Terms and Conditions

GENERAL

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS. THESE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS THAT LIMIT BEYONDFLATS' LIABILITY IN CERTAIN CIRCUMSTANCES, GOVERN JURISDICTION AND VENUE IN DISPUTE RESOLUTION, AS WELL AS THE LAW APPLICABLE TO BEYONDFLATS' SERVICES.

THE TERMS AND CONDITIONS APPLICABLE TO YOU CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND BEYONDFLATS.BY ACCESSING, VIEWING OR USING THE MATERIALS OR SERVICES ACCESSIBLE ON OR THROUGH THE "WEBSITE" OR OTHER WEB PAGES OR APPLICATIONS, YOU REPRESENT THAT YOU UNDERSTAND AND ACCEPT THESE"TERMS AND CONDITIONS" AS THE LEGAL EQUIVALENT OF A SIGNED, BINDING WRITTEN DOCUMENT.

The use of any website owned by BEYONDFLATS, the Content, the Application and/or the Services confers the status of User and implies full and unreserved acceptance by the User of the Terms and Conditions in force at all times when the User accesses them.

BEYONDFLATS reserves the right to modify these Terms and Conditions at any time. Any changes to these Terms and Conditions that may affect the User's rights will be communicated on the Website, in the Application or by email. We suggest that you review these Terms and Conditions frequently to be aware of their scope and any modifications that have been made, as you are legally bound by them. By accessing the Websites or the Application owned by BEYONDFLATS after the publication of such modifications or updates, you agree to comply with the new terms. The User is aware that access to and use of the Website and/or the Content is at the User's sole and exclusive responsibility. Some services of the Website or the BEYONDFLATS Application may be subject to special conditions that, where appropriate, replace, complete and/or modify these Terms and Conditions. The provision of the service at the request of the User, implies the express acceptance of the particular terms and conditions that may apply.

BEYONDFLATS reserves the right to restrict access to or remove any User for any reason and without prior notice. Additionally, in the event that it is suspected that the User is in breach of any point of these Terms and Conditions, BEYONDFLATS may also restrict access or remove the User. This will not entitle the User to any type of compensation, and BEYONDFLATS will not incur any financial penalty or loss as a result. Being the User an Owner or Resident (or tenant), the above restrictions may include, without limitation, cancellation of reservations and/or booking requests, unpublishing the listed accommodations and/or disabling the User's account(s) at any time. In the event that BEYONDFLATS cancels a reservation pursuant to this paragraph, neither the Owner nor the Resident, as parties to the present or future lease, shall be entitled to any compensation of any kind. Additionally, none of the cancellation policies or warranties contained herein shall apply.

Access, registration, browsing, use, hosting and/or downloading of materials and/or use of the services of any BEYONDFLATS Website and/or Content by minors (under 18 years of age) is prohibited. By accessing or using any BEYONDFLATS Website and/or Content, the user guarantees that he/she is of legal age (18 years of age) and has sufficient capacity to enter into a legally binding contract, recognizing BEYONDFLATS' right to withhold any payment made for the provision of services, as a result of non-compliance with these Terms and Conditions. It will in any case be the responsibility of the users to verify that they are able to legally formalize a contract at the address where the Accommodation is located.

BEYONDFLATS offers an online Platform that connects Owners or managers of Accommodations (hereinafter"Owner/s") with Resident/s (hereinafter defined below), who wish to book such Accommodations for medium or long term rentals (hereinafter collectively, the"Services"). Such Services are available onwww.BEYONDFLATS.comand other websites, in applications for cell phones and other devices, through which BEYONDFLATS offers its Services. BEYONDFLATS does not offer Tourist Accommodations.

BEYONDFLATS is neither a tour operator nor a platform whose main purpose is to offer tourist accommodations as an intermediary. The Platform does not constitute for any purpose a tourism promotion channel.

KEY TERMS

"BEYONDFLATS"Siracusa Invest, S.L., a company incorporated under the laws of Spain, with registered office at Passeig Sant Joan 34, PRAL 1ª, 08010, Barcelona (Spain) and VAT number B10794451.

"BEYONDFLATS Content"all that BEYONDFLATS enables through its Platform, Application and the Services, including herein any content authorized by a third party.

"Content"the text, graphics, images, music, software, audio, video, information or other materials included on the Platform or in the Application.

"Platform / Website"any of the domains owned by BEYONDFLATS, under which BEYONDFLATS allows Users to use or browse the online Platform.

"Application"any Application owned by BEYONDFLATS, available for mobile devices that allows the User to enjoy the same services provided by the Website.

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

"Resident"a person who requests an Accommodation reservation through the Platform, the Application or the Services and/or who is staying at an Accommodation and is not the Owner of such Accommodation.

"Owner"means the person who has agreed to publish an Accommodation Advertisement on the Platform with the BEYONDFLATS team so that the Resident can book it through the Platform. The Owners may be individuals or legal entities, as well as any other entity that owns or has sufficient title to rent on its own behalf or on behalf of third parties Accommodation for rent for medium or long periods of time.

