(Last updated version: March 23)
Article 1: Scope, amendment of General Terms and Conditions
1.1. The General Terms and Conditions (GTC) below apply to the use of the platform www.spacest.com (also: “platform”). This is a service of Roomless srl registered with the Italian trade register under file number 02547910469 (“Spacest.com” or “we”).
1.2. “Article(s)” when used in these General Terms and Conditions refers to articles of these General Terms and Conditions unless explicitly stated otherwise herein.
1.3. “Booking fee” when used in these General Terms and Conditions refers to the fee charged to the tenant in addition to the first month rent when an accommodation is booked as further set out herein. The tenant is obliged to pay the booking fee simultaneously with the first month's rent.
1.4. “Commission” when used in these General Terms and Conditions refers to the fee charged by Spacest.com to the provider when the accommodation of the provider is booked as further set out herein. The commission is deducted by Spacest.com from the first month's rent.
1.5. “Users” within the sense of these General Terms and Conditions are natural and legal persons who have either posted an advertisement of an accommodation on the platform or responded to an advertisement of an accommodation.
1.6. By using our services, users confirm that they oblige to the national laws and obligations of their country with respect to renting and subletting.
1.7. Spacest.com reserves the right to amend its General Terms and Conditions effective for the future. The amendments will not become part of the agreement until the user consents to such amendments. It is sufficient for this purpose that Spacest.com sends the new version of the General Terms and Conditions to the email address that the user provided for information purposes, even if Spacest.com does not contradict them.
Article 2: Performance by Spacest.com, performance by providers
2.1. The platform is an online marketplace on which users can offer and rent rooms or other types of accommodation (“accommodation”).
2.2. On www.spacest.com, Spacest.com provides a platform on which users can find ways to communicate with each other and conclude agreements. Spacest.com itself does not offer any accommodation; it merely acts as an intermediary for the conclusion of agreements between users.
2.3. Spacest.com emphasizes that the use of a lease contract between provider and tenants are highly recommended.
2.4. Leases are concluded exclusively between the user providing the accommodation (“provider”) and the user renting the accommodation (“tenant”). Spacest.com itself is not a party to the leases concluded between the website’s users. However, Spacest.com is entitled to act as a representative for the provider with the authority to conclude agreements and to conclude agreements on his/her behalf. However, the provider and the tenants are themselves responsible for satisfying their own contractual obligations. In the event of default, this must be negotiated between the users. Spacest.com saves and will transmit the contact data of both parties for this purpose.
2.5. Spacest.com does not examine the legality, accuracy or completeness of offers published on the platform or user content, and these do not represent the views of Spacest.com. Spacest.com is not responsible for third-party offerings or content.
2.6. Providers can apply their own terms and conditions to the accommodation they are renting that does not affect the General Terms and Conditions of Spacest.com.
2.7. Providers and tenants are responsible for their adherence to the provisions governed by public law, including municipal codes regarding property rental.
2.8. Providers are responsible for the permission of their provider in the case of sublease.
2.9. Providers are responsible for the arrangement of all required documents to rent out the apartment.
2.10. By agreeing to these General Terms and Conditions (GTC), provider states that he/she has permission by the provider (private, agent or housing corporation) to rent out the room/property, as referred to in article 2.8; has arranged all required documents, as referred to in article 2.9; and, if applicable, informed his/her roommates.
Article 3: Registration, realisation of the user agreement, contractual declarations
3.1. The registration of users is required in order to make use of Spacest.com. Providers register when putting their accommodations online. Tenants register when replying to an accomodation. Registration is free of charge and requires that users accept Spacest.com General Terms and Conditions. The user agreement between Spacest.com and the user arises on acceptance of the terms and conditions.
3.2. Registration is available only to natural persons, legal persons and partnerships that are fully legally competent. The registration of a legal person or partnership may be performed only by a natural person with power of representation who must be named. When registering, only individual persons may be given as the owner of the user account (i.e., no married couples or families).
3.3. When registering, the user undertakes to provide accurate, up-to-date and complete information as required by the registration form, in particular first and last name, current address (not a PO box), a valid email address and, where appropriate, the name of the company and an authorised representative. The data must be up-to-date and correct at all times. Multiple registrations under different member names are prohibited. When registering, the user chooses a password to accompany his/her email address.
