PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS. THESE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS A CLAUSE THAT DETERMINES THE JURISDICTION AND AUTHORITIES ON MATTERS OF CONFLICT RESOLUTION, AS WELL AS THE APPLICABLE LEGISLATION.
BY ACCESSING, READING OR USING THE MATERIALS OR SERVICES ACCESSIBLE ON OR VIA THE "WEBSITE", THE USER DECLARES THAT HE/SHE ACKNOWLEDGES AND ACCEPTS THESE “TERMS AND CONDITIONS" AS BEING EQUIVALENT TO A SIGNED LEGALLY BINDING AND WRITTEN DOCUMENT.
The use of any website owned by SRM, of the Contents or Application, confers the status of User and implies full and unreserved acceptance, by the User, of the applicable Terms and Conditions each time the User accesses the Contents or Application.
SRM reserves the right to modify these Terms and Conditions at any time. Any changes made to these Terms and Conditions that may affect the rights of the User will be communicated on the Website. We suggest that you frequently review these Terms and Conditions, to be aware of their scope and of any changes that have been made.
By accessing the Website owned by SRM, following the publication of notice of such changes or updated versions, you agree to comply with the new terms. The User is aware that the access and use of the Website and/or the Contents is done under his/her sole and exclusive responsibility. Some services of the Website may be subject to specific 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 Applicable specific terms and conditions.
The access, registration, browsing, use, storage and/or downloading of materials and/or use of the services of any Website and/or Content of SRM by minors (under 18 years) is prohibited. The User, while accessing or using any Website and/or Content of SRM declares to be at least 18 years of age.
SRM provides an online platform for booking student accommodation. As such it provides booking services for both users (who are seeking accommodation for periods longer than one month) and accommodation providers (who wish to offer their accommodation to users).
These Services can be found on https://www.studentroomsinmadrid.com and other websites, applications for mobile and other devices, through which SRM offers its Services.
At law, if you are a consumer, you have certain rights to cancel your agreement with SRM to receive such booking services within a 14-day cooling off period following your agreement to these terms of service.
However, by using our services to book (if you are a user) or accept a booking of (if you are an accommodation provider) accommodation during such cooling off period, you are requesting us to provide our services and, as a result, you will cease to have a right to cancel, under consumer law, from the time such booking is made (please see Section 7 for further details of this). You will still retain your contractual rights to cancel, which are set out in Section 10.
Further, if you are using our services to book accommodation, you are likely to be required to pay a First Payment (as defined below) to your accommodation provider via SRM (who will receive it on behalf of the accommodation provider and then send it onto them). This First Payment is payable to your accommodation provider and therefore is only repayable in accordance with your contractual rights to cancel, which are set out in Section 10.
2. KEY TERMS
“Accommodation” means the residence, flat, house, lodging or room that the Accommodation Provider publishes on the SRM Website, in order that the User may make an online booking.
“Accommodation Provider” means the provider of Accommodation listed on the Website.
“Booking Accepted” means a request to book Accommodation that was accepted by the Accommodation Provider and paid by the User.
“Booking Fee” means that which is paid by the User to SRM when making a booking for the Accommodation via the Platform and after the booking has been confirmed by the Accommodation Provider. (See section on First Payment and Fees).
“Booking Request” means that made by the User to make a reservation for the Accommodation. This is done after completing the booking form. Both the Booking Request and the form are processed via email, along with all the requested information, by the Accommodation Provider receiving them. Also, the Booking Request contains the Check-in Date, the Check-out Date and the amount for the First Payment.
“Check-in Date” means the date in which the User indicates, at the time of making the booking, he/she will begin occupying the Accommodation.
“Check-out Date” means the date in which the User indicates, at the time of making the booking, he/she will vacate the Accommodation.
“Content” means text, graphics, images, music, software, audio, video, information and any other material published on the Platform.
“Contract Start Date” means the date when the commitment of a tenancy agreement starts. It can differ from the check-in date.
“First Payment” means that which is transferred by the User when making a booking for the Accommodation via the Platform and after the booking has been confirmed by the Accommodation Provider. (See section on First Payment and Fees).
“Platform / Website” means any of the domains through which SRM allows the Users to use or browse the Online Platform.
