(Last updated version: March 2022)



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.roomlessrent.com (also: “platform”). This is a service of Roomless srl registered with the Italian trade register under file number 02547910469 (“Roomless” 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 Roomless to the provider when the accommodation of the provider

is booked as further set out herein. The commission is deducted by Roomless

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. Roomless 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

Roomless sends the new version of the General Terms and Conditions to the

email address that the user provided for information purposes, even if

Roomless does not contradict them.

 

Article 2: Performance by Roomless, 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.roomlessrent.com, Roomless provides a platform on which

users can find ways to communicate with each other and conclude agreements.

Roomless itself does not offer any accommodation; it merely acts as an

intermediary for the conclusion of agreements between users.

2.3. Roomless 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”). Roomless

itself is not a party to the leases concluded between the website’s users. However,

Roomless 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. Roomless saves and will transmit the contact data of both parties

for this purpose.

2.5. Roomless 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

Roomless. Roomless 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 Roomless.

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 Roomless.

Providers register when putting their accommodations online. Tenants register when replying to an accomodation. Registration is free of charge and requires that users accept Roomless General Terms and Conditions. The user agreement between Roomless 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 Roomless, 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 Roomless 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 Roomless of this immediately. Roomless 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).

Roomless 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 Roomless offering in a way that ensures that the security, integrity and

availability of systems set up by Roomless to provide its services are not

affected. Users must not block, rewrite, or modify content generated by

Roomless or interfere in any other way that contravenes the purpose of the

user agreement. Roomless 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 Roomless that is required for the purposes of preservation of evidence, accounting, etc. on a storage medium independent of Roomless.

4.11. Roomless 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 Roomless 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,

Roomless is entitled to exercise its virtual householder rights.

Roomless can exclude the user in question from using its services, delete the

content he uses.

Roomless 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 Roomless

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. Roomless 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 Roomless

and indemnify Roomless 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 Roomless a free,

revocable, unlimited, non-local right of use that can be sub-licensed to the multimedia

content uploaded to Roomless 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 Roomless contractual partners.

5.5. Roomless is free to use any comments, information, pictures or ideas

contained in any communication user may send to Roomless 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

Roomless to be non-confidential and non-proprietary, and the user agrees that

such information may be used by Roomless without any limitation whatsoever.

5.6. User explicitly agrees that Roomless is free to read any messages sent

between users. Roomless may read these messages to improve user

experience, solve conflicts between users or for other reasons Roomless

deems appropriate.

5.7. User agrees that Roomless 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,

Roomless 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 Roomless to use and show user's (Facebook/Google) profile

the picture on its website www.roomlessrent.com.

5.9. The content offered via Roomless 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, Roomless 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,

Roomless is not required to ensure that the platform is available or can be

reached at all times. However, Roomless 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. Roomless 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, Roomless 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 Roomless. Roomless

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.

Roomless 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 Roomless 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 Roomless 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, Roomless provides tenants with a booking

method via the platform of Roomless, where Roomless keeps

possession of the money until 48 hours after the start of the lease. After this period

Roomless will transfer the payment of the lease to the provider.

Roomless acts as a third-party custodian in order to eliminate scams.

8.4. The use of the secure booking service, offered by Roomless, is mandatory for

all website users. The provider of the accommodation shall charge and receive the first

month rent via Roomless 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 Roomless, through which the payment is transferred to Roomless. 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, Roomless will order the rent to be transferred to the provider and the booking

fee to Roomless.

8.6. The provider must ensure that:

8.6.1. A correct IBAN/BIC bank account is provided. Roomless will transfer

the rent to the bank account provided and is not liable if this bank account is

not correct. Roomless’s obligations towards the provider will cease to

exist once Roomless 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

Roomless 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.

Roomless 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.roomlessrent.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.roomlessrent.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, Roomless 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.[RM1]

8.8.3. Roomless 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. Roomless 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. Roomless 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[RM2] .

8.8.6. Roomless can charge the provider a commission[RM3].

8.8.7. The right of a user to receive certain amounts from Roomless cannot

be transferred to third parties.

8.8.8. Roomless makes use of a payment service provider. In the case of

different currencies, the payment service provider will determine the

applicable exchange rate. Roomless 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

Roomless receives the amounts that are due to it in the currency as

specified on the platform or in further written communication from

Roomless. 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, Roomless 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 Roomless is the formal billing party

and receiver for the booking fee in relation to the provider.

8.10. Unless Roomless 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. Roomless 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 Roomless.

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. Roomless 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,[RM4]  a commission is charged for every booking. The

commission is previously agreed between the provider and Roomless

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). Roomless applies a commission of 10% + VAT up to a 365-day booking. For bookings longer than 365 days, Roomless applies a commission of 15% + VAT.

8.16. VAT (Value Added Tax) is NOT included in the rent price and the commission and is,

8.17. 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 Roomless fee (including the service costs that Roomless attributes to the tenant and landlord).

therefore, calculated on top.