Article 4: User obligations, user account, system integrity
4.1. The user is solely responsible for all content that he places on the platform. In his/her relationship to Spacest.com, he commits not to place illegal content on the platform and to refrain from actions that violate laws.
4.2. The provider is responsible for ensuring that the accommodation he offers is described correctly and completely. He must provide the information in the Platform’s required fields at a minimum so that the accommodation and the offer are described with sufficient accuracy.
4.3. The user agrees that all the photos added must be authentic and show a realistic sight of the accommodation. Pictures replications from other websites will be, without prior notice, deleted and the user will be removed or disabled from the platform.
4.4. In addition, the provider is free to stipulate further conditions such as the amount of any deposit, the cost of final cleaning, etc. The user undertakes to keep the information in his/her user account up-to-date and accurate at all times, i.e., to correct it immediately in the event of a change or delete the accommodation from the platform in case the tenant and provider have agreed on rental. A user account is personal and can therefore not be transferred to any other person.
4.5. The user undertakes to use his/her user account himself only and to keep his/her password secret.
4.6. The user is liable to Spacest.com for all actions performed using his/her user account, unless the user is not responsible for the misuse of his/her user account.
4.7. Once the user is aware that third parties have access to his/her user data or have otherwise gained access to his/her user account, he must notify Spacest.com of this immediately. Spacest.com is entitled to block the user account until the situation has been clarified and resolved.
4.7. Each user must independently verify the identity of his/her respective contract partner (the tenant in case of the provider or the provider in case of the tenant). Spacest.com accepts no liability for the accuracy of the user contact information entered on the platform.
4.8. The user undertakes to set up his/her systems and programs in connection with the use of Spacest.com offering in a way that ensures that the security, integrity and availability of systems set up by Spacest.com to provide its services are not affected. Users must not block, rewrite, or modify content generated byRoomless or interfere in any other way that contravenes the purpose of the user agreement. Spacest.com is entitled to set up the required measures, in accordance with Article 13 as are necessary to ensure the system integrity of all the parties.
4.9. Users must not use addresses, contact data, or e-mail addresses that they obtain by using the website for any purpose other than for contractual communication. In particular, these data must not be forwarded to unauthorized persons or used to send advertising, unless the user in question has expressly granted his/her consent in advance.
4.10. Each user is himself responsible for archiving any information that can be viewed on the platform and saved by Spacest.com that is required for the purposes of preservation of evidence, accounting, etc. on a storage medium independent of Spacest.com.
4.11. Spacest.com does not give away any contact details of its users to any third party, except to our partner institutions, or if the law requires us to do so. The partner institutions (mostly universities or other educational institutions) can ask Spacest.com for an overview of accommodations rented out in the city of their settlement. The purpose of this information sharing is so that the partner institutions can forecast the accommodations demands in their city in a better way and check possible student misuses.
4.12. In the event of a violation of these General Terms and Conditions by a user, Spacest.com is entitled to exercise its virtual householder rights. Spacest.com can exclude the user in question from using its services, delete the content he uses. Spacest.com will take legal action to exercise its legitimate rights to forbearance and compensation.
Article 5: Handling of content and rights
5.1. Within the framework of the platform’s functionality, providers can present to potential tenants using a variety of media. Certain rules must be complied with to ensure that the various media are utilized legally so that neither the user nor Spacest.com can be made liable. These rules derive, for example, from laws protecting copyrights and brands in addition to these General Terms and Conditions.
5.2. Spacest.com saves for the user the multimedia content uploaded by him (images, text, etc.) or merely arranges the necessary memory space and access to it. Users themselves are solely responsible for the content they upload to Spacest.com and indemnify Spacest.com against all third-party claims resulting from this. In particular, this indemnification also includes the costs of appropriate prosecution and legal defense.
5.3. Users will ensure that the uploaded content does not violate applicable law or legal provisions, common decency, or in particular third-party rights (naming rights, personality rights, copyright, data protection rights, etc.). In particular, users undertake not to upload content that violates the terms of any applicable laws or treaties. The user also undertakes not to utilize content that is pornographic, glorifies violence, or is race-baiting. This also applies to the sending of emails and other electronic communication media of the platform.
