User, implies the express acceptance of the applicable specific terms and conditions.

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

The access, registration, browsing, use, storage and/or downloading of materials and/or use of the services of any Website and/or Content of SPOTAHOME by minors (under 18 years) is prohibited. The User, while accessing or using any Website and/or Content of SPOTAHOME declares to be at least 18 years of age and to hold enough legal standing to execute a legally binding agreement acknowledging as well SPOTAHOME's right to retain any payment made in exchange for the provision of the Services, as a consequence of not complying with the present Terms and Conditions. In any case, it will be the users responsibility to verify that they hold the legal capacity to execute any agreement in conformity with the legislation where the Accommodation is located.

SPOTAHOME offers an Online Platform for Owners or managers (hereinafter "Owner/s" ) to list their properties and for Residents (as defined below), who wish to reserve such Accommodation for a lease for medium to long-term periods (hereinafter, jointly, Services ). These Services can be found onhttps://www.spotahome.comand other websites, applications for mobile and other devices, through which SPOTAHOME offers its Services. SPOTAHOME does not offer touristic Accommodation.

SPOTAHOME is not a touristic operator. The platform does not qualify in any case whatsoever as tourism promotion channel.

2. KEY TERMS

" SPOTAHOME" means SPOTAHOME, S.L.U., a company incorporated under the Laws of Spain, with registered address at Calle Fuencarral, 123, 5ºB, 28010, Madrid (Spain) and Tax number B87004511.

" SPOTAHOME Content" means all that which is provided by SPOTAHOME via its Platform, Application and services, including any content authorised by a third party.

" Content" means text, graphics, images, music, software, audio, video, information and any other material published on the Platform or Application.

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

" Application" means any Application owned by SPOTAHOME available for mobile devices allowing Users to gain access to the services available through the Website.

" User" means any person who uses the Website or Application owned by SPOTAHOME.

" Resident" means the person requesting a reservation for the Accommodation via the Platform, Application or services and/or who is residing at an Accommodation and who is not the Owner of the same Accommodation.

" Owner" means the person or entity that has entered into an Agreement with SPOTAHOME to publish an Advertisement for the Accommodation on the Platform, in order that a Resident may make a reservation for the Accommodation via the Platform. Owners may be either individuals or legal entities, or any other entity that is the owner or manager to enter into a Lease Agreement for the Accommodation on their own behalf or for a third party for a lease for medium to long-term period. If the Owner is a legal entity, the individual making use of SPOTAHOME services accepts this Terms and Conditions on behalf of the Owner and confirms the he/she holds enough legal standing to fulfill any obligations on its behalf.

" You" means the User, Resident or Owner (as appropriate).

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

" Accommodation" means the residence, flat, house, lodging or room included in the Advertisement that the Owner publishes on the Platform, in order that the Resident may make an online reservation.

" Tenancy Agreement" means the Private Lease Agreement signed by the Owner (as the lessor) and by the Resident (as the lessee), to which SPOTAHOME is not party.

" Move-in Date" means the date in which the Resident indicates, at the time of making the reservation, he/she will begin occupying the Accommodation.

" Move-out Date" means the date in which the Resident indicates, at the time of making the reservation, he/she will vacate the Accommodation.

" Reservation Fee" means that which is paid by the Resident to SPOTAHOME when making a reservation for the Accommodation via the Platform or Application and after the reservation has been confirmed by the Owner. (See section on Fees; please check if there is any specific information which applies in your territory in Clause 11 "Applicable Local Regulations" ).

" First Payment" means that which is transferred by the Resident when making a reservation for the Accommodation via the Platform or Application and after the reservation has been confirmed by the Owner. (See section on Fees; please check if there is any specific information which applies in your territory in Clause 11 "Applicable Local Regulations" )

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

" Service Fee" means a percentage of the Total Contract Value that SPOTAHOME will charge the Owner for the provided services. (See section on Fees )

" Reservation Request" means that made by the Resident to make a reservation for the Accommodation. This is done when clicking on the "Book Now" button and after completing the reservation form. Both the Reservation Request and the form are processed via email, along with all the requested information, by the Owner receiving them. Also, the Reservation Request contains the Move-in Date, the Move-out Date and the amount for the First Payment.

" Tax" or "Taxes" means the Value Added Tax (VAT) and any other applicable municipal, autonomous community or state tax.

