- Effective date: May 2021

PLEASE READ CAREFULLY THE FOLLOWING GENERAL TERMS AND CONDITIONS OF USE BEFORE YOU MAKE ANY USE OF OUR WEBSITE PLATFORM, MOBILE APPLICATION AND/OR SERVICES (hereinafter referred to collectively as “BADI Platform”). THESE GENERAL TERMS AND CONDITIONS OF USE REGULATE THE USE AND ACCESS TO THE WEBSITE BADI.COM AND THE CORRESPONDING MOBILE APPLICATION AND THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS.

IF YOU ACCESS, REGISTER AND/OR, IN ANY WAY, USE BADI PLATFORM AND/OR PROVIDE ANY PERSONAL DATA TO BADI, YOU WILL BE GIVING YOUR UNCONDITIONAL, FULL AND EXPRESS ACCEPTANCE TO THE ENTIRE GENERAL TERMS AND CONDITIONS OF USE SET FORTH AND, AS INDICATED ON ITEM 1.1. BELOW, THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND BADI.

ADDITIONALLY, PLEASE NOTE THAT WHEN REGISTERING, ACCESSING AND/OR USING IN ANY GIVEN WAY BADI PLATFORM YOU ARE ALSO AGREEING TO BE LEGALLY BOUND BY OUR PRIVACY POLICY AND OUR COOKIES POLICY, SO WE KINDLY ADVISE YOU TO CAREFULLY READ AND UNDERSTAND THEM.

IF YOU ARE BASED IN THE EUROPEAN UNION, THEN THIS GENERAL TERMS AND CONDITIONS OF USE DO NOT AFFECT THE RIGHTS YOU MAY HAVE AS A BUSINESS USER OF ONLINE INTERMEDIATION SERVICES UNDER THE REGULATION (EU) 2019/1150 ON PROMOTING FAIRNESS AND TRANSPARENCY FOR BUSINESS USERS OF ONLINE INTERMEDIATION SERVICES.

IF YOU DO NOT AGREE TO ANY OF THE ABOVE, WE KINDLY ASK YOU TO IMMEDIATELY STOP USING AND/OR ACCESSING BADI PLATFORM.

Last but not least, please note that this General Terms and Conditions of Use are in compliance with Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (“Directive on electronic commerce”), the Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 as regards the better enforcement and modernisation of European Union consumer protection rules, as well as any applicable local law.

Indeed, in compliance with the provisions of electronic commerce and consumer protection, we kindly provide you with the following details of the owner of badi.com and Badiapp:

We are BADIAPP TECHNOLOGIES, S.L.(hereinafter referred to as “BADI”)

Our registered office is at: Ronda Sant Pere 16, 08010 Barcelona (Spain)

We are registered at: Companies Registry of Barcelona

Registration details: Vol. 47132, page 91, sheet B-542190.

Our VAT number is: B-67536458

Our contact email is: info@badi.com

These General Terms and Conditions of Use and the related Privacy and Cookies Policies are a LEGALLY BINDING AGREEMENT BETWEEN YOU AND BADI (hereinafter referred to as the “Agreement”) to which You are agreeing to enter when accessing, registering and/or in any way using our Platform.

In the Agreement:

Indeed, please note that the Agreement sets out the following:

Due to the great importance of the content of this document, we kindly invite You to contact us in case You don’t understand any of the above and want to talk to us about it. For these purposes, You can contact us at: info@badi.com

BADI is committed to serve its Users with utmost care and diligence. Therefore, please let us know if You would like the Agreement and/or any related information to be provided to You in another format (i.e. audio, large print, etc.) and we will use our best endeavors to assist You. In this regard and since our app is available for mobile devices, we kindly advise You not to use it when driving or in any situations that may endanger your safety and others.

