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 Ortega y Gasset, 9, 6º, 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 means 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.
  1. User Content shall not infringe the rights of third parties.
  2. User Content must not be published for purposes other than those envisaged for the Services.
  3. User Content must not include viruses, worms or any type of code of a destructive nature.
  4. User Content must comply with technical requirements and conditions established by the Company at each time.
  5. 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.
  6. 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 judgement, breaches these Terms or may be offensive, illegal or infringe on the rights of any third 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 fulfilment 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 its 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.

EXCEPT IN THE CASE OF WILFUL MISCONDUCT, AND THOSE CASES IN WHICH DUE TO THE PARTICULAR CIRCUMSTANCES OF THE USER OR THE OBJECT, A MANDATORY LIABILITY REGIME IS APPLICABLE, THE USE OF THE WEBSITE AND THE SERVICES IS AT THE SOLE AND ENTIRE RISK OF THE USER AND ERASMUSU SHALL NOT BE LIABLE FOR ANY DAMAGE OR HARM OF ANY NATURE THAT IS GENERATED TO THE USER BY THE USE OF THE WEBSITE AND 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

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.

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 fulfilment 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. 

Management of the Payment to Erasmusu

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 an 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.

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.

Complaint by the Accommodation User and Refunds

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) metres.
  2. Significant deficiency.
  3. Inclusion of false photographs in the identification of the dwelling.
  4. Existence of extra costs not included in the advert.

The meaning of "significant deficiency" 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 Landlords 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:

  • 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.
  • 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 ITS 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:

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: Ortega y Gasset, 9, 6º, 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 you 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 User. Once the data is erased it will be kept blocked for a period of six years at the disposal of the 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 user. Once the data is erased it will be kept blocked for a period of six years at the disposal of the 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.

Recipients: 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, 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 an 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 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 October 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 visiting 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.

  1. 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 a domain other than ours that is managed by another collaborating entity.
  2. 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.
  3. 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.

COMPANY

NAME

WHAT IT’S FOR

EXPIRY DATE

.google.com

APISID

These cookies are used to store user preferences and user information. They connect to the user’s Google account when the user accesses its services again. As long as the session remains active and the user uses plug-ins on other websites like ours, Google will use these cookies to improve the user’s experience.

Up to 2 years

.google.com

HSID

These cookies are used to store user preferences and user information. They connect to the user’s Google account when the user accesses its services again. As long as the session remains active and the user uses plug-ins on other websites like ours, Google will use these cookies to improve the user’s experience.

Up to 2 years

.google.com

PREF

These cookies are used to store user preferences and user information. They connect to the user’s Google account when the user accesses its services again. As long as the session remains active and the user uses plug-ins on other websites like ours, Google will use these cookies to improve the user’s experience.

Up to 2 years

.google.com

SAPISID

These cookies are used to store user preferences and user information. They connect to the user’s Google account when the user accesses its services again. As long as the session remains active and the user uses plug-ins on other websites like ours, Google will use these cookies to improve the user’s experience.

Up to 2 years

.google.com

SID

These cookies are used to store user preferences and user information. They connect to the user’s Google account when the user accesses its services again. As long as the session remains active and the user uses plug-ins on other websites like ours, Google will use these cookies to improve the user’s experience.

Up to 2 years

.google.com

SIDCC

These cookies are used to store user preferences and user information. They connect to the user’s Google account when the user accesses its services again. As long as the session remains active and the user uses plug-ins on other websites like ours, Google will use these cookies to improve the user’s experience.

Up to 2 years

.google.com

SSID

These cookies are used to store user preferences and user information. They connect to the user’s Google account when the user accesses its services again. As long as the session remains active and the user uses plug-ins on other websites like ours, Google will use these cookies to improve the user’s experience.

Up to 2 years

.google.com

1P_JAR

These cookies are used to store user preferences and user information. They connect to the user’s Google account when the user accesses its services again. As long as the session remains active and the user uses plug-ins on other websites like ours, Google will use these cookies to improve the user’s experience.

Up to 2 years

.google.com

LSID

These cookies are used to store user preferences and user information. They connect to the user’s Google account when the user accesses its services again. As long as the session remains active and the user uses plug-ins on other websites like ours, Google will use these cookies to improve the user’s experience.

Up to 2 years

.google.com

NID

These cookies are used by Google to store user preferences for advertising purposes.

Up to 2 years and six months

.google.com

OTZ

These cookies are used by Google to store user preferences for advertising purposes.

Up to 2 years and six months

Erasmusu

Google Analytics (_ga)

These cookies are used to distinguish users.

Up to 2 years

Erasmusu

Google Analytics (_gat)

These cookies are used to distinguish users.

Up to 2 years

Erasmusu

Google Analytics (_gid)

These cookies are used to distinguish users.

Up to 2 years

Facebook

datr

This security system called “Delta”, used by Facebook, verifies at every login whether the user’s account is not being used in a fraudulent way by a third-party.

Up to 3 years

Facebook

fr

Facebook uses this cookies to track users, who are not connected to Facebook, for advertising purposes.

1 year and three months

Facebook

Reg_ext_ref

These cookies provided by Facebook are established when a user logs in or uses the service. It allows the user to make comments or share an article through the social network.

Session

Facebook

reg_fb_gate

These cookies provided by Facebook are established when a user logs in or uses the service. It allows the user to make comments or share an article through the social network.

Session

Facebook

reg_fb_ref

These cookies provided by Facebook are established when a user logs in or uses the service. It allows the user to make comments or share an article through the social network.

Session

Tawkt

_cfduid

Allows the functioning of chat assistance.

1 year

Tawkt

ss

Allows the functioning of chat assistance.

2 years

Hotjar

_hjIncludedInSample

Hotjar Cookie. This session cookie is set to let Hotjar know whether a specific visit is included in the sample which is used to generate funnels.

1 year

Hotjar

_hjClosedSurveyInvites

It impedes the Hotjar Survey from reappearing if it has already been closed.

2 years

Hotjar

_hjDonePolls

It impedes the Hotjar Poll from reappearing if it has already been filled in.

3 years

Hotjar

_hjMinimizedPolls

It allows the poll to stay minimised when the visitor navigates through the site.

4 years

Hotjar

_hjDoneTestersWidgets

It impedes the form from reappearing if it has already been filled in.

5 years

Hotjar

_hjMinimizedTestersWidgets

It allows the form to stay minimised when the visitor navigates through the site.

6 years

Hotjar

_hjDoneSurveys

It impedes the Hotjar Survey from reappearing if it has already been filled in.

7 years

Google

__gads

Targeting/Advertising

1 year

Tradedoubler

Tradedoubler

Management of affiliates

1 year

Criteo

userHashedEmail

Identification of users

1 year



How to disable Cookies or change their settings?

You can enable, block or delete cookies installed on your device by changing the settings of the browser installed on your computer. To find out more about how to block cookies, follow the links below:

  • Internet Explorer: Tools -> Internet Options -> Privacy -> Settings. For more information, please check Microsoft’s support or your browser's Help section.
  • Firefox: Tools -> Options -> Privacy -> History -> Custom Settings. For more information, please check Mozilla’s support or your browser's Help section.
  • Chrome: Settings -> Show Advances Settings -> Privacy -> Content Settings. For more information, please check Google’s support or your browser's Help section.
  • Safari: Preferences -> Security. For more information, please check Apples support or your browser's Help section.

If you have any doubts regarding how we use cookies or in terms of their settings and your consent withdrawal, you can contact us by sending an email to [email protected] 

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: August 5, 2022

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

SPOTAHOME is not a touristic operator nor a platform whose main purpose is to offer tourist accommodation as an intermediary. The platform does not qualify in any case whatsoever as a 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 Piamonte, 23, 28004, Madrid (Spain) and Tax number B87004511.

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

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

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

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

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

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

" Owner" means the person or entity that has entered into an Agreement with SPOTAHOME to publish an Advertisement for the Accommodation on the Platform, in order that a Resident may make a reservation for the Accommodation via the Platform. Owners may be either individuals or legal entities, or any other entity that is the owner or manager to enter into a Lease Agreement for the Accommodation on their own behalf or for a third party for a lease for medium to long-term period. 

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

If the Owner is a legal entity, the individual making use of SPOTAHOME services accepts this Terms and Conditions on behalf of the Owner and confirms the he/she holds enough legal standing to fulfill any obligations on its behalf.

