STUDENT BOOKING LIMITED TERMS AND CONDITIONS (21.05.2018)
Scope of Student Booking Limited Services
Please read these Terms of conditions carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the StudentsBooking.com Platform, you agree to comply with and be bound by these Terms of Service. These terms include various limitations and exclusions, as well as a clause that determines the jurisdiction and authorises on matters of conflict resolution, as well as a clause that applicable legislation. By accessing, reading or using the materials or services accessible on or via website or other webpages or applications, the user declares that he/she acknowledges and accepts these terms and conditions as being equivalent to a signed legally binding and written document. Student Booking Limited 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 or application
When these Terms mention “Student Booking Limited,” “we,” “us,” or “our,” it refers to the Student Booking Limited company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your Student Booking Limited Account as determined by either your express selection or by Student Booking Limited’s assessment of your residence using various data attributes associated with your Student Booking Limited Account.
We suggest that you frequently review these Terms and Conditions, so as to be aware of their scope and of any changes that have been made. By accessing the Websites or Application owned Student Booking Limited, 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 or the Student Booking Limited Application 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 Student Booking Limited by minors (under 18 years) is prohibited. The User, while accessing or using any Website and/or Content of Student Booking Limited declares to be at least 18 years of age.
Student Booking Limited offers an Online Platform that connects Accommodation Owners or managers (hereinafter “Owner/s”) with Residents (as defined below), who wish to reserve such Accommodation for periods longer than one month (hereinafter, jointly,Services). These Services can be found on www.studentsbooking.com comand other websites, applications for mobile and other devices, through which Student Booking Limited offers its Services. Student Booking Limited does not offer touristic Accommodation not renting daily.
2.) Key Terms (About these Terms of Services)
“Student Booking Limited Content”means all that which is provided by Student Booking Limited via its Platform, Application and services, including any content authorised by a third party.
“Content” means Photos,text, graphics, images, music, software, audio, video,codes, information and any other material published on the Platform or Application.
“Platform / Website”means any of the domains through which StudentsBooking.com allows the Users to use or browse the Online Platform.
”Application”means any Application available for mobile devices allowing Users to gain access to the services available through the Website.
“User (Student)”means any person who uses the Website or Application owned by Student Booking Limited.
“Tenant(Student)”means the person requesting a reservation for the Accommodation via the Platform, Application or services and/or who is residing at an Accommodation and who is not the Owner of the same Accommodation.
“Owner (Host)”means the person or entity that has entered into an Agreement with Student Booking Limited to publish an Advertisement for the Accommodation on the Platform, in order that a Resident may make a reservation for the Accommodation via the Platform. Owners may be either individuals or legal entities, or any other entity that is the owner or manager to enter into a Lease Agreement for the Accommodation on their own behalf or for a third party for a lease period exceeding one month.
“You”means the User, Tenant (Student) or Owner (as appropriate).
“Advertisement” means the publishing of the Accommodation by the Student Booking Limited staff, by Agreement between the Student Booking Limited staff and the Owner, in order that it be made available for reservation on the Platform.
“Accommodation”means the residence, flat, house, lodging or room that the Owner publishes on the StudentsBooking.com Website, in order that the Resident may make an online reservation.
“Tenancy Agreement”means the Private Lease Agreement signed by the Owner (as the lessor) and by the Resident (as the lessee), to which Student Booking Limited is not party.
“Move-in Date”means the date in which the Resident indicates, at the time of making the reservation, he/she will begin occupying the Accommodation.
“Move-out Date” means the date in which the Resident indicates, at the time of making the reservation, he/she will vacate the Accommodation.
“ Instant Booking (Book now)” mean you don`t have to wait owner confirmation, it is available date you choose it, owner-host acceptance date availability, it is more faster booking reservation, you can save time.
“Payment Secure Code”: Tenant(Student) have control approve their safe and right place, you will recived verified paypal secure code until you cheak it home signed contarct you haved same room you can give payment code owner or host payment will be transfare 2-5 days owner bank account.
“Reservation Fee”means that which is paid by the Tenant (Student) to Student Booking Limited when making a reservation for the Accommodation via the Platform or Application and after the reservation has been confirmed by the Owner. (See section on Fees)
“First Payment” means that which is transferred by the Tenant (Student) when making a reservation for the Accommodation via the Platform or Application and after the reservation has been confirmed by the Owner. (See section on Fees)
“Service Fee” means that previously agreed between a Student Booking Limited salesperson and an Owner, which is calculated as a percentage of the Total Contract Value. (See section on Fees)
“Reservation Request” means that made by the Resident to make a reservation for the Accommodation. This is done when clicking on the “Book Now" button and after completing the reservation form. Both the Reservation Request and the form are processed via email, along with all the requested information, by the Owner receiving them. Also, the Reservation Request contains the Move-in Date, the Move-out Date and the amount for the First Payment.
“Tax” or “Taxes” means the Value Added Tax (VAT) and any other applicable municipal, autonomous community or state tax.