Last but not least, please note that IF YOU WOULD LIKE TO TERMINATE THE AGREEMENT, YOU CAN DO SO BY CLOSING YOUR ACCOUNT AND NO LONGER ACCESSING OR USING OUR PLATFORM. HOWEVER, IF THE AGREEMENT IS TERMINATED, IT WILL NOT AFFECT BADI’S RIGHT TO RECEIVE ANY MONEY WHICH YOU OWE TO BADI UNDER THE AGREEMENT (please see section 5. below).

We are constantly trying to improve our BADI Platform and BADI Services, so this Agreement may need to change along with our Platform. We reserve the right to change this Agreement from time to time. We will provide you with reasonable prior written notice of any change. If you do not agree to any amendments to this Agreement, you shall (as your sole remedy) stop using our BADI Platform and BADI Services. By continuing to use the BADI Platform and BADI Services, you are providing your agreement to be bound by the updated terms of our General Terms and Conditions of Use and Conditions of Booking Systems.

If you are a business user of online intermediation services, we will provide you with reasonable advance notice of at least 15 days and the opportunity to review the changes, except (i) when we are subject to a legal or regulatory obligation which requires to change our General Terms and Conditions of Use in a manner which does not allow us to respect this notice period, or (ii) in urgent situations, such as preventing ongoing abuse, data breaches or other cybersecurity risks.

Additionally, WE KINDLY ADVISE YOU TO REGULARLY REVIEW THESE GENERAL TERMS AND CONDITIONS OF USE TO STAY ABREAST OF ANY CHANGES WE MIGHT NEED TO MAKE SINCE, IF YOU ACCESS OUR PLATFORM AFTER ANY CHANGE IS MADE TO THESE GENERAL TERMS AND CONDITIONS OF USE, YOU ARE EXPRESSLY AGREEING TO THE CONTENT OF THE NEW GENERAL TERMS AND CONDITIONS OF USE.

“Agreement” refers to these General Terms and Conditions of Use as well as our Privacy Policy and our Cookies Policy, which ARE ALTOGETHER A LEGALLY BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND BADI.

“Badi Booking System” refers to the functionality offered by BADI that allows Users to formalize the Rental of Premises.

“BADI Cancellation Penalty” refers to the amount charged by BADI either to the Lister and/or to the Seeker and which both the Lister and the Seeker undertake to pay in the event of omitting to perform the terms imposed upon them in relation to the cancellation of a rental. We inform you that, in the event of lack of payment within the 30 days period, BADI reserves the right to block/ban the Lister account. BADI Cancellation Penalty is expressly agreed by Users as compensation to BADI for the disruption and for the detrimental impact on the confidence in BADI Platform and its community. You agree that the actual damages for such cancellation are uncertain and difficult to ascertain, but that such amount represents our good faith attempt to calculate an appropriate compensation. As such, you agree that such cancellation penalty amount is liquidated damages and not a penalty clause.

“BADI Content” refers to all material that BADI shares through its Platform and any content that is property of BADI or authorized by third parties found in BADI Platform.

“BADI Inbox” refers to one of BADI Platform features, which allows registered Users to Exchange information.

“BADI Platform” refers to any web pages, applications or other platforms and/or means of access, made available by BADI.

“BADI Services” refers to BADI services associated with the use of BADI Platform and the completion of Rental Requests.

“BADI Service Fees” refers to the amount charged by BADI for the provision of online platform services and it includes the fees that BADI may charge to the Lister (hereinafter, “BADI Lister fees”) as well as the fees that BADI may charge to Seekers (hereinafter, “BADI Seeker fees”).

“Compliance Violations” refer to any aspect of either (i) the Premises that would make it uninhabitable, a health risk, and/or any substantial modifications that differ from the description provided by the Lister in the Listing or (ii) the Lister or Seeker, whose identity and/or circumstances substantially differ from his/her profile and in which the Seeker or Lister has relied upon when confirming the Rental Request and the entity of which is ultimately to be determined by BADI.

“Deposit” refers to the amount that the Lister may on an optional basis request from the Tenant as a guarantee in the event of any problem with non-payment or the use of the Premises.