By registering and listing your property(s) you are declaring that you own the property or have the legal right to rent it.

In the event that the Owner is a legal entity, the natural person who makes use of the services of BEYONDFLATS, accepts these Terms and Conditions on behalf of the Owner and declares to have sufficient capacity to be bound to the fulfillment of its obligations on its behalf.

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

"Advertisement"Accommodation published by the BEYONDFLATS team by agreement between the latter and the Owner for the purpose of making it available for booking through the Platform.

"Accommodation"that dwelling, apartment, house, house, room or room that the Owner advertises through the BEYONDFLATS Website so that the Resident can book it online.

"Rental Agreement"means the private rental agreement signed by Beyondflats, as representative of the Owner (as landlord), and by the Resident (as tenant). Alternatively, it may be the case that the Owner signs the rental agreements directly.

"Entry Date"the date on which the Resident indicates when confirming the reservation, that he/she will move into the Lodging.

"Departure Date"the date on which the Resident indicates when he/she confirms the reservation, that he/she will leave the Lodging.

"Reservation Document" shall include the first month's rental payment and the reservation fee. It will be used to secure the reservation on an asset.

"First month's rent" that transferred by the Resident when booking an Accommodation through the Platform or the App, once the booking has been confirmed by the Owner (SeeRatessection;check the specific regulation applicable in your territory inClause 10 "Applicable Local Regulation").  

At the time of reservation, the first month's rent shall be paid and shall be computed as follows. If the date of entry is prior to the 15th day of a month, the days of that month shall be computed; if the date of entry is after or equal to the 15th day of a month, the outstanding days of that month and the following month shall be computed as the first month's rent.  

"Booking Fee"that paid by the Resident to BEYONDFLATS when booking Accommodation through the Platform or the App, once the booking has been confirmed by the Owner (SeeRatessection;check the specific regulation applicable in your territory inClause 10 "Applicable Local Regulation"). The Booking Fee which will include the corresponding VAT.

"First Payment Before Check-In"is the one transferred by the Resident when booking an Accommodation through the Platform or the Application, once the booking has been confirmed by the Owner (SeeRatessection;check the specific regulation applicable in your territory inClause 10 "Applicable Local Regulation"). The first payment before check-in corresponds to the outstanding payment before check-in, and will include the payment of the deposit, taxes (ITP), consumptions and final cleaning.

"Service Fee"is a percentage of the Total Contract Value that BEYONDFLATS will charge the Owner for services rendered (SeeFee section).

"Reservation Request"is the one made by the Resident to reserve the Lodging. It is made by "clicking" on the "Request Reservation" button and completing the reservation form. This Reservation Request and the form are processed in the form of an e-mail including all the information requested by the Owner who will receive it. Likewise, the Reservation Request contains the Check-In Date, Check-Out Date and the amount of the Down Payment.

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

3. OPERATION OF THE PLATFORM, APPLICATION AND SERVICES

The Platform and the Application are used to facilitate the reservation and management of Accommodations by Residents for medium or long term stays. These Accommodations are advertised on the Platform or Application by the BEYONDFLATS team at the request and with the approval of the Owners by making available to them the technology and operations necessary for this purpose.

BEYONDFLATS' responsibilities are limited to:

1. Facilitate the Platform, the Application and the services, in accordance with these Terms and Conditions.

2. Photographs and videos for the publication of the properties in broadcasting platforms for rent or sale.

3. Operational management of visits, arrivals and departures, incident resolution and inventory management.

4. Issuance of invoices and management of payments/collections.

4. CATALOG OF ACCOMMODATIONS

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

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

The plans published in the Advertisements are indicative and serve an explanatory purpose. There is no guarantee that the dimensions reflected in them are accurate. BEYONDFLATS shall not be liable in any way for their inaccuracy.

The Owner agrees to provide all the necessary information requested by BEYONDFLATS, which includes, but is not limited to: the location, capacity, size, characteristics and availability of the Accommodation, as well as the price, and everything concerning the terms of payment.

BEYONDFLATS will have agreed with the Owner of the Accommodation a range of rental prices, BEYONDFLATS may modify the advertised rental price at its discretion according to the level of demand on it. Any change in the information regarding payment terms published in the Advertisement will always be determined at the discretion of the Owner. Any request for modification or changes related to the Advertisement must be requested by the Owner to BEYONDFLATS, who will have a maximum period of seven (7) business days to execute the required modifications.

Likewise, the Owner declares and accepts that all the information provided to BEYONDFLATS is true, correct and up to date, undertaking to inform BEYONDFLATS of any change or modification immediately. In connection with the above, the Owner agrees to provide as soon as possible any documentation requested by BEYONDFLATS for the purpose of verifying the ownership of the Accommodation or compliance with any other legal or contractual requirement.

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

The creation of Ads and the audiovisual material of the Accommodations are free of charge for the Owner. The BEYONDFLATS team will develop the advertisement and share it with the Owner for evaluation. The Owner may communicate changes to the Advertisement at any time, but in the first instance, he/she will have three (3) calendar days to notify BEYONDFLATS of any changes to the Advertisement.  