“Security Deposit” means the amount that the User has to pay to the Accommodation Provider to cover any damages that occur during his occupation of the Accommodation or any other breach by the User of the Tenancy Agreement. The deposit is refunded after check-out at the end of the Tenancy Agreement by the Accommodation Provider subject to deduction of any fee for damages. The Security Deposit is a matter between User and the Accommodation Provider and SRM is not involved in, and shall not be liable for the management of, any such deposits.
“Services” means the facilitation of bookings of Accommodation by Users with Accommodation Providers by means of the Website.
“Service Fee” means that previously agreed between a SRM representative and an Accommodation Provider, which is calculated as a percentage of the Total Contract Value. (See section on Fees).
“SRM Content” means all that which is provided by SRM via its Platform, and services, including any content authorized by a third party.
“Tax” or “Taxes” means the Value Added Tax (VAT) and any other applicable municipal, autonomous community or state tax.
“Tenancy Agreement” means the tenancy agreement, lease or license (whether or not formal and whether or not in writing) between the Accommodation Provider and the User in respect of the tenancy of the Accommodation to which SRM is not party.
“User” means any person who uses the Website owned by SRM.
“You” means the User, or Accommodation Provider (as applicable).
3. USE OF THE WEBSITE
The Website is an online platform enabling Users to browse, search and book Accommodation for a period longer than one month and enables Accommodation Providers to advertise Accommodation to Users.
SRM provides booking services to Users and Accommodation Providers, but it does not offer Accommodation to Users on its behalf. Any Tenancy Agreement shall be entered between the User and the Accommodation Provider directly. SRM will not be a party to such Tenancy Agreement and will have no rights or obligations arising out of it.
SRM’s responsibilities are limited to:
a) Providing the Platform, and services.
b) Withholding the First Payment transferred by the Users to SRM on behalf of the Accommodation Provider, once the Accommodation Provider has accepted the Booking Request, so that the First Payment may be transferred to the Accommodation Provider after deducting the Service Fee plus Value Added Tax (VAT). SRM will not receive any additional payments after the booking request has been confirmed by the Accommodation Provider and, from that moment, the Accommodation Provider is solely responsible for collecting rent payments, unless otherwise agreed between the Accommodation Provider and SRM.
4. ACCOMMODATION LISTINGS AND OTHER INFORMATION DISPLAYED ON THE WEBSITE
4.1 The Website contains information, images and prices of Accommodations.
4.2 SRM tries hard to ensure that all information published on the Website is clear, accurate, complete and not misleading. We also try to ensure that only Accommodations that meet certain standards of cleanliness, decor, building safety and finish, facilities and customer service are listed on the Website. However, as we do not provide the Accommodation, we cannot guarantee this.
4.3 SRM relies on Accommodation Providers to provide appropriate accurate information and to keep such information updated. We do not verify the accuracy or currency of any information uploaded or provided to us by Accommodation Providers unless we have expressly stated that we do. If you are an Accommodation Provider, you acknowledge and agree that you are solely responsible for the content of the information uploaded or provided to us in respect of any Accommodation offered on the Website.
4.4 If you are an Accommodation Provider, you must check the relevant listing information of any Accommodation offered by you on the Website including (but not limited to) its price, availability, and facilities before accepting any Booking Request sent to you via SRM.
4.5 If you are a User, you acknowledge and agree that we will have no liability in respect of any information uploaded to the Website or provided to us by an Accommodation Provider about the Accommodation and that your proper remedy in respect of any loss or damage you may suffer arising out of or in connection with the information displayed in respect of the Accommodation is against the relevant Accommodation Provider. If Accommodation has been verified by SRM, SRM shall be responsible for the accuracy of the verified information only. However, SRM shall not be liable for any changes to the Accommodation after its verification.
4.6 We reserve the right to remove without notice all or any part of any Accommodation listed on the Website in respect of which we receive a complaint (or otherwise conclude) that it is out of date, inaccurate or breaches the rights of a third party. We will use reasonable efforts to process and act on such complaints reasonably and promptly.
4.7 Users are advised to read any documentation carefully and ensure that they understand the cost of the Accommodation (i.e. the rent and any other costs) and the terms and duration of the Tenancy Agreement and any restrictions on the usage to which the Accommodation can be put.