3. USE OF THE PLATFORM, APPLICATION AND SERVICE

The Platform and Application are used by the Residents to make a reservation for Accommodation arrangements that are for medium to long-term periods. Accommodation is published on the Platform Owners, through the use of the technology required for this purpose. SPOTAHOME IS NOT AN OWNER, MANAGER OR REAL ESTATE AGENT AND SPOTAHOME DOES NOT POSSESS, SELL, RESELL, FURNISH, RENT, SUBLET, MANAGE, NOR DOES IT CONTROL, THE PROPERTIES IN ANY MANNER WHATSOEVER.

SPOTAHOME's responsibilities are limited to:

  1. a) Providing the Platform, Application and services.
  2. b) Once the Reservation has been accepted by the Owner, hold the First Payment charged by Spotahome to the Resident. This payment may be transferred to the Owner after deducting the Service Fee plus Value Added Tax (VAT) subject to the terms and conditions of these terms and conditions. SPOTAHOME will not receive any additional payments after the Reservation has been confirmed by the Owner. The Owner is solely responsible for collecting rent payments from the moment the Reservation is confirmed and the abovementioned payment has been transferred.

4. ACCOMMODATION LISTING

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

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

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

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

The Owner shall provide all the necessary information to create his/her listing or advertisment on the Platform, which includes, but not limited to, the Accommodation's location, capacity, size, features and availability, including the price and all that pertaining to the payment terms. All information relating to the Accomodation including the payment terms published in the Advertisement, shall always be determined by the Owner and at his sole discretion.

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

Furthermore, the Owner declares and accepts that all the information provided on the Platform is true, correct and updated. The Owner shall provide without undue delay any kind of document requested by SPOTAHOME for the purpose of verifying ownership of the Accommodation or compliance with any other legal or contractual requirements.

. The Owner acknowledges and accepts that once the Resident makes a reservation for the Accommodation, the price of this reservation cannot be amended.

SPOTAHOME reserves the right to discretionary evaluate the Advertisement of Accommodations and the acceptance of Reservations if there is a minor living in the property. If the Owner does not expressly reveal this fact, he/she acknowledges SPOTAHOME's right to retain or claim any payment made in exchange for the provision of the Services, as an indemnity for breach of these Terms and Conditions.

Owner shall maintain the Accommodation in a similar condition to that depicted in the advertisement. If the event that the conditions of the Accommodation differ significantly from those of the Advertisement, SPOTAHOME reserves the right to withdraw the Advertisement for such Accommodation from the Platform, Application or services, notwithstanding the capacity to retain or claim from the Owner any payment made in exchange for the provision of the Services,as an indemnity for breach of these Terms and Conditions.

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

SPOTAHOME shall be entitled to refuse registration on the Platform to any User, Owner or Resident, at its discretion and without prior notice.

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

Audio-visual material of the Accommodation provided by the Owner will be published in the Advertisement and the Owner expressly accepts the temporary assignment of its copyright or any other existing intellectual property rights over the audiovisual and advertising material generated for the publication of the Advertisement and guarantees that they do not contravene any third-party intellectual property rights, in accordance with the provisions of this clause.

The audio-visual material provided shall be exclusively of the Accommodation and shall not contain any references to personal data nor will there be any people in it. SPOTAHOME reserves the right to remove said material at any time from the Advertisement without prior notice to the Owner. The Owner is entitled to remove and/or delete the provided pictures through the tools avaialble to it on the Platform. SPOTAHOME shall not be liable for the removal of the pictures in any other third-party websites or platforms.

By publishing the Advertisement on the Platform the Owner expressly acknowledges and agrees that the Advertisement will be included on every internet domain belonging to the SPOTAHOME Group and that it may also be featured, in order to maximize the spread of the Advertisement, on third-party websites external to the SPOTAHOME Group.

Where required by the applicable regulations in the place where the Accommodation is located, the Owner shall obtain a registration number assigned to the Accommodation, according to the conditions and requirements imposed by the regulation in force at any time. The registration number for the Accommodation, where appropriate, shall be published in the Advertisement and/or provided to the relevant authority that requires it, as well as any other authorization, permit or documents legally required.

The Owner shall be fully liable for ensuring that it complies with all applicable rules and regulation in connection with the Accomation and the Advertisement and it shall in particular maintain the legally required conditions of the Accommodation in order to keep the registration number updated and in force, as well as complying with any other permit, authorization or legal requirements. SPOTAHOME shall not be liable for any claim arising from the breach of the foregoing and is entitled to claim from the Owner for any damage arising, directly or indirectly, as a consequence of the inaccuracy or incorrectness of the registration number of the Accommodation or the breach of any other regulatory requirement. The Owner undertakes to notify SPOTAHOME without undue delay of any change that affects his or her ability to offer the Accommodation for rent.

