These are our terms and conditions for use of the network.
The following Terms and Conditions regulate the use and access to the “BADI” platform.
The following Terms and Conditions shall include the Sublease Agreement between BADI and You as Annex, which shall regulate the conditions of the sublease. By accepting these Conditions, You agree that Your reservation with BADI is contingent upon the execution of BADI’ internal verification procedure applicable to Sublessees.
Once your reservation request has been approved, you may consult these Conditions and the Sublease Agreement at any time.
The following is the identification data of the owner of the BADI platform:
Company name: BADIAPP TECHNOLOGIES, S.L.
Registered Office: Ronda Sant Pere 16, 08010 Barcelona (Spain)
Registration data in the Mercantile Registry of Barcelona, Volume 47132, folio 91, page B-542190.
Tax Identification Number: B-67536458
The holder will be referred to as, “BADI“, the “Company“, “We” and/or “Us” indistinctly.
“Badi” or “Platform” means:
The Website or App that allows Users to book or rent medium-term stays (more than 32 days and up to 11 months) at BADI-managed estates.
“Physical Check-in” means:
The start of the stay or entry to the property in accordance with the effective date agreed during the booking.
“Online check-in” means:
The form provided on the Platform for the potential Sublessee to provide additional information, for the purpose of assessing and approving their reservation request.
This document or agreement governing the Terms and Conditions of use and contracting on the platform.
“Sublease Agreement” means:
The private lease agreement between BADI, as Sublessor of an Estate, and the Users, who shall have the possibility to lease propertys of varying duration, always longer than 31 nights and. In no case can the users use the properties for tourist accommodation purposes other than what is mentioned in the Sublease Agreement.
“Shared Spaces” means:
The rooms of common use such as,the kitchen, living-dining room and terrace.
For the purposes of these Conditions, the amount that the Sublessee has paid to the Sublessor, as a “reservation” after requesting the Room through the Platform,is equivalent to €800 for rooms and €1000 for studios and apartments. For clarification purposes, the amount paid after the reservation request, shall constitute the “Deposit” in guarantee of the rental, after the Sublessee has accepted the Sublease Agreement.
Urban Housing of which BADI holds the necessary permissions to sublease to third parties, including Rooms, Studios and Shared Spaces.
“Room“ or “Studios” means:
Private equipped and furnished spaces constituting the Urban Estate.
“Additional Expenses” means:
The charge to be made to the Sublessee for cleaning added to the last monthly payment. It also refers to the one-time periodic expenses to be assumed by the Sublessee Examples such as expenses related to supplies, services, consumption, maintenance, upkeep and repairs.
“Verification Policy” means:
The procedure followed by BADI to verify the identity and solvency of the prospective Sublessee.
The natural or legal person who holds a legitimate title of ownership with respect to the Properties offered on the Platform. In no case shall the identity of the owners of such real estate be disclosed to Users.
“Monthly Rent“ or “Lease Rent” means:
The amount to be paid by the Sublessee, the same that corresponds to the Lease Rent referred to in the booking confirmation, as well as what is referred to in the “Lease Rent” clause of the Sublease Agreement.
The offer of Rooms and Studios offered by BADI through its “BADI” Platform. Likewise, “Services” means: those related to the internal verification procedures carried out by BADI (Verification Policy), before confirming the approval of the reservation request.
BADI (owner of the Platform) who has entered into a lease agreement with the Owners entitling it to control, offer and manage such real estate, and to sublease it to the Platform Users.
“Subtenant” or “User” means:
The natural people who access the Platform in search of a Room or Studio of temporary duration.
In these Conditions, unless a contrary intention appears:
– The use of the singular shall include the plural and vice versa.
– The use of any gender includes the other genders.
– Headings are used for reference only.
– References to any legislation or rules include any successor legislation or rules, and are to the legislation or rules of the Spanish State unless otherwise expressed.
The Platform is intended to allow Users to reserve and rent Rooms or Studios for medium-term stays (minimum 32 days and up to a maximum of 11 months) in PROPERTYs legitimately managed by BADI.
In that sense, BADI does not own the properties published on the Platform, but has entered into a lease agreement with the Owners, therefore, is entitled to publish, monitor, offer, manage and sublet the properties.
Likewise, the Services offered by BADI (through its Platform) include the execution of the Verification Policy developed in these Conditions.
The User declares to be over 18 years of age and to have sufficient legal capacity to enter into a contract.
In the event that the User provides any false, inaccurate or incomplete information, or if BADI considers that there are reasonable grounds to doubt the truthfulness, accuracy and completeness of these, BADI may deny access in present or future use of the Platform or any of its contents/ services.
The User guarantees the authenticity and timeliness of all data included and / or communicate on the Platform and shall be solely responsible for any false or inaccurate statements made.
The User expressly agrees to make appropriate use of BADI Services and not to use them for the following purposes:
– Impersonate the identity of any other User.
– Use the Platform or the Services offered by BADI for purposes not reflected in these Terms and Conditions and in the Lease Agreement.
– Use the Company’s trademarks for personal use, damage the trademarks and/or logos, take screenshots or use means of the Platform to advance personal interests in other media or avenues.
– Violate the confidentiality of BADI or third party information.
– Removing, altering, disabling or downgrading content protections; use of any robot, spider, scraper or other automated means to access BADI Services; decompile, reverse engineer or disassemble any software or other products or processes accessible from BADI Services; introduce any code or product or manipulate the contents of the Platform in any way; and use any method of searching, gathering or extracting data.