The minimum booking period made via the Platform or Application is for one month (30 days), where the Accommodation Provider may specify a longer minimum period.
The Accommodation Provider will decide the type of Contract that will apply to the Accommodation.
5. FIRST PAYMENT AND FEES
When the User makes a booking that has been confirmed by the Accommodation Provider, he/she will make a transfer to SRM for the First Payment and the corresponding Booking Fee plus Value Added Tax (VAT), via the payment methods available on the Platform.
The First Payment is a contractual booking fee payable by the User to SRM, which will receive it on behalf of the Accommodation Provider and hold it on trust for the Accommodation Provider.
The amount of the First Payment will be the monthly rental price. Within two Business Days of the Check-In Date, unless otherwise agreed in writing with SRM, SRM shall pay to the Accommodation Provider, subject to deductions for the SRM Commission, the First Payment and the Deposit (if applicable).
SRM is not a member of any deposit protection scheme in respect of such First Payment and will not be holding any security deposit for the Accommodation Provider which they request from the User.
In any event, the Accommodation Provider will be the one to determine, at his/her own discretion, the price of the Accommodation.
The Accommodation Provider must ensure that a correct IBAN/BIC bank account is provided. SRM will transfer the First Payment to the bank account provided and is not liable if this bank account is not correct. SRM’s obligations towards the Accommodation Provider will cease to exist once SRM has transferred the First Payment to the bank account provided. Whether this bank account is correct or not is to remain the risk of the Accommodation provider and does not stand in the way of releasing SRM from its liabilities.
Discount or promotional codes will take effect only if they are used at the time of making the Booking Request or before the booking is confirmed by the Accommodation Provider, under no circumstances will the discount be applicable at a later time.
6. BOOKING AN ACCOMMODATION
6.1 The Accommodation Provider can accept or reject the Booking Request. If the Booking Request is rejected, SRM will promptly notify the User and will make reasonable efforts to suggest other suitable properties. SRM will retain the First Payment and the Booking Fee, along with the corresponding Value Added Tax (VAT) and forward an email to both the Accommodation Provider and the User confirming the booking and put both the Parties in contact with each another. From this moment, the Accommodation Provider will be responsible for providing all the necessary information for the User to access the Accommodation.
6.2 Once a booking has been confirmed, it is the User’s responsibility to:
(a) comply with any further requirements that the Accommodation Provider may have. This may include (but not be limited to) the provision of character references and/or guarantor information. This information can also be required by the Accommodation Provider before accepting the Booking Request, in such cases the User will be informed that such information will be required; and
(b) stay in the relevant Accommodation throughout the Term, comply with the Tenancy Agreement, and to make, promptly and in full, all payments to SRM and to the Accommodation Provider as may be required by these Terms of Service or the Tenancy Agreement, as the case may be.
6.3 The Accommodation Provider agrees that once it accepts a Booking Request and the User pays a booking is confirmed, and so the Accommodation Provider is bound to offer the relevant Accommodation for the dates, and at the price stated on the Booking Request and, further, that the property details, condition and facilities of the Accommodation are not materially different from those stated on the SRM listing. Failure to do so may result in complaints and cancellation by the User (who may be entitled to a full refund).
7. CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
7.1 Subject to clauses 7.3 and 7.4, if you are a consumer, you have a legal right to cancel your agreement with us to provide the Services at any time during the 14 days after you have first accepted these Terms of Service in accordance with the General Terms.
7.2 To cancel your agreement with us to provide the Services, you just need to let SRM know by email that you have decided to cancel. If you use this method, SRM will e-mail you to confirm it has received your cancellation.
7.3 If you make or accept a Booking Request within the 14 day cancellation period set out above, then you have requested SRM to provide its Services during such 14 day cancellation period and accordingly you will lose your statutory right to cancel your agreement with SRM to provide the Services once the Booking Request is accepted in accordance with Section Booking an Accommodation, at which point the Booking Fee (if applicable) will be payable in accordance with these Terms of Service. Your contractual rights to cancel, as set out in Section 10, will still apply.
7.4 In any event, cancellation of the agreement with SRM to provide the Services shall have no effect on any Tenancy Agreement that may have been or will be entered into.