Using the Student Booking Platform and Member Vertification
The Platform Website and Application are used by the Tenants(Student) to make a reservation for Accommodation arrangements that are for a period longer than one month. Accommodation is published on the Platform or Application by the Student Booking Limited staff upon the request and approval of the Owners, through the use of the technology required for this purpose.Student Booking Limited is not owner, manager or real estate agent and Student Booking Limited does not prossess,sell,resell,furnish,rent,subrent,manage,nor does it control,the properties in any manner whatsoever. Student Booking Limited responsibilities are limited to:
a) Providing the Platform, Application and services.
b) Withholding the First Payment transferred by the Tenant (Student) to Student Booking Limited, on behalf of the Owner, once the Owner has accepted the Reservation, so that the First Payment may be transferred to the Owner after deducting the Service Fee plus Value Added Tax (VAT). Student Booking Limited will not receive any additional payments after the reservation has been confirmed by the Owner and, from that moment, the Owner is solely responsible for collecting rent payments, unless otherwise agreed between the Owner and Student Booking Limited.
You must be at least 18 years old and able to enter into legally binding contracts to access and use the Student Booking Platform or register an Student Booking Account. By accessing or using the Student Booking Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
Student Booking may make access to and use of the Student Booking Platform, or certain areas or features of the Student Booking Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
Full verified,refers to Accommodation where the Accommodation itself and the Accommodation Provider have successfully completed all the possible verification steps as set out on the Student Booking website.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, screen Members against third party databases or other sources and request reports from service providers, and where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
The access to or use of certain areas and features of the Student Booking Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Student Booking Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
Google Maps and Earth mapping services, including Google Maps API. Your use of Google Maps and Earth is subject to the Google Maps and Google Earth Additional Terms of Service.
Listing Rooms and Accommodations
All Advertisements on the Platform, Application and services are prepared and verified by Student Booking Limited. There is 2 part listings, Student Booking will take appointment to visit rooms take photos,videos. Also owner-host they can registered website make listing photos and videos they can apload their legal documentation such as residence ID,Passport, Bills documentation etc Student Booking Limited check documents,e-mail, phone number then approve the listing. Student Booking is not responsible security deposit, it is between owner-host and Tenant (Student)
Floor plans published in an Advertisement are suggestive and serve as an explanatory feature. There is no guarantee that the dimensions depicted on the floor plans are accurate. Student Booking Limited will not be responsible in any manner for any inaccuracies found on the floor plans.
The Owner undertakes to provide all the necessary information requested by Student Booking Limited, which includes, but not limited to, the Accommodation’s location, capacity, size, features and availability, including the price and all that pertaining to the payment terms.
The Owner will grant his/her authorisation to approve the publication for the advertisement and will accept these Terms and Conditions.The Owner acknowledges and accepts that once the Tenant (Student) makes a reservation for the Accommodation, the price of this reservation cannot be amended.
Student Booking Limited guarantees the features of the Accommodation at the date in which they were verified by Student Booking Limited. Tenant acknowledge that the Accommodation that they make a reservation for had been verified on a date that was before and not the same as the date of the reservation and that the features of the Accommodation may differ from the conditions verified by Student Booking Limited at a time before the reservation. Nevertheless, the Owner shall maintain the Accommodation in a similar condition to that depicted in the advertisement. If the event that the conditions of the Accommodation differ significantly from those of the advertisement, Student Booking Limited reserves the right to withdraw the Advertisement for such Accommodation from the website Platform, Application or services.
In the event that an owner uses any other platform or means to lease the property, studentsbooking.com will remain the owner of all copyrights or any other intellectual property for the audiovisual, fotos, videos and advertising material and only Student Booking Limited holds the rights for its use. In the event that the owner, or a third party, uses such material owned by Student Booking Limited without having written content to do so, Student Booking Limited reserves the right to demand the cessation of the use of such material and Student Booking Limited reserves the right to claim the corresponding dames.
Reservation Procedure
The Tenant (Student), when deciding the Accommodation that he/she desires to make a reservation for, shall provide the information requested by Student Booking Limited via Student Booking Limited’s Platform or Application, and Student Booking Limited will provide detailed information about the Fees (see section on Service Fee), where the Resident authorises such to be retained by Student Booking, in the event that the reservation is accepted by the Owner, through the payment methods available on the Platform or Application. Once this information is complete, the Tenant (Student) will receive an automatically generated email with a summary of the reservation and its corresponding reference reservation number. Following this, Student Booking Limited will then send a reservation request to the Owner, who will have maximum 24 hours to either accept or reject the reservation. Instant Booking (Book now) you don`t have to wait owner confirmation, owner-host acceptance date availability tenant can book immediately, it is more faster booking reservation, you can save time. In the event that, maximum 24 hours, Student Booking Limited has not received a response from the Owner, Student Booking Limited will deem that the reservation request has been rejected automatically.
Payment Secure Code: Tenant(Student) have control approve their safe and right place, you will recived verified paypal secure code until you cheak it home signed contarct you haved same room you can give payment code owner or host payment will be transfare 2-5 days owner bank account.