It is understood that the Owner agrees with the Advertisement and accepts the Terms and Conditions of BEYONDFLATS.The Owner understands and accepts that once the Resident reserves the Accommodation, the price of this reservation cannot be altered.

BEYONDFLATS guarantees the characteristics of the Accommodations as of the date on which BEYONDFLATS conducted the last inventory inspection (carried out at each check-in and check-out of Residents). Residents acknowledge and accept that the Lodging they book was verified on a different date and prior to the booking dateand that the characteristics of the Lodgings may differ from the conditions at the time BEYONDFLATS verified them. The BEYONDFLATS team will inform the Owner of the necessary maintenance/improvement needs. Likewise, the Owner undertakes to maintain the Accommodation in similar conditions to those shown in the advertisement.

BEYONDFLATS may refuse to accept the registration on the Platform of any user, whether Resident or Owner, at its discretion and without prior notice.

BEYONDFLATS IS THE OWNER OF ALL COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN THE AUDIOVISUAL AND PUBLICITY MATERIAL AND BEYONDFLATS ALONE OWNS THE RIGHT TO USE IT. IF THE OWNER OR ANY THIRD PARTY USES SUCH BEYONDFLATS MATERIAL WITHOUT WRITTEN PERMISSION, BEYONDFLATS RESERVES THE RIGHT TO SEEK THE CESSATION OF THE USE OF SUCH MATERIAL, TOGETHER WITH ANY COSTS OR DAMAGES ARISING AS A RESULT OF THE BREACH OF THIS CLAUSE.

In the event that the Owner provides a photograph of the Accommodation, the Owner authorizes BEYONDFLATS to proceed with its publication in the Advertisement and agrees to the temporary assignment of its copyrights or any other intellectual property rights existing on the audiovisual and advertising material generated for the publication of the Advertisement and guarantees that they do not infringe the intellectual property rights of third parties, in accordance with the provisions of this clause. The Owner shall be solely liable for all third party claims for infringement of any third party intellectual property rights, including all legal fees and expenses. Likewise, the Owner agrees to indemnify and hold BEYONDFLATS harmless against any claim related to such infringements.

In any case, the Owner accepts and authorizes BEYONDFLATS to publish the Advertisement of his/her Accommodation on all the websites of the BEYONDFLATS group. Likewise, the Owner authorizes BEYONDFLATS, in order to obtain the widest possible dissemination of the Advertisement of his/her Accommodation, to publish it on classified advertising websites belonging to third parties outside the BEYONDFLATS group.

In those cases in which this is required by the applicable regulations in the place where the Accommodation is located, the Owner shall dispose, under the conditions and in accordance with the requirements imposed by the regulations in force at any given time, exempting BEYONDFLATS from any type of liability arising from the failure to comply with the above, and BEYONDFLATS reserves the right to claim against the Owner for any damage arising, directly or indirectly, from the inaccuracy or incorrectness of the registration number of the Accommodation or the lack of any regulatory requirement. The Owner undertakes to inform BEYONDFLATS immediately of any change that affects its ability to offer the accommodation for rent.

In the event of subletting the Accommodation offered in BEYONDFLATS, the Owner or sublessor, as defined in these Terms and Conditions, guarantees that he/she has the necessary permits and authorizations to sublet the Accommodation, in accordance with the regulations of the place where it is located, exonerating BEYONDFLATS from any liability for non-compliance with the applicable legal precepts.

5. RESERVATION PROCEDURE

Note:Please check if there is specific information applicable in your territory in Clause 10 "Applicable Local Regulation".

The Resident, when deciding on the Accommodation for which he/she wishes to make a reservation, shall provide the information requested by BEYONDFLATS through the BEYONDFLATS Platform or Application, or by mail if so stipulated, and BEYONDFLATS shall provide detailed information on the breakdown of prices, including Fees (see Fees section), through the means of payment available on the Platform or Application.

When a Booking Request is made through the Platform, the Application or the Services, we will share with the Owner:

a) Data concerning the Resident: age, nationality, company, university, profession, studies and other data that the Owner specifically requires.

b) A link to the BEYONDFLATS page where the Accommodation is published.

If the Owner accepts the reservation requested by the Resident, BEYONDFLATS will capture the First Month's Rent and the Reservation Fee plus its corresponding Value Added Tax (VAT) when applicable, and will send an email to both the Owner and the Resident confirming such reservation.

In the event that the Owner or the Resident notifies BEYONDFLATS of an error in the reservation within the first hour after the issuance of the confirmation email, BEYONDFLATS, based on the information provided and at its sole discretion, reserves the right to approve the cancellation of a confirmed reservation within the first 24 hours after the issuance of the confirmation email. In such cases, neither the Owner nor the Resident shall be entitled to any type of compensation and none of the cancellation policies or guarantees included in the BEYONDFLATS Terms and Conditions shall apply.  