– Introduce into the Platform, computer viruses or perform actions likely to alter, damage, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of BADI or third parties; as well as hinder the access of other users to the Platform and its services through the massive consumption of computing resources through which BADI provides its services.
If you detect that a User uses the Platform for purposes other than those stated in these Conditions, inappropriately and / or illegally, you should contact us at the following email address: email@example.com.
For its part, the Company reserves the right to remove and / or block access to any user who considers or has sufficient evidence that these Conditions are being breached, regardless of the legal actions that may be exercised at any time.
The User interested in one of the Rooms or Studios offered, will have to make a reservation request under the form provided on the Platform.
This form requires as a requirement to validate the request, the payment of the total amount of the Deposit. To be clear, the amount of the deposit will guarantee the rental, after the approval of your reservation request and following the execution of BADI’s internal verification procedure. (Applicable to Subtenants).
As a general rule, stays offered on the Platform may not be shorter than 32 days (or 31 nights) and no longer than 11 months.
Upon payment of the reservation amount, BADI will send the User a confirmation of receipt of his request to which the conditions of the reservation will be attached and, in which the potential Sublessee will be informed that to complete the sublease process he must first successfully pass BADI’s internal identity and economic solvency verification procedure.
The reservation request and the prospective Sublessee’s contact information will be evaluated by BADI, as Sublessor, who may approve or reject the prospective Sublessee’s request, after verifying the identity and other internal parameters imposed by BADI.
For these purposes, BADI may request from the prospective Sublessee certain additional information and documentation (e.g., copy of ID card, NIE or Passport and in general any documentation BADI deems appropriate and necessary to comply with this policy).
– The potential Sublessee must provide, within a maximum period of 48 hours from its request, the documentation required by BADI through the “Online Check-in” form.
– Upon receipt of the documentation, BADI will accept or deny the potential Sublessee’s reservation request within 24 hours.
– In any case, if the potential Sublessee does not provide the requested information within 48 hours of the reservation BADI may proceed in cancelling the reservation. On the otherhand BADI will refund the amount paid during the reservation request, without penalty, within 48 hours.
In the event that the potential Sublessee does not provide the documentation (menitoned above) within the deadline, or in the event that, once provided by the potential Sublessee and analyzed by BADI, it is found that the potential Sublessee does not meet the conditions, as well as other suitability requirements, such as, BADI’s internal parameters of concordance between cohabitants.
Therefore, if you do not meet the conditions, as well as BADI’s internal parameters of cohabitant matching, BADI may contact you to provide assistance and, if necessary, relocate you to other available Rooms or Studios and, as a consequence of the foregoing, unlock the Room in favor of other users.
In such case, BADI will also communicate this circumstance to the User by e-mail and will reimburse the amount paid by the User during the reservation, without any penalty, within a maximum period of 48 hours.
When the potential Sublessee passes the internal verification procedure, BADI will send you a confirmation notice including the conditions of your reservation and the following information: location of the property, the amount paid as Deposit, the amount of the monthly Rent, the itemized Additional Expenses, the Service Costs and the duration of your stay, together with the link to these Conditions, including the Sublease Agreement that you have previously accepted with the knowledge that your reservation request depends on the execution of BADI’s internal verification procedure.
BADI may not reject a reservation request on the basis of skin color, ethnicity, nationality, religion, sexual orientation, gender identity or marital status, nor impose any different conditions on the basis of skin color, ethnicity, nationality, religion, sexual orientation, gender identity or marital status of the potential Sublessee.
The price for the monthly Rent to be paid by the Sublessee will be shown on the initial advertisement (through BADI’s platform) of the Rooms. After selecting the dates of your stay, BADI will make the calculation for the days selected in the reservation form and will show you all the prices broken down.
The price of the first and last monthly payment will be calculated according to the day of the check-in and the check-out selected by the sublessee when making the reservation and will be subject to the following provisions:
If the reservation is less than 35 nights:
Equal to 32 nights → 100% + 3,33% (1 month + 1 night)
Equal to 33 nights → 100% + 6,66% (1 month + 2 nights)
Equal to 34 nights → 100% + 9,99% (1 month + 3 nights)
If the reservation is more than 35 nights:
And the Check-In day is:
From 1 – 6 → 100%
From 7 – 12 → 80%
From 13 – 18 → 60%
From 19 – 24 → 40%
From 25 – 27 → 20%
Equal to 28 → 9,99%
Equal to 29 → 6,66%
Equal to 30 → 3,33%
Equal to 31 → 3,33%
And the Check-Out day is:
Equal to 2 → 3,33%
Equal to 3 → 6,66%
Equal to 4 → 9,99%
From 5 – 6 → 20%
From 7 – 12 → 40%
From 13 – 18 → 60%
From 19 – 24 → 80%
Over 25 → 20%
Discounts for longer stays:
Based on the predefined base price of the room, the following discounts will be applied according to the duration of the stay:
Less than 90 days – 0% discount
Between 90 and 179 days – 3% discount
Between 180 and 269 days – 6% discount
270 or more days – 9% discount
In case a the sublessee leaves before the agreed check-out date (e.g. if the sublessee books for 9 months and leaves after 4 months), a penalty will be calculated and the sublesse would have to pay the difference between the price he/she has been paying and the price he/she would have paid.
Prices are in euros, all taxes included (VAT and, if necessary, other applicable taxes) unless otherwise indicated.