5.4. By uploading multimedia content, users transfer to Spacest.com a free, revocable, unlimited, non-local right of use that can be sub-licensed to the multimedia content uploaded to Spacest.com by the user. In particular, the right of use comprises the right to process the multimedia content for the purposes of the platform and to make it available to the public offline, in printed or electronic form, by wired or wireless connection, in such a way that it is accessible to members of the public at places and times of their choosing, including playback on their chosen receiver terminal that allows online access, in particular stationary and portable computer and mobile handheld devices such as smartphones, tablets and similar equipment. The usage rights also include the right to integrate multimedia content, including advertising media, on websites from Spacest.com contractual partners.
5.5. Spacest.com is free to use any comments, information, pictures or ideas contained in any communication user may send to Spacest.com without compensation, acknowledgment or payment to the user for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the services or website or other products or services. For the avoidance of doubt, all such information will be deemed by Spacest.com to be non-confidential and non-proprietary, and the user agrees that such information may be used by Spacest.com without any limitation whatsoever.
5.6. User explicitly agrees that Spacest.com is free to read any messages sent between users. Spacest.com may read these messages to improve user experience, solve conflicts between users or for other reasons Spacest.com deems appropriate.
5.7. User agrees that Spacest.com is free to republish and make use of any information published by you on the website without acknowledging the user as the source of such information and/or creator of such content. In general, however, Spacest.com will make an attempt to provide a link back to the user's page when posting content on other third-party sites, such as Facebook or any of our contractual partners. User hereby irrevocably waive all moral rights to any content placed on the website.
5.8. User explicitly allows Spacest.com to use and show user's (Facebook/Google) profile the picture on its website www.spacest.com.
5.9. The content offered via Spacest.com is protected by copyright. The platform is generally accessed and utilized individually by a natural person using a web browser. The use of technologies such as web spiders, crawlers, or similar programs, the purpose of which is not just the indexing of content but also the mass accessing and saving of the platform’s content is prohibited. This also applies in particular to technologies that enable so-called screen scraping and other third-party services.
5.10. In the event of a violation of these prohibitions and the guidelines of these General Terms and Conditions, Spacest.com is entitled to refuse acceptance of content, to delete and block content immediately and to delete the pages and links to them immediately. In such cases, the user has no right to the restoration of his/her multimedia content on the internet platform or the release of his/her deleted user profile.
Article 6: Availability and amendment of the website
6.1. The user has no legal claim to permanent use of the platform. In particular, Spacest.com is not required to ensure that the platform is available or can be reached at all times. However, Spacest.com endeavors to maintain the operation of the platform with as few disruptions as possible and to continue to develop it in line with user requirements.
6.2. Spacest.com can temporarily restrict use if this is necessary in terms of security, integrity, capacity limits, or the performance of technical measures (maintenance work). In particular, Spacest.com will take users’ legitimate interests into account.
Article 7: Liability for third-party sites
7.1. The platform’s pages also include links to websites on the Internet maintained by third parties, the content of which is not known to Spacest.com. Spacest.com merely provides access to the websites and accepts no responsibility for the content. The links to third-party Internet sites merely serve to facilitate navigation. Spacest.com does not espouse the views expressed on the sites to which it links, and rather hereby expressly distances itself from all content on all websites that it links to on its platform.
7.2. The owners of the Internet sites to which the Spacest.com platform hyperlinks are solely responsible for both their content and the goods or services offered for sale there.
Article 8: Secure booking service, payment, invoice and commission
8.1. By placing an accommodation on the Spacest.com platform, the supplier issues an invitation to submit an offer. Another user may submit an offer to conclude a rental contract for this accommodation. The Provider can accept or reject the offer. The agreement comes into effect if the provider proceeds with the payment of the accepted request.
8.2. A lease is the period for which the tenant leases the accommodation from the provider.
8.3. After conclusion of the agreement, Spacest.com provides tenants with a booking method via the platform of Spacest.com, where Spacest.com keeps possession of the money until 48 hours after the start of the lease. After this period Spacest.com will transfer the payment of the lease to the provider. Spacest.com acts as a third-party custodian in order to eliminate scams.