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

Likewise, the Owner confirms that when accepting a reservation:

a) shall not violate any agreements it may have entered into with third parties; and

b) will be performed (i) in compliance with all laws, tax requirements, and any other rules or regulations applicable to any Accommodation included in an Advertisement (ii) without incurring any conflict as to the rights of any third party.

BEYONDFLATS assumes no responsibility for any failure by the Owner to comply with applicable laws, rules and regulations. BEYONDFLATS reserves the right to, at any time and without prior notice, withdraw publication of or disable access to any Advertisement for any reason, including those Advertisements that BEYONDFLATS, in its sole discretion, deems objectionable for any reason.

BEYONDFLATS provides the Owner with certain information about the Resident who wishes to make the reservation that the Resident has provided and authorized for such purpose. Both the Owner and the Resident understand and agree that they are responsible for their own actions and omissions in this regard.

By using the Platform, the Application or the services, you agree that any legal action or claim that is sought as a result of the actions or omissions by Owners, Residents or third parties causing the damage will be directed exclusively against them,waiving any legal action or claim against BEYONDFLATSwith respect to such actions or omissions.

BEYONDFLATS recommends that Owners obtain appropriate insurance for their Accommodations.

BEYONDFLATS will not be responsible for the disappearance or theft of any object located inside or outside the rented accommodation.

6. RATES

Note:Please check if there is specific information applicable in your territory in Clause 11 "Applicable Local Regulation".

The minimum reservation period through the Platform or in the Application is 32 days, and the Owner may establish a longer minimum period.

When the Resident makes a reservation and this is confirmed by the Owner, the Resident will transfer to BEYONDFLATS theFirst Month's Rentplus theReservation Fee, the latter with its corresponding Value Added Tax (VAT), through the payment methods available on the Platform or in the Application. Depending on the proximity to the check-in date, it may be the case that the disbursement of the First Payment Before Check-In may also be requested.

Before entering the apartment, it is mandatory that the Resident disburses this First Payment Before Entry.

The"Total Contract Value"is the total price for the reserved rental which will vary according to its total duration and the price assigned to each of the days of its duration.

The"Service Fee"is a percentage of the Total Contract Value that BEYONDFLATS will charge the Owner for the services rendered. The Service Fee and its corresponding Value Added Tax (VAT) will be deducted from the Initial Payment and successive monthly payments.

BEYONDFLATS will only transfer the Down Payment less the Service Fee and its corresponding Value Added Tax (VAT) to the Owner after 48 hours from the Check-In Date (the one indicated in the reservation) provided that the Resident has not informed BEYONDFLATS of any Essential Deficiency (see section 7. CHECK-IN POLICY).

Violations of the T&Cs: Avoid BEYONDFLATS fees - Offline Booking

The parties agree that it is prohibited to circumvent the booking and payment processes, in particular the BEYONDFLATS Booking Fee. In the event that the User suggests or leaves the Platform with another digitally connected User in order not to pay BEYONDFLATS fees, such User shall pay compensation to BEYONDFLATS equivalent to the corresponding Booking Fee or Service Fee applied to the reservation.

1. Payment terms.

The Owner will receive monthly payments on or before the 7th of each month.  

In the event of any delay or circumstance, the Owner will be notified in advance.

2. Early departures/cancellations.

In case of cancellations or early abandonment of reservations, please contact us and we will try to find the most convenient solution between the parties.

As a general rule, early departures must be communicated at least 90 days in advance.  

3. BEYONDFLATS has the right to take the following actions due to breach of our Terms and Conditions when there is non-payment of rental payments / fees / outstanding fees due.

In any event, all outstanding fees must be paid in full. If there are any outstanding fees or penalties for a specific Lessor, any adjustment will be null and void, i.e., not taken into account.

4. Billing.

Each month, the Owner will receive an invoice with the settlement of the payment of the outstanding fee for that month and the breakdown of the data relating to their active/new reservation(s), at the time the direct debit is processed.  

5. Right to withhold outstanding amounts.

BEYONDFLATS is entitled to withhold any amount to transfer to Owners for existing and/or future bookings in order to reduce and/or settle any outstanding fees owed by such Owner to BEYONDFLATS for other bookings, ie, in the event that the first week's rent paid by the Resident is greater than the BEYONDFLATS Service Fee (Owner's fee) the difference, i.e. after deducting the Service Fee will be transferred to the Owner after 48 hours after the Resident has successfully moved in according to our Terms and Conditions.

BEYONDFLATS has the right to take the following actions due to a breach of our Terms and Conditions when there is a non-payment of outstanding rentals/fees/fees due.