All payments will be made through the payment gateway integrated with the Platform, these will be charged to the Sublessee after approval of the reservation by BADI, except the amount of the reservation initially paid, the same that after the approval of your application will be constituted as a Deposit in guarantee of the rental.
The Sublessee agrees to pay the price corresponding to the monthly Rent in advance and the Price corresponding to the rest of the monthly payments will be charged within the first five (5) days from the receipt by the Sublessee of the corresponding invoice through the payment gateway. Likewise, payments relating to Additional Expenses shall be charged to Sublessee through the payment gateway. In any case, BADI will charge the next monthly payments through the same payment system used by the User to pay for the reservation.
The entity in charge of the payment gateway Stripe Payments Europe, Ltd (hereinafter, “Stripe”) is a third party unrelated to BADI so that any claim related to such gateway, please contact the following email: firstname.lastname@example.org. The terms and conditions of the payment gateway can be consulted here.
For the purposes of the provisions of these Conditions, as well as in the Sublease Agreement, “First Payment” shall mean the first monthly Rent, if applicable, the amount proportional to the first month, the additional expenses, as well as, if applicable, the possible penalties and any amounts to be paid by the Sublessee in accordance with these Conditions and the Sublease Agreement.
The collection of the monthly Rent, as well as the applicable additional expenses, shall be completed on the first five (05) calendar days of each month. The consequences of late payment are regulated in the Sublease Agreement.
In any case, the Sublessee will receive, through the e-mail address provided for such purpose, a settlement including all the data related to each transaction.
BADI and Stripe shall not be liable for any failure or delay in completing the payment of any of the amounts due to the following circumstances (a) the Sublessee’s payment method does not have sufficient funds to complete the payment or the charge of the amount is rejected by the issuing banking institution of the payment method; (b) Stripe’s payment processing services are not functioning properly and Sublessee has been so notified prior to executing the transaction; (c) Sublessee’s equipment, software or telecommunications services are not functioning properly; (d) Sublessee fails to provide correct payment method information; and (e) major events. BADI is not responsible for any charges that Sublessee’s banking institution charges to the payment method as a result of Sublessee’s failure to have sufficient credit or funds in the payment method.
The User as a consumer shall have the right to withdraw from the Services provided on the Platform, during the 14 calendar days following the payment of the reservation, unless this period is interrupted by the start of the stay, in which case the User shall have lost his right of withdrawal.
In the event that the potential Sublessee, during the internal verification procedure or after obtaining the communication of approval of his request, decides to decline the request made (by means of a communication, within 14 calendar days following the payment of the reservation), BADI will proceed to refund the total amount of the reservation paid, without penalty, within a maximum period of 30 calendar days.
The User is informed that, during the 14 calendar days prior to the physical Check-in, BADI will begin with the maintenance, conditioning and cleaning services of the Room or Studio, in which case the BADI Service is considered to have begun, with the prior express consent of the User and with the knowledge on his/her part that, after the cancellation of the reservation during said period:
– the User will only receive a refund of 50% of the total amount paid for the reservation, if the cancellation has been communicated within the first 7 calendar days of the start of the maintenance, conditioning and cleaning services of the Room or Studio;
– after this period (first 7 calendar days) and after the cancellation communication by the User within the following 7 calendar days, and prior to the physical Check-in, the User will lose the total amount of the reservation.
For clarification purposes, “Sublessee” shall mean the User who has successfully passed BADI’s internal verification procedure and, consequently, has checked-in online. For this reason, once BADI’s internal verification procedure has been completed, the conditions for the cancellation or termination of the relationship between the parties shall be governed by the provisions of the Sublease Agreement.
The contents related to the Company’s trademarks, domains, logos, drawings, images, videos, audios, including, software, computer programs, or any element that may be susceptible to protection by the Intellectual or Industrial Property legislation, which may be accessible to Users, are the property of the Company (or third party licensors) and all rights of use over them are expressly reserved.
You may make use of such rights only as expressly authorized by the Company or by those who have licensed them for use.
Likewise, the User agrees not to remove, delete, alter, manipulate or in any way modify:
– Those notes, legends, indications or symbols that either the Company or the legitimate owners of the rights, incorporate to their properties regarding Intellectual or Industrial Property (such as, for example, copyright, ©, ® and ™, etc.).
– The technical protection or identification devices that may contain the material subject of Intellectual or Industrial Property (such as, for example, watermarks, fingerprints, etc.).
The User acknowledges that, by virtue of these Conditions, the Company does not assign or transfer to the User any Intellectual and/or Industrial Property rights of its property, or over any rights of third parties. The Company only authorizes the User to access and use them in accordance with the terms indicated in these Conditions. Therefore, the Company does not grant any other license or authorization of use to the User on the rights of Intellectual and/or Industrial Property other than that expressly detailed in the present Conditions.
Users are not authorized to copy, distribute, transmit, communicate, modify, alter, transform, transfer or in any other way deploy activities that involve the commercial use of the Intellectual and/or Industrial Property rights of the Company, whether in whole or in part, without the express consent, granted in writing, of the legitimate owner of the exploitation rights.
The Company reserves all Intellectual and/or Industrial Property rights to which it is entitled, including any authorization and/or license.
To the fullest extent permitted by law and except as otherwise provided in these Terms, in no event shall BADI be liable for any personal, incidental, special, direct or indirect damages, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, related to the use or inability to use the Platform, regardless of the cause, regardless of the theory of liability (contractual or otherwise) and even if the User has been advised of the possibility of such damages.