“Enquiry” refers to the request sent either by the Lister or by the Seeker to each other in order to discuss the details of a Listing.

“First Transfer” refers to the amount paid by the Seeker to the Lister after the Rental Acceptance, and whose aim is to ensure the operation goes smoothly for both parties. The First Transfer amount will be retained for a maximum of ninety (90) days before the Move-in Date and it will be subject to the mandatory release and transfer to the Lister following such period.

“General Terms and Conditions of Use” refers to this document.

“Lease” refers to the private rental agreement entered between the Lister (acting as lessor) and by the Seeker (acting as lessee), regarding which BADI IS NEITHER PART NOR EXERTS ANY INFLUENCE OR CONTROL UPON.

“Lister” refers to anyone who publishes a Listing of premises on BADI that is available for rental by a Seeker. Listers can be physical persons or legal entities, as well as any other entity that is the property owner, or is in possession of a title that allows them to rent on behalf of the owner or is in possession of a title directly issued by the property owner that allows them to rent on his/her behalf”, any premises intended for rental for a continuous period of 32 days or more. It is the Lister’s responsibility to ensure that the rental period published is in accordance with the applicable national, regional and/or local regulations in force where the Premises are located. Listers are independent contractors of Seekers and not employees, representatives, agents, joint ventures, independent contractors or franchisees of BADI. BADI does not employ individuals as Listers. You hereby acknowledge that BADI does not supervise, direct, control or monitor the Lister and expressly disclaims any responsibility and liability for services provided by Lister, including but not limited to any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.

“Listing” refers to any Premises published with the purpose of being available to rent by a Seeker using BADI Platform.

“MATCH” happens when both the Lister and theSeeker are interested in their respective profiles. It is necessary to make a MATCH in order to be able to send a Rental Request or Rental Acceptance, and to use the BADI Inboxs.

“Move-in Date” refers to the date on which the Seeker indicates, upon confirming the Rental Request, that they will move into the Premises.

“Move-out Date” refers to the date on which the Seekers indicate, upon confirming the Rental Request, that they will move out of the Premises.

“Premises” refers to the available accommodation published using BADI Platform and available for a Seeker to request a rental. For avoidance of doubt, available accommodation refers to one (1) bedroom apartments, studios, full properties, and single rooms, which may include the. right to use shared common areas. Shared rooms are not considered as available accommodation in this General Terms and Conditions and, therefore, are not allowed.

“Recommendations” refers to suggestions that BADI might communicate to Listers based on the preferences provided by them during the registration process.

“Rental Acceptance” refers to the formal acceptance of a Rental Request either by the Lister or by the Seeker.

“Rental Confirmation” refers to the email sent by BADI regarding the full completion of the rental of a Listing through BADI Platform.

“Rental Rejection” refers to the formal rejection of a Rental Request either by the Lister or by the Seeker.

“Rental Request” refers to a proposal sent either by the Lister to the Seeker or, vice versa, to finalise the rental of the Premises. This Proposal can be made within a Listing through the “Request to Rent” button available at BADI Platform, within the BADI Inbox. The Rental Request contains the Move-in Date, Move-out Date, the Deposit amount if applicable, the Badi Service Fees and the Rent Amount.

“Seeker” refers to any person or entity who registers on BADI Platform and requests a rental for the lease or sublease (in either case, “Lease” will be used), through the same platform, of any premises in which they are neither the tenant, lessee, landlord or owner.

“Tax” refers to any applicable taxes.

“User” refers to any person or entity who accesses and/or uses BADI Platform. Badi Platform Users must be of legal age pursuant to the applicable national, regional and/or local legislation where the Premises are located and Users, by navigating and/or accessing Badi Platform, represent and warrant that they do comply with such legal requirements.

They are a website and its correspondent mobile application, owned by BADI which allow Users to post and find offers for the Lease of Premises for a medium to long term period of time in respect of which: 

(i) Listers hold the legal rights or possess the necessary legal faculties to lease them; and

(ii) Seekers possess the necessary legal faculties to enter into a Lease as a lessee.