8.4. The use of the secure booking service, offered by Spacest.com, is mandatory for all website users. The provider of the accommodation shall charge and receive the first month rent via Spacest.com and not through any other means outside of the platform.
8.5. In the case an agreement has been made and parties continue with the payment procedure the tenant will receive a payment link from Spacest.com, through which the payment is transferred to Spacest.com. The payment will be transferred to a secure bank account. After 48 hours from the move-in date registered on the platform and if the tenant does not request changes, Spacest.com will order the rent to be transferred to the provider and the booking fee to Spacest.com.
8.6. The provider must ensure that:
8.6.1. A correct IBAN/BIC bank account is provided. Spacest.com will transfer the rent to the bank account provided and is not liable if this bank account is not correct. Spacest.com’s obligations towards the provider will cease to exist once Spacest.com has transferred the rent to the bank account provided by the provider. Whether this bank account is correct or not is to remain the risk of the provider and does not stand in the way of releasing Spacest.com from its liabilities.
8.6.2. The description of the accommodation and the images used do not violate the law or third-party rights and that they relate only to the accommodation on offer.
8.6.3. The successfully booked accommodation is indicated accordingly or removed from the platform.
8.6.4. Information uploaded does not constitute references to third-party content.
8.6.5. The provider complies with public law regulations, particularly those for payment, factoring and tax law obligations, which may also include any obligations under the sales tax law or indirect tax obligations. The provider will be solely responsible for the obligations and duties of the offer content. Spacest.com is entitled to verify the offer of the users and ask for the corresponding proofs.
8.6.6. Once a tenant has requested renting the accommodation, the provider is not allowed to request a higher price than requested in the original advertisement.
8.7. With respect to offers provided by the user:
8.7.1. Anyone who is interested in renting an accommodation posted on the platform can react via the platform.
8.7.2. The purpose of reacting to accommodation can only be related to the wish of coming to an agreement concerning the leasing of an accommodation posted on www.spacest.com. All other purposes that are not in accordance with this goal, such as, but not limited to, contacting the provider for any advertising purposes, asking users to post their room offers on different housing websites, generating flow to any other websites, using any automatic or manual process to search or harvest information from the website, or to interfere in any way with the proper functioning of the website are prohibited.
8.7.3. Users are prohibited from circumventing the above booking and payment processes, in particular the booking fees.
8.7.4. If reactions are made with a different reason than solely coming to an agreement on renting a property listed on www.spacest.com and with that in breach of the previous paragraph, the replier is liable to a fine of €1000 (say: one thousand euros) per reaction sent.
8.8. The payment process shall take place under the following provisions:
8.8.1. The agreement is automatically concluded and binding by way of a total price shown at the end of the booking. This consists of the first month’s rent and the booking fee (a certain percentage over the first month’s rent which is indicated next to the accommodation price), which comprises an administration component and a property-based component determined by the rent. After a booking has been made, Spacest.com notifies users of its content and the total price.
8.8.2. In the case of a booking confirmation with a booking fee, the service has already been fulfilled and the first month’s rent and booking fee is always due unless the tenant is eligible for a refund on the basis of Article 13.
8.8.3. Spacest.com is entitled to change the amount of booking fees at any time. This does not apply to agreements already concluded. The tenant will be notified of the amount of the booking fee in a timely manner, together with the booking inquiry.
8.8.4. Spacest.com is entitled to change its business model, including without limitation in such a way that it will collect other fees from the provider in addition to the commission or by creating subscription plans for the tenant.
8.8.5. The tenant must pay the total price shown in the booking, by way of the payment method chosen in the booking process. Spacest.com only receives the booking fee and the commission, the rent (minus possible the commission) is transferred to the provider at a specified date of which details can be read under 12.4.