When making a Reservation Request via the Platform the Website, Application, Services, we will provide the Owner with the following:
a) Information on the Tenant(Student): age, nationality, company, university, profession, education and any other information that the Owner specifically requests.
b) A link to the Student Booking Limited webpage where the Accommodation is published.
In the event that the Owner accepts the reservation requested by the Tenant, Student Booking Limited will retain the First Payment and the Reservation Fee, along with the corresponding Value Added Tax (VAT), and forward an email to both the Owner and the Resident confirming the reservation and put both the Parties in contact with each another. From this moment, the Owner will be responsible for providing all the necessary information for the Tenant (Student) to access the Accommodation. (Check it Move-in Policy)
The Owner acknowledges that he/she is solely responsible for any Advertisement he/she approves for publication and that he/she has the full right to make available and authorise the reservation of the advertised property.
Furthermore, the Owner will ensure that after accepting a reservation, the Owner will:
a) not infringe on any Agreement entered into with a third party and
b) undertake (i) to be compliant with all laws, tax requirements and any other rule or regulation applicable to any Accommodation published in an Advertisement and (ii) to avoid any dispute arising on the basis of third-party rights.
Student Booking Limited will not assume any liability for any breach, by the Owner, of the applicable laws, rules or regulations. Student Booking Limited reserves the right, at any time and without prior notice, to remove the publication or to disable access to any Advertisement, for any reason and at its own discretion, including any Advertisement that Student Booking Limited deems to be challengeable before the courts law for any reason.
Both the Owner and the Tenant (Student) acknowledge and agree that Student Booking Limited shall not, in any way, act as an insurance agent or agent of any kind on behalf of the Owner. Notwithstanding the foregoing, Student Booking Limited acts as an intermediary authorised by the Owner to exclusively accept and receive the First Payment from the Tenant (Student) for the reserved Accommodation and, after deducting the Service Fee and the corresponding Value Added Tax (VAT), transfer such payment to the Owner.
Student Booking Limited shall provide the Owner with certain information on the Tenant intending to make the reservation and who has provided and authorised the information for this purpose. Both the Owner and the Tenant acknowledge and accept that they are responsible for their own actions and any non-disclosure of information in this regard.
Applicable to Owners in the United Kingdom:
The Owner acknowledges that it is the Owner’s legal responsibility to ensure that the Tenant is able to rent and/or legally occupy the property, whether the Owner’s name appears in the Lease Agreement or not. The Owner shall verify and retain the necessary documents legally granting the Tenant the right to rent in the United Kingdom. In the event that the Tenant is not entitled to rent in the United Kingdom, the Owner may be fined for approving the tenancy. Both the Owner and the Tenant acknowledge that Student Booking Limited will not be held liable for verifying of the Tenant’s documentation, nor will it the outcome of such verification, nor any consequences where the Owner has not conducted such checks. For more information visit:https://www.gov.uk/check-tenant-right-to-rent-documents/who-to-check
A While using the Website, Application or services, you agree that any legal action or claim arising as a consequence of the acts or omissions of the Owner, Tenant or third parties resulting in injury will be filed exclusively against the party in question, and you agree to hold Student Booking Limited harmless against any action Legal or claim with respect to such omissions.
Student Booking Limited advises that Owners take out the appropriate insurance for their Accommodation.
Student Booking Limited will not be responsible for the removal or theft of any object found inside or outside the leased Accommodation.
Student Booking Limited is a Platform used to make online Reservations for Accommodation and, accordingly, it does not provide any inspection service for the Accommodation, nor does it have a copy of the keys for the Accommodation.
Fees and Taxes
The minimum reservation period made via the Website or Application is for one month (30 days), where the Owner may specify a longer minimum period.
The Owner will decide the type of Contract that will apply to the Accommodation, being able to choose among the following types: daily, fortnightly or monthly.
When the Tenant makes a reservation that has been confirmed by the Owner, he/she will make a transfer to Student Booking Limited for the First Payment and the corresponding Reservation Fee plus Value Added Tax (VAT), via the payment methods available on the Website or Application.
The amount of the “First Payment” is calculated in the following manner:
For a monthly agreement:
The First Payment will be the monthly rental price, which, and once the Tenant has settled in the Accommodation, it will be transferred to the Owner as the payment corresponding to the first month’s rent.
For a daily or fortnightly agreement:
a) In the event that the reservation made by the Tenant covers a full month, the First Payment will be the price for this first full month of rent and subsequently and once the Tenant has settled in Accommodation, it will be transferred to the Owner as the payment corresponding to that month.
b) In the event that the reservation does not cover a full month, the First Payment will be the sum of the Daily Price for the first 30 days of the reservation, where the Daily Price may be different when the price varies depending on the month. Subsequently, and once the Tenant (Student) has settled in the Accommodation, the First Payment will be transferred to the Owner as the payment corresponding to the first 30 days of rent.