Please note that BADI IS SOLELY AND STRICTLY AN ONLINE PLATFORM THAT SERVES AS A CONNECTION POINT BETWEEN USERS INTERESTED IN OFFERING or RENTING PREMISES FOR A CONTINUOUS PERIOD OF 32 DAYS OR LONGER. In any event, it is the Users responsibility to verify that the offered rental period is in conformity with the applicable local or regional legislation in force where the Premises are located.

UNDER NO CIRCUMSTANCES DOES BADI OFFER: 

(i) INTERMEDIARY SERVICES IN THE REAL ESTATE SECTOR; OR

(ii) INTERMEDIARY SERVICES IN THE LODGING/TOURIST RENTAL SECTOR; AND

(iii) BADI DOES NOT EXERT ANY INFLUENCE OVER THE OFFERING or LETTING OF PREMISES BETWEEN USERS.

FURTHERMORE, BADI DOES NOT FORM PART OF THE LEASE AND SUCH AGREEMENT WILL EVENTUALLY BE ENTERED ONLY BETWEEN USERS, WHO ARE THE ONLY ONES WHO FREELY AND INDEPENDENTLY STABLISH THE CONDITIONS OF SUCH AGREEMENT. BADI DOES NOT HAVE CONTROL AND DOES NOT OFFER ANY SUPERVISION OVER THE LEASE AND, THEREFORE, BADI IS EXEMPT FROM ANY RESPONSIBILITY, SHOULD ANY TYPE OF CONFLICT, DISAGREEMENT OR GRIEVANCE ARISE FROM SUCH LEASE. ANY CIRCUMSTANCE DERIVED FROM THE AFOREMENTIONED LEASE SHOULD BE SOLVED BETWEEN THE USERS THEMSELVES. FURTHERMORE, BADI WILL NOT TAKE PART IN NEGOTIATIONS DERIVED FROM THE LEASE OR ANY OTHER TYPE OF AGREEMENT, NOR WILL BADI ACT AS AN INTERMEDIARY IN ANY WAY IN ANY DISPUTE THAT ARISES AS A CONSEQUENCE OF SAID AGREEMENTS.

However, BADI recommends that both the Seeker and the Lister read carefully the Lease, or any other agreement set forth by both parties, as it will be the document that governs the relationship between them.

If there is a dispute between Users on the BADI Platform or the BADI Services, or between users and any third party, you agree that BADI is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release BADI, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

IT IS CRUCIAL THAT YOU UNDERSTAND THAT THE BADI SERVICES OFFERED BY BADI ARE CONSIDERED FINALISED UPON CONFIRMATION OF ANY RENTAL, UNLESS OTHERWISE EXPRESSLY SPECIFIED HEREIN.

Users freely determine rental prices. BADI does not recommend rental prices to the Users and is not in any way liable for taxes arising out of or derived from any Leases. Additionally, Users are solely responsible for the Listings, the taxes and any other obligation arising from the Leases, as well as any charges or encumbrances or contractual or extracontractual liability arising in connection with the lease and the relationship established between the Users. Users expressly agree to hold BADI harmless in this regard.

Therefore, USERS ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL, REGIONAL, STATE OR NATIONAL LAWS THAT ARE APPLICABLE IN EACH CASE AND USERS EXPRESSLY AGREE THAT THEY WILL HOLD BADI FREE AND FULLY HARMLESS FROM ANY THIRD-PARTY CLAIMS.

Last but not least, BADI reserves the right to freely assign spaces, sections or pages of the Platform, even interspersed with the contents of the User, for the inclusion of contents for advertising or promotional purposes or that are subject to sponsorship, without the obligation to obtain the consent of the Users in this regard.

Please note that You can reach us:

Please note that our Customer Support Services are available: 9.00 to 18.00 CEST Monday to Friday, and from 9.00 to 15.00 CEST Saturday and Sunday. 