In the event the Accommodation offered the the Platform is being subleased, the Owner or sublessor, in accordance with the definitions of these Terms and Conditions, guarantees that he/she has the necessary permits and authorisations to sublease the Accommodation, in conformity with the applicable regulations, exonerating SPOTAHOME from any liability for non-compliance of any legal requirements.

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.

5. RESERVATION PROCEDURE

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

The Resident, when deciding the Accommodation that he/she desires to make a reservation for, shall provide the information requested by SPOTAHOME via SPOTAHOME's Platform or Application, and SPOTAHOME will provide detailed information about the Fees (see section on Fees), where the Resident authorises such to be retained by SPOTAHOME, in the event that the reservation is accepted by the Owner, through the payment methods available on the Platform or Application.

Once this information is complete, the Resident will receive an automatically generated email with a summary of the reservation and its corresponding reference number. Following this, the system will automatically send a reservation request to the Owner, who will have 12 working hours to either accept or reject the reservation. In the event that, after 12 working hours, SPOTAHOME has not received a response from the Owner, the booking request will automatically expire and the reservation request will be deemed to have been rejected.

When making a Reservation Request via the Platform, Application or Services, we will provide the Owner with the following:

  • a) Information on the Resident: age, nationality, company, university, profession, education and any other information that the Owner specifically requests in his/her listing.
  • b) A link to the SPOTAHOME webpage where the Accommodation is published.

In the event that the Owner accepts the reservation requested by the Resident, the First Payment and the Reservation Fee, along with the corresponding Value Added Tax (VAT) will be charged from the Resident's bank card and confirmation email will be automatically issued for both the Owner and the Resident confirming the reservation and put both the Parties in contact with each other.

The Owner will ensure that after accepting a reservation, the Owner will:

  • a) not infringe on any Agreement entered into with a third party and
  • b) undertake (i) to be compliant with all laws, tax requirements and any other rule or regulation applicable to any Accommodation published in an Advertisement and (ii) to avoid any dispute arising on the basis of third-party rights.

SPOTAHOME will not assume any liability for any breach, by the Owner, of the applicable laws, rules or regulations. SPOTAHOME reserves the right, at any time and without prior notice, to remove the publication or to disable access to any Advertisement, for any reason and at its own discretion, including any Advertisement that SPOTAHOME deems to be challengeable before the courts law for any reason.

Both the Owner and the Resident acknowledge and agree that SPOTAHOME shall not, in any way, act as an insurance agent or agent of any kind on behalf of the Owner.

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

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

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

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

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

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

6. FEES

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

The minimum reservation period made via the Platform or Application is for one month (30 days), except where the Owner or the Law may specify a longer minimum period (i.e., Brussels and Berlin have a minimum stay of 3 months)

The Owner will decide the type of Contract that will apply to the Accommodation, being able to choose among the following types: daily, fortnightly or monthly.

https://www.spotahome.com/contract-types/

When the Resident makes a reservation that has been confirmed by the Owner, he/she will make a transfer to Spotahome for the First Payment and the corresponding Reservation Fee plus Value Added Tax (VAT), via the payment methods available on the Platform or Application.

The "Reservation Fee" is (i) a percentage of the Total Contract Value plus the Value Added Tax (VAT) or (ii) a fixed price plus de Value Added Tax (VAT) charged by SPOTAHOME to the Resident for the provided services.

The "Total Contract Value" is the total price of the reservation for the rental property, which will vary according to the total duration and set price for each day for its duration.

The "Service Fee" is a percentage of the Total Contract Value that SPOTAHOME will charge the Owner for the provided services. The Service Fee and its corresponding Value Added Tax (VAT) will be deducted from the First Payment.

SPOTAHOME will only transfer the First Payment, minus the Service Fee and Value Added Tax (VAT), to the Owner 48 hours after the Move-in Date (that which is indicated on the reservation), provided that the Resident has not informed SPOTAHOME of any Significant Deficiency (see Section 7. MOVE-IN POLICY)

In any event, the Owner will be the one to determine, at his/her own discretion, the price of the Accommodation.

Discount Codes

Discount or promotional codes will take effect only if they are used at the time of making the Reservation Request or before the reservation is confirmed by the Owner, under no circumstances will the discount be applicable at a later time. Discount codes will be made only in the Reservation Fee; said fee could be reduced until 0 euros/other applicable currency but will never result in a payment for the Resident.