BADI excludes, within the limits of applicable law, any liability for damages of any nature whatsoever arising from third party information and not directly managed by us.
In the event of any claim and/or incident attributable to BADI, related to the Platform, we have a complaint procedure that is initiated through the email address email@example.com. Once this communication is initiated, we will work together with the User to gather the necessary information about the claim and/or incident.
BADI undertakes to reply to the User within seventy-two hours (72 hours) from receipt of the complaint.
Likewise, if you act as a consumer, you may amicably resolve any incidents that may arise during the contractual relationship through the Platform promoted by the European Commission:
These Terms and Conditions shall be governed by the Spanish legislation in force. In the event of any conflict or discrepancy arising in the interpretation and/or application of these Conditions, the competent Courts shall be those provided for in the applicable legal regulations regarding competent jurisdiction. Likewise, disputes related to the sublease shall be submitted to the competent courts established in the Sublease Agreement.
We reserve the right to modify these Terms and Conditions at any time. In the event of any change to the Conditions, these will be published on the Platform and the date of their publication will be indicated, so that the User knows the date on which such modification has become effective. In any case, the User will receive a notification through electronic means about any update of the Conditions prior to their publication on the Platform.
This Sublease Agreement (from now on the “Agreement”) constitutes a binding agreement between You (the “Sublessee”) and the company “BADIAPP TECHNOLOGIES, S.L.” (“BADI” or the “Sublessor”), with registered office in Barcelona, Ronda Sant Pere, number 16, registered in the Commercial Registry of Barcelona, Volume 47,132, Folio 96, Page B-542,190, with tax identification number B67536458.
Both Parties recognize, reciprocally, the necessary capacity for the celebration of the present Contract, to which effect, they recognize:
I.- That, by virtue of a private lease agreement entered into with the legitimate owners, BADI holds the condition of lessee of an urban Property, located in a building (hereinafter, referred to respectively as the “PROPERTY” and the “BUILDING”).
II.- That, in accordance with the lease (stated above), BADI is entitled to sublease the PROPERTY, which is equipped and furnished with the utensils, household goods and supplies necessary to use it. In this regard, the PROPERTY, in addition to having rooms for private use, if any, will have the following Shared Spaces: kitchen, living-dining room and/or terrace.
III.- That the Sublessee knows the location and general characteristics of the PROPERTY and the BUILDING, and is interested in renting for private use, on a temporary basis, one of the rooms that constitute the PROPERTY, which is also equipped and furnished.
IV.- That the Sublessor will provide, to the Sublessee, a series of accessory services (typical of the hotel industry) to the sublease.
In accordance with the foregoing, both parties agree to enter into this Agreement, which shall be governed in accordance with the following stipulations:
1.1.- Applicable Regime. Given the nature of this Contract, it shall be governed in the first place by the stipulations contained in this Contract and by the provisions of the Spanish Civil Code, expressly waiving the submission to Law 29/1994, of 24 November, on Urban Leases.
1.2.- Object of the Contract. By virtue of this Agreement and subject to the terms and conditions, BADI hereby assigns the ROOM to the Sublessee, who takes it as a sublease.
The ROOM constitutes the object of the sublease agreed, and the Sublessee is also entitled to use the Shared Spaces on a shared basis, together with the other Sublessees of the PROPERTY, provided that he/she rigorously complies with the rules of coexistence contained in the Code of Conduct, which is incorporated into this Agreement.
The common and structural elements of the BUILDING in which the PROPERTY and the ROOM are located are expressly excluded from the sublease, including, but not limited to, the façade, load-bearing walls, rooftop terrace and staircase hall, among others.
1.3.- Destination of the ROOM. The ROOM shall be destined by the Sublessee exclusively and non-transferably for the use of temporary stay, without in any case implying or being able to imply the satisfaction of the Sublessee’s need for a regular property.
The Sublessee may not modify in any case the destination of the ROOM. Failure to do so shall be cause for termination of this Agreement.
2.1.- Delivery of the ROOM. As detailed in the Sublessor’s email confirmation of the reservation, the Sublessor shall deliver the ROOM on the date and time agreed upon to the Sublessee for its use in accordance with this Agreement, equipped (with the corresponding supplies) and furnished (with the necessary household goods), in accordance with the list or inventory provided by the Sublessor, in accordance with the list or inventory that the Sublessee acknowledges having received), and the Sublessee undertakes to keep it in the same state and condition until the termination of this Agreement, whatever its cause, without any deterioration other than that which may have occurred by the mere passage of time and by the ordinary and proper use of the same.
BADI shall not be liable in any case for any furniture or belongings brought into the ROOM and/or the PROPERTY by the Sublessee.
In case of loss or misplacement of any of the keys during the term of the Contract, the Sublessee may request a replacement from the Sublessor, the former having to pay the Sublessor the amount of 100 euros.
2.2.- Use of the ROOM. In accordance with the provisions of Stipulation One above, the Sublessee shall use the ROOM, for his/her personal use, as a temporary residence, which entails the use and enjoyment, collectively with the other users, of the SHARED SPACES of the PROPERTY, as well as the use of the services, supplies and furniture.
In any case, both Parties expressly agree that the ROOM:
– May not be destined or used as tourist or similar accommodation (including, in a non-exhaustive manner, the following types of tourist accommodation: tourist apartments and propertys for tourist use), nor may it be destined for a use other than the aforementioned.