Additionally, You agree that BADI and/or its subcontractors may contact You or provide notices and messages to You either within the BADI Platform, or by sending them to the contact information that You provided upon registering in BADI Platform in relation to your use of the BADI Platform. In this regard, You expressly agree to keep such contact information up to date at all times. In particular, note BADI will be entitled to (i) cancel any rental if Lister does not answer to Badi Customer Support team approaches 48 hours before the Move-in Date; and (ii) block the User account/cancel the existing rental when, due to well-founded suspicions of a fraudulent activity, the Badi Customer Support has sent a relevant communication to Users (both Listers and Seekers) without any reply to Badi.

In case of discrepancies, please note this Agreement prevails over any information contained in the communications you may have with BADI.

(i) You expressly AGREE AND WARRANT THAT:

Please note that any acts or omissions contravening the above will constitute a violation of the Agreement and, therefore, such acts or omissions shall entitle BADI to suspend, ban or cancel your account and to take the appropriate legal actions.

Users will be responsible for the inaccuracy or lack of veracity of the information provided. In the event that the User provides any false, inaccurate or incomplete information or if BADI considers that there are reasonable grounds for doubting the veracity, correctness and completeness thereof, BADI may deny You the present and future access and use of the BADI Platform or any of its contents and/or services. BADI cannot guarantee the identity of registered users, therefore it will not be responsible for the use of the identity of a User registered by non-registered third parties.

Users are fully responsible for the access and correct use of their profile and other contents of the Platform subject to current local, regional, state or national legality, as well as principles of good faith, morality, good manners and public order. And specifically, they commit to diligently observe the present General Terms and Conditions of Use.

(ii) You expressly AGREE AND WARRANT THAT YOU WILL NOT:

Users shall refrain from using their profile and the rest of the contents of the BADI Platform for illicit purposes or effects that are detrimental to the rights and interests of third parties, or that in any way can damage, disable, affect or impair BADI Platform, its content, and its services. Likewise, it is prohibited to prevent the normal use or enjoyment of the Platform to other Users and You are responsible for anything that happens through your account unless You close it or report misuse.

BADI will not be held responsible for publishing, and expressly declares that it does not identify with any of the opinions that may be issued by the Users of the BADI Platform, who assume all the consequences for any comments they may issue.

Those who fail to comply with such obligations will be liable for any damages or harm they may cause. BADI shall not be held liable for any consequences, damages or losses that may arise from such access or use by third parties. Indeed, You agree to indemnify and hold harmless BADI and its directors officers, employees and collaborators in respect of all claims, liabilities, damages, losses and expenses which are connected with:

(i) the breach of the Agreement;

(ii) the improper use of BADI Platform; and/or

(iii) the breach of any applicable laws or regulations, specially those applicable pursuant to the location of the Premises.

Any User may report another User when he believes that he is in breach of the Agreement, and all Users may inform BADI of any abuse or violation, through the email info@badi.com. BADI shall verify the reported information as soon as possible and shall take such action as it deems appropriate, reserving the right to withdraw and/or suspend any User of the BADI Platform for breach of the Agreement. BADI also reserves the right to withdraw and/or suspend any message with illegal or offensive content, without the need for prior notice or subsequent notification.

If necessary, BADI will provide the police, security forces and bodies and/or other competent authorities with the pertinent information to understand whether the User’s activity may constitute a crime or an offence.

 In order to be a User of BADI Platform, the following requirements must be met by the User:

This Booking Policy regulates the relationship between Lister and the Seeker through BADI Platform only with regards to the functioning of BADI Booking System, notwithstanding the subsequent conditions agreed upon by the parties in the private Lease. 

As a precondition for using BADI Booking System, both the Lister as well as the Seeker represent and warrant that they: 

Pursuant to applicable regulations on electronic commerce, we kindly provide You with the details of BADI Booking System, in particular:

Users—Listers as well as Seekers—must sign up and obtain a User Account, subject to the Agreement, and enter the information indicated below.