Mandatory Debit Mandate for UK Owners

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

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

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

Payment timings

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

  • The first payment as a lump sum payment plan: The full amount shall be processed within the following month after the contract start date. For premium bookings, 100% of the pending will be charged at check-in.
  • The monthly instalment payment plan: the number of direct debits which shall be calculated by determining the number of days between the start and the end of the booking, dividing this by 30.416 and rounding to the nearest whole number. The first payment shall be processed within the following month after the contract start date. For premium bookings, 50% of the pending fee will be charged at check-in and the other 50% will be collected via monthly instalments across the duration of the booking.

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

Early Move-Outs/Cancellation

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

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

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

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

Invoicing

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

Right to withhold pending amounts

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

Spotahome has the right to carry out the following action due to a breach of our Terms & Conditions when non-payment of 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 GoCardless was set-up.
  • Raise county court judgements against the Owner or their business so that a court can formally decide does the Owner owe the money. Records of judgments are kept for 6 years unless the full pending amount is satisfied within a calendar month.
  • Involve third party debt collection services to recovering past / current due debts owed to Spotahome.
  • Any additional legal fees and / or debt recovery costs that Spotahome incur will be added onto your debt.
  • Debt collectors and recovery service vendors normally charge fees for their service which again will be added onto your debt.
  • Spotahome reserves the right to withhold any future payments / refunds / guarantees.

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

Actions regarding Tenants.

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

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

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 tenancy.

7. MOVE-IN POLICY

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

After the Owner has approved the reservation and the Platform has sent confirmation of the reservation to both the Resident and the Owner, including the contact information for both parties, it will be the Owner's responsibility to provide any further instructions to the Resident with regards to moving into the Accommodation.

The Owner will ensure that the Accommodation reserved by the Resident is found in the expected and proper living conditions and that the features published in the Accommodation Advertisement remain the same, as well as the pricing terms

Applicable policy for when a Resident moves into the Accommodation.

The Resident, within 24 hours after the Move-in Date, may inform SPOTAHOME of all Significant Deficiencies for the Accommodation, as well as to report on the inaccuracy of the Accommodation with regards to the features indicated in the Advertisement, by sending an email to [email protected] , and stating the reservation number, while putting the Owner in copy and attaching the necessarily visual evidences (photos and/or videos) of the Essential Deficiencies. Once the email has been received by SPOTAHOME , the circumstances will be verified and assessed.

A Significant Deficiency is defined as a circumstance entailing non-liveable conditions, a health risk and/or substantial modifications that differ from the description in the Advertisement.

In the event that SPOTAHOME deems that there is a significant deficiency , the Owner will be given a period of 36 hours to commence actions to resolve such deficiencies, which shall be settled within a reasonable timeframe.

In the event that the Owner does not resolve the deficiencies within a reasonable timeframe, he/she will be in breach of these Terms and Conditions, which will entitle the Resident to cancel his/her reservation, which will mean that the Owner will adhere to the Cancellation Policy for Owners (See Cancellation Policy for Owners ) and SPOTAHOME will provide the Resident, at its own discretion, one of the following solutions:

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

In the event that SPOTAHOME considers that there is no Significant Deficiency and the Resident cancels the reservation on the basis of unfounded reasons (at SPOTAHOME's discretion), the Resident will forfeit his/her Reservation Fee plus the corresponding Value Added Tax (VAT) and the First Payment, where the First Payment will be fully transferred to the Owner.

SPOTAHOME will only transfer the First Payment, minus the Service Fee and Value Added Tax (VAT), to the Owner 48 hours after the Move-in Date (that which is indicated on the reservation), provided that the Resident has not informed SPOTAHOME of any Significant Deficiency.

Lease Agreement signed between the Resident and the Owner.

SPOTAHOME is not party to any Lease Agreement. This Agreement will be signed only by the Resident and the Owner and, accordingly, SPOTAHOME will be held harmless of all legal matters, nor will it be held liable in the event of any dispute, disagreement or claim. Any situation resulting from the aforementioned Lease Agreement shall be settled between the Resident and the Owner. Furthermore, SPOTAHOME will not be party to any negotiation regarding a bond or security deposit, required by the Owner and made by the Resident, under the Lease Agreement or in any other type of Agreement, nor will it act an intermediary for any dispute arising as a result of a bond or security deposit.