The “Reservation Fee” is a percentage of the Total Contract Value plus the Value Added Tax (VAT) charged by Student Booking Limited to the Resident for the provided services.
The “Total Contract Value” is the total price of the reservation for the rental property, which will vary according to the total duration and set price for each day for its duration.
The “Service Fee” is a percentage of the Total Contract Value that Student Booking Limited will charge the Owner for the provided services. The Service Fee and its corresponding Value Added Tax (VAT) will be deducted from the First Payment.
Student Booking Limited will only transfer the First Payment, minus the Service Fee and Value Added Tax (VAT), to the Owner 48 hours after the Move-in Date (that which is indicated on the reservation), provided that the Resident has not informed Student Booking Limited of any Significant Deficiency (check it Section MOVE-IN POLICY)
In any event, the Owner will be the one to determine, at his/her own discretion, the price of the Accommodation.
Discount Codes: Discount or promotional codes will take effect only if they are used at the time of making the Reservation Request or before the reservation is confirmed by the Owner, under no circumstances will the discount be applicable at a later time
Content and Copyright
Student Booking Limited respects the intellectual property rights of others and expects its users to do the same.Student Booking may, at its sole discretion, enable Members to create, upload, post, send, receive and store content, such as text, photos, video, or other materials and information on or through the Student Booking Platform (Member Content) and access and view Member Content and any content that Student Booking itself makes available on or through the Student Booking Platform, including proprietary Student Booking content or any content licensed or authorized for use by or through Student Booking from a third party ("Student Booking content" and together with Member Content, "Collective Content").
Student Booking Platform ; Content, and Member Content may in its entirety or in part be protected by copyright, and/or other laws of the EU and other countries. You acknowledge and agree that the Student Booking Platform and Student Booking Content, including all associated intellectual property rights, are the exclusive property of Student Booking and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, service mark or other proprietary rights notices incorporated in or accompanying the Student Booking Platform, Student Booking Content or Member Content. All trademarks, marks, logos, trade names, and any other source identifiers of Student Booking used on or in connection with the Student Booking Platform and Student Booking Content are trademarks or registered trademarks of Student Booking.
Student Booking does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
Student Booking may offer Owner-Hosts the option of having professional photographers take photographs of their Owner-Host Services, which are made available by the photographer to Owner-Hosts to include in their Listings with or without a watermark or tag bearing the words "Studentsbooking.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Student Booking Platform if they no longer accurately represent your Accommodation Listing, if you stop hosting the Host Service featured, or if your Student Booking Account is terminated or suspended for any reason. You acknowledge and agree that Student Booking shall have the right to use any Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Student Booking is not the exclusive owner of Verified Images, by using such Verified Images on or through the Student Booking Platform. You are solely responsible for all Member Content that you make available on or through the Student Booking Platform. You will not post, upload, publish, submit or transmit any Member Content that: is fraudulent, false, misleading ;directly or by omission or failure to update information) or deceptive; is defamatory, libelous, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person or animal; promotes illegal or harmful activities or substances; or violates Student Booking Limited’s Content Policy or any other Student Booking policy. Student Booking may, without prior notice, remove or disable access to any Member Content that Student Booking finds to be in violation of these Terms or Student Booking Limited’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Student Booking, its Members, third parties, or property. Student Booking Limited respects copyright law and expects its Members to do the same. If you believe that any content on the Student Booking Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
Terms for Owner
When creating a Listing through the Student Booking Platform you must provide complete and accurate information about your Owner Service (such as listing accommodations description, location, and calendar availability etc), disclose any deficiencies, restrictions (such as house rules) and requirements that apply such as any minimum age, proficiency or fitness requirements for an Experience and provide any other pertinent information requested by Student Booking Limited. You are responsible for keeping your Accommodation Listing information (including calendar availability) up-to-date at all times.
You are solely responsible for setting a price including any Taxes if applicable, or charges such as cleaning fees for your Listing. Once a Tenant requests a booking of your Listing, you may not request that the Tenant pays a higher price than in the booking request.
Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing. Student Booking reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
9.) Cancelation Policy
A.) Cancelation Policy for Owner
First of all, reservation had been approved (Paid Rent) by the Owner (Host), and where the and the Owner (Host) have signed a Tenancy Agreement, in any of its forms, the cancellation policies will be those included under the aforementioned Agreement, of which Student Booking Limited is not party to.
If Owner cancels the reservation before the Move-in Date or before the Owner and the Resident have signed a Tenancy Agreement, the Tenant (Student) will be refunded with the Service Fee and Rent, along with the corresponding Value Added Tax (VAT) and First Payment. With regard to the Service Fee:
a) If the Owner cancels the reservation with 30 days’ notice or longer, with regards to the Move-in Date, Student Booking Limited will not charge any Fee to the Owner.
b) If the Owner cancels the reservation with between 5 and 30 days' notice before to the Move-in Date, he/she shall pay Student Booking Limited the amount equivalent to 25% of the First Payment.
c) If the Owner cancels the reservation with less than 5 days’ notice before the Move-in Date, Student Booking Limited will charge the amount equivalent to 50% of the First Payment.
