Spotahome Plus - Terms and conditions
for United Kingdom

GENERAL
Spotahome is a Spanish company, based in Calle Fuencarral, 123, 5ºB, 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 Fuencarral, 123, 5ºB, 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.

CLAUSESFIRST. PURPOSE.
Spotahome hereby undertakes to provide its real estate services with respect to the Property, which will be commercialized 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. This condition is essential for the signing of this Contract.Additionally, the Client consents and accepts the hiring of a non-payment Guarantee provider, through the mediation of Spotahome and, in particular, accepts that, in the event of non-payment, it will receive the monthly payments through Spotahome.

SECOND. DESCRIPTION OF THE SERVICES PROVIDED BY SPOTAHOME.
Spotahome will perform the following services:

a) Spotahome will assist the Client in preparing the material for the advertisement on the Platform, when necessary.
b) 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.
c) Spotahome will carry out a financial feasibility and solvency study of potential Tenant candidates after signing the Contract on behalf of the Guarantee Entity.
d) Preparation of the documentation and drafting of a standard Lease Contract for the Client.
e) Spotahome will be in charge of managing the collection of rents. 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 within the first ten (10) days of the month, as long as the requirements contemplated in the sixth clause are met by the Client.
f) Spotahome will advance 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 formalized 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:

I. By mutual written agreement of the parties.
II. By any party with a notice of one (1) month in advance.
III. 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 favor of Spotahome in case of having rented the Property.


FIFTH. SPOTAHOME OBLIGATIONS.
Spotahome undertakes to commercialize the Property on its web platform www.spotahome.com,  from the entry into force of this document in the Terms and Conditions described in https://www.spotahome.com/terms-and-conditions. 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, https://www.spotahome.com/terms-and-conditions.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.
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 minimize 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 minimizing 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.I
7) n the event that the Guarantee Entity provides any payment and the Client has received any amount from the Tenant or a third party with respect to a breach, the Customer 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.

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 installment 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 formalize 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.

NEINTH. 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 formalize 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 minimize 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 7 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 favor of employees and / or collaborating companies of Spotahome is exempted. In any case, the persons receiving the information must comply with the duty of confidentiality set forth herein.

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, 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.


              Mandatory “Key Clauses” to be included in the Lease
Agreement. Clause N.- [to be included in the T&Cs of PLUS package]
The Client understands and accepts that the Guarantee will cover the Client provided that the Lease Agreement contains the clauses listed in Annex [I] of the present Terms & Conditions (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. 

Annex [I]
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.” 

2.3.  Clause referred to the obligation of the Tenant to pay the rent to Spotahome within the deadline of 5 days including Spotahome's bank details and the mandate from the Landlord in favour of Spotahome to do this.
“Both Parties agree to set a monthly rent of __________ EUROS (__________ €), which will be paid by the Tenant in the manner indicated in the following paragraph: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______).The Tenant shall pay the rent in advance, within the first five (5) days of each monthly period, by transfer to the following bank account:
Bank: Banco Bankinter, S.A.
Beneficiary: SPOTAHOME, S.L.U.
IBAN: ES15 01287702 9101 0000 6083
BIC: BKBKESMM
Concept: Rent + booking reference number.

The aforementioned bank account is owned by Spotahome, S.L.U. (“Spotahome”), which is in charge of managing the Property’s monthly rental payments, being the aforementioned management authorized by the Landlord.In the event of a delay by the Tenant in the payment of the corresponding monthly rent, a delay interest of three 3% per month will accrue until the receipt of payment is verified. The foregoing, without prejudice to the Landlord being able to take the appropriate legal actions in defense of their rights.”

2.4.     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.”

2.5. 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.

2.6 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.”

2.7 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.”

2.8 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.”

Spotahome Plus - Terms and conditions
for Ireland

GENERAL
Spotahome is a Spanish company, based in Calle Fuencarral, 123, 5ºB, 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 Fuencarral, 123, 5ºB, 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.

CLAUSESFIRST. PURPOSE.
Spotahome hereby undertakes to provide its real estate services with respect to the Property, which will be commercialized 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. This condition is essential for the signing of this Contract.Additionally, the Client consents and accepts the hiring of a non-payment Guarantee provider, through the mediation of Spotahome and, in particular, accepts that, in the event of non-payment, it will receive the monthly payments through Spotahome.


SECOND. DESCRIPTION OF THE SERVICES PROVIDED BY SPOTAHOME.
Spotahome will perform the following services:

a) Spotahome will assist the Client in preparing the material for the advertisement on the Platform, when necessary.
b) 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.
c) Spotahome will carry out a financial feasibility and solvency study of potential Tenant candidates after signing the Contract on behalf of the Guarantee Entity.
d) Preparation of the documentation and drafting of a standard Lease Contract for the Client.
e) Spotahome will be in charge of managing the collection of rents. 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 within the first ten (10) days of the month, as long as the requirements contemplated in the sixth clause are met by the Client.
f) Spotahome will advance 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 formalized 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:

I. By mutual written agreement of the parties.
II. By any party with a notice of one (1) month in advance.
III. 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 favor of Spotahome in case of having rented the Property.

FIFTH. SPOTAHOME OBLIGATIONS.
Spotahome undertakes to commercialize the Property on its web platform www.spotahome.com,  from the entry into force of this document in the Terms and Conditions described in https://www.spotahome.com/terms-and-conditions. 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, https://www.spotahome.com/terms-and-conditions.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.
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 minimize 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 minimizing 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 the Tenant or a third party with respect to a breach, the Customer 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.

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 installment 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 formalize 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.

NEINTH. 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 formalize 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 minimize 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 7 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 favor of employees and / or collaborating companies of Spotahome is exempted. In any case, the persons receiving the information must comply with the duty of confidentiality set forth herein.

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, 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.


              Mandatory “Key Clauses” to be included in the Lease Agreement. Clause N.- [to be included in the T&Cs of PLUS package]
The Client understands and accepts that the Guarantee will cover the Client provided that the Lease Agreement contains the clauses listed in Annex [I] of the present Terms & Conditions (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. 

Annex [I]

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.”
 

2.3.  Clause referred to the obligation of the Tenant to pay the rent to Spotahome within the deadline of 5 days including Spotahome's bank details and the mandate from the Landlord in favour of Spotahome to do this.
“Both Parties agree to set a monthly rent of __________ EUROS (__________ €), which will be paid by the Tenant in the manner indicated in the following paragraph: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______).The Tenant shall pay the rent in advance, within the first five (5) days of each monthly period, by transfer to the following bank account:

Bank: Banco Bankinter, S.A.
Beneficiary: SPOTAHOME, S.L.U.I
BAN: ES15 01287702 9101 0000 6083
BIC: BKBKESMM
Concept: Rent + booking reference number.

The aforementioned bank account is owned by Spotahome, S.L.U. (“Spotahome”), which is in charge of managing the Property’s monthly rental payments, being the aforementioned management authorized by the Landlord.In the event of a delay by the Tenant in the payment of the corresponding monthly rent, a delay interest of three 3% per month will accrue until the receipt of payment is verified. The foregoing, without prejudice to the Landlord being able to take the appropriate legal actions in defense of their rights.”

2.4.    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.”

2.5. 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.

2.6 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.”

2.7 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.”

2.8 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.”

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