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

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

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

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

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

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

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

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

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

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

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

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

3. USE OF THE PLATFORM, APPLICATION AND SERVICE

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

SPOTAHOME's responsibilities are limited to:

a) Providing the Platform, Application and services.

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

4. ACCOMMODATION LISTING

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

Note for users, in particular, 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.

All Platform Ads, Application and services are created and verified by SPOTAHOME.

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

The plans published in the Advertisements are orientative and serve an explanatory purpose. It is not guaranteed that the dimensions reflected in them are exact. SPOTAHOME will not be responsible in any way for the inaccuracy of the same.

The Owner shall provide all the necessary information to create his/her listing or 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 Accommodation including the payment terms published in the Advertisement, shall always be determined by the Owner and at his sole discretion. Any request for modification or changes relating to the Advert must be requested by the Owner to SPOTAHOME, who will have a maximum period of seven (7) working days to carry out the required modifications.

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.

The Advertisements are written and designed by a qualified professional of the SPOTAHOME team, never by the Owner.

The creation of the Advertisements and the audiovisual material are free of charge for the Owner. Once the Advertisement of the Accommodation has been created, the Owner will have three (3) natural days from its notification by SPOTAHOME to express his/her disagreement with the same, communicating it duly. Otherwise, once this period has elapsed, it is understood that the Owner manifests his/her conformity with the Advert and accepts the Terms and Conditions of SPOTAHOME. The Owner understands and accepts that once the Inhabitant reserves the Accommodation, the price of this reservation cannot be altered.

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

SPOTAHOME guarantees the characteristics of the Accommodation on the date on which SPOTAHOME verified them. The Inhabitants recognize and accept that the Accommodation they reserve was verified on a different date and prior to the date of reservation and that the characteristics of the same may differ from the conditions of the moment in which SPOTAHOME verified them. However, the Owner is obliged to maintain the Accommodation in conditions similar to those shown in the advertisement. If the conditions of the Accommodation differ notably from those of the advertisement, SPOTAHOME reserves the right to withdraw the Advertisement of that Accommodation from the Platform, the Application or the services, without prejudice to retaining or claiming from the same any charge made for the provision of the services as compensation for non-compliance with 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 Accommodation and the Advertisement and it shall in particular maintain the legally required conditions of the Accommodation in order to keep the registration number updated and in force, as well as complying with any other permit, authorization or legal requirements. 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 sublet 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:

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

In the event that the Owner accepts the reservation requested by the Resident, the First Payment and the Reservation Fee, along with the corresponding Value Added Tax (VAT) will be charged from the Resident's bank card and confirmation email will be automatically issued for both the Owner and the Resident confirming the reservation and put both the Parties in contact with each other. From this moment on, it is the Owner's responsibility to provide all the necessary information to the Guest for his/her entry into the Accommodation (See Entry Policies).

The Owner acknowledges that he/she is solely responsible for any Advertisement he/she approves for publication and that he/she has full rights to dispose and authorise the reservation of the advertised property.

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

  1. not infringe on any Agreement entered into with a third party and
  2. 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 through the Platform or in the Application is one month, and the Owner may establish a longer minimum period.

The Owner will decide the type of Contract that will apply to the Accommodation, being able to choose among the following types: daily, fortnightly or monthly. https://www.spotahome.com/contract-types/

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

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

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

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

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

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

Discount Codes

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

Mandatory Debit Mandate for UK Owners

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

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

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

Payment timings

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

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

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

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

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

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

9. CANCELLATION POLICY FOR OWNERS

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

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

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

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

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

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

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

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

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

10. CANCELLATION POLICY FOR RESIDENTS

Cancellations 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:

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

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

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

  • Transparency and Consumers' protection 

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

SPOTAHOME is a member of:

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

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.

  • Spotahome E-Contract

As of October 1, 2019, all bookings confirmed on the SPOTAHOME Platform for London generate a standard Rental Contract (either the lease -AST- modality or a license of occupancy -LTO-) which will be sent electronically to both the Landlord and the Inhabitant for signature.

SPOTAHOME offers this service at no cost to its users. The Rental Contract models are intended to incorporate the best industry practices.

SPOTAHOME recommends that its users seek independent legal advice before signing the contract, should they have any doubts about their own rights and obligations in relation to the bookings they receive from the Spotahome platform.

SPOTAHOME's relationship with these agreements is that of a trusted and disinterested third party.

SPOTAHOME disclaims any representation of any kind in relation to the agreements. It is the responsibility of the Owner and the Inhabitant to evaluate all risks associated with these agreements.

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.
  1. 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.
  1. 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
    6. secondment or temporary project within the framework of a professional activity.

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

APPLICABLE TO SPAIN

  • Spotahome E-Contract 

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

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

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

12. RENT PAYMENTS

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

13. RELEASE FROM LIABILITY

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

14. INVOICING

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

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

15. DAMAGE TO THE ACCOMMODATION

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

16. TERMINATION AND CLOSING OF SPOTAHOME ACCOUNTS

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

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

17. HOW THE VALUATIONS WORK

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

18. PRIVACY POLICY

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

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

19. APPLICABLE LEGISLATION AND CONFLICT RESOLUTION

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

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

20. SPOTAHOME OWNER WARRANTIES

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

Guarantee for Owners

A) Damages

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

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

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

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

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

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

Spotahome 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.

REASONS FOR FORCE MAJEURE

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

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

*Serious damage to the accommodation.

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

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

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

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

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

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

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

Guarantee applicable to residents

A) Waiving of the Cancellation Policy for residents in the case of Force Majeure

In the event that the Resident cancels their reservation due to Force Majeure, Spotahome will waive the Cancellation Policy for residents and will reimburse the amount paid by the Resident to Spotahome, providing that sufficient documentation has been submitted and the assessment will be made at the sole discretion of Spotahome.

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

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

1) Spotahome has received the accommodation invoice.

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

Reasons for force majeure

*Serious damage to the accommodation.

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

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

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

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

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

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

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

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

Unexpected disease, illness, or injury.

Government obligations like jury duty, court appearances or military duties.

Travel advisories or other government guidance (that fall short of a travel ban or prohibition).

Cancellation or rescheduling of an event for which the reservation was made.

Transport disruptions like road closures, as well as flight, train, bus, and ferry cancellations.

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

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

PLUS SERVICE TERMS AND CONDITIONS

1. LANDLORDS

GENERAL

Spotahome is a Spanish company, based in Calle de Piamonte, 23, 28004, Madrid, Spain which provides real estate services through the internet being an online Platform for medium and long term rentals.

All sections established in this document constitute a legal relationship between the signer and Spotahome.

KEY TERMS

Spotahome” Spotahome, S.L.U., a company incorporated in accordance with the laws of Spain, domiciled at Calle de Piamonte, 23, 28004, Madrid, Spain, and CIF B87004511.

Package Plus”is an online real estate service offered by Spotahome to owners in order to manage the lease of their properties.

"Platform / Website" means any of the domains owned by Spotahome through which Spotahome allows tall users to use or browse the online Platform.

Owner, Client or Landlord” means the person or entity that has entered into an agreement with Spotahome to publish an advertisement for the accommodation on the Platform, in order that a Tenant 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.

Tenant” means the person requesting a reservation for the accommodation via the Platform, application or services and/or who is residing at an accommodation and who is not the Owner of the same accommodation.

Property” that flat, house or room that the Owner advertises through the Spotahome website so that the Tenant can reserve it online.

"Price" will be that defined by Spotahome for this service once the Owner accepts the reservation through the Spotahome Platform.

"Reservation" is the one made by the Tenant to reserve the Property. This Reservation request and the form are processed in the form of an email including all the information requested by the Owner who will receive it. Likewise, the Reservation request contains the date of entry, the date of departure and the payment.

Lease Agreement” is the private lease agreement signed by the Owner (as Landlord) and by the Tenant.

Guarantee” It is a product provided by Spotahome or by a third party and offered to Tenants, which allows them to rent a Property without requiring an advance payment from the Tenant. For informational purposes, this product cannot be considered as insurance in the legal insurance scheme, but rather as an Guarantee.

Guarantee Entity” is an entity or third party contracted by Spotahome, that guarantees the breaches and non-compliance by the Tenant towards the Owner.

"Terms and Conditions" are the terms contained in the Spotahome website www.spotahome.com/es/terms-and-conditions , which are known and accepted by the Client.