7.5 Any payment that is paid by the User to SRM on behalf of the Accommodation Provider under, or in connection with, a Tenancy Agreement (including the First Payment) will be held on trust by SRM for the Accommodation Provider and will only be repaid to the User in accordance with Section 10.
8. TENANCY AGREEMENT
8.1 The Tenancy Agreement only comes into effect when the Accommodation Provider and the User agrees the terms for the occupation of the Accommodation. The Tenancy Agreement shall be entered between a User and an Accommodation Provider and for the avoidance of doubt, SRM shall not be a party to such agreement.
8.2 SRM shall not be responsible or liable for any failure or deficiency in the performance of the Tenancy Agreement by the Accommodation Provider and/or for any defect in any Accommodation provided by the Accommodation Provider.
8.3 SRM shall not be responsible or liable for any failure or deficiency in performance of any contract by the User, including, but not limited to, changes in Check-In Date and/or Check-out dates. The Accommodation Provider has the mechanisms to enforce any pre-agreed details (including Check-In Date and Check-out dates) with the User and thus, no additional payment or refund shall be or ever become due from SRM to the Accommodation Provider.
On the date set out in the relevant Booking Confirmation, the User will move into the Accommodation. All Future Payments will be made directly to the Accommodation Provider. The listing for the Accommodation sets out what the Future Payments constitute. For any further clarification, the user should contact the Accommodation Provider.
10. CANCELLATION POLICY
10.1 FOR ACCOMMODATION PROVIDERS
In the event that the booking had been approved by the Accommodation Provider, and where the User and the Accommodation Provider, have signed a Tenancy Agreement, in any of its forms, the cancellation policies will be those included under the aforementioned Agreement, of which SRM is not party to.
In the event that the Accommodation Provider, cancels the booking before the Check-in Date or before the Accommodation Provider, and the User have signed a Tenancy Agreement, the User will be refunded with the corresponding First Payment. With regards to the Booking Fee:
a) In the event that the Accommodation Provider cancels the booking with 7 days’ notice or longer, with regards to the Check-in Date, SRM will not charge any Fees to the Accommodation Provider.
b) If the Accommodation Provider cancels the booking with between 1 and 6 days' notice before to the Check-in Date, he/she shall pay SRM the amount equivalent to 25% of the First Payment.
SRM reserves the right to claim for any of the foregoing amounts in the event of it being necessary to apply any of the aforementioned penalties, where the Accommodation Provider acknowledges and agrees that SRM will send a request for payment and that he/she will be obliged to pay such amounts to SRM.
10.2 FORS USERS WITH A CONFIRMED BOOKING
In addition to and subject to the User’s rights to cancel under clause 7, a User may also cancel the booking in accordance with the cancellation policy chosen by the Accommodation Provider and as set out below.
All Accommodation Providers have the right to set their own Cancellation Policies and must be displayed in the Description of every property. SRM shall review these policies and confirm that they are reasonable and in accordance to Law.
In the event the Accommodation Provider does not display its own Cancellation Policies, the “Standard Cancellation Policy” will be applied by default. The Accommodation Provider gives SRM irrevocable authority to commit the Accommodation Provider to the selected (or default) cancellation policy, to process (and if necessary refund) any First Payment, and apply SRM’ Commission, in the manner set out below.
Standard: When the User cancels the booking:
a) 30 days or less before the Check-in Date, SRM will not refund the User for any amount and will transfer the First Payment to the Accommodation Provider.
b) Between 31 and 60 days before the Check-in Date, SRM will refund the User for 50% of the First Payment and the remaining 50% will be transferred to the Accommodation Provider.
c) 61 days or more before the Check-in Date, SRM will refund the User for 100% of the First Payment.
With respect to Section 10.2.(a), the Accommodation Provider shall, in case of cancellation, receive the First Payment that is left after the SRM Commission has been deducted and with respect to Section 10.2.(b) the Accommodation Provider shall, in case of cancellation, receive 50% of the First Payment that is left after SRM’ Commission has been deducted.
10.3 For the avoidance of doubt, if a booking is canceled by a User in accordance with this Section 10, SRM will not refund the Booking Fee.
Refunds can only be sent back to the original payment method used in a charge. It is not possible to send a refund to a different destination (e.g., another card or bank account).
