TERMS AND CONDITIONS OF USE

(According to article 10 of the LSSI - CE)

By registering on Roomaways.com and using the accommodation services, or property listings, you agree to the stated Terms and Conditions of Use.

THE TERMS AND CONDITIONS APPLICABLE TO THE USER CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN THE USER AND ROOMAWAYS. BY ACCESSING, VIEWING OR USING THE MATERIALS OR SERVICES ACCESSIBLE ON OR THROUGH THE "WEBSITE" OR APPLICATIONS, THE USER SIGNIFIES THAT YOU UNDERSTAND AND ACCEPT THESE "TERMS AND CONDITIONS" AS THE LEGAL EQUIVALENT OF A DOCUMENT SIGNED IN WRITING AND BINDING."

Terms of use:

Please read this document carefully. It contains important information about your rights and obligations. Specifically, it contains the following information:

- Exclusion and limitation of liability (in clause 21), which together limit our responsibilities to users and hosting providers.

- A return clause according to which users (clause 12.10) agree to reimburse Roomaways S.L in certain circumstances.

- A liability exemption clause (clause 22) according to which accommodation providers, as companies, must exempt Roomaways, S.L from liability in certain circumstances.

1. APPLICABLE CONDITIONS.

The use of the website owned by ROOMAWAYS, the contents, the Application and/or the Services attributes the condition of User and implies the full acceptance without reservation by the User of the Terms and Conditions in force at each moment in which the User accesses them.

ROOMAWAYS reserves the right to modify these Terms and Conditions at any time that may affect the rights of the User and will be communicated on the Website, in the Application or by email.

ROOMAWAYS reserves the right to restrict access or eliminate any User for any reason and without prior notice, additionally in the event that it is suspected that the User is not complying with any point of these Terms and Conditions, it may restrict access or eliminate the User without the User having the right to receive any type of compensation, likewise, ROOMAWAYS will not incur any economic penalty or loss for it, valid for the Owner or Resident User.

Neither the Owner, nor the Tenant, Resident, as parties to the present or future lease, will be entitled to any type of compensation.

Access, registration, browsing, use, hosting or service of the website and/or content by minors (under 18 years of age) is prohibited. The User, when accessing the Website, guarantees that he or she is of legal age and has sufficient capacity to formalize a legally binding contract, recognizing the right of ROOMAWAYS to withhold any payment made for the provision of services, as a consequence of the breach of these Terms and Conditions. In any case, it will be the responsibility of the users to verify that they are qualified to legally formalize a contract at the address where the Accommodation is located.

2. TERMS.

Roomaways Content - everything that ROOMAWAYS enables through its Website, Platform, Application and services, including here any content authorized by a third party.

Content - the text, graphics, images, music, software, audio, video, information or other materials included in the Web or Application.

Platform/Website - domain owned by ROOMAWAYS, under which Users are allowed to use or browse the online platform.

Application - Application owned by ROOMAWAYS, available for mobile devices that allows Users to enjoy the same services provided by the Website.

User - any person who uses the Website or the Application owned by ROOMAWAYS.

Tenant, Resident - person who requests an accommodation reservation through the Web/Platform or Application or the services and/or who stays in an Accommodation and is not the Owner of said Accommodation.

Owner - the one who has agreed to publish an Accommodation Ad on the Platform/Website with the ROOMAWAYS team so that the Tenant, Resident can reserve it through it. The owners can be individuals or legal entities, as well as any other entity that is the owner or has sufficient title to rent on their behalf or on behalf of third parties accommodation intended for rental for medium or long-term periods. In the event that the Owner is a legal person, the natural person who makes use of the services of ROOMAWAYS, will be the one who accepts these Terms and Conditions on behalf of the Owner and declares to have sufficient capacity to be bound to comply with their obligations to their Name.

You - the User, tenant, Resident or Owner (as applicable or directed).

Advertisement - Accommodation published by the ROOMAWAYS team agreed between it and the Owner in order to make it available for reservation through the Platform.

Accommodation - any dwelling, flat, house, stay or room that the Owner announces through the ROOMSAWAYS Website/Platform so that the Tenant, Resident can reserve it online.

Reservation or Service Request - that made by the Tenant, Resident, to reserve the Accommodation. It is done by "clicking" on the "Reserve" button, it will indicate additional reservation information about the Accommodation and proceed to check-out by completing the reservation form. This Reservation Request and the form are processed in the form of an email including all the information requested by the Owner who will receive it. Likewise, the Reservation Request contains the Arrival Date, the Departure Date and the amount of the Initial Payment.

#types_of_contract

Rental Agreement - the private lease agreement signed by the Owner (as lessor) and by the Tenant, Resident (as lessee), to which ROOMAWAYS is not a party.

