Terms and conditions of the service "PLUS"

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

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

1. KEY TERMS

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

‍FIRST. OBJECT.
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The Client hereby assigns to Spotahome the mandate to offer for rent the referred Property and Spotahome undertakes to provide the “PLUS” Service.
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‍SECOND. "PLUS" SERVICE
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‍The "PLUS" service includes:
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- Market the property for rental: Spotahome will market the owner's Property through the Spotahome platform and/or other channels, carrying out all the actions that Spotahome deems appropriate to rent the Property, including the verification of the same if required.

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

- Guarantor or Guarantee service - provided to the Tenant.

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

- Receive the monthly rent before the day 10th of the month

1. Once the Guarantee has been formalized, Spotahome will pay the Owner the monthly rent from the check in date until the check out date. Spotahome will advance the money to the Landlord, so the Landlord will receive the rent even in the cases in which the Tenant does not pay the rent, provided that the Tenant continues to stay in the Property, up to the maximum defined in clause sixth, subject to the requirements in clause third are met by the Client.
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1. To provide this service, Spotahome will manage the monthly rent collection on behalf of the Landlord. The first month will be settled by the payment deposited by the Tenant through the Spotahome platform that he/she makes at the time of the reservation and that will be settled to the Client within forty eight (48) hours after the Tenant's check in after deducting the Spotahome marketing commission, unless any of the conditions indicated in the Spotahome Terms and Conditions is not complied with. The rest of the monthly payments should be paid within the first five (5) days of the month and will be received by the Landlord before the day 10th of the month.

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

- Damages protection

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

‍THIRD. OBLIGATIONS OF THE CLIENT.  

1. Comply with the guarantee conditions

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

a) The Landlord accepts that all bookings extensions of Spotahome tenants will be formalized via the Spotahome platform.
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b) The Client must have received written confirmation from Spotahome that the tenant has been approved by our verification process prior to tenant’s check in. In the event of not complying with this section, the Guarantee will not be applicable, and the specific booking will be converted to a “Standard Service” hence the guarantee will not be applicable. In such cases the Landlord will have the right to cancel the booking with no penalty;. Therefore, it is important that if such confirmation has not been received, the Client shall consult Spotahome before arranging the Tenant's check-in. In addition, if the Tenant does not pass the vetting process or does not want to pass it and wants to cancel the booking, Standard cancellation policies will apply.
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c) The Landlord will be responsible for preparing and properly managing the Property for the entry of the Tenant and during the whole tenancy agreement of the tenant. In the event that the reservation is canceled, the tenant refuses to pay their rent or  leaves earlier due to the advertisement not being a true reflection of the Property listing,  or due to poor condition of the Property or improper management by the Landlord, it will void the Guarantee, unless approved in writing by Spotahome.

d) The Owner will be in charge of signing a tenancy agreement with the Tenant. These will be a key requirement for claiming defaults or damages alongside the tenancy agreement. For these purposes, the Client undertakes to include the clause set forth in Annex I in the tenancy agreement to be signed with the Tenant. The present clause refers to the obligation of the Tenant to pay the rent on a monthly basis by direct debit directly to Spotahome, or when not possible by bank transfer, and have Spotahome as the key point of contact for any issue related to monthly rental payments. Please be aware that if the Tenant uses other means of payment other than direct debit, the Tenant will bear the extra cost of the payment fees (i.e. international credit cards, international transfer fees, etc) unless those are accepted by the Landlord. In no case will Spotahome bear the cost of choosing a different payment method than the one made available to the tenant.  

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

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

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

‍Obligation to inform Spotahome of any changes in the tenancy agreement

a) Any modifications that imply or may imply changes in the tenancy agreement such as but not limited to): (i) Tenant leaves the Property earlier than agreed (“Early Exit”), (ii) the Tenant does not move in the agreed date (“No Show”), (iii) the Tenant cancels or wishes to cancel the booking (“Tenant Cancellation”) and (iv) the Tenant wishes to extend the booking (“Booking Extension”) or (v) the Tenant wishes to modify the dates of check in or date of check out, or (vi) there are changes in the Tenants staying in the Property; the Landlord must inform Spotahome as soon as possible (even if the Tenant has informed Spotahome him/herself), with a maximum of three (3) days after the Landlord has received that notice.