Student Booking Limited 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 Owner acknowledges and agrees that Student Booking Limited will send a request for payment and that he/she will be obliged to pay such amounts to Student Booking Limited.
B.) Cancelation Policy for Tenant (Student)
When a Tenant has made a Reservation for Accommodation and it has been approved (paid) by the Owner, Student Booking Limited will charge the Tenant the Service Fee plus Value Added Tax (VAT), along with the First Payment. In the event that the Tenant cancels the requested reservation before it has been approved by the Owner, no amount will be charged.
In the event that the reservation has been accepted(paid rent and Service Fee) by the Owner and the Tenant (Student) cancels the reservation, the Reservation Fee and its corresponding Value Added Tax (VAT) will not be refunded by Student Booking Limited to the Tenant (Student).
There are 3 cancellation policies for Tenants (Students), at the Owner’s discretion, which will be published in the Advertisement for the Accommodation:
(In the event that the Owner does not choose any of the 3 policies, the standard cancellation policy will be the default policy).
Flexible: The tenant can cancel their booking up to 30 days before their move-in date. When the Tenant (Student) cancels the reservation:
a) 5 days or less before the Move-in Date, Student Booking Limited will not refund any withheld amount after the confirmation of the reservation, where First Payment will be transferred to the Owner.
b) Between 6 and 30 days before the Move-in Date, Student Booking Limited will refund 50% of the First Payment to the Tenant and the remaining 50% will be transferred to the Owner.
c) 30 days or more before the Move-in Date, Student Booking Limited will refund the Tenant (Student) for 100% of the First Payment.
Modarete (Standard): The tenant can cancel up to 60 days before their move-in date. When the Tenant (Student) cancels the reservation:
a) 30 days or less before the Move-in Date, Student Booking Limited will not refund the Tenant for any amount and will transfer the First Payment to the Owner.
b) Between 30 and 60 days before the Move-in Date, Student Booking Limited will refund the Tenant for 50% of the First Payment and the remaining 50% will be transferred to the Owner.
c) 60 days or more before the Move-in Date, Student Booking Limited will refund the Resident for 100% of the First Payment.
Strict: The tenant can cancel up to 90 days before their move-in date. For whatever reason, in the event that a Tenant (Student) cancels a reservation that has been confirmed by the Owner, Student Booking Limited will not refund the Tenant(Student) for any amount and the First Payment will be transferred to the Owner.
When the Tenant intends to cancel or modify a reservation.
In the event that a Tenant has notified, through any means, Student Booking Limited his/her intention to cancel or modify a reservation, Student Booking Limited staff, will send an email granting a 24 hour period to confirm the intention to cancel or modify the reservation. In the event that the Tenant does not reply to the email within the aforementioned period, it will be deemed that he/she has cancelled the reservation and the aforementioned Cancellation Policies will apply.
Applicable policy for a Tenant who has requested a reservation and has not yet been able to pay for the reservation.
In the event that Student Booking Limited has charged the Tenant for the reservation and that, for any reason, it is not possible to withhold the full amount to cover the reservation for the Accommodation, for reasons beyond the control of Student Booking Limited, a payment request will be sent to the Tenant to settle the remaining amount within the following 24 hours and should the Tenant not settle this payment in full, Student Booking Limited will charge an amount equivalent to the Reservation Fee plus Value Added Tax (VAT) and will proceed to cancel the reservation for the Accommodation, where, under no circumstance, will the Tenant receive a refund for this charge, nor will the Owner be transferred any amount.
Aside from the foregoing charge, the following charges will also apply to the Tenant(Student):
a) In the event that the payment has not been made in full within 30 days prior to the Move-in Date for the Accommodation, only the amount equivalent to the Reservation Fee plus Value Added Tax will be charged.
b) In the event that the payment has not been made in full between 6 and 30 days prior to the Move-in Date for the Accommodation, an amount equivalent to 50% of the First Payment will be charged.
c) In the event that the payment has not been made in full 5 days prior to the Move-in Date for the Accommodation, an amount equivalent to the First Payment will be charged.
Student Booking Limited reserves the right to claim any of the foregoing amounts in the event that it has not withheld the payment, where the Tenant acknowledges and agrees that Tenant will send a request for payment and that he/she will be obliged to settle such amounts with Tenant.
There is 4 types cancelation policy contract:
1. Flexible:The tenant (Student) can cancel their booking up to 30 days before their move-in date.
2. Moderate (Standard): The tenant (Student) can cancel up to 60 days before their move-in date.
3. Strict: The tenant (Student) can cancel up to 90 days before their move-in date.
4. Non-refundable: You will be receive 100% of the first rent whenever a tenant cancels a booking.
Note: Student Booking Limited one-time commission is non-refundable. You will either receive 50% or 100% of the first rent after a cancellation, minus the Student Booking one-time commission.