6. Actions related to the Owners.

• Unpublish all of the Owner's properties.
• Deactivate, temporarily or permanently, the Owner's BEYONDFLATS account.
• Collect all monies due in relation to the outstanding Service Fee for the entire life of the Owner's bookings with BEYONDFLATS, not just from the month in which the mandate/consent was established with our third party payment provider Stripe.
• Claim county court judgments against the Owner or its business so that a court can formally decide whether the Owner owes the money. Judgment records are retained for 6 years unless the full amount outstanding is satisfied in a calendar month.
• Engage third party debt collection services to recover past/current debts owed to BEYONDFLATS.
• Any additional legal fees and/or debt recovery costs incurred by BEYONDFLATS will be added to your debt.
• Debt collectors and recovery service providers typically charge fees for their services, which will also be added to your debt.
• BEYONDFLATS reserves the right to withhold any payment/refund/guarantee in the future.

BEYONDFLATS may take legal action against any defaulting party, individual or entity, including its directors and/or shareholders who, if applicable, will be held personally liable for the amounts.

7. Actions related to Residents.

• Cancel all live Resident properties/future bookings.
• Deactivate, temporarily or permanently, the Resident's BEYONDFLATS account.
• Claim the Resident or his company to have a court formally decide whether the Resident owes the money.
• Use third party debt collection services to recover past or current debts owed to BEYONDFLATS.
• Any additional legal fees and/or debt collection costs incurred by BEYONDFLATS will be added to your debt.
• Debt collectors and recovery service providers typically charge fees for their services, which will also be added to your debt.
• BEYONDFLATS reserves the right to withhold any payment/refund/guarantee in the future.

BEYONDFLATS may take legal action against any defaulting party, individual or entity, including its directors and/or shareholders who, if applicable, will be held personally liable for the amounts.

7. ENTRY POLICY

Note:Please check if there is specific information applicable in your territory in Clause 10 "Applicable Local Regulation".

After the Owner accepts the booking and BEYONDFLATS has sent the booking confirmation to both the Resident and the Owner, BEYONDFLATS will provide the Resident with any further instructions regarding their entry into the Accommodation.

Policy applicable when the Resident moves to the Lodging.

The Resident, within 24 hours from the Check-In Date, may inform BEYONDFLATS of all Essential Deficiencies or Minor Deficiencies of the Accommodation, as well as report the inaccuracy of the Accommodation with respect to the characteristics indicated in the Advertisement, by sending an email to[email protected], and indicating the reservation number, attaching the necessary visual evidence (photos and/or videos) of the Deficiencies. Once BEYONDFLATS receives the request, the circumstances will be verified and evaluated and solutions will be sought.

Essential Deficiencieswill be considered those that involve uninhabitable conditions, a health hazard and/or substantial modifications that differ from the description in the advertisement. A major deficiency may include, but is not limited to, the following examples:

• Delivery of the wrong accommodation;
• Structural damage to the Lodging (i.e. cracked/cracked walls or roof; unsealed openings to the exterior; flood or fire damage);
• Contaminated water supply;
• Mold in the bedroom, living room or kitchen;
• Large-scale active infestation (bedbugs - not including other insects or arachnids; rodents).

Minor Deficiencieswill be considered those where the Resident encounters unexpected problems in or around the Accommodations that do not constitute uninhabitable conditions, a health hazard, or a substantial modification that differ from the description in the Advertisement. A Minor Deficiency may include, but is not limited to, the following examples:

• Problems in the vicinity of the Lodging (i.e. high noise levels from the street or neighboring apartments/buildings; maintenance problems in the surrounding building, including the lobby and stairway leading to the Lodging).
• Wear and tear (i.e. marks, small cracks or small holes in the wall, furniture wear, outdated but functional appliances).
• Missing or defective furnishings (i.e. advertised furniture or appliances not provided; defective washing machine, dishwasher, vacuum cleaner, air conditioner, oven, coffee maker (if provided); blown or missing light bulbs; unstable wifi (if pre-installed); temporary power outage or lack of hot water.
• Insufficient cleanliness (i.e. lack of cleanliness by current roommates; lack of cleanliness after departure of previous tenant; residual odors in the accommodation; minor presence of mold in the bathroom; Insect infestation (not including bed bugs).
• Contractual conditions not previously communicated (i.e. Payments higher than advertised; restrictions and/or additional charges at check-in and check-out times; restricted access to common areas of the Accommodation; restrictions on overnight guests; owner lives in the accommodation booked).

In the event that the BEYONDFLATS team considers that an Essential Deficiency does exist, the Resident will be entitled to cancel his/her reservation. BEYONDFLATS will provide the Resident, at its own discretion, with the following solution:

• BEYONDFLATS will show different Accommodations of similar characteristics that are available on the Platform at that time (if any), where the Resident will be able to accept or reject the Accommodation. In the event that the substitute Accommodation shown by BEYONDFLATS is lower than the price of the previous reservation, BEYONDFLATS will reimburse the Resident the difference between the new price and the price of the reservation.  
• In the event that no solution or alternative is found, BEYONDFLATS will reimburse the Resident the amount of money paid to date.

In the event that the BEYONDFLATS team considers that a Minor Deficiency does exist, the BEYONDFLATS maintenance team will come as soon as possible to initiate the pertinent actions to resolve said deficiencies, which should be resolved within a reasonable period of time as far as possible.  