– It may not be provided to third parties outside of this Contract for overnight stays, even on an occasional basis.
In no case shall more than two (2) overnight stays be allowed in a consecutive period of ten (10) calendar days. Failure by the Sublessee to comply with this stipulation shall result in the termination of this Agreement and the payment by the Sublessee of double the daily rent per night of unauthorized overnight stay.
In any case, the Sublessee undertakes to ensure the perfect conservation of the ROOM and the PROPERTY by the people who spend the night or visit them, and the Sublessee shall be liable to the Sublessor for any damage that may occur to people in the ROOM, PROPERTY or BUILDING.
3.1.- Duration. The duration of this Agreement is established by virtue of the dates selected by the Sublessee at the time of requesting the reservation on the BADI Platform and in the e-mail communication of the approval of the reservation. Once the agreed duration has elapsed, it shall be automatically terminated without the need for any communication or request from either of the Parties.
The tenants shall have the possibility of extending this sublease agreement, the Sublessor reserving the right to accept or reject the extension request. Any extension shall be agreed in writing between the Parties and the terms and conditions shall be the same as those set forth in this Lease unless otherwise expressly agreed by the Parties.
The extension of the lease shall be made at no additional cost to the tenant provided that the Sublessor is notified at least seven (7) days prior to the expiration date of the initial sublease term.
However, in case the tenant notifies his will to extend the lease between the sixth (6th) day and forty-eight (48) hours prior to his initial check-out date, he shall pay an amount of fifty euros (50 €) in the case of a room and one hundred euros (100 €) in the case of an apartment or studio.
If the tenant notifies his will to extend the contract less than forty-eight (48) hours prior to his initial check-out date, he shall pay an amount of one hundred euros (100 €) in the case of a room and one hundred and fifty euros (150 €) in the case of an apartment or studio.
In the event that the Parties agree to an extension of this Agreement, the initial term together with the extended term – may in no case exceed 11 months.
The Sublessee may withdraw from the present Contract.
The Sublessee may withdraw from this Agreement at any time without the application of any penalty in favor of the Sublessee, provided that notice is given (30) days prior to the new departure date. In the event that the Sublessee gives notice less than (30) days prior to the new departure date, the parties agree as a penalty clause that the Sublessor may take possession of the deposit, without this implying, in any case, the Sublessee’s exoneration from complying with the obligations assumed under this contract.
3.2.- Termination of the Agreement. Upon termination of this Agreement or any of its extensions, for whatever reason, the Sublessee shall vacate the ROOM and return it to the Sublessor before 11:00 a.m. on the day of departure, handing over the keys to the BUILDING, the PROPERTY and the ROOM.
When returning the ROOM, the Parties shall check the state of conservation and cleanliness of the ROOM, as well as the maintenance of the inventory elements.
It is expressly agreed that, upon termination of the Contract, whatever its cause, the Sublessee shall be charged 120 euros for the cleaning and complete disinfection of the ROOM, in order to ensure the correct delivery of the ROOM to the next Sublessee.
Likewise, it is agreed as a penalty clause freely agreed by the Parties, that the Sublessee shall pay an amount equivalent to double the daily rent in force at any time, for each calendar day of delay with respect to the agreed date of eviction, until the eviction takes place in the terms indicated. The Sublessee shall also pay, the expenses detailed in Stipulation Ten below.
4.1.- Amount of the rent. The Sublessee shall pay the monthly rent agreed upon reservation of the ROOM on the BADI Platform, including applicable VAT, currently at the rate of 10%, which shall be due on the first day of each month and shall be paid monthly, in advance, within the first five (5) calendar days of each month.
Since the rent is subject to Value Added Tax, the Sublessor is obliged to pass it on to the Sublessee, stating so in the receipt issued for each monthly payment. Any other assessment on the rental income that may replace the tax in the future shall be for the account of the Sublessee. Likewise, in the event of a change in VAT or any other applicable tax, the monthly amount shall be altered accordingly.
The price of the last monthly payment shall be calculated according to the day of departure selected by the Sublessee at the time of booking and shall be subject to the following provisions:
– If the day of departure occurs on the first day of the month (day 1), the tenant shall not pay any amount corresponding to the rent for the current month in which his departure from the property takes place.
– If the day of departure occurs between the second (2nd) day and the tenth (10th) day, both inclusive, of the current month in which the tenant leaves the property, the tenant will be billed thirty-three point thirty-three percent (33.33%) of the total amount of the agreed monthly rent.
– If the day of departure occurs between the eleventh (11th) day and the twentieth (20th) day, both inclusive, of the current month in which the tenant leaves the property, the tenant will be billed sixty-six point sixty-six percent (66.66%) of the total value of the agreed monthly payment.
– If the day of departure occurs between the twenty-first (21st) day and the last day, both inclusive, of the current month in which the tenant leaves the property, the tenant will be billed one hundred percent (100%) of the value of the agreed monthly payment.
4.2.- Delay in payment. Delay in the payment of the rent and any other payment attributable to the Sublessee, according to this Agreement, shall entitle the Sublessor to demand from the Sublessee a late payment interest equal to the legal interest of money increased by two (2) points (equivalent to 200 basis points). Default interest shall accrue on a daily basis as from the day of the date of non-payment.