CLAUSES

FIRST. PURPOSE.

Spotahome hereby undertakes to provide its real estate services with respect to the Property, which will be commercialised by Spotahome during the term and conditions agreed upon in this document.

Spotahome will promote and market the properties through its Platform, making descriptions of them as well as any other actions that Spotahome deems appropriate, including their verification.

For informational purposes, this document is an extension of the Spotahome Client's Terms and Conditions regarding the Package Plus service.

The natural or legal persons who wish to lease the aforementioned Property, once the corresponding reservation has been made through the Platform, shall sign a Lease Agreement with the Landlord.

For clarification purposes, it is indicated that in no event may Spotahome be considered the lessor or sublessor of the Properties and will not be liable to the Landlord, Tenant or sublessee for any obligation arising from the lease or sublease contract signed between the Landlord, the Tenants or sub-tenants. The Client shall hold harmless, defend and indemnify Spotahome from any and all claims that arise out of the subject matter called for in the present document. This condition is essential for the signing of this Contract.

SECOND. DESCRIPTION OF THE SERVICES PROVIDED BY SPOTAHOME.

Spotahome will perform the following services:

Spotahome will assist the Client in preparing the material for the advertisement on the Platform, when necessary.

Spotahome will search for potential Tenants through the publication of the Property on the Platform or through other advertising means for the effective dissemination of the rental of the Property.

Spotahome will carry out a financial feasibility and solvency study of potential Tenant candidates after signing the Contract on behalf of the Guarantee Entity.

Preparation of the documentation and drafting of a standard Lease Contract for the Client.

Spotahome will pay the rent every month to the Landlord:

-- The first month will be settled by the payment deposited by the Tenant through the Spotahome platform that he/she makes at the time of making the reservation and that will be settled to the Client within forty eight (48) hours after the Tenant's check in, unless any of the conditions indicated in the Spotahome Terms and Conditions apply, after the Tenant uses the property.

-- The rest of the monthly payments will be settled by the 5th of each month, as long as the requirements contemplated in the sixth clause are met by the Client. Furthermore, the parties agree that once the monthly payment is paid by Spotahome, it will be converted into a monthly payment ("Debt") that the Tenant will owe exclusively to Spotahome. For information purposes, in the event of any delay in the payment of the monthly payment to the Landlord by Spotahome, the Debt will not become Spotahome's Debt until Spotahome has paid the monthly rent to the Landlord.

If the Landlord has received any money from the Tenant corresponding to the Debt, the Landlord shall return the referred Debt to Spotahome within seven (7) calendar days. If the Landlord does not return the Debt, Spotahome will charge the Landlord a minimum penalty of fifty (50) euros for the first month of delay and, additionally, a delay interest of three percent (3%) which will be charged monthly over the total amount overdue for each month outstanding until the payment of the Debt is verified. The foregoing, without prejudice to Spotahome being able to take the appropriate legal actions in defence of their rights.

Spotahome will pay to the Owner the monthly rent, even in cases in which the Tenant does not pay, as long as the Tenant continues to be housed in the Property, after the establishment of a Guarantee by the Tenant with the Guarantee Entity, up to the maximum defined in the seventh clause, as long as the requirements contemplated in the sixth clause are met by the Client. For this, the Client accepts and consents that Spotahome offers this product and service to the Tenants who are going to stay in their Property, as well as makes Spotahome beneficiary of the guarantee in case of non-payment, as long as the Client has already received the corresponding unpaid rent from Spotahome.

THIRD. PRICE.

The price of the service will be that defined by Spotahome for this Plus package and must be accepted by the Client when accepting a reservation when it is made under the Plus Package modality.

Spotahome will charge the price of the service to the Client by deducting said amount from the payment of the first month's reservation by the Tenant and paid to the Landlord forty-eight (48) hours after the Tenant's check-in.

In the event that additional services to those established herein are agreed, these must be expressly accepted by both parties and formalised in writing.

QUARTER. TERM.

The purpose of this document will have a duration of one (1) year from its signature, tacitly extending it for annual periods if neither party notifies the other, in writing and at least one (1) month in advance of the date of termination the willingness not to renew it.

Likewise, these terms and conditions will only come into force when the Client accepts a reservation through the Platform by contracting the Plus service.

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

By mutual written agreement of the parties.

By any party with a notice of one (1) month in advance.

By any Party when there is a breach of the obligations agreed upon in this document, unless the defaulting party remedies it within ten (10) calendar days from the date the other claims it.

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

FIFTH. SPOTAHOME OBLIGATIONS.

Spotahome undertakes to commercialise the Property on its web platform www.spotahome.com from the entry into force of this document in the Terms and Conditions described therein. Likewise, Spotahome is obliged to offer adequate information about the Property, in accordance with the information that the Client has provided to Spotahome.

Additionally, Spotahome undertakes to comply with all its obligations in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, General Data Protection Regulation, as well as in Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.

SIXTH. CLIENT OBLIGATIONS.

The Client, by signing these terms, expressly and unequivocally accepts the Terms and Conditions of Spotahome.

The Client, in order to get full Guarantee’s coverage, undertakes to comply with all the requirements mentioned below:

1) The Client must have expressly and unequivocally received confirmation from the Guarantee Entity or Spotahome that the Tenant has passed the verification process before Tenant’s check in. In the event of not complying with this section, the Client will not be covered by the Guaranty Entity. Therefore, it is important that if such confirmation has not been received, the Client shall consult Spotahome before arranging the Tenant's check-in. The Landlord will be entitled to cancel the booking, once accepted, with no penalty in the event that the Tenant has not passed the verification process within five (5) working days.

2) The Client must make a detailed inventory of the Property. The report must be signed by the Tenant within seven (7) days following the start date of the Lease Agreement. Likewise, the Client agrees to send the referred report to Spotahome within the aforementioned period.

3) The maintenance of a true and complete record of all the updated lease contracts, containing all the matters contemplated between the Client and the Tenant.

4) Take all necessary precautions to reduce the risk of non-compliance in order to minimise costs and outlays by the Guarantee Entity and / or Spotahome.

5) In the event of defaults or damages, the Client undertakes to take all reasonable measures aimed at minimising the financial exposure of the Guarantee Entity or Spotahome, which will include the issuance of the relevant legal notifications to the Tenant, the initiation of a mediation with the Tenant, the eviction and procedures for releasing the Property, conducting a Property inspection by the Client, or other pertinent measures.

6) In the event of non-compliance by the Tenant, only in the exceptional case that there is a deposit and this has been agreed with Spotahome and with the Tenant in the Lease Agreement, the Client undertakes to make the relevant deductions from the deposit provided by the Landlord.

7) In the event that the Guarantee Entity provides any payment and the Client has received any amount from a third party with respect to a breach, the Client must notify and return to Spotahome the amount paid by the Guarantee Entity within seven (7) business days from the date of receipt in order for Spotahome to make the refund of the referred payment to the Guarantee Entity.

8) The Client must sign a Tenancy Agreement with the Tenant and provide a copy of the referred signed Tenancy Agreement to Spotahome before the 3rd day of the following month, that is, if parties signed the Tenancy Agreement on the 15th May, they need to provide a copy to Spotahome maximum on the 3rd June. The referred signed copy must be sent to the following email address: [email protected]

In the event that the parties fail to provide such copy, the Plus service will be downgraded to Premium only and the present Terms and Conditions will no longer be applicable, that is, any guarantee herein contained will not be applicable either to Landlord or Tenant and, in particular, rent will not be paid in advance by Spotahome.

9) In the event of the following circumstances: (i) Tenant leaves the property earlier than agreed (“early exit”), (ii) the Tenant does not move in the agreed date (“no show”), (iii) the Tenant cancels or wishes to cancel the booking (“Tenant cancellation”) and (iv) the Tenant wishes to extend the duration of the booking (“booking extension”) the Client must inform Spotahome as soon as possible (even if the Tenant informed Spotahome him/herself) and must transfer immediately to Spotahome any payment made by the Tenant related to these circumstances with the aim that Spotahome can update the booking and clarify the situation.

If the Client fails to do so, the following consequences might take place: (a) the rent payment might be withheld by Spotahome until Spotahome can clarify the situation with the booking; (b) penalties might be applied in order to compensate Spotahome the administrative expenses and (c ) Plus service guarantee might not be applicable.