In cases of Minor Deficiencies relating to insufficient cleanliness, missing or defective furnishings, or Contract Conditions not previously communicated , BEYONDFLATS will assess the extent of the problem and attempt to remedy to the extent possible, provided the condition/complaint is deemed reasonable.  

BEYONDFLATS, at its sole discretion, reserves the right to withhold payment of the amount paid to date for the duration of the assessment of a Minor or Significant Deficiency.   

For the avoidance of doubt, in the event that the Resident abandons the Accommodation and cancels the booking without providing BEYONDFLATS with sufficient evidence of the reported Deficiencies, thereby not allowing BEYONDFLATS to carry out its assessment and relevant action, the Resident may forfeit his Booking Fee plus the corresponding Value Added Tax (VAT) and the First Month's Rent; the latter will be transferred in full to the Owner.BEYONDFLATS will evaluate each case individually and will process such cancellation at its own discretion only after an evaluation has been completed.

In the event that BEYONDFLATS considers that there is no Significant Deficiency, nor Minor Deficiency, and the Resident cancels the reservation alleging unfounded reasons (at BEYONDFLATS' discretion), the Resident will lose his Reservation Fee plus the corresponding Value Added Tax (VAT) and the payment of the First Month's Rent; the latter will be transferred in full to the Owner. 

BEYONDFLATS will only transfer the First Payment to the Owner 48 hours after the Check-In Date (the one indicated on the reservation), provided that the Resident has not informed BEYONDFLATS of any Significant Deficiency or Minor Deficiency.

Also, for the avoidance of doubt, the Service Fee and the Reservation Fee must be paid in full and will not be refunded or reduced, in whole or in part, in the event that the Resident vacates the dwelling prior to the agreed termination of the tenancy.

Lease agreement signed between the Resident and BEYONDFLATS.

BEYONDFLATS represents the Owner in the signing of leases.

Any situation arising from the aforementioned Lease Agreement shall be resolved between the Resident and BEYONDFLATS, who, in turn, shall consult with the Owner on any relevant circumstances.

8. CANCELLATION POLICY FOR OWNERS

Note:Please check if there is specific information applicable in your territory in Clause 10 "Applicable Local Regulation".

In case the owner cancels the reservation after accepting the reservation request and before the check-in date:

BEYONDFLATS will charge the corresponding service fee to the Owner.

As for the Resident, BEYONDFLATS will refund the amount paid by the Resident in full and in no case will it be transferred to the Owner. Likewise, BEYONDFLATS will refund the Reservation fee to the Resident in full.  

Regarding the present cancellation policies, the only applicable exceptions will be those based on Force Majeure (Clause 18).

BEYONDFLATS reserves the right to reclaim any of the above amounts in the event that it is necessary to apply any of the above penalties, wherethe owner acknowledges and agrees that BEYONDFLATS will send a request for payment and will be obligated to pay such amounts to BEYONDFLATS.

Also, for the avoidance of doubt, the service fee must be paid in full and will not be refunded or reduced, in whole or in part, in the event that the Resident moves out of the property prior to the agreed termination of the lease.

9. CANCELLATION POLICY FOR RESIDENTS

BEYONDFLATS does not charge its tenants until the Owner has accepted the reservation, any Resident may cancel prior to this time without penalty.

Once the reservation request has been accepted by the Owner, please learn more about our flexible cancellation policy:

1) If the Resident cancels 60 days or more prior to the Entry Date the following terms will apply:

For the Resident: - 100% refund of the amount paid by the Resident. 50 will be charged as a service management fee, in addition to any applicable bank transaction fees.

For the Owner: - No transfer of the first payment to the Owner.

2) If the Resident cancels between 30 and 59 days prior to the Move-In Date, the following conditions will apply:

For the Resident: - 100% loss of the reservation (First month's rent and reservation fee). Refund of any additional amount that would have been paid, including any bank transaction costs.

For the Owner: - Transfer of 100% of the payment of the First Month's Rent to the Owner after deduction of the Service Fee to be charged by BEYONDFLATS plus VAT.

3) If the Resident cancels 29 days or less prior to the Move-In Date, the following terms will apply:

For the Resident: - 100% loss of the reservation (First month's rent and reservation fee). Forfeiture of any additional amount that would have been paid, including any bank transaction costs.

For the Owner: - Transfer of 100% of the Initial Payment to the Owner after deduction of the Service Fee to be charged by BEYONDFLATS plus VAT.

In the event that the Renter does not provide a valid direct debit mandate (for European Economic Area Renters) or a credit or debit card for non-European Economic Area Renters, as required in the selection process and in these conditions, BEYONDFLATS reserves the right to cancel the reservation and to apply the usual cancellation policies for Renters. The Lessee will be notified of such cancellation or rejection of the application by email and will not be able to claim any damage or loss from BEYONDFLATS arising from the cancellation.

10.APPLICABLE LOCAL REGULATIONS

Note:In the event of any conflict between this Clause 11 "Applicable Local Regulations" and any other clause of these Terms and Conditions, the provisions contained in this clause shall prevail.