In the event that the Sublessee remains in default for a period of more than five (5) days, the Sublessor may demand, at its option, (i) the fulfillment of the obligation or (ii) the termination of this Agreement, with the corresponding eviction from the ROOM and, therefore, from the PROPERTY, with the Sublessee being responsible for all expenses arising therefrom, in accordance with the provisions of Stipulation TEN below.
Interest for late payment shall accrue until the Sublessee fulfills any obligation pending payment.
5.1. – In order to guarantee the fulfillment of all the obligations that this Contract imposes on the Parties, as well as the damages that could be caused, it is hereby recorded that the Sublessee has delivered to the Sublessor, at the time of request and formalization of the reservation of the ROOM through the BADI Platform, an amount equivalent to, 800-€ in case of a room and 1000-€ in case of an apartment or studio, which will be constituted as “Deposit”, after the approval of the reservation request and after the execution of BADI’s internal verification procedure.
The responsibilities assumed by the Sublessee in this Agreement shall not be limited to the amount of the Deposit, and Sublessor reserves the right to claim any higher amount that may be due to the Sublessee under the terms of this Agreement.
5.2. – Upon termination of this Agreement, the Sublessor shall return to the Sublessee the amount paid by way of Security Deposit within thirty (30) days thereafter, provided that the ROOM and the PROPERTY are found to be in a good state of repair and unless the Sublessor has retained or forfeited the same because it has been applied by the Sublessor, in whole or in part, to the repayment of the Sublessee’s deposit. The Sublessee shall not be liable for any loss or damage, or for the fulfillment of any payment obligation, or for the existence of any obligation that the Sublessee must still meet, in accordance with the provisions of this Agreement.
The delay in the return of the Deposit by the Sublessor shall entitle the Sublessee to request the corresponding legal interest for late payment.
Under no circumstances shall the posting of the Deposit authorize the Sublessee to stop paying the rent and other amounts due or to comply with other obligations, nor shall it prevent the Sublessor from exercising any legal actions that may correspond to it.
6.1.- Supplies, services and consumption. The ROOM is delivered, as an integral part of the PROPERTY, with its own water supply, electricity and telephone/internet connections.
The Sublessee shall pay on a monthly basis the proportion indicated below on the following common expenses of the PROPERTY: expenses for the supply of electricity, water, gas and internet. The proportion to be paid by the Sublessee shall be a fixed amount of 120€/month.
All amounts will be charged with the corresponding applicable VAT, and will be paid by the Sublessee by means of a charge to his/her account made by the Sublessor.
The Sublessee shall be jointly responsible for the improper or disproportionate use of the services and supplies of the PROPERTY and, consequently, of the ROOM, and therefore the excess cost that it generates shall also be borne by the Sublessee together with the rest of the occupants of the PROPERTY, in the proportional part attributable according to the proportions referred to above. Only when the exclusive responsibility for a cost overrun can be clearly and undoubtedly individualized by the Sublessor in the person of one or more subtenants, the Sublessor shall charge the cost overrun exclusively to the (co-)responsible subtenant(s). The Sublessee is aware and accepts that, as a general rule, it will not be possible to obtain the individualization, given the absence of individualized measuring instruments for the respective rooms of the PROPERTY. Therefore, the Sublessee and the other occupants or sublessees shall bear in proportional parts the additional cost of the services and supplies of the PROPERTY.
To this effect, the Parties agree that improper or excessive use is understood as a monthly increase of 10% of the consumption of m3 of water, kWh of electricity and/or gas with respect to the consumption of the same period of the previous month.
In the event that such improper or excessive use is detected in the last month of the Contract, the Sublessor may deduct it from the amount of the deposit, and the remaining amount, if any, shall be returned to the Sublessee, in accordance with the provisions of section 5.2 of Stipulation Five.
The Sublessor shall not be liable for any interruptions that may occur in any of the services and supplies of the BUILDING (e.g. elevator, electricity, water, television, internet, etc.) when caused by reasons beyond its control, nor shall it be obliged to make or bear deductions of rent for the interruptions, provided that the Sublessor acts diligently in resolving the interruption of the service or supply.
Sublessee may not, in any event and under any circumstances, discharge, terminate or change any meter or supply to the PROPERTY. In the event of doing so, the Sublessor may, cumulatively (i) apply the amount of the deposit to its satisfaction and (ii) claim from the Sublessee the amounts incurred, plus the default interest agreed in the following section, to return the PROPERTY to its initial state of meters and supplies.
6.2.- Maintenance, conservation and repairs to be carried out by the Sublessee. The Sublessee shall maintain the ROOM and the Shared Spaces of the PROPERTY in a state of adequate use and conservation during the entire term of the Agreement, and shall assume at its own expense, with full indemnity for the Sublessor, the cost of the works and maintenance, conservation, repair and, if necessary, replacement of the ROOM and the PROPERTY.
This includes the repair of any damage, whether caused by the Sublessee’s misuse or by a visitor:
– When it is damage to the ROOM, and/or to the furnishings or fixtures inside.
– When it is a damage that has occurred inthe Shared Spaces, and/or on the furniture or fixtures that exist in the same. In this case the cost of repairs or replacements shall be proportionally charged by all the subtenants of the PROPERTY. When the authorship of the damage can be individualized, in such a case, the sublessees may repeat against the responsible Subtenant at a later date.
By way of example, the Sublessee shall be responsible for the cost of repair and/or replacement in case of breakage of doors, windows, locks; breakage or deterioration of crockery and utensils; deterioration or breakage of household appliances due to misuse, unblocking of drains due to improper use of the same, among others.