In the event that the aforementioned requirements are not met and the Guarantee Entity coverage does not occur, the Client agrees to release Spotahome from all liabilities.

For clarification, Spotahome is only obligated to provide the services listed in this document.

SEVENTH. GUARANTEE COVERAGE.

The Guarantee’s period of coverage is for the entire lease term, with a maximum of (1) one year. In the case of long-term contracts of more than one (1) year or in contract renewals or extensions, the Tenant must pass a new solvency test and the Landlord must renew the Guarantee In each annuity or in each renewal or extension of the contract. To do this, both parties must contact Spotahome and renew the lease / Guarantee contract through Spotahome according to the ninth clause. Failure to execute said extension through Spotahome or after the first year will mean the non-renewal of the Guarantee and therefore the loss of its coverage by Spotahome.

The value of the total coverage of the Guarantee under this Contract will not exceed the total rental fee of the Tenant under the Lease Agreement for the agreed term, with a maximum value of six (6) months of the monthly rental fee, minus the value of the deposit, in the exceptional case that there is a deposit.

The maximum Guarantee to receive each calendar month in relation to a Non-payment of the rent, will be limited to an amount equal to the Tenant's rent fee for that calendar month. That is, Spotahome will pay the Owner each month, the maximum of one (1) monthly rent based on the rental price booked through the Spotahome Platform.

Coverage with respect to any payment request submitted at the end of the period of validity of the contract, is limited to an amount equal to the Tenant's rent for two (2) calendar months, consisting of amounts derived from the following or from a combination of the following: (a) a maximum of a one-month (1) rental instalment for non-payment of the last month of the contract; (b) damages whose repairs are valued at an amount that does not exceed the two-month (2) rental fee.

Any request for payment of damages must be submitted within twenty (20) days after the expiration or termination of the warranty period. The Guarantee will not cover any non-payment of rent when a) caused by the abandonment of the Property by a Tenant prematurely due to the breach of the terms of the Lease Agreement by the Landlord; or (b) bill payments not included in the rental price rented through Spotahome.

In order to offer the Guarantee, Spotahome may offer Tenants the referred Guarantee, via Spotahome or a Guarantee Entity or through a third party outside of Spotahome, at Spotahome's sole discretion.

Likewise, Spotahome reserves the right to modify the way in which it offers the referred Guarantee by contracting, at its complete discretion, other services or products of similar coverage without the need to formalise the aforementioned modification in another Contract. In that case Spotahome will notify the Owner by email.

EIGHTH. DAMAGES.

In addition to non-payments, in the case of damage to the Property, the Client must inform the Guarantee Entity without delay within a period of fourteen (14) days, once the damage in question is discovered, with the aim of being covered by the Guarantee. By way of clarification, the warranty for damages will not cover the following:

1) Damages or losses to the Property that have not been caused directly by the Tenant;

2) General wear and tear;

3) Items that are not included in the inventory or that are not visible in the inventory photos or video;

4) Damage to common areas; as long as all the Tenants are not part of a reservation covered by the same Guarantee;

5) Charges over € 50 per Lease for cleaning the property;

6) Charges over € 25 for changing the locks on the doors of the Property;

7) the garden;

8) Damage caused by domestic animals;

9 ) Damages caused by force majeure;

10) The alteration of the Property agreed in writing between the Landlord and the Tenant; or

11) Damages for which the Tenant has previously submitted a request for payment.

Likewise, the Guarantee will only cover repairs valued at an amount that does not exceed the rent paid by the Tenant for two (2) months, as per clause seventh.

NINTH. EXTENSION, RENEWAL AND REDUCTION OF THE LEASE AGREEMENT.

In the event that the Tenant and the Owner decide to extend, renew or reduce the term of their Lease Agreement, both parties must agree and contact Spotahome to formalise such changes in an annex to the Agreement, and in the case of the Owner, to be able to extend or renew the Guarantee of non-payment on the Tenant; and in the case of the Tenant, to continue benefiting from the rental without a deposit.

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

For any early departure, the Tenant must notify the Owner with at least thirty (30) days notice, or what is agreed in the Lease Agreement.

In the event that the Tenant leaves the Property without notifying the Landlord or notifying to the Landlord with less than one month in advance, Spotahome will make every effort to find the next Tenant to try to minimise the time in which the Property is unoccupied. In any case, Spotahome, through the Guarantee, will compensate the Owner for the rental income proportional to the days pending completion up to the thirty (30) days notice required minus the days that Spotahome manages to rent said property in said thirty (30) days. For clarification purposes, if the Tenant informs on the 1st of the month, of its wish to leave on the 14th, and Spotahome rents the house from the 20th, the Tenant will have left with 14 days notice and Spotahome will compensate for 6 days, until the 20th in which the house has a rental again. In the exceptional event that Spotahome does not obtain any rental in that period of time, the Guarantee will cover the owner for the monthly rent proportional to the sixteen (16) days pending until thirty (30) days of prior notice.

In addition, in the event that the Tenant leaves early, Spotahome will return to the Client the pro rata of the fee charged for the rental service for the months pending use, once the cost of the Guarantee has been discounted, which cannot be returned as it is offered by a third party company (that is, equivalent to a three 3% of the total amount of the Contract).

TENTH. CONFIDENTIALITY.

The parties expressly undertake, both during the term of this document, and after its termination, not to disseminate, transmit, or reveal to third parties or companies, any information to which they have access as a result of the execution and development of this document, or exchanged between said parties, as a consequence thereof, or to use said information in their own interest or that of any third party. Likewise, the disclosure of information in favour of employees and / or collaborating companies of Spotahome is exempted. In any case, the persons receiving the information must comply with the duty of confidentiality set forth herein.

ELEVENTH. ASSIGNMENT.

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

TWELFTH. AMENDMENTS TO THIS CONTRACT.

The conditions of this document are subject to variation or modification as well as their respective Annexes at any time, provided that they are made by mutual agreement between the parties and that there is evidence in writing.

THIRTEEN. LAW AND JURISDICTION.

These terms will comply with and be governed and interpreted in accordance with Spanish law.

For any conflict that may arise between the parties for interpretation, fulfilment, and execution of the present document, the parties submit to the jurisdiction of the Courts of Spain, and the jurisdiction of the Courts and Tribunals of the city of Madrid.

FOURTEEN MANDATORY "KEY CLAUSES" TO BE INCLUDED IN THE LEASE AGREEMENT.

The Client understands and accepts that the Guarantee will cover the Client provided that the Lease Agreement contains the clauses listed in the present clause (hereinafter, the “Key Clauses”).

The Key Clauses are mandatory, and they must be transcribed literally into the Lease Agreement. Any amendment of the clauses might imply the lack of validity of the Guarantee. Spotahome will not be liable if the Guarantee is not applicable due to the lack of inclusion of the Key Clauses or due to an Amendment of the Key Clauses.

For the purpose of the introduction of the Key Clauses in the Lease Agreement, the Client has two (2) options:

The client could use Spotahome’s template: Spotahome will provide the Client with a Lease Agreement template (hereinafter “Template”) containing the aforementioned Key Clauses. The use of the Template offered by Spotahome shall be at the sole discretion of the Client as this template is provided for the Client’s convenience, but it is in no case mandatory. In the event that the Client has any special circumstance to reflect in the contract, it is advisable to consult with a law professional. Spotahome provides this template for free and in no case shall be liable for it. The Client could amend the Template to adjust it to his/her circumstances but the Key Clauses must not be amended, otherwise the Guarantee will not be applicable.

Alternatively, the Client could use a Lease Agreement different from the template provided by Spotahome: In this case, the Client must ensure to add the Key Clauses in their literal wording. If any of the aforementioned Key Clauses are not included in the Lease Agreement or the content of any of them is modified the Client will not be covered by the Guarantee. In any case, the Client undertakes to exempt Spotahome from any liability arising from the Lease Agreement as Spotahome is not a party in said agreement.