8.8.6. Spacest.com can charge the provider a commission.
8.8.7. The right of a user to receive certain amounts from Spacest.com cannot be transferred to third parties.
8.8.8. Spacest.com makes use of a payment service provider. In the case of different currencies, the payment service provider will determine the applicable exchange rate. Spacest.com has no role whatsoever in the determination of the exchange rate. In the case of a refund, the daily exchange rate will be used - regardless if the exchange rate was different when the payment was made. Moreover, in refund cases, the tenant is liable for his/her own bank's transaction costs, as well as any currency conversion service that his/her bank may provide. The users shall ensure that Spacest.com receives the amounts that are due to it in the currency as specified on the platform or in further written communication from Spacest.com. The users shall bear any exchange rate risks (including without limitation changes in the exchange rate applied by the banks involved).
8.9. On request, the provider must issue the tenant with an invoice for the total price. On request, Spacest.com will issue the provider with an invoice for the booking fee, though this will be shown without sales tax or similar indirect taxes in accordance with tax law provisions, unless expressly stated otherwise in these regulations. The aforementioned means that the provider is the formal billing party and receiver for the booking fee in relation to the tenant and Spacest.com is the formal billing party and receiver for the booking fee in relation to the provider.
8.10. Unless Spacest.com is notified otherwise, it is refutably assumed that the provider operates in a business capacity and is aware of his/her resulting (sales) tax obligations and satisfies these accordingly. Spacest.com is entitled to demand corresponding evidence of the provider’s business capacity and satisfaction of corresponding tax obligations in respect of the amounts received in connection with rent of accommodation through the platform of Spacest.com.
8.11. The provider reserves the right to additionally charge other on-site costs based on consumption and use (in particular: electricity, water, heating). The provider must advise the tenant that he has a basic right to charge these costs before concluding the agreement. Such costs are not considered in the calculation of the booking fee.
8.12. Spacest.com advises users that have agreed on renting accommodation to sign a contract between the two of them.
8.13. As mentioned in Article 8.8.6,a commission is charged for every booking. The commission is previously agreed between the provider and Spacest.com represented by one of the Account Managers or determined during the sign-up process.
8.14. The commission will be withheld from the pay-out of the first month's rent.
8.15. The commission is calculated based on the total contract value. Total contract value is determined by the rental price due for the whole quantity of days of the booking. (e.g., from 01/08/2017 to 31/12/2017 - that makes 153 days). Spacest.com applies a commission of 10% + VAT up to a 365-day booking. For bookings longer than 365 days, Spacest.com applies a commission of 15% + VAT. Spacest.com reserves the right to change its commission for specific bookings by differing from the above.
8.16. VAT (Value Added Tax) is included in the commission.
Article 9: Security deposit
9.1. The provider is entitled to charge a security deposit in his/her offer. If a provider demands a security deposit from the tenant on the day of arrival, corresponding information on the amount of the security deposit and the payment method must have already been mentioned in the offer. The amount of the security deposit must be stipulated prior to the booking. It must also be clarified in advance when the amount must be paid (e.g., upon moving in).
9.2. If the provider did not mention the security deposit when advertising his/her accommodation but demands a security deposit at a later time and the tenant does not agree, this constitutes a refusal to render performance by the provider under the agreed contract. In such cases, the tenant reserves the right to cancel the booking after which the provider is obligated to refund the tenant.
9.3. Spacest.com is not responsible for the administration of security deposits, or for any claims asserted by the provider.
9.4. The provider will be responsible for refunding the security deposit to the tenant at the end of the lease.
Article 10: Duration, termination
10.1. The user agreement is concluded for an indefinite period.
10.2. The user can terminate the agreement at any time without notice. User’s leases with other users that have already been proven or arranged remain unaffected by the termination of the user agreement. This applies accordingly to claims for the payment of booking fees already due.
10.3. Spacest.com can terminate the user agreement at any time with two weeks’ notice. An email will be sufficient for the purpose.
10.4. This does not affect the right to block, the right to terminate for just cause or individually agreed rights of termination of the user. In particular, Spacest.com has just cause if:
10.4.1. The user does not comply with a not merely insignificant payment obligation in full or in part, despite having been sent a reminder with an appropriate deadline.
10.4.2. The user violates his/her obligations under these General Terms and Conditions and does not take remedial action despite having been sent a reminder with a timely deadline. A reminder is not needed if this is not expected to be successful or if the breach is sufficiently severe that it would be unreasonable for Spacest.com to maintain the agreement.
10.4.3. Requirements of law, a court, or an official authority mean that the use of the platform can no longer be offered in this form.