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. Roomless 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. Roomless 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, Roomless

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 Roomless 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. Roomless 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 Roomless

otherwise has a legitimate interest, particularly with regard to protecting its users

against fraudulent activities, Roomless 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. Roomless 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 Roomless

deletes an offer before it is accepted.

11.4. Roomless 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 Roomless

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 Roomless or another user, the user will be subsequently informed by

Roomless 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 Roomless, 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 Roomless that follow from a

violation of these terms & conditions. Roomless can recover its damages

caused within the context of these terms & conditions against the user. Furthermore, the user

safeguards Roomless from any third-party claims in connection with user's infringement of the terms & conditions.

 

Article 12: Roomless liability


12.1. Roomless is fully liable for damages caused with intent or through gross

negligence by Roomless, its employees or agents, for fraudulent concealment

of defects and if a guarantee was expressly assumed.

12.2. Roomless 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 Roomless does not participate in the contractual relationship between the

tenant and the provider, Roomless accepts no liability for contracts for

accommodation.

12.4. Roomless offers the option of contacting Roomless 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 Roomless

will attempt to bring about a solution.

 

Article 13. Cancellation and Refund Policy for accommodation


13.1: Roomless has two cancellation policy types for accommodation: Strict Roomless cancellation policy and Provider cancellation policy. All listings will have a Strict cancellation policy by default, if there is no provider cancellation policy.

13.2. Cancellation requests should take place exclusively by email to

info@roomlessrent.com or directly contacting our customer care service.

13.3. Roomless 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. Roomless 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).

 

Tenant:

13.5. Strict Roomless Cancellation Policy:

13.5.1. With Roomless strict 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

Roomless 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, Roomless 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 Roomless. If Roomless has already transferred

the money to the provider, then the provider must refund the money directly to

the tenant. Roomless 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 Roomless

advises parties to solve it themselves. If this turns out to be impossible,

parties can provide Roomless with the information and possible proof

of the dispute. After taking all the provided information into consideration,

Roomless decides about the dispute which will be binding for both

Parties.

13.5.5 Below is a summary of the Strict cancellation policy.

1) cancellation made 60 or more days before the Check-in date: For the Tenant: 100% reimbursement of the First Payment.

2) cancellation made between the 59th and 30th day before the Check-in date: For the Tenant: 50% reimbursement of the First Payment.

3) cancellation made between the 29th day or less before the Check-in date: For the Tenant: There is no refund.

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 strict cancellation policy.

 

Provider

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 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 Roomless as a penalty fee.

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). Roomless 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

info@roomlessrent.com or directly to our customer care service.

13.17.2. Roomless will only provide the tenant with a refund of (part of) the first

month rent and booking fee if:

13.17.2.1. 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 13.17.2.4 up to and including 13.17.2.6 have occurred[RM5] ;

13.17.2.2. 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 13.17.2.4 up to and

including 13.17.2.6 have occurred;

13.17.2.3. 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;

13.17.2.4. 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;

13.17.2.5. 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); or

13.17.2.6. The tenant is not able to move into the accommodation due to

circumstances that were unforeseeable when the booking was

made and are not attributable to the tenant), but excluding for clarity and without limitation change

of plans, travel delays and illness which will remain the risk of the tenant.

13.17.3. A refund will not be given in any other circumstances than mentioned in article

13.17.2 which include, but are not limited to: accommodation that is not

according to taste; accommodation that is not in line with the tenant’s

(religious) beliefs or ideology (including living with people from another sex);

accommodation that is not clean, accommodation that turns out to be in a less

safe neighborhood; accommodation that has noise complaints;

accommodation is not suitable to the tenant because of medical reasons;

accommodation has a minor malfunction that could not have been known in

advance; the tenant is hindered in coming to the accommodation because of a

change of plans, travel delays, illness or having made a double booking; the

tenant fails to report the issue within the first 48 hours after the move-in date

registered on the platform.

13.17.4. 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.

13.17.5. The tenant has the obligation to inform Roomless 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 Roomless 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. Roomless will then transfer the payment

of the rent to the provider.

13.17.6. Roomless 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.

13.17.7. 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.

13.17.8. If a tenant cancels a booking after 24 hours of confirmation of the booking due

to other reasons than mentioned in articles 13.17.2.4 up to, Roomless will withhold the booking fee as compensation for their services.

 

Article 14: Advice for users


14.1. Roomless advises users to enter into a contractual agreement with each other.

As stated before Roomless 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. Roomless 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. Roomless is authorized to transfer its rights and obligations under this

agreement in full or in part to third parties.

15.2. Roomless is authorized to send mailings to its users about side jobs, jobs and

internships at Roomless 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

Roomless 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.

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Roomless is a platform operating in the field of real estate rentals for medium - long term residential use. The portal connects home owners with potential tenants.
The social mission of Roomless is the simplification and economic optimization of the process of finding a rental property that is currently expensive and complex.

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