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

Move-in date - initial date (first day) on which the Tenant, Resident indicates that they will move into the Accommodation (indication of the owner)

Check-out date - the final date (last day) on which the Tenant, Resident indicates that he/she is leaving the Accommodation. (owner indication)

Initial payment - First monthly, fortnightly or weekly payment, plus the corresponding Reservation Fee.

Service Fee - that paid by the Owner to ROOMAWAYS for the services provided, Value Added Tax (VAT) included.

Reservation Fee - the one paid by the Tenant, Resident to ROOMAWAYS when making the Reservation, Value Added Tax (VAT) included.

Total price of the stay - Sum of the initial payment and the months, fortnights, weeks or days contracted.

Breakdown by months - The initial payment and the months, fortnights, weeks or days contracted are reported.

Total of the stay - number of days contracted for the Accommodation.

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

First monthly payment - number of days equivalent to a month (30 days)

Deposit Deposit - Amount requested from the Tenant, Resident by the Owner upon arrival at the Accommodation to cover possible damage to the home.

3. ROOMAWAYS RATES - OWNER/RENTER

About the minimum stay and prices:

The price of the accommodation is calculated according to the stay determined by the Tenant:

 *Short stays: (= or less than one month)

The Service Fee applied to the Owner for this type of stay will be 19% (VAT included) of the Total amount of the stay.

The Reservation Fee applied to the Tenant, Resident for this type of stay will be 19% (VAT included) of the Total amount of the stay.

* The owner will mark the weekly price and fortnight price.

* Week - a week will be understood as entries where the total number of nights is up to 7 nights.

* Fortnight -  will be understood as fortnight entries where the total number of nights is up to 15 nights.

* A natural month will be understood as monthly (30 days), encompassing all months of the year, regardless of whether they have 28, 29, 30, or 31 days

* Long stays (greater than 30 nights).

The Service Fee applied to the Owner for this type of stay will be 19% (VAT included) of the total amount of the First Monthly Payment.

The Reservation Fee applied to the Tenant/Resident for this type of stay will be 19% (VAT included) of the total amount of the First Monthly Payment.

Long stays, forms of payment:

a) We have a full natural month or more. The first full month is paid upfront, followed by the subsequent full months. Finally, any extra individual days from the last month are paid at the price stipulated in the contract type chosen by the owner.

If there are single days prior to the full month (calendar) they are paid at the entrance and calculated per month/30 price. (day price)

b) If there are individual days prior to the full (natural) month, they are paid upon entry and calculated at the price stipulated in the contract type chosen by the owner.

4. OPERATION OF THE WEB, PLATFORM, APPLICATION AND SERVICES.

These are used to facilitate the reservation of Accommodation by Tenants, Residents for medium or long-term stays.

These Accommodations are advertised on the Platform or Application by the ROOMAWAYS team at the request and with the approval of the Owners, making the necessary technology available for this purpose. ROOMAWAYS IS NOT AN OWNER, MANAGER OR REAL ESTATE AGENT, AND ROOMAWAYS DOES NOT OWN, SELL, RESELL, FURNISH, RENT, SUBLET, MANAGE, OR CONTROL THE PROPERTIES IN ANY WAY.

ROOMAWAYS responsibilities are limited to:

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

b) Once the reservation is accepted by the Owner, the Initial Payment that ROOMAWAYS charges the Resident Tenant (the first monthly payment + the Reservation Fee) will be accepted by the Owner and by the Resident Tenant. ROOMAWAYS will not receive additional payments after confirmation of the reservation by the Owner. The Owner is solely responsible for collecting the rent for the Accommodation from the moment in which the reservation is accepted and after ROOMAWAYS has received the payment of the corresponding fees by the Owner and Tenant, Resident.

5. RESERVATION PROCEDURE

The Tenant, Resident, when selecting the Accommodation they wish to reserve, must complete the information requested by ROOMAWAYS through the Platform or Application. In the event that the reservation is accepted by the Owner, ROOMAWAYS will provide detailed information about the amount of the Rates (see section Rates - Terms and Conditions) that the Tenant, Resident authorizes to be charged by ROOMAWAYS, through the payment methods available on the Platform or Application.

*After this reservation, you should know that ROOMAWAYS is not part of the accommodation contract and that you have to sign it with the Owner of the house, not being part of it or assuming any responsibility regarding its execution and development. Notwithstanding the foregoing, ROOMAWAYS is authorized by the Owner to receive charges from you (Tenant, Resident) in order to accept and process the reservation.

Once this information is completed, the Tenant, Resident will automatically receive an email with the summary of their reservation, which will be given a reference number. Next, ROOMAWAYS will send a reservation request to the Owner, who will have 24 calendar hours to accept or reject the reservation. If after these 24 calendar hours, ROOMAWAYS has not received a response from the Owner, ROOMAWAYS will consider the reservation request rejected.

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

a) Data referring to the Tenant, Resident: age (date of birth), sex, nationality, university or study center, passport or DNI.