10.4.4. Spacest.com discontinues its platform or business activities.
10.4.5. Insolvency proceedings are initiated for the user’s assets owing to a lack of funds.
Article 11: Measures in the event of illegal conduct and/or conduct in breach of agreement by the user
11.1. If there are specific indications that a user is culpably violating legal provisions, third-party rights, or the General Terms and Conditions or if Spacest.com otherwise has a legitimate interest, particularly with regard to protecting its users against fraudulent activities, Spacest.com can take one or more of the following actions subject to termination without notice:
11.1.1. Issue the user with a warning.
11.1.2. Delete the user’s offers or other content.
11.1.3. Restrict the user’s use of the website.
11.1.4. Temporarily or permanently exclude (block) the user from the website.
11.1.5. Contest and cancel existing leases in the name of the provider without taking into account any otherwise applicable cancellation policies and reject the user’s offers for the conclusion of a lease in the name of the provider.
11.2. Spacest.com also takes the legitimate interests of the user in question into consideration when choosing these measures.
11.3. Leases that have already been concluded between the user and other users are not affected by the deletion of an offer. This applies accordingly to claims for the payment of booking fees already due. An effective lease does not arise if Spacest.com deletes an offer before it is accepted.
11.4. Spacest.com has the right to permanently block a user in each of the following cases. As far as reasonable, the user will receive a prior warning by Spacest.com so that it has the opportunity to dispel suspicion or take remedial action. If a previous warning is not reasonable, e.g., because blocking is necessary to prevent any damage to Spacest.com or another user, the user will be subsequently informed by Spacest.com of the blocking immediately, and then be given the opportunity to comment and take remedial action.
The right to block a user exists if:
11.4.1. the user has provided incorrect contact information in his/her user account, in particular , an incorrect or invalid email address.
11.4.2. a user account is transferred to another party.
11.4.3. the user significantly harms other users, in particular, if their accommodations and/or furnishings are damaged, destroyed, stolen, etc.
11.4.4. there is just cause due to similar risk and responsibility of the user.
11.5. After a user has been permanently blocked by Spacest.com, he is not entitled to have the blocked user account restored. The user will also no longer be permitted to use the website with other user accounts or to re-register.
11.6. User is liable for any damages incurred by Spacest.com that follow from a violation of these terms & conditions. Spacest.com can recover its damages caused within the context of these terms & conditions against the user. Furthermore, the user safeguards Spacest.com from any third-party claims in connection with user's infringement of the terms & conditions.
Article 12: Spacest.com liability
12.1. Spacest.com is fully liable for damages caused with intent or through gross negligence by Spacest.com, its employees or agents, for fraudulent concealment of defects and if a guarantee was expressly assumed.
12.2. Spacest.com is liable for other damages only if they arise from a violation of a duty whose fulfillment makes the proper implementation of the agreement possible and compliance with which it is regularly trusted by the parties to the agreement. Its duty to pay compensation is limited to such damages that are considered typical for the agreement and foreseeable.
12.3. As Spacest.com does not participate in the contractual relationship between the tenant and the provider, Spacest.com accepts no liability for contracts for accommodation.
12.4. Spacest.com offers the option of contacting Spacest.com with a complaint if there are any problems with regards to the website, accommodation or provider. The complaint must be provided in written form (e-mail). In this complaint, the guest must specifically indicate the grounds for the complaint. In such a case Spacest.com will attempt to bring about a solution.
Article 13. Cancellation and Refund Policy for accommodation
13.1: Spacest.com has two cancellation policy types for accommodation: Standard Spacest.com cancellation policy and Provider cancellation policy. All listings will have a Standard Spacest.com cancellation policy by default, if there is no provider own cancellation policy.
13.2. Cancellation requests should take place exclusively by email to firstname.lastname@example.org or directly contacting our customer care service.
13.3. Spacest.com is no longer involved in executing the agreement made between the tenant and the provider when the 48 hours have passed. In the same way, it is not possible to provide a refund after these 48 hours have passed and the tenant has not reported an issue with the accommodation that gives the right to a refund under these General Terms and Conditions.