APPLICABLE TO SPAIN

BEYONDFLATS E-Contract -

BEYONDFLATS uses a template of a standard seasonal or long-term rental agreement in digital format.

BEYONDFLATS states that by providing this template it is not providing legal advice of any kind. Users who access the template release BEYONDFLATS from any liability in connection with the use of the template.

11. PAYMENT OF RENT

Once the Rental Agreement or any other agreement reached between the Resident and the Owner - through BEYONDFLATS - has been signed, BEYONDFLATS will issue the charges to the Resident on a monthly basis (in the event that the reservation does not constitute a single payment).

Each month, BEYONDFLATS will make the corresponding payment to the Owner on or before the 7th of each month.

12. BILLING

Upon completion of the reservation, the corresponding simplified invoice will be sent to both the Owner and the Resident, and in the event that they so require, a detailed invoice will be sent to them with a breakdown of the corresponding Value Added Tax (VAT) or any other applicable tax.  

The parties agree that amounts owed by Owners or Residents to BEYONDFLATS may be deducted from amounts payable or transferred to them by BEYONDFLATS.

13. DAMAGE TO ACCOMMODATIONS

The Resident is responsible for maintaining the Lodging in the condition it was in when he/she moved into the Lodging. The Resident acknowledges and accepts that he/she is responsible for his/her own actions and omissions as well as those of any person he/she invites or allows access to the Accommodation. BEYONDFLATS shall not be liable in any case for any damage caused in the Accommodation.

14. TERMINATION AND CANCELLATION OF BEYONDFLATS ACCOUNTS

BEYONDFLATS, at its own discretion and without obligation to justify any cause, may restrict access to the Website, disable or cancel the Ads; all without incurring any liability whatsoever and without obligation of prior notice.

Owners may request BEYONDFLATS to remove the Ads of their Accommodations from the Platform by writing to:[email protected]. Please note that if the Ads are cancelled, BEYONDFLATS is under no obligation to transfer the content of the Ads to any Owner.

15. OPERATION OF THE APPRAISALS

At the end of your rental contract in a property managed through BEYONDFLATS, tenants will receive an email from BEYONDFLATS inviting them to make a valuation that will be published on our platform. BEYONDFLATS reserves the right not to publish or delete, without prior notice, the reviews/responses.

16. PRIVACY POLICY

All detailshttps://beyondflats.com/politica-de-privacidad.

17. APPLICABLE LAW AND DISPUTE RESOLUTION

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

Any dispute arising from this agreement shall be finally settled by arbitration administered by the Spanish Court of Arbitration, in accordance with its Rules and Regulations, which shall be entrusted with the administration of the arbitration and the appointment of the arbitrator or arbitrators. The seat of the arbitration shall be Barcelona.

18. FORCE MAJEURE AND GUARANTEES FOR BEYONDFLATS RESIDENTS

This section refers to how cancellations are handled when unforeseen circumstances and circumstances beyond the control of the parties arise after the reservation has been made and make it impracticable.

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

• Serious damage to housing.
• Changes in government travel requirements. Unexpected changes in visa or passport requirements imposed by a governmental decision preventing the User from traveling to the destination. For informational purposes, this section does not include lost or expired travel documents or other personal circumstances related to the User.
• Declared emergencies and epidemics. When a local or national emergency, epidemics, pandemics and public health emergencies are declared. For informational purposes, diseases that are endemic or commonly associated in a particular area are not included.

• Governmental Travel Restrictions. Travel restrictions imposed by a government agency that prevent or prohibit travel to, stay in, or return from the location where the Booking Request is made. For informational purposes, this does not include non-binding travel warnings and similar governmental guidance.
• Military actions. Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions and civil disorders. Natural disasters.
• Death of the User, of a first-degree relative or of a minor or incapacitated person when the tenant is the legal guardian.
• Acts of God and other severe and abnormal weather events that may occur. For informational purposes, weather or natural conditions common enough to be foreseeable in a particular area are not included.

Any of these circumstances must be specifically and individually evaluated by BEYONDFLATS' Agents. In the event that any of the Owners and/or Residents find themselves in any of these situations, BEYONDFLATS reserves the right to (i) request from the affected parties the relevant documentation that the BEYONDFLATS team deems necessary in each case and/or (ii) if applicable, directly authorize the cancellation of the reservation by the affected party without penalty.

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

In this section, cancellations are only allowed for the events and circumstances described above. Everything else is totally excluded. For information purposes, the following situations will not be covered:

• Unexpected illness, disease or injury.
• Governmental duties such as jury duty, court appearances or military duties.
• Travel advisories or other governmental guidance (short of a travel ban).
• Cancellation or rescheduling of an event for which a reservation was made.
• Transportation disruptions, such as road closures, as well as flight, train, bus and ferry cancellations.

Therefore, if a User cancels a reservation in the aforementioned cases, the amount refunded will be determined according to the cancellation policy that applies to the Reservation Request.

Protection.