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

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

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

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

‍FOURTH. PRICE.

The price of the service is detailed  as a “marketing commission”.  Spotahome will charge the price of the service to the Owner by deducting said amount from the payment of the first month's reservation by the tenant and paid to the Owner forty-eight (48) hours after the Tenant's check-in.  In case Spotahome offers the Landlord to pay the marketing commission in monthly installments, Spotahome will communicate this to the Landlord and from that moment, Spotahome will charge the marketing commission monthly installments to the Owner by deducting said amount from each of the payments of the monthly rent paid by the tenant and passed to the Owner (deducting the monthly installments marketing commission) before the day 10th of every month, every month from the check in until the check out date.

‍FIFTH. DURATION.

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

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

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

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

‍SIXTH. GUARANTEE COVERAGE.

‍The maximum Guarantee’s period of coverage is for the entire lease term agreed in the booking close at Spotahome platform, with a maximum of (1) one year. In the case of long-term contracts of more than one (1) year or in booking modifications, contract renewals or extensions, the Tenant must pass a new verification or solvency test by Spotahome to renew the Guarantee In each annuity or in each renewal or extension of the contract. To do this, both parties must contact Spotahome and make sure the modification, extension or renewal is done via Spotahome and Spotahome confirms the renewal of  the Guarantee. Failure to execute said extension through Spotahome and to get confirmation of the extension of the Guarantee by Spotahome, after the renewal or after the first year will mean the non-renewal of the Guarantee and therefore the loss of its coverage by Spotahome or the Guarantor.
In order to offer the Guarantee, Spotahome may offer Tenants the referred Guarantee, via Spotahome or a Guarantee Entity or through a third party outside Spotahome, at Spotahome's sole discretion. Likewise, Spotahome reserves the right to modify the manner of offering the referred Guarantee by contracting, at its sole discretion, other services or products of similar coverage without the need to formalize such modification in another contract.

‍Value of the total coverage

‍The value of the total coverage of the Guarantee under this contract, under the below points aggregated, will not exceed the total rental contract value of the Tenant under the lease agreement booked through Spotahome for the agreed term or a maximum of 6 months. The first default will be covered by the deposit. The Guarantee will kick in covering the Landlord for the total amount after deducting the deposit (if there is any)

1. Payment defaults
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‍The Guarantee will provide the Landlord a maximum coverage of six (6) months rental payments for monthly rent defaults, after deducting the Tenant’s deposit.
The Landlord will be able to claim a maximum of one (1) monthly rent every month (minus the marketing commission if not yet paid in the first payment) while there is a default, from the moment the Tenant stops paying until the check out date, with the maximum set in the previous paragraph.
If the Tenant stays in the Property without meeting their payment obligations after the expected check out date, the Landlord will have to formally inform Spotahome and the Guarantee will cover the Landlord up to the maximum total coverage or until the tenant leaves the property, whatever happens first.

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

1. Early exit
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‍As a condition for this coverage, The Landlord needs to indicate in the tenancy agreement that the Tenant will need to provide a thirty (30) days notice period before they leave the property. In case the Tenant does not meet its obligations to pay for the thirty (30) days notice period, the Guarantee will provide the Landlord a maximum coverage of one (1) months rental payments for early exit protection (for the period uncovered by the tenant or unrented by Spotahome), provided that the Landlord gives back the deposit to the tenant (unless there are other defaults covered by that deposit).
In addition, in the event that the Tenant leaves early and all the Guarantee has been paid directly by the Tenant (paying all the notice period), Spotahome will return to the Client the pro rata of the fee charged for the rental service for the months pending not paid by the tenant due to leaving early - as credit for the following booking, once the cost of the Guarantee has been discounted, which is not returned (that is, equivalent to an average cost of a Guarantee entity of three percent (3%) of the total amount of the Contract). There will be no prorrata if Spotahome has provided Guarantee on payment, damages or Early Exit beyond the deposit, or if the Landlord has kept the tenant deposit without any justifiable cause.
Any request for Early Exit must be submitted to Spotahome immediately and no later than seven (7) days after the Tenant has provided notification of the Early Exit.