You can choose the cancellation policy you find more appropriate. The large majority of our landlords choose the moderate cancellation policy.
To change your cancellation policy, please.
10.) Student Booking Guaranteed!
If it's not as same as on the pictures, StudentsBooking.com will make 100% refund to students. If your booking has cancelled on the last day, we will provide 2 nights hostel accommodation and we will find for you a place!
11.) Ratings and Reviews
A certain time frame after completing a booking, Tenant and Owner can leave a public review and subm it a star rating about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Student Booking. Ratings and Reviews are not verified by Student Booking for accuracy and may be incorrect or misleading. Ratings and Reviews by Tenant and Owner must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to must comply with Student Booking’s Content Policy.
All Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Student Booking Platform together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
12.) Damage to Accommodation, Disputas Between members
The Tenant(Student) is responsible for maintaining the Accommodation in the same condition when he/she arrived at the Accommodation. The Tenant(Student) and the Owner 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. Student Booking Limited will not be held liable, for any event, where damage have been caused to the Accommodation, where such liability shall be resolved between Owner and Student.
13.) Invocing and Disclamers
Invocing: Once the reservation has been finalised, the corresponding simplified invoice will be sent to both the Owner and the Tenant(Student) 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.
After 48 hours have elapsed following the Resident’s Move-in Date for the Accommodation and where Student Booking Limited has transferred the First Payment to the Owner, all legal and any other type of relationship between Student Booking Limited and the Tenant(Student) and between Student Booking Limited and the Owner shall expire with regards to the reservation. Student Booking Limited shall not be held liable, for any reason, for any event arising from the subsequent relationship between the Owner and the Student.
14.) Law and Jurisdiction
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.
STUDENT BOOKING LIMITED GUARANTEE
Under certain circumstances Student Booking Limited (the Company) will provide Guaranteeto users without any need for the user to opt-in or select the coverage in any way.
STUDENT BOOKING LIMITED RESERVES THE RIGHT TO WITHDRAW OR MODIFY THIS POLICY AT ANY TIME.
We recommend you carefully read these Terms and Conditions regularly to inform yourself of any modifications.
The Guarantee is an additional service that Student Booking Limited offers users and which will only be applied when the company deems it appropriate and provided that all the conditions in the relevant section have been met.
15.) Move in Policy
After the Owner has approved the reservation and Student Booking Limited has sent confirmation of the reservation to both the Tenant (Student) and the Owner, including the contact information for both parties, it will be the Owner's responsibility to provide any further instructions to the Tenant(Student) with regards to moving into the Accommodation.
The Owner will ensure that the Accommodation reserved by the Tenant is found in the expected and proper living conditions and that the features published in the Accommodation Advertisement remain the same, as well as the pricing terms. Applicable policy for when a Tenant moves into the Accommodation. The Tenant (Student), within 24 hours after the Move-in Date, may inform Student Booking of all Significant Deficiencies for the Accommodation, as well as to report on the inaccuracy of the Accommodation with regards to the features indicated in the Advertisement, by sending an email to help@studentsbooking.com, and stating the reservation number, while putting the Owner in copy and attaching the necessarily visual evidences (photos and/or videos) of the Essential Deficiencies. Once the email has been received by the Student Booking Limited staff, at its own discretion, the circumstances will be verified and assessed.
A Significant Deficiency is defined as a circumstance entailing non-liveable conditions, a health risk and/or substantial modifications that differ from the description in the Advertisement.
In the event that the Student Booking Limited staff deems that there is a significant deficiency, the Owner will be given a period of 36 hours to commence actions to resolve such deficiencies, which shall be settled within a reasonable timeframe.
In the event that the Owner does not resolve the deficiencies within a reasonable timeframe, he/she will be in breach of these Terms and Conditions, which will entitle the Tenant(Student) to cancel his/her reservation, which will mean that the Owner will adhere to the Cancellation Policy for Owners (See Cancellation Policy for Owners) and Student Booking Limited will provide the Tenant(Student), at its own discretion, one of the following solutions:
Student Booking Limited staff will be responsible for looking for an Accommodation with similar features, where the Tenant(Student) may accept or reject the Accommodation. This possibility will depend on whether Student Booking Limited can provide Accommodation with similar features. In the event the substitute Accommodation offered by Student Booking Limited is less than the price of the previous reservation, Student BookingLimited will pay the Tenant(Student) the difference between the new price and the price of the reservation.
Student Booking Limited staff will refund the Reservation Fee plus the corresponding Value Added Tax (VAT) plus the First Payment to the Tenant(Student).
In the event that the Student Booking Limited staff considers that there is no Significant Deficiency and the Tenant cancels the reservation on the basis of unfounded reasons (at Student Booking Limited's discretion), the Tenant(Student) will forfeit his/her Reservation Fee plus the corresponding Value Added Tax (VAT) and the First Payment, where the First Payment will be fully transferred to the Owner.