SPOTAHOME advises that both the Resident and the Owner thoroughly read the tenancy Agreement, or any other Agreement entered into, as it will be the instrument governing the relationship between both.

8. LEGAL NOTICE REGARDING THE CANCELLATION POLICY

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

Article 16 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 lays down the Exceptions from the right of withdrawal_"Member States shall not provide for the right of withdrawal set out in Articles 9 to 15 in respect of distance and off-premises Contracts as regards the following: a) (a) | Service Agreements after the service has been fully performed if the performance has begun with the consumer's prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the Contract has been fully performed by the trader."_

SPOTAHOME is a marketplace that digitally introduces tenants and landlords. Therefore, its services are deemed to be fully rendered:

  1. a) When the Resident has made a Reservation Request and when the Owner has approved such Reservation Request.
  2. b) When the Owner has approved the Reservation Request made by the Resident.

AS EXPLAINED ABOVE, THE USER UNDERSTANDS, ACCEPTS AND ACKNOWLEDGES THAT HE/SHE WILL HAVE LOST HIS/HER RIGHT OF WITHDRAWAL.

9. CANCELLATION POLICY FOR OWNERS

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

Reservations impacted by changes in travel plans: Learn more here

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

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

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

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

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

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

SPOTAHOME reserves the right to claim for any of the foregoing amounts in the event of it being necessary to apply any of the aforementioned penalties, where the Owner acknowledges and agrees that SPOTAHOME will send a request for payment and that he/she will be obliged to pay such amounts to SPOTAHOME.

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

10. CANCELLATION POLICY FOR RESIDENTS

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

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

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

For cancellation once the booking request was accepted by the Owner, please check our flexible cancellation policy:

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

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

For Owner: - No refund takes place for Owner.

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

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

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

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

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

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

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

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

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

For cancellation once the booking request was accepted by the Owner, please check our flexible cancellation policy:

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

For Resident: - 100% refund of First Payment for the Resident. - The Reservation Fee will not be refunded in any case.

For Owner: - No refund takes place for Owner.

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

For Resident: - 50% refund of First Payment for the Resident. - The Reservation Fee will not be refunded in any case

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

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

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

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

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

11. APPLICABLE LOCAL REGULATIONS

Note: In the event of conflict between the present Clause 11 "Applicable Local Regulations" and any other clause of the present Terms and Conditions, the provisions contained herein (Clause 11) shall prevail.

APPLICABLE TO BELGIUM:

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

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

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

APPLICABLE TO THE UNITED KINGDOM:

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

Owners -

The Owner acknowledges that it is the Owner's legal responsibility to ensure that the Resident is legally allowed to rent and/or occupy the property, whether the Owner's name appears in the Lease Agreement or not.

The Owner shall verify and retain the necessary documents legally granting the Resident the right to rent in the United Kingdom. In the event that the Resident is not permitted to rent in the United Kingdom, the Owner may be fined by the public authorities for approving the tenancy.

Both the Owner and the Resident acknowledge that SPOTAHOME will neither be held liable for verifying the Resident's documentation, nor for the outcome of such verification and any consequences where the Owner has not conducted such regulated checks. For more information visit: https://www.gov.uk/check-tenant-right-to-rent-documents/who-to-check

As an Owner, you agree and warrant that you comply with the below conditions when listing a property on the Platform and that you are legally entitled to offer the property for rental and will not incur in any breach of any applicable law, agreement or contract when you list your property (this includes the terms of contract with third parties regarding the property such as mortgage on the property, insurance, fire regulations, gas and electrical safety).

As an Owner, you agree and warrant that:

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

As an Owner, you are fully responsible for ensuring that the property meets the legal requirements under any relevant legislation, including but not limited to the requirements outlined in this section.

As an Owner, you acknowledge and accept (i) the legal limitations in relation to the Holding Deposit and the tenancy deposit and (ii) your legal duty to protect any tenancy deposit under the relevant protection scheme and to provide, at the Resident's request, information about it.

As an Owner, you acknowledge that it is your responsibility to ensure that you comply with all applicable regulations.

Residents -

Reservation Fee does not apply to the United Kingdom market according to the applicable regulation.