The Lease Agreement must include the following mandatory Key Clauses:

2.1 Clause referred to the twenty-four (24) hours period that tenant must report any significant deficiencies in the property to Spotahome according to its Terms and Conditions:

“In the event that the Tenant will arrive at the Property on the day of check-in and the Property has significant deficiencies or is significantly different from what is described in the Spotahome advertisement (“Spotahome”), the Tenant may leave the Property at said day without cost, or penalty, as long as the Tenant report it to Spotahome within the first twenty-four (24) hours after check-in, and provide visual documentation that reliably proves said significant deficiencies and these are approved by the Spotahome customer service team.” 2.2 Clause referred to the inventory of the contents of the property/room informing of the condition of all the items therein:

“An inventory with the personal property and belongings of the Property, as well as its state of use and conservation, both at the time of making it available to the Tenant for its use and enjoyment, as well as its state of use and conservation is hereby incorporated as Annex I at the moment in which, for the purpose or termination of the Contract, the Tenant makes it available to the Landlord.”

2.2. Clause referred to the obligation of the Tenant to pay the rent to Spotahome within the deadline of 10 days.

“Both Parties agree to set a monthly rent of __________ EUROS (__________ €).

The Tenant has paid the amount of ______€ to Spotahome, that have not yet been received by the Landlord, since they will be transferred to the Landlord at the time of check in as payment of the first month's rent (rent of the month of______). To proceed with the monthly rent payment, the Tenant shall sign-up to GoCardless in the following link https://pay.gocardless.com/AL000359N4GAYT. By completing the sign-up process, the Tenant shall create a direct debit mandate, i.e. payment authorisation for Spotahome, in order to direct debit the Tenant’s bank account within the first ten (10) days of the month.

For information purposes, no money will be debited from the Tenant’s bank account by granting this authorisation, being the Tenant always notified before Spotahome collects any future payments. This process is mandatory for all Spotahome Tenants with plus bookings and is not optional.

The Tenant hereby undertakes that Spotahome shall be the exclusive owner of the debt in respect of the monthly payment, as a result of Spotahome having guaranteed the monthly rent to the Landlord. Therefore, in no event shall the Landlord be deemed to be the owner of the debt.

In the event of a delay by the Tenant in the payment of the corresponding monthly rent, a minimum penalty of fifty (50) euros for the first month of delay and, additionally, a delay interest of three percent (3%) which will be charged monthly over the total amount overdue for each month outstanding until the receipt of payment is verified. The foregoing, without prejudice to Spotahome being able to take the appropriate legal actions in defense of their rights.”

2.3. Clause referred to the obligation of the Tenant to pass a vetting process to be part of this Plus Package.

“After having passed a verification process, the Tenant will have a guarantee (provided by the company “Homeppl”, at the request of Spotahome) that will cover the Landlord for defaults or damages according to the conditions agreed between the Tenant and Spotahome in the management Contract of the rent.

For information purposes, the Guarantee offered by Homeppl to the Tenant advances the payment to the Landlord but does not exempt the Tenant from any liability for damages and costs. In which case, Homeppl may demand the repayment of the damages caused to the Tenant.”

2.4. Clause referred to the “zero deposit” feature that applies to the Lease Agreement for those Tenants who have passed the vetting process, as specified in the previous clause.

“As it is based on the guarantee offered by Homeppl, through Spotahome, the Landlord and the Tenant agree not to require a deposit. 

2.5 Clause referred to the inclusion of all fees in the monthly rent.

“The payment of the services and supplies is understood to be paid by the Tenant after having agreed between the Parties that these expenses are included in the monthly price.”

2.6 Clause referred to the obligation of Tenant to give a notice of 30 days in case of leaving the property earlier than the agreed date. “In the event that the Tenant intends to leave the Property before the departure date agreed between the Parties, the Tenant must notify the Landlord of the early departure in writing with a minimum period of thirty (30) days.

In case of leaving early with a period of less than thirty (30) days, the Landlord is entitled to up to thirty (30) days covered by the guarantee, and Homeppl may require said payment to the Tenant later.”

2.7 Specific termination clause:

“The Parties are obliged to comply with the full agreed lease period, allowing its resolution only in the cases legally contemplated.

(1) By the Tenant, as long as it is notified reliably and with thirty (30) days prior notice.

(2) By the Tenant if, on the start date of this Contract, he/she cannot move to the property due to the existence of essential deficiencies that have not been resolved by the Landlord in the agreed time, in accordance with the indicated in the Spotahome Terms and Conditions, binding and accepted by both parties to this Agreement.

(3) By the Landlord, in the event that the Tenant does not provide information or provides incorrect or insufficient information at the time of booking through the Spotahome platform, in accordance with the terms and conditions, which does not allow verifying the data you provide. Any of these cases will determine the nullity of this Contract and will determine the application of the Cancellation Policies contained in the Spotahome Terms and Conditions.

(4) By the Landlord, in the event that the Tenant does not move into the property on the start date of this Contract, which also implies the application of the cancellation policies, in accordance with the provisions of the Terms and Conditions. Spotahome Conditions.

(5) Unilaterally by any of the Parties, in the event of non-compliance by the other of any of the obligations contained in this Contract, provided that it is notified reliably and with thirty (30) days' notice.”

2. TENANTS

GENERAL

Spotahome is a Spanish company, based in Calle de Piamonte, 23, 28004, Madrid, Spain which provides real estate services through the internet being an online Platform for medium and long term rentals.

All sections established in this document constitute a legal relationship between the signer and Spotahome.

CLAUSES

FIRST. PURPOSE.

Spotahome will provide the Tenant with the possibility of renting a deposit free property. Spotahome works with thousands of Landlords and have reached agreements with a series of them in order to offer their properties in the market without requiring an initial deposit which will make renting more affordable and easier for Tenants.

For clarification purposes, it is indicated that in no event may Spotahome be considered the lessor or sublessor of the Properties and will not be liable to the Landlord, Tenant or sublessee for any obligation arising from the lease or sublease contract signed between the Landlord, the Tenants or sub-tenants. This condition is essential for the signing of this Contract.

SECOND. PRICE.

The Tenant shall pay the Reservation Fee as described in Spotahome’s General Terms and Conditions.

THIRD.TERM.

The term of the present agreement shall equal the duration of the tenancy agreement subscribed by Tenant and Landlord.

FOURTH. OBLIGATIONS OF THE PARTIES.

Spotahome’s obligations.

Spotahome, as an intermediary, will select a Landlord among the ones working with the platform currently who is willing to enroll in the Plus program and to offer his/her property in the market without requiring a deposit.

Spotahome will guarantee that no deposit will be requested, at any time, to the Tenant by said Landlord.

Tenant’s obligations.

The Tenant will comply with the following obligations:

  • To pass the verification process within five (5) days. The Landlord will be entitled to cancel the booking, once accepted, with no penalty in the event that the Tenant has not passed the verification process within five (5) working days. In this case, the Tenant will not be able to claim any refund under the Cancellation Policy.
  • To pay the rent to Spotahome:

The Tenant shall sign-up to GoCardless in the following link: https://pay.gocardless.com/AL000359N4GAYT. By completing the sign-up process, the Tenant shall create a direct debit mandate, i.e. payment authorisation for Spotahome, in order to direct debit the Tenant’s bank account within the first ten (10) days of the month. This process is mandatory for all Spotahome Tenants with plus bookings and is not optional.

For information purposes, no money will be debited from the Tenant’s bank account by granting this authorisation, being the Tenant always notified before Spotahome collects any future payments.

The Tenant hereby undertakes that Spotahome shall be the exclusive owner of the debt in respect of the monthly payment, as a result of Spotahome having guaranteed the monthly rent to the Landlord. Therefore, in no event shall the Landlord be deemed to be the owner of the debt.

In the event of a delay by the Tenant in the payment of the corresponding monthly rent, a minimum penalty of fifty (50) euros for the first month of delay and, additionally, a delay interest of three percent (3%) which will be charged monthly over the total amount overdue for each month outstanding until the receipt of payment is verified. The foregoing, without prejudice to Spotahome being able to take the appropriate legal actions in defense of their rights.

  • To comply with Spotahome’s General Terms and Conditions.
  • To sign a Tenancy Agreement with the Landlord and provide a copy of the referred signed Tenancy Agreement to Spotahome before the 3rd day of the following month, that is, if parties signed the Tenancy Agreement on the 15th May, they need to provide a copy to Spotahome maximum on the 3rd June. The referred signed copy must be sent to the following email address: [email protected] [email protected]

In the event that the parties fail to provide such copy, the Plus service will be downgraded to Premium only and the present Terms and Conditions will no longer be applicable, that is, any guarantee herein contained will not be applicable either to Landlord or Tenant and, in particular, rent will not be paid in advance by Spotahome.