The costs charged by the Sublessee may be anticipated by the Sublessor if the Sublessor receives notice from another Sublessee of the PROPERTY or neighbor of the BUILDING that such damage is causing damage to the rest of the PROPERTY and/or BUILDING.
In this case, the Sublessor shall charge the Sublessee for the costs incurred in the repair or replacement, and the Sublessee shall be obliged to pay the amount within ten (10) days following the date of which the payment is claimed by the Sublessor.
6.3.- Maintenance, conservation and repairs to be carried out by the Sublessor. The Sublessor shall be responsible for the rest of the maintenance and repair of the ROOM and the Shared Spaces, meaning those necessary to ensure their habitability.
In case there are structural or technical damages that interfere with the characteristics of the accommodation stipulated on the platform and these are validated by the maintenance team, the sublessor undertakes to relocate the sublessee to an accommodation of equal or superior category within the portfolio in the same city during the repair period. Only in the event that the sublessor is unable to offer a substitute stay of equal or superior characteristics, the sublessee will be allowed to cancel the contract without any penalty, provided that payment is up to date.
7.1.- The Sublessee shall bear the works of improvement whose execution cannot be deferred and those that affect the structural elements to be carried out in the PROPERTY.
The said works must be notified in writing to the Sublessee sufficiently in advance. In the event that such works entail the ineffectiveness of the use for which the ROOM is intended, the Sublessee shall have a period of one (1) month, from said notification, to withdraw from the Rental Agreement, receiving the part of the rent that has been paid in advance, if any, corresponding to the remaining term of the Agreement.
7.2.– The Sublessee may not carry out any type of work or modification in the ROOM or in the SHARED SPACES of the PROPERTY.
Despite not being considered as work, the Sublessee is expressly prohibited from making holes or perforations in the walls and tiled spaces of the ROOM or the SHARED SPACES of the PROPERTY, and the amount necessary to restore everything to its original state shall be deducted from the deposit in the event of non-compliance.
If at the end of this Agreement, for whatever reason, the Sublessor finds that the Sublessee has carried out any type of work or modification to the ROOM and/or the PROPERTY, the Sublessor may require the Sublessee to restore it to its original state, and the Sublessee shall be responsible for the costs involved, or else deduct the amount equivalent to one month’s rent paid as a deposit.
In addition to all that provided for in the previous Stipulations, the Sublessee undertakes:
– Not to keep or possess any animal, of any kind, in the ROOM and/or FARM.
– To strictly comply with the rules contained in the Code of Conduct.
– To comply, at all times, with the statutory and regulatory rules of the Community of Owners to which the BUILDING belongs and with the uses and customs of good neighborliness, avoiding causing disruption to neighbors and third parties, of which he/she declares that he/she has been sufficiently informed.
– To comply with the Ordinances of civic and neighborhood coexistence that are applicable in the municipality in which the PROPERTY is located, assuming any penalty that may be imposed on the Sublessor for breach of municipal regulations that is attributable individually to the Sublessee or to assume pro rata the penalty imposed for having breached collectively by several Sublessees.
– Not to place on the facade, balconies, terraces, overhangs and/or windows of the ROOM and/or, if applicable, of the PROPERTY, advertisements, signs, banners, flags, symbols or any other similar element.
– Not to possess, handle and/or store in the ROOM or in any of the Shared Spaces, any kind of flammable, explosive, illicit, unhealthy, noxious, harmful or dangerous substance or material in any form.
– To allow the entrance to the PROPERTY and, if applicable, to the ROOM, to the Sublessor and to the workers sent to carry out the pertinent works or repairs, as well as to check the operation of its services and facilities of the PROPERTY. The exercise of this power by the Sublessor shall require prior notice to the Sublessee 48 hours in advance. The Sublessee shall be liable for all damages that may be caused to the Sublessor, the legitimate owner of the PROPERTY or third parties, as the case may be, for the breach of this obligation.
– To allow the Sublessor to install a noise control system, complying in any case with the legislation on data protection, in case the Sublessor has received complaints from the neighbors of the BUILDING in relation to the noise produced in the ROOM or in the PROPERTY.
– Not to install any type of antennas, satellite dishes, repeaters, internet, etc., as well as refrigeration devices in the SHARED SPACES of the BUILDING, unless expressly authorized in writing by the Sublessor.
Failure to comply with the obligations set forth in this Stipulation shall be cause for termination of this Agreement, and the Sublessee shall be responsible for the costs of restoring the Sublessee’s property to its original condition.
9.1.- Assignment and subletting. The Sublessee may not under any circumstances sublet or otherwise assign the use, in whole or in part, of the ROOM or any of the Shared Spaces of the PROPERTY, nor assign this Agreement or the rights and obligations arising, under any title or circumstance, in favor of any third party.
9.2.- Right of first refusal. To the extent necessary, the Sublessee waives any right of first refusal that may correspond to it on the ROOM and on the PROPERTY.
10.1.- The breach by any of the Parties of the obligations resulting from the Contract shall entitle the party that has fulfilled its obligations to demand the fulfillment of the obligation and/or to promote the termination of the Contract in accordance with the provisions of article 1.124 of the Civil Code.
10.2.- The Sublessor may terminate the Contract, in addition to any other causes already indicated as well as those legally, derived from the actions of the Sublessee:
– When he receives a total of two warnings, by other subtenants or neighbors of the BUILDING, for excessive noise in the ROOM or in the Shared Spaces or by the receipt of any notification by the Town Hall or local Police from which it is derived the realization of noise or contravention of the Ordinances applicable to neighborhood relations.