Student Booking Limited will only transfer the First Payment, minus the Service Fee and Value Added Tax (VAT), to the Owner 48 hours after the Move-in Date (that which is indicated on the reservation), provided that the Tenant(Student) has not informed Student Booking Limited of any Significant Deficiency.
Lease Agreement signed between the Tenant(Student) and the Owner.
Student Booking Limited is not party to any Lease Agreement. This Agreement will be signed only by the Tenant (Student) and the Owner and, accordingly, Student Booking Limited will be held harmless of all legal matters, nor will it be held liable in the event of any dispute, disagreement or claim. Any situation resulting from the aforementioned Lease Agreement shall be settled between the Tenant(Student) and the Owner. Furthermore, Student Booking Limited will not be party to any negotiation regarding a bond or security deposit, required by the Owner and made by the Tenant, under the Lease Agreement or in any other type of Agreement, nor will it act an intermediary for any dispute arising as a result of a bond or security deposit.
Student Booking Limited advices that both the Tenant(Student) and the Owner thoroughly read the tenancy Agreement, or any other Agreement entered into, as it will be the instrument governing the relationship between both.
16.) Rent Payment and Secure Deposit
Rent Payment: After the Tenancy Agreement, or any other Agreement entered into between the Tenant (Student) and the Owner, has been signed, it is the sole responsibility of the Owner to collect rent payments from the Tenant. Student BookingLimited shall not be held liable, in any manner, for the collection of rent payments or for any outstanding payment that may arise.
Security Deposit: Security Deposit means the amount that the User has to pay to the Accommodation Provider (Owner) 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 move-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 Student Booking is not involved in, and shall not be liable for the management of, any such deposits;
17.) Privacy Policy
Any data collected by Student BookingLimited for the use of the Website, Platform, Application or services will be treated in accordance with Spanish Organic Law 15/1999 on the Protection of Personal Data and its implementing regulations, so as to uphold the relationship arising from these Terms and Conditions.
This data will be included in the File registered at the General Registry of the Spanish Data Protection Agency (AEPD) and is owned by “Student Booking Limited” (hereinafter “Responsible Entity of the Files”), bearer of Tax Identification (CIF) No.B87538377, and such data shall be treated pursuant to the current legislation on protection of personal data.
Accordingly, the User authorises, as the owner of the data, that such data may be disclosed to third parties, provided that this disclosure is required for the undertaking, compliance, maintenance and performance of obligations arising from this relationship, in accordance with Article 11.2.c) of the aforementioned Law or on the basis of any other legal provision authorising such disclosure.
In order to exercise the Rights to access, challenge, rectify, cancel or oppose of the data, Users shall send written correspondence to: “Student Booking Limited”, Puerta del Sol 13, 3 Derecha 28013 Madrid
This Data Protection Agreement (“Agreement”) is effective since the Users contracts Student Booking Limited’ Services and forms part of the Terms of Services of Student Booking Services available (“Principal Agreement”) between:
– Users (hereinafter also referred as the “Controller”) acting on its own behalf.
The term “Users” refers to either: a) the person who registers for a Customer Account on his/her own behalf; or b) the organisation, where the person registers for a Customer account on behalf of an organisation.
And
– Student Booking Limited (hereinafter also referred as the “Processor”) acting on its own behalf.
Hereinafter referred individually as the “Party” or jointly as the “Parties”.
BOTH PARTIES EXPOSE
In the course of the performance of the aforementioned Services, Student Booking Limited will have access and will process personal data regarding the USERS (Tenant and Property Owners aforementioned). Therefore, the Parties wish to regulate such data processing according to the EU Data Protection Law.
Definitions
In this Agreement, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
“Sub-processor” means any Data Processor (including any third party) appointed by the Processor to process Controller Personal Data on behalf of the Controller.
“Process/Processing/Processed”, “Data Controller”, “Data Processor”, “Data Subject”, “Personal Data”, “Special Categories of Personal Data” and any further definition not included under this Agreement or the Principal Agreement shall have the same meaning as in EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council (“GDPR”).
“Data Protection Laws” means EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council (“GDPR”) as well as any local data protection laws.
“Erasure” means the removal or destruction of Personal Data such that it cannot be recovered or reconstructed.
“EEA” means the European Economic Area.
“Third country” means any country outside EU/EEA, except where that country is the subject of a valid adequacy decision by the European Commission on the protection of Personal Data in Third Countries.
“Controller Personal Data” means the data described in article 3 of this Addendum and any other Personal Data processed by Processor on behalf of the Controller pursuant to or in connection with the Principal Agreement.
“Personal Data Breach” means a breach of leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Controller Personal Data transmitted, stored or otherwise processed.
“Services”, of the Terms of Services (Principal Agreement) located on Studentsbooking.com-, the term “Services” refers to all services provided by Student Booking Limited from time to time including but not limited to creating, maintaining and hosting a website, receiving booking information via our booking and payment system, managing reservations and payments and responding to Users clients via our reservation system and managing content on third party channels via our channel manager.
“Tenat,”, means any individual person who booking accommodation.