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

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

Default Cancellation policy shall apply for United Kingdom. Please see the following link: https://help.spotahome.com/hc/en-us/articles/360005538739-How-do-I-cancel-a-booking

Both the Owner and the Resident acknowledge that SPOTAHOME will neither be held liable for verifying the Resident's documentation, nor for the outcome of such verification and any consequences where the Owner has not conducted such regulated checks. For more information visit:https://www.gov.uk/check-tenant-right-to-rent-documents/who-to-check

Transparency and Consumers' protection -

SPOTAHOME is committed to provide a professional service to all our users. Do help us get better. Get in touch with our team to provide feedback. This will help us improve our service. Please contact us at www.spotahome.com/contact-us

SPOTAHOME is a member of:

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

Both are accredited providers under the relevant schemes and legislation.

Liability -

The Owner and the Resident acknowledge that in no case SPOTAHOME will be held liable for any breach by them of the applicable regulation and/or the terms and conditions enclosed and/or in relation to the tenancy of which SPOTAHOME is not party to, unless explicitly stated herein.

The Owner and the Resident acknowledge that it is their responsibility to know, at any time, any legal obligations applicable to them. In the event of any conflict between these Terms & Conditions and the Local Laws, the Law shall prevail.

APPLICABLE TO FRANCE:

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

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

  • Main Residence

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

  • Secondary Residence

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

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

  1. The lease of a furnished Accommodation for housing purposes is the classical form of lease or "Bail Classique" being its duration term no shorter than one (1) year, or nine (9) months in case of students. It is regulated by theLaw of 6 July 1989. It must qualify as the Resident's main residence in sense of article 2 of the Law.
  2. Temporary lease or 'Bail mobilité', regulated as well by theLaw of 6 July 1989, is a type of furnished lease provided to a Tenant that must justify with enough evidence, at the moment of execution of the lease agreement, to be undertaking: professional training, higher education studies, apprenticeship or traineeship agreement, taking part in a period of voluntary service as part of a civic service within the meaning of Article 120-1 of the National Service Code, or being in a state of secondment or temporary project within the framework of a professional activity; this is a closed list as it has been specifically set forth in the applicable regulation. Under this type of lease, the Accommodation must not qualify as the Resident's main residence as stated in article 2 of the abovementionedLaw of 6 July 1989.
  3. Seasonal or touristic lease falls into the category of 'furnished accommodation for touristic purposes' ('aimed at temporary clients, without it qualifying as a main residence, whose stay is characterised by daily, weekly or monthly rental') in accordance withArticle L324-1-1 of the French Tourism Code.

In order to rent accommodation in this modality, a series of administrative procedures must be carried out, among others, the prior declaration or registration, in accordance with the indicated Article L324-1-1, with a consequent publication of the registration number (13 digits) in the advertisement of the property as stipulated in articlesL631-7 and the following Articles of the French Code of Construction and Housing.

SPOTAHOME does not offer or list Accommodations for rent under 'furnished accommodation for touristic purposes' at any moment; SPOTAHOME only offers through its Platform Accommodations to be leased under the classical lease and _ 'bail mobilité' _.

Owners -

The Owner is solely responsible for requesting from the Resident the required documents in order to comply with all legal requirements in order to execute any of the above-mentioned categories of lease for the Accommodation offered through the Platform, as well as being able to provide enough proof before any public authority that might require it. Additionally, the Owner shall provide any documents requested by SPOTAHOME at any time in order to verify compliance with the applicable legislation. In any case, the Owner is solely liable for complying with all established legal requirements with regards to the possibility of requesting a security deposit from the Resident, as well as the relevant amounts or any other applicable condition, regulatory limits, obligations and conditions to return it.

According to theLaw of 6 July 1989, for furnished rentals under the classic lease category (from one (1) year duration or nine (9) months in case of students), the Owner might request from the Resident up to two (2) months rent as security deposit. However, for a lease under the 'bail mobilité', category, the Owner shall not request from the Resident any amount as security deposit.

Prior to listing the Accommodation through SPOTAHOME, the Owner acknowledges and guarantees the details provided with regards to the Accommodation and further confirms the truthfulness of the information provided.

SPOTAHOME shall require from the Owner the following information:

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

THE COMPANY DOES NOT ASSUME ANY LIABILITIES FOR THE BREACH OF LAWS, NORMS AND REGULATIONS APPLICABLE TO THE ACCOMMODATION PROVIDER WHO IS RESPONSIBLE FOR THE VERACITY AND ACCURACY OF THE INFORMATION PROVIDED WITH RESPECT TO THE ACCOMMODATION.

SPOTAHOME reserves the right to remove the Accommodation from the Platform at any time and without prior notice, if the Company considers that the Accommodation does not comply with the applicable regulations at all times, as well as to request the information that the Company deems necessary at any given moment to verify the fulfillment of the obligations by the Owner.