– For non-payment of the rent, or of the amounts assimilated or analogous to the same, in the Terms and Conditions agreed in the Contract.
– For non-compliance with the Internal Regulations and/or the BUILDING Bylaws, and/or the Code of Conduct.
– For using the ROOM for a use other than that agreed upon and/or for carrying out annoying, unhealthy, noxious, harmful, dangerous or illegal activities in the ROOM.
– For the production of damages as a consequence of the performance of works or work prohibited or not consented to by the Sublessor, in the ROOM and/or in the PROPERTY.
– The assignment or subletting of the ROOM or the PROPERTY.
Failure to comply with any of the foregoing obligations shall entitle the Sublessor to take possession of the amount paid as security deposit, after notice to the Sublessee and failure to remedy the breach within a period of ten (10) days.
10.3.- The Sublessee must vacate the ROOM and the PROPERTY within a maximum period of twenty-four (24) hours following the date on which he/she has been notified of the resolution, and shall be obliged to pay the rent and similar or analogous amounts until the complete vacating and restitution of the ROOM and the PROPERTY in the state determined by the Sublessor. The Sublessee shall be responsible for the full cost of the eviction expenses incurred by the Sublessor in the event of resolution or termination of the Agreement, for any reason whatsoever, and failure of the Sublessee to vacate.
Any dispute or controversy that may arise in relation to or in connection with this Agreement shall be subject to the Jurisdiction of the Courts and Tribunals of the municipality in which the PROPERTY and the ROOM is located.
In compliance with the General Data Protection Regulation 2016/679 of 27 April 2016 and the Organic Law 3/2018 on Personal Data Protection, the parties will process the personal data that may exist in this Contract. The purpose of the processing is the maintenance of the contractual relationship by each of the Parties. The basis of the processing is the maintenance of the contractual relationship.
The Parties may exercise their rights of access, rectification, cancellation, opposition, limitation of processing, or portability, before the other party through written communication to the registered office listed at the beginning of this document, providing a photocopy of your ID card or equivalent document and identifying the right requested.
Likewise, the Parties may file a complaint with the Spanish data protection authority in the event that they consider that the current legal provisions on data protection have been violated.
13.1.- Extension or modification of the Agreement. Any extension or modification of this Agreement shall be recorded in writing in a supplementary document, which shall be added to this Agreement.
13.2.- Nullity or partial invalidity of this Agreement. If any of the provisions of this Agreement should be declared null and void or become ineffective, this shall not affect the validity or effectiveness of the Agreement itself or of the remaining provisions of the same, provided that the agreement could subsist without the provisions declared null and void, and the Parties shall be obliged to replace the provision in question with another valid and effective provision that comes as close as possible to the economic sense and purpose of the invalid or ineffective provision.
For the purpose of notifications, the Parties agree that these may be made by electronic means, provided that the authenticity of the communication and its content is guaranteed.
For the Sublessor: to the e-mail address provided during the reservation request on the BADI Platform.
For the Sublessee: firstname.lastname@example.org
The Sublessee agrees to comply with the following general rules of conduct:
– Maintain silence in the apartment to facilitate coexistence. In case you need to make some noise, do it between 10-22h, which is the time allowed by law.
– It is mandatory to keep the common areas clean and tidy every time we use them. Also the personal room.
– If you want to organize any kind of event/celebration in the apartment you have to inform/consult your roommates.
– You must leave the bathroom clean and in good condition every time you use it. Please use the room name stickers provided in case you share the bathroom.
– The kitchen must be left clean and in good repair each time it is used.
– The refrigerator should be organized as equally as possible among roommates. Please use the room name stickers provided.
– Please throw trash in the dumpsters when it is full. You will find dumpsters outside the building.
– It is not allowed to renovate, paint or modify anything in the room without prior consultation.
– It is forbidden to hang clothes in the common areas. You must use the clothesline or your own room.
– Smoking is not allowed inside the apartment. Including your room.
– It is not allowed to permanently accommodate anyone in your room, as stated in clause 2.2 (ii).
– No animals/pets are allowed unless explicitly approved.
– Parties are not allowed in the apartment.
– No noise of any kind is allowed by law after 10pm.
15.2. Common areas
Terrace (if there is one): Remember to keep the door closed every time you use it. If you are leaving the apartment for a few days, please check that the door is closed before leaving.
Living room: It is mandatory to keep the living room clean and tidy. If something gets dirty you have to clean it yourself, it is not the cleaner’s job. The cleaner will clean the surfaces and the common areas.
Kitchen: The kitchen space will be divided as equally as possible so that everyone has their own space to store food. This also includes the refrigerator space, where you will find stickers with the name of the room inside the refrigerator. Cooking utensils and cutlery should be cleaned each time they are used.
Bathrooms: Some bathrooms are common. Each time you use it you must leave it as it was before. Please keep it clean and tidy for your roommates. You will find stickers with the name of the room on the bathroom drawers and towel racks.
All rooms are delivered with:
– 2 large towels
– 2 hand towels
– Bathroom rug
– Bath towels
– Comforter covers
– 2 pillowcases
– 2 pillows
– 2 cushion covers
– 2 cushions
In the event that at the time of check-out all of the above-mentioned items are not found, the Tenant will deduct the cost of these items from the deposit, together with the operational costs of replacement.