13.4. Neither of the parties should preclude the other party from gathering necessary evidence (e.g., Pictures, videos, etc) to sustain their claim.
13.5. Spacest.com is not responsible for other payments different from the first month’s rent and booking fee collected at the time of the initial booking confirmation (e.g., Deposit, bills, other monthly rents, etc), except for different situations highlighted in the listing or indicated by the customer care service.
13.5. Standard Spacest.com Cancellation Policy:
13.5.1. With Standard Spacest.com cancellation policy in the case that the tenant decides not to make use of the accommodation after an agreement has been made there will be no refund of the booking fee.
13.5.2. If the tenant does not show up or does not take the accommodation, then Spacest.com will transfer the first month’s rent to the provider, to compensate the provider for the loss of an empty room. The secure booking fee will not be transferred, Spacest.com shall be entitled to retain this as compensation for its services.
13.5.3. If the tenant decides not to take the accommodation after the booking occurred, the tenant always has the possibility of asking the provider if she/he is willing to refund the first month’s rent. This is up to the provider to agree on or not. If the provider agrees on refunding the first month’s rent, the provider should inform Spacest.com. If Spacest.com has already transferred the money to the provider, then the provider must refund the money directly to the tenant. Spacest.com is not involved in the transfer of funds between the provider and the tenant.
13.5.4. In the case of a dispute between tenant and provider Spacest.com advises parties to solve it themselves. If this turns out to be impossible, parties can provide Spacest.com with the information and possible proof of the dispute. After taking all the provided information into consideration, Spacest.com decides about the dispute which will be binding for both Parties.
13.5.5 Below is a summary of the Standard Spacest.com cancellation policy.
1) cancellation made 60 or more days before the Check-in date: For the Tenant: 100% reimbursement of the First Month. 0% Spacest.com fee.
2) cancellation made between the 59th and 30th day before the Check-in date: For the Tenant: 50% reimbursement of the First Month. 0% Spacest.com fee.
3) cancellation made between the 29th day or less before the Check-in date: For the Tenant: There is no refund. 0% Spacest.com fee.
13.6. Provider Cancellation Policy
13.6.1. The policy is only applicable to listings that have opted in. Providers can set the cancellation policy when creating the listing. In case the policy is edited after, the cancellation policy applicable to a booking is the one that was set when the conversation between the tenant and provider started.
13.6.2. With Provider cancellation policy, the tenant must comply with the cancellation policies included in the listing by the owner. The policies for refunding the booking fee remain the same as stated in the Standard Spacest.com cancellation policy.
13.7. For providers who want to cancel the booking within the following 24 hours of which the original booking was implemented there will be no penalty, irrespective of the reason for cancellation and no pay-out to the provider will be processed.
13.8 If a provider cancels a booking after the first 24 hours from the confirmation of the booking (with at least 30 days from the check in date) due to circumstances attributable to the provider, including but not limited to mistaken accommodation availability, the wish to charge a higher price than requested in the original advertisement or personal preference regarding a tenant, they will be subject to a multi-stage penalty and no pay-out to the provider will be processed:
- stage 1: After 1st cancellation, the provider’s listing will be moved to the end of the list on the search page of the relevant city for a period of 2 weeks.
- stage 2: With repeated cancellations, stage 1 penalty will be executed again and 10% of the month’s rent for the next booking will be held back by Spacest.com as a penalty fee.
In the event that the landlord/user who posted the listing cancels a confirmed booking, in a period of less than 30 days from the date of check in, he/she will be obliged to pay the full Spacest.com fee (including the service costs that Spacest.com attributes to the tenant and landlord).
13.9. If a tenant cancels a booking after the first 24 hours from the confirmation of the booking due to circumstances attributable to the provider that justify such cancellation the multi-stage penalty in article 13.8 will also apply, and no pay-out to the provider will be processed.
13.10. The provider will be informed in writing or by email when a penalty will be charged.
13.11. The accommodation must be delivered to the tenant in a clean state. If the tenant arrives and the accommodation is not in a suitably hygienic state to live in, the provider risks the payment being put on hold until the provider resolves the problem or the booking and payment potentially being canceled. The tenant must provide evidence of these unsuitable conditions (i.e., photo). Spacest.com will decide if this is significant enough to delay and/or cancel the payment.