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

If the Owner accepts the reservation requested by the Tenant, Resident, ROOMAWAYS will send an email to both the Owner and the Tenant, Resident confirming said reservation and putting the parties in contact. From this moment on, it is the responsibility of the Owner to provide all the necessary information to the Tenant, Resident for their entry into the Accommodation. (See Entry Policies)

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

ROOMAWAYS assumes no responsibility for the breach of applicable laws, rules and regulations by the Owner. ROOMAWAYS reserves the right, at any time and without notice, to remove the posting or disable access to any Listing for any reason, including those Listings that ROOMAWAYS, in its sole discretion, deems objectionable for any reason.

Both Owner and Tenant, Resident, understand and agree that ROOMAWAYS is in no way acting as an agent of any kind for Owner.

Regardless of the aforementioned, ROOMAWAYS acts as an intermediary authorized by the Owner to exclusively accept and receive from the Tenant, Resident, the Initial Payment of the Accommodation reserved for the first month plus its corresponding Reservation Fee with the Value Added Tax (VAT) included.

And thus, to be able to subsequently invoice the owner of the Accommodation, the Service Fee and its corresponding Value Added Tax (VAT).

-“Reservation Fee” is a percentage of the Initial Payment of the Accommodation plus the Value Added Tax (VAT) that ROOMAWAYS will charge the Tenant, Resident for the services provided.

-“Total Value of the Contract” is the total price for the reserved rental that 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 payment of the first monthly payment that ROOMAWAYS will charge the Owner for the services provided with its corresponding Value Added Tax (VAT)

By using the Platform, the Application or the services, you accept that any legal action or claim that is intended as a result of the actions or omissions by Owners, Tenants, Residents or third parties causing the damage will be directed exclusively against them, waiving file any legal action or claim against ROOMAWAYS with respect to said actions or omissions.

ROOMAWAYS recommends that Owners obtain appropriate insurance for their Accommodations.

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

ROOMAWAYS is a Platform that allows you to make reservations for Accommodations online and, as such, does not provide any control service over the Accommodations nor does it hold keys to them.

6. RESERVATIONS / DEADLINES AND / OR PAYMENT METHODS

1.The Tenant, Resident, once the Reservation Request has been made, will be awaiting acceptance by the Owner during the following 24 hours.

2.Once acceptance by the Owner has occurred, ROOMAWAYS will inform the Tenant, Resident to proceed with the payment of the Reservation Fee through one of the channels offered by this platform. This payment corresponds to the first month, fortnight or week.

It will be ROOMAWAYS who automatically puts both parties in contact through an email providing the corresponding data.

3. In the event that the Owner has not accepted the Reservation Request within the 24-hour period indicated in point 1, the Reservation Request will be understood as cancelled, informing the Tenant and Owner.

4. In the case, in which the Tenant, Resident cancels the Reservation Request before the Owner accepts it, it will be understood as cancelled, informing the Tenant and Owner.

5. In the event that the Tenant, Resident cancels the Reservation Request after acceptance by the Owner, and before making the payment, the Owner will be informed and it will be cancelled.

6. The Owner understands and accepts that once the Tenant, Resident reserves the Accommodation, the price of this reservation cannot be altered.

7. ENTRY POLICY

Once the Owner accepts the reservation and ROOMAWAYS has sent the reservation confirmation to both the Tenant, Resident and the Owner, including the contact information of both parties, it is the responsibility of the Owner to provide any additional instructions to the Tenant, Resident regarding their entrance to the accommodation.

The Owner must guarantee that the Accommodation reserved by the Tenant, Resident, is in the expected and reasonable conditions in terms of habitability and that the characteristics published in the Accommodation Announcement have been maintained, as well as the terms related to the price.

Applicable Policy - Tenant, Resident moves into Accommodation.

The Tenant, Resident, within 24 hours following the Date of Entry into the Accommodation can inform ROOMAWAYS of all the same, as well as warn of the inaccuracy of the Accommodation in relation to the characteristics indicated in the Advertisement by sending an email to info@roomaways.com, indicating the ID of the reservation, adding the Owner in a copy in the email and obligatorily attaching visual evidence (photos and/or videos) of the Essential Deficiencies. Once the ROOMAWAYS team receives the email, at its own discretion, it will verify and assess the circumstances.

Essential Deficiencies will be considered those that imply uninhabitable conditions, a health risk and/or those substantial modifications that differ from the description of the Listing.

In the event that the ROOMAWAYS team considers that there is an Essential Deficiency, the Owner will be given a period of 36 hours to start resolving such deficiencies, which must be resolved within a reasonable time.