Lister:

Seeker:

Once the User Account is obtained, the Lister can upload the necessary information of the Premises, this is:

BADI Platform allows Users to exchange information through the use of BADI Inbox and the following sequence of actions might follow:

Please note that Users can send as many Rental Requests as they want to those Users with whom they have make a MATCH. However, the Confirmation of one of them will automatically cancel the remaining pending Rental Requests.

In case a Rental Request is sent either by the Lister or by the Seeker, BADI will send a rental proposal to the other party, who will have 72 hours to accept or decline the rental. If, after 72 hours, BADI has not received a response, BADI will consider the rental proposal expired.

In the event that the rental proposal is accepted, and after payment by the Seeker of the First Transfer, BADI will confirm the details of the rental with both the Seeker and the Lister via email and SMS. In addition, this information will appear in the corresponding section within the respective User Account.

If the Rental Confirmation message sent by BADI contains an error or the User is for any reason not compliant with the information, the User should proceed to inform BADI of the reasons they believe there to be an error.

The Lister is solely responsible for ensuring that the rental price of the Premise complies with local, regional, state or national laws that apply to it, and for duly reflecting it in the Listing.

Users freely determine rental prices, and Listers can modify them at their convenience PRIOR to sending a Rental Request to any Seeker. Please note that once the Seeker accepts a rental correctly, and the Lister confirms it, the price determined by the Lister—both of the rental and monthly rental sum—cannot be modified. BADI does not recommend prices to its Users. Under no circumstances, the Lister may request the Seeker for intermediary fees unless allowed by applicable regulations where the premises are located and explicitly stated by the Lister in the listing description.

BADI is not in any way liable for taxes arising out of or derived from any such Leases. Therefore, Users are the sole responsible for the tax, any other obligations arising from the Lease, as well as any charges or encumbrances or contractual or extracontractual liability arising in connection with the lease and the relationship established between the Users, and Users expressly agree to hold BADI harmless in this regard. Indeed, Users are solely responsible for compliance with local, regional, state or national laws that are applicable in each case.

At the moment of the Rental Acceptance and before making the payment, BADI will provide detailed information about BADI Fee amounts. Please note that fees might not be applicable depending on the location of the Premises. Therefore, we kindly invite you to check the information icon appearing next to the payment breakdown appearing before the confirmation of a Rental Request.

Users expressly authorize BADI to charge such fees before the Rental Confirmation, together with the First Transfer amount equivalent to the first month’s rent. In the event of subsequent cancellation of the Rental Confirmation, these fees will be charged as indicated in the cancellation policy provisions in sections 2.2.2.5. and 2.4. below, and will not be reimbursable by BADI, unless expressly provided for.

After the Seeker or the Lister accepts the Rental Request and BADI has sent the Rental Confirmation to both the Seeker and the Lister, including the contact information of both parties, it is the responsibility of the Lister to provide any additional instructions to the Seeker about his move into the Premises, for which purposes Badi Customer Support team may contact the Lister. In the event that the Lister does not reply to said communications within 48 hours, BADI will understand that the Lister has cancelled the rental, being applicable the Cancellation Policy provided for in Clause 2.4. The Lister must provide such instructions at least 48 hours before the Move-in Date.

The Lister guarantees that the Premises rented by the Seeker are in reasonable conditions with regard to its livability and, in particular, the Lister guarantees that the characteristics of the Premises and terms related to the price of the Lease are in accordance to those that were published in the Listing of the Premises, as well as that no additional cost or charges are applicable in detriment of the Seeker. The Lister also guarantees that the Premises count with an occupancy certificate (or any additional necessary documentation or certificate) issued by the corresponding competent authorities, in accordance with the applicable regulations. In addition, the Lister guarantees that any applicable ground rules or code of conduct to which the Seeker is required to adhere to are explicitly stated in the Listing and they are brought in due course to the Seeker’s attention before the Move-in Date.

The Seeker guarantees that the information provided about himself/herself is accurate and that it includes any circumstances applicable to him/her that might be relevant for the Lister or should be considered by the Lister (such as, the need to climb stairs, or the presence of pet(s) on Premises).