13.12. Once a tenant has requested renting the accommodation, the provider is not allowed to request a higher price than requested in the original advertisement.
13.17. Refund policy:
13.17.1. Cancellation requests should take place exclusively by email to email@example.com or directly to our customer care service.
13.17.2. Spacest.com will only provide the tenant with a refund of (part of) the first month rent and booking fee if:
184.108.40.206. A refund is due pursuant to the terms of the Provider cancellation policy, whereby the booking fee will only be refunded if any of the circumstances set out in articles 220.127.116.11;
18.104.22.168. The tenant cancels the booking within 24 hours after the original booking was placed, whereby the booking fee will only be refunded if any of the circumstances set out in articles 22.214.171.124;
126.96.36.199. The provider cancels the booking due to circumstances not attributable to the tenant, in which case only the first month rent and booking fee shall be refunded;
188.8.131.52. The material characteristics of the accommodation are different than stated in the advertisement which difference is material enough to justify termination of the lease agreement with the provider;
184.108.40.206. The accommodation is not available for the tenant’s use for the agreed lease (for example, there is already someone else in the accommodation or the accommodation does not exist at all);
13.17.3. The following circumstances without limitation will not be considered material enough to justify termination of the lease agreement with the provider: wear and tear of the furniture, updates in the accommodation that might result in a different/newer furniture (for example a different bed of the same size as advertised), light perception, painting of the walls.
13.17.4. The tenant has the obligation to inform Spacest.com and the provider within 48 hours after the start of the lease period registered on the platform. The tenant must substantiate his claim and insofar as reasonably possible also provide sufficient visual proof (e.g. pictures, videos, correspondence). If the tenant does not inform Spacest.com about any problems within 48 hours from the start of the lease onwards, the tenant is considered to have agreed with the room as it is. Spacest.com will then transfer the payment of the rent to the provider.
13.17.5. Spacest.com has no role whatsoever in the determination of the exchange rate. In the case of a refund, the daily exchange rate will be used - regardless if the exchange rate was different when the payment was made. Moreover, in refund cases, the tenant is liable for his/her own bank's transaction costs, as well as any currency conversion service that his/her bank may provide.
13.17.6. A refund to the tenant takes place as soon as possible, but no later than 30 days after it has finally been determined in accordance with these General Terms and Conditions that the tenant is entitled to such refund.
13.17.7. If a tenant cancels a booking after 24 hours of confirmation of the booking due to other reasons than mentioned in articles 220.127.116.11 up to, Spacest.com will withhold the booking fee as compensation for their services. For the first month, the Provider's conditions apply.
Article 14: Advice for users
14.1. Spacest.com advises users to enter into a contractual agreement with each other. As stated before Spacest.com is not part of the agreement between provider and tenant and therefore advises both parties to enter into a contractual agreement with each other.
14.2. Spacest.com furthermore advises the tenant to obtain liability insurance to cover for costs in case damages to the accommodation arise.
Article 15: Closing provisions
15.1. Spacest.com is authorized to transfer its rights and obligations under this agreement in full or in part to third parties.
15.2. Spacest.com is authorized to send mailings to its users about side jobs, jobs and internships at Spacest.com to its users through a newsletter. Users will have the possibility to unsubscribe from this newsletter.
15.3. If individual provisions of these General Terms and Conditions are or become wholly or partially invalid, the other General Terms and Conditions are still valid. In the event of such a provision being invalid, it shall be replaced by a legal provision.
15.4. All declarations to be sent in connection with the user agreement to be concluded with Spacest.com must be issued by email. The postal address and email address of a user are those that are stated as the current contact data in the user’s user account.
15.5 These Terms and Conditions are governed by Italian law and must be interpreted in accordance with it. In the event of disputes concerning this contract, its interpretation and application, the parties undertake to have arbitrators decide on all future disputes arising from the contract itself. The seat of the arbitration must be in Italian territory. There are three arbitrators, one appointed by each of the parties and the third chosen by mutual agreement of the two party arbitrators. In the event that the two arbitrators fail to identify the third arbitrator, the latter will be appointed by the President of the Court of Lucca in the manner and within the time limits provided for by law.