The Owner undertakes to collaborate with SPOTAHOME at all times, promptly providing the information required by the platform, as it is itself, in the same way, a party regulated by the Law.

SPOTAHOME informs the Owners using the Platform that, regardless of their place of residence or establishment, they must declare all their income earned as a consequence of using SPOTAHOME's services to the appropriate authorities, in a manner and time established for this by the relevant regulations.

To make the Owners who use SPOTAHOME's services, aware of all of the obligations related to the competent supervisory authorities in respect of taxation, social security and penalties that may apply as a result of failure to meet these obligations, SPOTAHOME makes available to the users the following information about the requirements arising out of renting an Accommodation related to:

Residents -

The Resident, as user of the Platform, undertakes to provide the Owner all required information in order to duly execute the relevant lease agreement.

According to theLaw of 6 July 1989, for furnished rentals under the classic lease category (from one (1) year duration or nine (9) months in case of students), the Owner might request from the Resident up to two (2) months rent as security deposit. However, for a lease under the 'bail mobilité' category, the Owner shall not request from the Resident any amount as security deposit.

In relation to the above, the Resident has to be able to provide enough proof in the following cases:

  • For classic lease, stays from 9 months onwards, their condition of student;
  • For 'bail mobilité' category, to be undertaking:

1) professional training; 2) higher education studies; 3) apprenticeship; 4) traineeship agreement; 5) taking part in a period of voluntary service as part of a civic service within the meaning of Article 120-1 of the National Service Code; or, 6) secondment or temporary project within the framework of a professional activity.

SPOTAHOME shall not be liable at any time for not executing the lease agreement as a consequence of not providing enough information as evidence of the abovementioned situations and, in any case, SPOTAHOME does not at any time carry out its assessment or confirm its validity.

12. RENT PAYMENTS

After the Tenancy Agreement, or any other Agreement entered into between the Resident and the Owner, has been signed, it is the sole responsibility of the Owner to collect rent payments from the Resident. SPOTAHOME shall not be held liable, in any manner, for the collection of rent payments or for any outstanding payment that may arise.

13. RELEASE FROM LIABILITY

After 48 hours have elapsed following the Resident's Move-in Date for the Accommodation and where SPOTAHOME has transferred the First Payment to the Owner, all legal and any other type of relationship between SPOTAHOME and the Resident and between SPOTAHOME and the Owner shall expire with regards to the reservation. SPOTAHOME shall not be held liable, for any reason, for any event arising from the subsequent relationship between the Owner and the Resident.

14. INVOICING

Once the reservation has been finalised, the corresponding simplified invoice will be sent to both the Owner and the Resident and, in the event should it be requested, a detailed invoice will be sent with a breakdown of the corresponding Value Added Tax (VAT) or any other applicable tax, depending on the country or place of the transaction.

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

15. DAMAGE TO THE ACCOMMODATION

The Resident is responsible for maintaining the Accommodation in the same condition when he/she arrived at the Accommodation. The Resident and the Owner acknowledge and accept that they are responsible for their own acts or omissions, as well as those of anyone who has been invited or granted access to the Accommodation. SPOTAHOME will not be held liable, for any event, where damage have been caused to the Accommodation, where such liability shall be resolved between Owner and Resident.

16. TERMINATION AND CLOSING OF SPOTAHOME ACCOUNTS

SPOTAHOME, at its sole discretion and without the need to substantiate the reasons, may restrict access to the Website, disable or cancel Advertisements, all without it being held liable and without the obligation to provide prior notice.

Owners may request that SPOTAHOME remove their own Advertisement for their Accommodation from the Platform, by writing to: [email protected] Please note that if the Advertisements are removed, SPOTAHOME is not obliged to transfer the content of the Advertisements to any Owner.

17. PRIVACY POLICY

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

These Terms and Conditions inform the User that Spotahome uses YouTube API Services. Therefore, by using this integration you also agree to the bound by YouTube Terms of Service https://www.youtube.com/static?template=terms.

18. APPLICABLE LEGISLATION AND CONFLICT RESOLUTION

These Terms and Conditions shall be interpreted in accordance with Spanish law.

Any dispute arising from this Agreement will be resolved by arbitration, being final and binding, and administered by the Spanish Court of Arbitration, in accordance with its Regulations and Rules, which is entrusted with administering the arbitration procedures and the appointment of the arbitrator or arbitrators. The seat of arbitration will be Madrid.