BEYONDFLATS will return the security deposit to the Tenant or part of it (if the Landlord does not return it in full) provided that the Tenant has not incurred in any of the following situations:

a. The tenant is in arrears (full/partial) on the rent.

b. The tenant has fallen behind in the payment (full/partial) of utility bills.

c. The tenant has caused damage to the property (beyond ordinary wear and tear) or to the communal/common areas of the property.

d. The tenant abandons the property earlier than agreed without having given the advance notice agreed in the rental contract.

e. Any other breach of the lease by the Tenant other than those agreed to in the rental agreement signed between the Tenant and the Landlord.

What the tenant must do to be protected. Prerequisites.

• BEYONDFLATS will use the verification of the property (at the time of check-in and check-out of Residents), reviewing inventory and condition of things, to confirm the condition of the property and the Tenant's right to the return of the security deposit in case the Landlord does not return it alleging damage to the property.
• In accordance with BEYONDFLATS' General Terms and Conditions, Residents and Landlords acknowledge that BEYONDFLATS shall be the exclusive owner of all photographic material generated in the verification process. Neither the Landlord nor the Tenants are authorized to use such material for any purpose other than verification without written authorization from BEYONDFLATS.
• Proof that all required payments have been made to the Landlord, including supply invoices - ideally by bank transfer or credit card records.

BEYONDFLATS decision.

Based on the evidence provided by both parties (Landlord and Tenant) BEYONDFLATS will make the final decision as to whether or not the security deposit should be returned to the Tenant. The Tenant and the Landlord will accept BEYONDFLATS' final decision without the Tenant having the right to resort to the courts.

TERMS AND CONDITIONS OF SERVICE

For clarification purposes, it is hereby stated that under no circumstances shall BEYONDFLATS be considered the lessor or sublessee of the Premises, 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 BEYONDFLATS from any and all claims arising from the subject matter hereof. This condition is essential for the signing of this document.

THIRD. OBLIGATIONS OF THE CLIENT.

Beyondflats will be responsible for entering into a lease agreement with the Tenant. In accordance with these terms and conditions, all prospective Tenants shall remit rent payment by direct debit (i.e. SEPA or BACS), except for those Tenants who have no credit history within the European Economic Area (EEA), are not nationals of any EEA Member State and are not resident in the EEA at the time of application, selection or occupancy. These Tenants may pay with a non-EEA credit or debit card, with a 4% surcharge on the monthly rent. Any payment made with a credit or debit card from the EEA will also incur a 4% surcharge, the tenant will have the possibility to execute a direct debit mandate.  

By providing the credit or debit card or direct debit mandate, you are giving your consent to BEYONDFLATS to charge your card for future rent payments. The Tenant hereby acknowledges and agrees that all direct debit / debit card payments will be set up and processed in the first week of each month. The Tenant shall ensure that sufficient funds are available for payment of rent as of the 1st of each month and shall bear all costs or charges incurred due to insufficient funds or failed payments or disputes.

The Tenant hereby acknowledges and agrees that all direct debit/debit card payments will be set up and processed in the first week of each month. The Tenant shall ensure that sufficient funds are available for payment of rent as of the 1st of each month and shall bear all costs or charges incurred due to insufficient funds or failed payments or disputes.

The Tenant's Rent shall be due on the 1st of each month. If BEYONDFLATS does not receive the Rent by the 15th of the month, the Tenant shall pay a late payment penalty of (two hundred and fifty euros) €250 plus interest at a rate of 3% above the prime rate of the country in which the rented property is located, which will be charged monthly on the total amount in arrears for each outstanding month until receipt of payment is verified. The foregoing is without prejudice to BEYONDFLATS being able to take appropriate legal action in defense of its rights.

FOUR. PRICE.

BEYONDFLATS will charge the price of the service to the Owner by deducting said amount from the Renter's first month's reservation payment and paid to the Owner forty-eight (48) hours after the Renter's check-in. Each month, and from the second month of rental onwards, the rent paid by Renter and charged to Owner (deducting the marketing commission from the monthly installments), will be made on the first seven (7) working days of each month, every month from the check-in date to the check-out date.

SEVEN. EXTENSION, RENEWAL AND REDUCTION OF THE LEASE.

In the event that the Tenant (or Resident) decides to extend, renew or reduce the term of its lease, it must contact BEYONDFLATS to formalize such changes in an addendum to the lease, whenever possible, in order to extend or renew the terms. In the case of contract extensions or renewals, BEYONDFLATS may charge an additional service fee if applicable. Refer to "Frequently Asked Questions" on our website.

TENTH. ASSIGNMENT.

The parties expressly provide that the Customer shall be prohibited from assigning, in whole or in part, the rights and obligations under these conditions, without the prior written consent of BEYONDFLATS.

ELEVENTH. JURISDICTION.

These clauses shall be interpreted in accordance with Spanish law. Any differences that may arise from the fulfillment and interpretation of this document shall be subject to the jurisdiction of the Courts and Tribunals of the city of Madrid, with the express waiver of the parties to any other jurisdiction that may correspond.

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