  • To comply with the Tenancy Agreement signed with the Landlord.

FIFTH. CONFIDENTIALITY.

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

SIXTH. LAW AND JURISDICTION

These terms will comply with and be governed and interpreted in accordance with Spanish law. For any conflict that may arise between the parties for interpretation, fulfillment, and execution of the present document, the parties submit to the jurisdiction of the Courts of Spain, and the jurisdiction of the Courts and Tribunals of the city of Madrid.

DEPOSIT PROTECTION PLAN TERMS AND CONDITIONS

Why it is safer for Tenants to book via Spotahome

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

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

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

Selection of properties

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

Protection

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

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

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

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

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

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

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

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

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

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

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

Spotahome’s decision.

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

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

Timing.

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

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




14.2. Privacy Policy (Applicable to Spotahome accommodation services advertised on Erasmusu)

Last updated: November 24, 2020

This privacy policy describes how we collect, use, process and transfer your personal data, for what purpose and what is its legal basis. All in compliance with the General Data Protection Regulation (EU) 2016/679 (GDPR).

For your information, SPOTAHOME S.L.U is the legal person responsible for the treatment, that is to say, who is in charge of protecting the privacy and security of your personal information.

1. Contact details

SPOTAHOME S.L.U, (hereinafter "Spotahome") has its address at Calle Piamonte, 23, 28004, Madrid and its VAT number is B-87004511.

For any matter related to the processing of your personal data, please contact [email protected], our privacy team or the Data Protection Officer, depending on the case, will assist you as soon as possible.

If you wish to cancel your account, which includes the deletion of your personal data and unsubscribe from any communication you can do so directly in the option included in our Contact Form available at https://www.spotahome.com/es/contacto.

2. What data do we collect?

2.1 Data provided by you

a) Registration as a tenant and information necessary to make a reservation request: In order to create a user account, you provide us with your first name, last name and email address. You can also register through Facebook or Google. If you finally make a booking request, you also provide us with your date of birth, gender, nationality, identity document, current address, professional or academic information, a brief description of yourself, telephone number, salary (if you have one) and your credit card or PayPal details (means of payment). Additionally, in certain cases, we may ask for your identity card, passport or driver's license, proof of solvency and/or proof of residence. If to be eligible you need a guarantor (e.g. parents) or if a third party has paid for your reservation, you must provide the latter information of the guarantor or third party payer. By providing us with this information, you must ensure that your guarantor consents to the processing of such data by us.

b) Registration as owner and advertisement of the property: In order to create your owner account, either by phone or through the web, you provide us with your name, surname, email, telephone, address, ID, address of the property/s you want to advertise, and your bank details (bank account). If you choose to create the ad yourself, you must also provide photographs and videos of the property(ies) you wish to rent. In order for us to invoice you, you must also provide us with your tax identification number (except in the UK) and your zip code if you are an individual, or your VAT number, company name and tax address if you are a legal entity.

c) Required documents (only applicable to Germany and France): In addition, when registering as a resident, in order to proceed with the booking request, you will need to upload proof of identity and proof of solvency to the platform. If you need a guarantor to be eligible or if a third party has paid for your reservation, you must provide the latter information of the guarantor or the third party payer.

d) Other data or documents requested ad hoc: On certain occasions, either to resolve complaints, disputes or suspicions of fraud, payment problems or some other matter related to the provision of the service, either by telephone, via chat, email or through third party provider platforms, we may request the following documents/information; proof of address, proof of identity (passport or national identity card), proof of right to rent the property, academic documents, police reports, death certificates, bank statements, proof of payment at Spotahome, selfies, videos, your voice, etc. If as indicated in section a) If you need a guarantor to be eligible or if a third party has paid for your reservation, you must provide this last information from the guarantor or third party payer.

e) E-contract (only applicable to UK and Spain): In order to sign the lease contract between owner and tenant through the platform, it is necessary that both parties complete the following information: name and surname, ID/Passport, address, email and telephone.

f) Contests, sweepstakes and promotions: We periodically carry out commercial actions where to participate, you must provide us with certain personal data. The data collected varies depending on the action.

g) Work with us: In order to apply for any of the vacancies published on our website, you must provide name, surname, telephone, email, CV, cover letter and other optional information such as presence in social networks, promotional video.

h) Satisfaction survey: At the end of the stay in the property we send a satisfaction survey to both owners and tenants. The data obtained are first name, last name, email, age, nationality and degree of satisfaction.

2.2 Data we collect automatically

a) Registration as a tenant through Facebook / Google: When you register through Facebook or Google, we collect through them; name, email, date of birth and gender.

b) Google Analytics: As you browse or interact with the content of our website or App, through Google Analytics we collect certain information or dissociated data such as the IP address of your device, the type of device and browser used, screen size, geographic location, language used, websites visited and date and time they have been visited.

3. What will we use your personal data for?

3.1 For the provision of our services

  • To manage the creation of your user account as a tenant and allow you to use or modify it. In order for you to save your search preferences, receive alerts and make reservation requests, it is necessary for you to have an account and to identify yourself as a user. In addition, so that we can show the landlord that you are a suitable tenant, we give you the option to give us a brief description of yourself. Additionally, in Germany and France, due to common practice in those territories, we ask for documentation proving your identity and solvency in order for the landlord to accept your reservation request.
  • To manage the creation of your user account as an owner and to allow you to use or modify it. In order for you to manage the ads of your property/s and receive reservation requests, it is necessary that you have an account and that you identify yourself as a user. In addition, we need your data to manage the visit to your property by our team of Homecheckers (in case you choose this service). They create the digital floor plans, videos, and photos that you see in our ads.
  • Enable the booking payment through our platform, if you are a tenant, and manage the payment collection, if you are a landlord.
  • (Spain and UK) Facilitate both parties to sign the lease contract through the platform, without complications. To do so, it is essential that you provide the necessary information.
  • Contact you to give you information regarding a reservation request. These communications may be made by e-mail, telephone or text messages. The form of communication chosen will depend on the reason for the communication.
  • To offer you the best attention and assistance. Through our Help Center we offer you assistance at any time for any doubts, comments, suggestions or incidents related to the service that you may have. This assistance can only be provided if we have your personal data.
  • Resolve complaints, help tenants to find another property when the reservation request has not been accepted by the owner and mediate in disputes that may arise between tenant and owner. Our Customer Experience team is responsible for gathering the necessary information and data to resolve complaints and mediate disputes.
  • Any other issue related to the provision of the service.

3.2 To keep you up to date on our news, promotions and contests

We will use your Personal Data to send you news, products and promotions related to Spotahome. In any case, please note that you may unsubscribe from such communications at any time. To do so, simply click on the "Unsubscribe" link contained in any of the communications.

Our Marketing team is very active and periodically launches campaigns, promotions, contests, sweepstakes and promotional activities in general, in which you must provide certain information in order to participate.

3.3 To prevent possible fraud

In order to create an environment of trust for you, Spotahome, its partners and suppliers, we may use your personal data for the detection and prevention of possible fraud and other illegal or unwanted activities. Similarly, we may use such personal data for risk assessment and security purposes, including user and property authentication. For such purposes, we may need to quarantine certain reservations or reservation requests until we have completed 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 cross-reference it with the data we already have. For example, we may verify or authenticate all personally/business identifiable data, such as your first and last name(s), date of birth, cell phone number, address, ID, etc. To do so, we will perform checks against databases and other third party information sources, such as fraud prevention agencies, telecommunications providers and identity verification solution providers. Similarly, we may verify your cell phone number with your cell phone provider to prevent SIM swap fraud and we may verify the authenticity of your property photos through third party providers.

In addition, we use third parties to process payments or provide bill collection services. When a payment issue or problem arises in connection with your booking on Spotahome, either by you or by the legitimate holder of the payment method used to make the payment, we need to share certain information from the booking request with the relevant payment service provider and/or financial institution to handle the request. This may also include a copy of your booking request confirmation or the IP address used to make the booking request and other relevant information. We may also share information with relevant financial institutions if we deem it strictly necessary for fraud detection and prevention purposes.

We also use for fraud prevention purposes information about how you use and interact with our website, application or services, including the device you use. This helps us to monitor the security of the platform and to monitor for fraud and improve the service you receive from Spotahome.