11. RENT PAYMENTS
After the Tenancy Agreement, or any other Agreement entered into between the User and the Accommodation Provider, has been signed, it is the sole responsibility of the Accommodation Provider to collect rent payments from the User. SRM shall not be held liable, in any manner, for the collection of rent payments or for any outstanding payment that may arise.
12. RELEASE FROM LIABILITY
After 48 hours have elapsed following the User’s Check -in Date for the Accommodation and where SRM has transferred the First Payment to the Accommodation Provider, all legal and any other type of relationship between SRM and the User and between SRM and the Accommodation Provider shall expire with regards to the booking. SRM shall not be held liable, for any reason, for any event arising from the subsequent relationship between the Accommodation Provider and the User.
Once the booking has been finalized, the corresponding simplified invoice will be sent to both the Accommodation Provider and the User and, in the event should it be requested, a detailed invoice will be sent with a breakdown of the corresponding Value Added Tax (VAT) or any other applicable tax, depending on the country or place of the transaction.
14. DAMAGE TO THE ACCOMMODATION
The User is responsible for maintaining the Accommodation in the same condition when he/she arrived at the Accommodation. The User and the Accommodation Provider acknowledge and accept that they are responsible for their own acts or omissions, as well as those of anyone who has been invited or granted access to the Accommodation. SRM will not be held liable, for any event, where damage have been caused to the Accommodation, where such liability shall be resolved between Accommodation Provider and User.
15. TERMINATION AND CLOSING OF SRM ACCOUNTS
SRM, at its sole discretion and without the need to substantiate the reasons, may restrict access to the Website, disable or cancel Accommodation Ads, all without it being held liable and without the obligation to provide prior notice.
Accommodation Providers may request that SRM remove their own Accommodation Ads for their Accommodation from the Platform, by writing to: email@example.com. Please note that if the Accommodation Ads are removed, SRM is not obliged to transfer the content of the Accommodation Ads to any Accommodation Provider.
By downloading and/or using the Website and/or material provided through the Website, you consent to receiving electronic communications and notices from SRM. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You have the right to ask us not to process your personal data for such marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at: firstname.lastname@example.org.
Whilst we have implemented commercially reasonable technical and organizational measures to secure your personal information and user content from unauthorized use, we cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and user content at your own risk.
17. APPLICABLE LEGISLATION AND CONFLICT RESOLUTION
17.1 SRM and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website. The Website is protected by Spain and International copyright and other intellectual property laws.
17.2 Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without SRM’ prior express written consent.
17.3 We grant you a royalty free, non-exclusive, non-transferable, revocable, worldwide license to use our intellectual property rights in the Services and the Website solely to the extent necessary to allow you to participate in the Service. Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. SRM reserves the right to terminate the limited license without notice at any time following an unauthorized use by you of the Website.
17.4 You agree that SRM owns the copyright for any content, that it creates and publishes on its Website and you must not sell, export, license, modify, copy, distribute or transmit this content to any third party.
17.5 You grant SRM a royalty free, non-exclusive, non-transferable, irrevocable, worldwide licence to use your intellectual property rights solely to the extent necessary to allow SRM to provide the Services to you. For clarity, such use might include such matters as displaying your name and logo next to an Accommodation listing or providing a link to your website.
17.6 Additionally, you grant us a royalty free, non-exclusive, non-transferable, irrevocable during the term of this Agreement, worldwide license to use your intellectual property rights in your name, logo and brand get-up (your “Brand”) for the purposes of promoting the Service by means of referring on the Website and in our public statements and publicity material to the fact of your participation in the Service, provided that in doing so we use reasonable efforts to ensure that we do not do anything which damages the goodwill in your Brand.
17.7. You shall reimburse us on demand in respect of any costs, damages or expenses that might arise as a result of, or in connection with, any alleged or actual infringement of any third party's intellectual property or other rights, arising out of SRM’ use of information submitted by you on the Website.
18. APPLICABLE LEGISLATION AND CONFLICT RESOLUTION
These Terms and Conditions shall be interpreted in accordance with Spanish law.
Any dispute arising from this Agreement will be resolved by arbitration, being final and binding, and administered by the Spanish Court of Arbitration, in accordance with its Regulations and Rules, which is entrusted with administering the arbitration procedures and the appointment of the arbitrator or arbitrators. The seat of arbitration will be Madrid.