19. SPOTAHOME OWNER WARRANTIES

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

Guarantee for Owners

  1. A) Damages

In the event that the Resident causes damages to the accommodation either deliberately or through negligence during their stay, provided that the damage is not due to ordinary wear and tear and that the repair costs exceed the amount of the deposit paid by the Resident, Spotahome will provide coverage up to the value of €500 / £500 at the company's discretion provided that the following requirements are met: What deadlines do I have to consider? As an Owner you must contact Spotahome within seven (7) days of: (i) the date on which the claimed damage occurred; or (ii) the time that the Resident has left the Accommodation. What documents do I need? As an Owner you will need to provide Spotahome within thirty (30) calendar days of notification of damage (in accordance with the time limit in the previous paragraph), with the following documents in order to claim Damage under this Guarantee:

  • Photographic or video evidence of the damage caused by the Resident.
  • Copy of the Rental / Lease Agreement signed by the parties.
  • Copy of the Inventory signed by the parties of the Lease Agreement.
  • Copy of the report made to the Police for damages suffered as a result of vandalism.
  • Copy of the receipt proving that the security deposit constituted by the Inhabitant has been presented and/or deposited, if applicable, with the public or private body designated for this purpose. The Rental / Lease Agreement does not suffice for this required proof.
  • Estimate of the costs of repair of the damage caused or replacement in the event that repair was not possible. The relevant cost assessment document should be issued by a relevant third party.
  • Copy of a receipt, certified document or other proof confirming the original purchase price of the damaged goods, the date on which they were purchased, their condition and the estimated cost of repair or replacement thereof.
  • Proof of multiple requests for payment made to the Resident (by any means, e.g. WhatsApp, email, etc.).

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

The Guarantee will exclusively cover the damaged area or object and not robbery, the labour costs, cosmetic damage, wear & tear, transportation or taxes (VAT). The following items are excluded from the Guarantee: art, money or personal possessions such as computers, tablets, jewellery, wallets or clothes etc..

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

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

Spotahome has the right to inspect the damage prior to settling the guarantee by utilising the services of a Homechecker or Spotahome's collaborator, selected at the discretion of Spotahome.

  1. REASONS FOR FORCE MAJEURE

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

*Serious damage to the accommodation.

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

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

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

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

Guarantee applicable to residents

  1. 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.

  1. B) Cancellation of the reservation by the Owner within 48 hours following the arrival date

In the event that the Owner cancels the reservation within 48 hours following the arrival date in the accommodation, Spotahome will pay the Resident up to 300 Euros for accommodation at the company's discretion provided that the following requirements are met:

1) Spotahome has received the accommodation invoice.

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

Reasons for force majeure

  1. Serious injury, illness or death of the user, a first-degree relative or, the minor or handicapped person where the Resident is the legal guardian.
  2. Serious damage to the accommodation.
  3. Any other cases that arise suddenly and unexpectedly, considered as circumstances out of any of the party’s control. Included in this category are all those situations that, under the conditions set out in this clause, prevent the Owner from offering the Accommodation for rent and/or the Resident from arriving at the reserved Accommodation on the scheduled check-in date.

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

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

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

In the event that Resident tests positive in COVID prior to the check-in date, the Resident will be entitled to request the postponement of said check-in date until the sickness/quarantine is over. Spotahome might request any proof regarding the referred COVID situation at any time.

Should the Resident declines the possibility of postponing the mentioned check-in date, Spotahome Force Majeure policy will apply only in the following cases:

  • The Resident is not physically in the country where the booking will take place and is not able to travel due to his/her positive COVID test, or
  • new travel prohibitions are adopted in the Resident's country of origin or in the property's country of destination (if different from the former), or
  • the government of the country where the property is has instructed a lockdown which does not allow the Resident to move into the property, or
  • the Resident is hospitalized due to COVID, or
  • the Resident has received a medical document stating that he/she will have to quarantine for a period longer than 10 days.

For the avoidance of doubt, Spotahome Force Majeure will not apply in the following circumstances:

  • The Resident is already in the country where the booking will take place and there is no lockdown in said country which impedes the Resident to move into the property.
  • The Resident is in an apartment and any roommate has tested positive in COVID and the Resident is asking Spotahome to be relocated. For clarity, it is essential to understand that Spotahome introductory digital service is fully rendered once the booking has been confirmed, therefore, any circumstance occurring after the check-in is not the responsibility of Spotahome. Spotahome will assist the Resident by mediating with the Landlord but in any case, the relocation or any other solution will be solely a Landlord's decision.

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

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


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