We also use for fraud prevention purposes details about how you use and interact with our website, application or services, including the device being used. This helps us track security and fraud and improve our service to you. You authorize your wireless carrier to disclose your cell phone number, name, address, email, network status, customer type, customer file, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber device and status details, if available, to our third party service provider solely to verify your identity and prevent fraud for the duration of the business relationship between our marketplace and to whom we digitally introduce you, i.e. tenants/landlords. Specifically: AT&T, Sprint, T-Mobile, US Cellular, Verizon or any other branded wireless carrier: a user whose phone is registered in the U.S. Telus, Bell, Rogers or any other branded wireless carrier: a user whose phone is registered in Canada.

3.4 For the recovery of unpaid amounts

In the event of non-payment, the data relating to the debt and of the user may be communicated to third party companies specialized in the recovery of unpaid amounts. These third party companies are duly authorized and will be in charge of managing the non-payment of monetary obligations. Also, the companies are contractually obliged to protect your personal information, having access to it to perform this task entrusted to them.

3.5 To improve our service

In Spotahome we are constantly working on improving the App and the Web and, for that reason, we conduct tests, user interviews, research and analytical studies and develop new products that end up resulting in improving the quality of service. It allows us to optimize it, improve its usability, make it more functional and adapt it to your needs. Such work often requires the use of some of your personal data or dissociated data obtained through, for example, Google Analytics.

In addition, through the satisfaction survey and reviews, we analyze where we can improve to provide a better experience and avoid recurring problems or bad experiences.

3.6 To manage your application in our selection processes

In order for you to apply for any of the vacancies published on our website and for us to manage the selection processes, we need your data.

4. What is the legal basis for this data processing?

The legal bases that allow us to process your data for each of the purposes indicated in the previous section are:

  • Contractual relationship: it is the one that applies when you use our service (3.1).
  • Legitimate interest to prevent possible fraud (3.3).
  • Your consent: If you are a registered user as a tenant or owner, by ticking the box on the registration form, you have authorized us to process your personal data for the other purposes, and in the case of "work with us" you give us your consent through the corresponding form.

5. How long will we keep your data?

In general, the data that are necessary for the provision of the service will be kept for as long as necessary for this purpose or until you expressly request the deletion of the same. However, they will be kept "blocked" for a period of 6 years at the disposal of the public administration, judges and courts, for the attention and defense of possible liabilities arising from the treatment.

We may retain some of your personal data to the extent necessary for our legitimate interests, such as detecting and preventing fraud. The data collected for this purpose will be kept blocked for a period of 10 years at the disposal of the public administration, judges and courts, for the attention and defense of possible liabilities arising from the processing.

The data used to send you news and promotions, we will use them until you ask us to stop doing so. Please note that you can ask us to stop sending you personalized news, offers and promotions at any time by simply clicking on the "Unsubscribe" link in any of our communications.

Data relating to your candidacy in selection processes will be kept by us for a period of 6 months and we will ask your permission to keep it for a further 6 months, otherwise it will be deleted from our system.

Finally, we will keep the data necessary to improve our service for a maximum period of 1 year.

6. With whom do we share your data?

6.1 With tenants and owners

In order to manage booking requests and subsequent stays, it is essential that we share certain information, including your personal data, with other users of the platform as it is necessary for the proper fulfillment of your contract with us, as indicated below:

Whenever, as a tenant you send a booking request, we share certain information about you with the potential landlord, such as your profile and documents proving your identity and solvency (the latter only in France and Germany). Once your booking is confirmed, we will share your contact details with the owner.

Whenever, as a landlord, you have a confirmed booking, we will share with the tenant your full name, contact details and full address of the property to coordinate the booking.

6.2 With our team of Homecheckers

If you are an owner, in order to coordinate the visit to the property with our team of Homecheckers (who create the digital floor plans, videos, and photos that you see in our ads) it is necessary that we share with them your contact information and the full address of the property. All of them have signed the corresponding processing contract.

6.3 With companies of the SPOTAHOME Group

We need to assign or allow access to your personal data to different entities of the Spotahome Group for service reasons. The entities that make up the Spotahome Group are listed below:

  • COKIDOO STUDIOS SLU (ES)
  • SPOTAHOME LTD (UK)
  • SPOTAHOME SARL (FR)
  • SPOTAHOME PORTUGAL, UNIPESSOAL, LDA (PT)
  • SPOTAHOME GERMANY GmbH (DE)
  • SPOTAHOME ITALY S.R.L. (IT)

COKIDOO STUDIO SLU ("Erasmusu") is the owner of the website www.erasmusu.com leader in the rental market for students, in particular foreign students and Erasmus students. Spotahome publishes its properties on its own website as well as on the Erasmusu website, according to its own Terms and Conditions. Spotahome will share your photos and other data to formalize the booking or reservation with Erasmusu.

6.4 With suppliers necessary for the provision of the service.

Suppliers who assist us with various service-related issues. These may be located inside or outside the European Economic Area ("EEA"). If they are outside the EEA, we make sure that the recipient country is declared of adequate level by the European Commission and in the case of the USA, that the entities are attached to the Privacy Shield or Privacy Shield.

By reason of the service, these providers have limited access to your personal data to perform certain tasks on our behalf and are contractually obliged to protect and use it only in accordance with our instructions. To this end, Spotahome has signed the relevant processor contracts and verified that they have sufficient guarantees to implement appropriate technical and organizational measures, so that the processing is carried out in accordance with the requirements of the GDPR, ensuring the protection of your rights.

Service providers may help us, for example, to do the following:

  • Process payments. (We use third parties to process payments, handle potential errors that may arise in connection with payment or provide billing and collection services. We will share information with relevant financial institutions if we deem it strictly necessary to detect or prevent fraud).
  • To provide customer services.
  • Store information securely.
  • Send marketing communications.
  • To perform product development, maintenance and troubleshooting tasks.
  • To prevent fraud.
  • To collect and recover debts.
  • To verify or authenticate your identity and address. (To do so, we share your personally identifiable information with third parties. These checks or matches will be reflected in your credit file. This is only visible to you and such third parties -our suppliers-. This does not affect credit reporting. These checks are not likely to be visible to or relied upon by other organizations, such as banks, to make risk decisions (e.g. loans).

6.5 Competent Authorities

We will disclose your personal data to governmental authorities to the extent required by law or as strictly necessary for the prevention, detection or prosecution of criminal acts and fraud, or as otherwise required by law. We may need to disclose personal data to competent authorities to protect and defend our rights or property, or the rights and property of our employees or users.

7. Confidentiality and Security

At Spotahome we use all reasonable efforts to maintain the confidentiality of personal information that is processed through the Web and the App. We maintain strict levels of security to protect the personal data we process against accidental loss and against unauthorized access, processing or disclosure, taking into account the state of technology, nature and risks to which the data is exposed. However, we cannot be held responsible for your use of the data (including username and password) that you use on Spotahome outside our website or App.

8. What are your rights?

In accordance with applicable law, you may exercise the rights that we will announce in this section, free of charge and at any time. Please note that we may ask you to verify your identity before taking any action related to your request.

In order to exercise any of your rights, simply send an email to [email protected]

Please note that we will try to respond to your request as soon as possible, but we would like to warn you that the maximum period established in the RGPD to respond to such rights is one month from the date of the request.

For your information, you have the following rights:

  • Access: You have the right to know if we are processing your personal data or not. If so, we will give you access to the data we are processing, the recipients of such data (if any), the storage period and the purpose of processing, among other issues.
  • Rectification: You can ask us to modify data that is inaccurate or incomplete. In your request you must indicate which data you are referring to, as well as the correction to be made.
  • Deletion: You can ask us to delete the Personal Data we have about you (i) when they are no longer necessary for the purpose for which we use them, (ii) when you withdraw your consent, in the event that we only treat them to develop purposes based on it. However, we advise you that in certain cases we must keep your data blocked for a certain period of time due to legal obligations.
  • Portability: You can ask us to deliver directly to you or to deliver to another entity, whenever technically possible, a structured file, commonly used and readable by a computer system, containing your personal data.
  • Restriction: You may ask us to temporarily restrict the use of your Personal Data (i) when you believe that your data is inaccurate, until we verify or update it (please note that, in the meantime, you will not be able to enjoy the Service); (ii) when we no longer need them to carry out the purposes indicated in paragraph 4 above but you prefer that we keep them so that you can exercise or defend yourself against claims and (iii) when you object to our use of your data for any of the purposes listed in number 2 of paragraph 4 of this Privacy Policy, while we assess whether the legitimate interest we have in Spotahome prevails over your right to object to our use of them.
  • Opposition: You can object to our use of your data to send you commercial communications. We inform you that we use automated data processing so there is no option to object.