In certain circumstances, BADI may decide, in its sole discretion, that an agreement in writing by the Lister and the Seeker constitutes valid evidence and/ or supporting documentation in order to decide the outcome of a dispute regarding Badi’s Cancellation Policy between the Users.

If You use BADI Platform, You agree to pay BADI the applicable BADI Service Fees, BADI Cancellation Penalty and Taxes or expenses that You might be obliged to pay according to the applicable regulations. In case You agree to purchase the Pre-paid Services (the Boosting Service and the BADI Gold) as described in Clause 2.6, You undertake to pay the specific corresponding amounts for these Pre-paid Services. All prices are indicated in the currency where the room is located and might be increased by any applicable taxes, such as VAT.  

Please note that any failure to pay any of the above BADI Fees will constitute a breach of the Agreement and it will entitle BADI to take the appropriate legal actions.  

You also agree that:

(i) The payment for your Rental may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates); and

(ii) We may calculate Taxes payable by You based on the billing information that You provide us at the time of purchase.

(iii) You will assume any Taxes and obligations arising from the BADI services provided that the competent authorities may require or that are established in the regulations in force.

Payment processing services for BADI are provided by Stripe Technology Europe, Limited (Stripe) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By using the BADI Platform or BADI Services, You agree that:

As a condition for Stripe to be able to process the payments mentioned above, You agree to provide BADI accurate and complete information about You and your business, and You authorize BADI to share it and transaction information related to your use of the payment processing services provided by Stripe.

BADI shall not be liable for any damage or loss attributable to Stripe.

Users expressly consent and acknowledge that they will lose the withdrawal right set forth once a distance and off-premises agreement has been fully performed by the trader.

As previously indicated in section above, BADI services are considered completed when rental is confirmed and, subsequently, no withdrawal right may be exercised by the User after such confirmation has taken place.

During the Move-in Date: 

(i) the Seeker can inform BADI about any aspect of the Premises that he considers a Compliance Violation, as well as notify BADI about any aspects of the Premises that are not truthfully explained or represented on the Listing, by sending an email to bookings@badi.com, including the rental ID number and attaching required visual evidence (photos and/or videos). 

(ii) both the Lister and the Seeker can inform BADI about any aspect of the Seeker/Lister, respectively, that they consider a Compliance Violation, by sending an email to bookings@badi.com, including the rental ID number and supporting evidence.

Once BADI team has received the email, at their own discretion, they will verify and evaluate the situation. In the event that, after revision by BADI team, a Compliance Violation is found, the following will apply:

If the cancellation is due to circumstances included in (i) above, BADI will charge the Lister’s BADI Services Fees and will also charge the Lister a Cancellation Penalty equal to 100% of the First Transfer, which may be debited from the credit card provided by the Lister or to be paid by bank transfer executed in favor of BADI, as applicable, while BADI will refund the full amount corresponding to the First Transfer and the Tenant’s Fees to the Tenant.

If the cancellation is due to circumstances included in (ii) above:

The Lister can send a cancellation request to Badi Customer Services in order to cancel any Rental without any penalty if such cancellation takes place within 15 days or a longer period before the Move-in Date and the Lister duly informs BADI about such cancellation by email.

If the Lister cancels:

a. 15 or more days before the Move-in Date, BADI will reimburse the Seeker’s fees as well as the First Transfer to the Seeker, provided that Seeker is in compliance;

b. 14 or less days or earlier before the Move-in Date, BADI will charge BADI’s Lister fee and will also charge the Lister a BADI Cancellation Penalty for an amount equal to 25% of the First Transfer, which may be debited from the credit card provided by the Lister or payed by a bank transfer to be executed in favor of BADI, as the case may be, whereas BADI will reimburse to Seeker the full amount corresponding to the First Transfer and BADI’s Seeker fees, provided that Seeker is in compliance; and

c. 6 days or less before the Move-in Date, BADI will charge BADI’s Lister fee and will also charge the Lister a BADI Cancellation Penalty an amount equal to 50% of the First Transfer, which may be debited from the credit card provided by the Lister or payed by a bank transfer to be executed in favor of BADI, as the case may be, whereas BADI will reimburse to Seeker the full amount corresponding to the First Transfer and BADI’s Seeker fees, provided that Seeker is in compliance.