“Owner”, for this agreement Property Owner means any person or organization who -is not Student Booking Limited’s users- and owns or manages any form of accommodation, building, house, apartment, room, houses or any other dwellings or rental space that is displayed by the Users on the Users Website or a third-party channel and offered for rent using Student BookingLimited accommodation booking services offered through www.studentsbooking.com.
Data Processing Terms
The Controller is responsible for providing any necessary notices to, and obtaining any necessary consents from, Data Subjects whose Personal Data is provided by the Controller to the Processor for Processing pursuant to this Addendum. The Controller acknowledges that the Service are not intended or designed for the Processing of Sensitive Information, and the Controller agrees not to provide any Sensitive Information through the Service.
In the course of providing the Services, the Processor will process Controller personal data on behalf of the Controller as per the terms of this Addendum. The Processor agrees to comply with the following provisions with respect to any Controller personal data. The Processor shall maintain all the technical and organizational measures to comply with the requirements set forth in the Addendum.
Processing of Controller Personal Data
The categories of Personal Data, the types of Data Subjects, and purposes for which the Personal Data are being processed are the following:
Controller Personal data that will be processed:
Tenant(Student): Personal and Transactional Data collected
Owner that are not Student Booking’s Tenant: Personal and Transactional Data collected
Purposes: The Processor shall only process Controller Personal Data for the purposes of the Principal Agreement, namely:
• to provide Student Booking Limited’ Services to the Controller
• to allow the Controller the management of Tenant which rent properties
• to allow the Controller the management of Owners (in case where such owners are not Student Booking’s Customers).
For the purposes set out in section above, the Controller hereby authorizes the Processor to transfer Controller Personal Data to the appropriate recipients in the Third Countries which ensure an adequate level of Data Protection. The Controller may request, at any time, a list of the aforementioned recipients.
4. Reliability and Non–Disclosure
The Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor who may have access to the Controller personal data, ensuring in each case that access is strictly limited to those individuals who require access to the relevant Controller Personal Data.
Personal Data Security
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Processor shall implement appropriate technical and organizational measures to ensure a level of Controller Personal Data security appropriate to the risk, including but not limited to:
Pseudonymization or encryption, where appropriate;
A process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the Processing.
In assessing the appropriate level of security, the Processor shall take into account the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Controller Personal Data transmitted, stored or otherwise processed.
Upon the request of the Controller, the Processor shall provide the Controller with a written description of the security measures being taken.
Sub-Processing
As of the Addendum Effective Date, the Controller hereby authorises the Processor to engage with Sub-Processors to ensure the optimal provision of Student Booking Limited’ Services.
The Data Controller may request, at any time, information regarding the identity of the aforementioned Sub-Processors. In case where the Data Controller express his or her disagreement regarding the Sub-Processors engaged with the Processor, the Data Controller may stop using Student Booking Limited’ Services.
The Users shall use only Sub-processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of the GDPR and ensure the protection of the rights of the data subjects.
Data Subject Rights
The Users is responsible for handling any requests or complaints from Data Subjects with respect to their Personal Data processed by the Processor under this Addendum.
Taking into account the nature of the Processing, the Processor shall assist the Users by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Controller’s obligation to respond to requests for exercising Data Subject rights as laid down in EU GDPR.
7.3. The Processor shall promptly notify the Users if it receives a request from a Data Subject, the Supervisory Authority and/or other competent authority under any applicable Data Protection Laws with respect to Users Personal Data.
7.4. The Processor shall cooperate as requested by the Users to enable the Controller to comply with any exercise of rights by a Data Subject under any Data Protection Laws.
International Transfers of Controller Personal Data
The Processor shall use only Sub-processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of the GDPR and ensure the protection of the rights of the data subjects.
18.) Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Student Booking Platform. Student Booking Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
19.) General Provisions
The Platform and Application are used by the Residents to make a reservation for Accommodation arrangements that are for a period longer than one month. Accommodation is published on the Platform or Application by the Student Booking Limited staff upon the request and approval of the Owners, through the use of the technology required for this purpose. STUDENT BOOKING IS NOT AN OWNER, MANAGER OR REAL ESTATE AGENT AND STUDENT BOOKING LIMITED DOES NOT POSSESS, SELL, RESELL, FURNISH, RENT, SUBLET, MANAGE, NOR DOES IT CONTROL, THE PROPERTIES IN ANY MANNER WHATSOEVER.
STUDENT BOOKING LIMITED responsibilities are limited to:
a) Providing the Platform, Application and services.
b) Withholding the First Payment transferred by the Tenant (Student) to Student Booking Limited, on behalf of the Owner, once the Owner has accepted the Reservation, so that the First Payment may be transferred to the Owner after deducting the Service Fee plus Value Added Tax (VAT). Student Booking Limited will not receive any additional payments after the reservation has been confirmed by the Owner and, from that moment, the Owner is solely responsible for collecting rent payments, unless otherwise agreed between the Owner and Student Booking Limited.