Finally, we inform you that you can file a complaint with the competent supervisory authority on data protection, which in your case in the Spanish Agency for Data Protection.

9. May we change this Privacy Policy?

Yes, so please check back from time to time to see if there are any changes. Please note that, if for any reason we decide to make a material change, we will inform you by e-mail.

14.3. Cookie Policy (Applicable to Spotahome accommodation services advertised on Erasmusu)

In compliance with current regulations, Spotahome wants to provide you with information regarding the cookies used on its web portal, detailing below what cookies are, why we use them, our list of cookies and how they can be configured and, where appropriate, disabled.

What are cookies?

Cookies are small text files that are stored on your computer, tablet, smartphone or any other device that allows you to browse the internet when you access certain web pages. Their main purpose is to recognize the user each time you access the Website allowing, in addition, to improve the quality and offer a better service.

Why do we use cookies?

Cookies are essential for the functioning of the Internet and Spotahome use them to facilitate navigation through our website and to obtain greater efficiency and personalization of the services we offer. In no case they could damage your device. Moreover, if they are activated in your browser settings, they help us to identify and resolve possible errors and to know the performance of our website.

What kind of Cookies do we use?

Below, you can find a classification of the cookies we use, taking into account that the same cookie can be included in more than one category.

  • Depending on the owner of the cookie:
    • Own cookies: are those managed by the domain to which the user is accessing and from which he/she is requesting a particular service.
    • Third-party cookies: are those that are sent to the user's computer from a domain other than ours that is managed by another collaborating entity.
  • Depending on the duration of the cookie:
    • Session cookies: are those that are assigned to the device from which the user is browsing only for the duration of the visit to the web portal and disappear automatically when the user closes the browser.
    • Permanent Cookies: these are those in which the data are still stored in the user's device used to navigate, being its temporary duration the minimum essential according to the purpose of its use. Information on the duration of these cookies and their expiration date can be consulted through your browser settings.
  • Depending on the purpose of the cookie:
    • Technical cookies: are those that allow the user to navigate through our website and the use of the different options or services that exist in it. Thus, for example, allow the user to identify your session, remember the elements that make up an order or make the purchase process.
    • Analytical Cookies: these are those that, either treated by us or by third parties, provide us with statistical information on the use that users make of the portal. These cookies do not allow us to identify the user, since the information they collect is anonymous and will be used only for statistical purposes and in order to improve the products and services we offer.
    • Personalization Cookies: are those that allow, once the user accesses the service, store information about the IP address of the connection, preferences, language chosen by the user, the type of navigation through which you access the service, regional configuration from where you access, etc.. in order to develop a profile based on your browsing habits and thus show you content and offers tailored and that are of particular interest to you. 
    • Advertising Cookies: are those stored by third party companies that manage the spaces that serve advertising Spotahome and to which users access. These cookies allow us to measure the effectiveness of our advertising spaces.
    • Behavioral advertising cookies: are those that store information on user behavior obtained through the continued monitoring of their browsing habits that allows us to develop a specific profile to display advertising based on the same.

Our Cookie List

COMPANY

NAME

PURPOSE

EXPIRY

Spotahome

connect.sid

Log in, manage bookmark storage and alert settings.

1 year

Spotahome

cookies-accepted

Saves the display of previous cookie information.

1 year

Spotahome

sah-sse-*

Enables different versions of the website for testing and improvement purposes.

1 year

Spotahome

gdpr-login-modal

Saves the display of previous data protection information when a user registers.

1 year

Spotahome

_sp_id.*

It measures click behaviour anonymously on the web in order to improve the user experience on the web.

2 years

Spotahome

_sp_ses.*

It measures click behaviour anonymously on the web in order to improve the user experience on the web.

2 years

Spotahome

_fbp

Facebook offers users advertising that matches their interests.

3 hours

Facebook

fr

Enables Facebook tracking to deliver a range of advertising products from third-party advertisers.

1 year

Facebook

datr

The "Delta" security system used by Facebook checks at each login whether the user account is being fraudulently used by a third party.

1 year

Facebook

fr

Enables Facebook tracking to deliver a range of advertising products from third-party advertisers.

1 year

Bing

MUID

Microsoft user ID tracking used to help count valid clicks for ad targeting.

1 year

Bing

MUIDB

Microsoft user ID tracking used for ad targeting.

1 year

Bing

_uetsid

Serves for Microsoft Bing Ads Universal Event Tracking (UET) used for ad targeting.

1 year

Double click

IDE

Improve and manage the exposure of advertisements to the user by preventing the display of ads that the user has already seen.

1 year

Google Analytics

_ga

It is used to distinguish users.

2 years

Google Analytics

_gid

It is used to distinguish users.

24 hours

Google Analytics

_gat

Used to limit the percentage of requests.

1 minute

Google Analytics

_gcl_au

Used by Google Adsense to effectively experiment advertising through the web pages that use their services.

90 days

Google Analytics

_gcl_au

Used by Google Adsense to effectively experiment advertising through the web pages that use their services.

90 days

Google Analytics

_gcl_au

Used by Google Adsense to effectively experiment advertising through the web pages that use their services.

90 days

Google

NID

Store user preferences for advertising purposes.

1 year

Google

1P_JAR

Collect statistics.

1 year

Google

__utmx

It is used to determine the inclusion of a user in an experiment.

18 months

Google

__utmxx

Used to determine the expiration of experiments in which a user has been included.

18 months

Google

HSID

Enables the user's origin registration function.

1 year

Google

SAPISID

Enables the user's origin registration function.

2 years

Google

SID

Enables the user's origin registration function.

2 years

Google

SIDCC

Enables the user's origin registration function.

90 days

Google

SSID

Enables the user's origin registration function.

2 years

Google

gwcc

Permite a Google realizar un seguimiento de las conversiones de llamadas en dispositivos móviles.

90 days

Google

cto_lwid

Used by Google to collect anonymous information for use in Google Adwords. The data is anonymous and helps Google to deliver relevant advertising on other websites.

13 months to 2 years

Hotjar

_hjClosedSurveyInvites

Saves the display of the survey invitation. It is used to make sure that the same invitation does not appear again if it has already been displayed.

1 year

Hotjar

_hjDonePolls

Prevents a completed opinion poll from reappearing.

1 year

Hotjar

_hjMinimizedPolls

Once the user minimises the appearance of a survey, it remains so throughout the entire navigation.

1 year

Hotjar

_hjDoneTestersWidgets

Allows that, once the user has completed the Hotjar form, it does not appear again.

1 year

Hotjar

_hjMinimizedTestersWidgets

It allows that, once the user minimizes the appearance of the Hotjar form, it remains so throughout the navigation.

1 year

Hotjar

hjIncludedInSample

Allows Hotjar to know if a visit is included in the sample used to generate filters.

1 year

Zendesk

__cfduid

It is used to identify individual clients behind a shared IP address and apply security settings per client.

1 year

Zendesk

__zlcprivacy

Stores user's decision on the JavaScript API of the cookie law

1 year

Zendesk

__zlcmid

Stores the user ID for chat widget authentication.

1 year

Criteo

uid

It collects information about the user and their movements, such as date and time of visits, most recently loaded pages and IP address. The data is used to analyze traffic patterns and conduct surveys to help improve the user experience.

1 year

New Relic

JSESSIONID

It is used to store a session identifier so that New Relic can monitor session counts for an application.

1 year

New Relic

login_idle_session_timeout

It is used to track browser performance on the web.

1 year

Zopim

__cfduid

It is used to identify individual clients behind a shared IP address and apply security settings per client.

1 year

How to configure or disable Cookies?

You can allow, block or delete cookies installed on your computer by configuring the options of the browser installed on your computer. For more information on how to block the use of cookies you can visit the following links:

  • Internet Explorer: Tools -> Internet Options -> Privacy -> Settings. For more information, you can consult Microsoft support or the browser's Help.
  • Firefox: Tools -> Options -> Privacy -> History -> Custom Settings. For more information, you can consult Mozilla support or browser Help.
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