If the Owner does not solve the deficiencies in a reasonable time, he will be in breach of these Terms and Conditions, which will entitle the Tenant, Resident to cancel his reservation, for which the Owner´s Cancellation Policies for Owners will apply (See Policy of Cancellation for Owners) and ROOMAWAYS will give the Tenant, Resident one of the following solutions of their choice:

-The ROOMAWAYS team will be in charge of searching for an Accommodation with similar characteristics, and the Tenant, Resident may accept or reject it. This possibility will be conditional on ROOMAWAYS having Accommodations with similar characteristics. In the event that the new Accommodation offered by ROOMAWAYS is at a lower price than the one previously reserved, ROOMAWAYS will pay the Tenant, Resident, the proportional difference paid in the reservation.

-The ROOMAWAYS team will refund the Tenant, Resident, the Reservation Fee and its corresponding Value Added Tax (VAT) plus the Initial Payment.

In the event that the ROOMAWAYS team considers that there is no Essential Deficiency and the Tenant, Resident cancels for unfounded reasons (at the discretion of ROOMAWAYS), the Tenant, Resident, will lose the Reservation Fee and its corresponding Value Tax. Added (VAT) and the Initial Payment, the latter being fully transferred to the Owner.

ROOMAWAYS will transfer the first monthly payment advanced by the Tenant, Resident (discounted their Service Fee) to the Owner after 48 hours have elapsed from the Entry Date (the one indicated in the reservation) as long as the Tenant, Resident has not informed ROOMAWAYS of No Essential Deficiency.

The Tenant, Resident, upon arrival at the Accommodation, must pay the Owner the Security Deposit, if requested, and the individual days prior to the first calendar month paid.

8. LEASE AGREEMENT SIGNED BETWEEN THE TENANT, RESIDENT AND OWNER.

ROOMAWAYS is not a party to the lease. This contract will be signed only by the Tenant, Resident and the Owner, therefore, ROOMAWAYS has no legal responsibility or of any kind in the event of any type of conflict, disagreement or claim. Any circumstance derived from the aforementioned Lease Agreement must be settled between the Tenant, Resident and the Owner. Likewise, ROOMAWAYS will not be a party to any negotiation regarding any bond or guarantee required by the Owner to the Tenant, Resident reflected in the Lease Agreement or in any other type of agreement, nor will it mediate in any way in any dispute arising as a result of the same.

ROOMAWAYS advises both the Tenant, Resident and Owner to carefully read the rental contract, or any other agreement they reach, as it will be the document that will govern the relationship between them. ROOMAWAYS will make available to the Owner, as a suggestion, a contract model that can be used in order to avoid any controversy of those mentioned above. It will be considered a service provided and free for the Owner.

As services provided are those offered by ROOMAWAYS through its web portal or Application, putting the Owner and Tenant, Resident in contact.

a) When the Tenant, Resident has made a Reservation Request and when the Owner has approved said Reservation Request.

b) When the Owner has approved the Reservation Request made by the Resident.

AS EXPLAINED ABOVE, THE USER UNDERSTAND, ACCEPT AND ACKNOWLEDGE THAT THEY WILL HAVE LOST THEIR RIGHT OF WITHDRAWAL.

9. CANCELLATION POLICY FOR OWNERS.

a) In the event that the owner cancels the reservation after accepting the reservation request and before the date of entry:

ROOMAWAYS will charge the corresponding Service Fee to the Owner.

As for the Tenant, Resident ROOMAWAYS will return the first payment to the Tenant, Resident in full. Likewise, ROOMAWAYS will return the Reservation Fee to the Tenant, Resident in its entirety.

b) In case the owner cancels the reservation within the first 48 hours after the date of entry:

ROOMAWAYS will charge the corresponding Service Fee to the Owner. And additionally, the owner will pay a penalty of 300 euros to cover the emergency accommodation of the displaced inhabitant.

As for the Tenant, Resident, ROOMAWAYS will return the first payment in full and the Reservation Fee in full.

Regarding these Cancellation Policies, the only applicable exceptions will be those based on Force Majeure (Clause 20). See Force majeure causes.

*In the event that the Tenant, Resident, moves or leaves the Accommodation prior to the termination agreed in the Lease Agreement, the Service Fee will not be refunded or reduced, in whole or in part.

10. CANCELLATION POLICY FOR TENANTS, RESIDENTS.

a) If the Tenant, Resident requests or cancels the reservation, before confirmation by the owner, it will be understood as "cancelled".

b) If the Tenant, Resident requests or makes the cancellation when the reservation has already been accepted by the Owner and before the date of entry, check in, the following policy will apply:

b.1 - Cancellation before 60 days of entry.

The Tenant, Resident, is returned the money corresponding to the monthly payment, less the Reservation Fee. (Point 1. Terms and/or Payment Methods)

b.2 - Cancellation between 60 and 30 days for entry.

The Tenant, Resident, is returned half of the first monthly payment and loses the Reservation Fee.

b.3 - Cancellation before 30 days for entry.

No refund is made.