1. Not included
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‍By way of clarification, the Guarantee will not cover the following facts:
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1. The Guarantee will not cover any non-payment of rent when a) caused by the abandonment of the Property by a Tenant prematurely due to the breach of the terms of the tenancy agreement by the Landlord,; or (b) bill payments (electricity, gas, water, or other supplies) or any payments not included in the total monthly rental price rented through Spotahome, or any excessive consumption of any of those.
2. Monthly contracts, when the Tenant is obliged to pay the full month period irrespective of when they stay in the property, are not permitted in the PLUS Service. 3. Any default, damage or loss caused by a Tenant, if the tenant has extended the period of booking outside Spotahome.  

Damages or losses to the Property
a. that have not been caused directly by the Tenant;
b. General wear and tear of the Property;
c. Defects in workmanship, material, construction or design due to any cause whatsoever;
d. Deterioration, rust, corrosion or erosion, intrinsic defects or hidden defects;
e. Damage to Items that are not included in the inventory or that are not visible in the inventory photos or Spotahome listing or video;
e. Damage to common areas when it is not clear which tenant committed the damage; as long as all the Tenants are not part of a reservation covered by the same Guarantee;
f. Charges over € 100 per Lease for cleaning the property;
h Charges over € 50 for changing the locks on the doors of the Property;
i. Damages to the garden or outside or outdoor area of the property;
j. Damage caused by insects or domestic animals, as well as veterinary care, accommodation, medication and other services related to animals;
k. Damages caused by force majeure (i.e. including among others wars, terrorism, pandemias, rebellions, etc) as well as natural phenomena, including, among others, earthquakes and meteorological phenomena such as hurricanes and tornadoes;
l. Identity theft or fraudulent use of identity;
m. Damages for which the Landlord has previously submitted a request for payment;
n. The Guarantee will exclusively cover the damaged area or object and will not include robbery, the labor costs, cleaning service costs, cosmetic damage, wear & tear, transportation or taxes (VAT).
o. The following items are excluded from the Guarantee: art, money, or personal possessions such as electronic equipment, computers, software, tablets, jewelry, wallets or clothes etc.
p. Damage caused by changes in temperature or relative humidity together with any loss, damage, claim, cost, expense or other sum directly or indirectly related to the presence of mold, fungi, spores, viruses, bacteria or other microorganisms of any kind, class or nature, including any substance whose presence poses an actual or potential threat to human health.

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

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

‍In the event that the Tenant and the Owner decide to extend, renew or reduce the term of their tenancy agreement, both parties must agree and contact Spotahome to formalize such changes in an annex to the agreement, to be able to extend or renew the Guarantee.
In the case of contract extensions or renewals, the cost of the service will be charged by Spotahome to the Owner on the first payment of the next booking or via monthly installments, deducting the fee from the monthly payment of the Tenant's rent.

‍EIGHT. CLAIM PROCESS

Damages

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

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

‍Defaults

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

‍Early exit

- Copy of the Rental Agreement signed by the parties and signed;
- Copy of the receipt proving that the security deposit constituted by the Inhabitant has been presented and/or deposited, if applicable, with the public or private body designated for this purpose. The Rental / Lease Agreement does not suffice for this required proof.
- Copy of the formal notice communication by the Tenant to the Landlord  

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

‍NINTH. CONFIDENTIALITY.

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

‍TENTH. ASSIGNMENT.

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

‍ELEVENTH. JURISDICTION.

These clauses shall be construed in accordance with Spanish legislation. Any divergences that arise due to the fulfillment and interpretation of this document, are subject to the jurisdiction of the Courts and Tribunals of the city of Madrid, expressly waiving any other jurisdiction that may correspond to the parties.

‍CLIENT
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Annex I

Clauses to be included in the tenancy agreement.  

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

One (1) month deposit:

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

Mandatory clause for rent collection:

Rent payment:

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

The Tenant shall pay the Selling Price via direct debit through GoCardless. In the event of choosing Gocardless, the Tenant shall sign-up in the following link: https://pay.gocardless.com/AL0005KH1WN9T8. 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. 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 Selling Price to the Landlord. Therefore, in no event shall the Landlord be deemed to be the owner of the debt.

Furthermore, irrespective of the payment method chosen by the Tenant, the Landlord shall receive the Selling Price and all amounts in full. Therefore, if the Tenant wishes to choose another payment method  other than the one indicated herein, the payment fees that may arise from such an alternative payment method should be borne by the Tenant.

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

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