The Lister expressly agrees to pay the above-mentioned amounts and accepts that BADI will send a payment request which shall be payable by the Lister within 30 days.

Extenuating Circumstances for Cancellations by the Lister

In the event that the Lister sends a cancellation request to Badi Customer Services in order to cancel an accepted rental due to an extenuating Circumstance reason as indicated below, BADI may waive the Cancellation Policy in the terms set out below.

Please note that the following are the only Extenuating Circumstances that BADI may consider:

Additionally, please note that this waiver may only be applied by BADI if the following conditions are met:

The Seeker will be able to send via email a cancellation request to BADI customer support, in order to cancel any rental, provided such cancellation request takes place within 24 hours after the Rental Confirmation. In such cases, said cancellation request will be attended by BADI customer support and will entail the return of the First Transfer to the Seeker, without the BADI Fees being refundable in any case.

Additionally, the Seeker can send via the email a cancellation request to BADI customer support in order to cancel any rental, without the BADI Fees being refundable in any case.

If the Seeker cancels:

a. 15 or more days before the Move-in Date, BADI will reimburse the First Transfer to the Seeker and will retain BADI’s Seeker Fees;

b. 14 days or less earlier before the Move-in Date, BADI will retain BADI’s Seeker fee and will retain an amount equal to 50% of the First Transfer as BADI Cancellation Penalty, which will be transferred to the Lister and BADI will reimburse the Seeker the remaining 50% of the First Transfer; and

c. 6 days or less before the Move-in Date, BADI will retain BADI’s Seeker fee and will also retain an amount equal to 100% of the First Transfer as BADI Cancellation Penalty, which will be transferred to the Lister.

Extenuating circumstances for cancellations by the Seeker

In the event that the Seeker sends a cancellation request to Badi Customer Services in order to cancel an accepted rental due to an extenuating Circumstance reason as indicated below, BADI may waive the Cancellation Policy.

Please note that the following are the only Extenuating Circumstances that BADI may consider:

Additionally, please note that this waiver may only be applied by BADI if the following conditions are met:

In certain circumstances, BADI may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed rental and initiate corresponding refunds and payouts. This may be for Extenuating Circumstances or (i) where BADI believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to BADI, other Users, third parties or property, or (ii) for any of the reasons set out in this Agreement.

Please note that BADI classifies the Services offered on the website or the corresponding mobile application according to the following main parameters:

Quality of the Lister: it is evaluated depending on its score out of 5. To determine the score, the number of rentals in the platform, the verification of contact details, the addition of payment details, the speed in replying to other users, etc. is considered.

The system applies this scoring basis to all offers and assigns a percentage of the available points to each of them (for example, 100% of the points if it is the best positioned for the criterion in question), and proportionally less percentage as it moves away from the first position for the selected criterion. Please note that, in certain cases, the classification of BADI Service’s may be altered as a result of commercial agreements we have with our affiliate entities.

BADI Guarantees are an additional BADI Service that BADI may, in its discretion, offer its Users provided that all the relevant conditions indicated hereinafter are properly met and duly documented. Therefore, such guarantees do not require any opt-in or selection from your side.

BADI reserves the right to modify or withdraw the guarantee policy at any time and at its sole discretion.

BADI guarantees will be based on the length of the stay indicated on the Rental Confirmation sent to Lister and Seeker by BADI and, if the length of the stay is indicated as  undefined by the Users, the guarantees will apply for a period of thirty two (32) days.

In addition to the standard platform services, BADI offer Listers the option to purchase a “Boosting Service” (hereinafter, the “Boosting”) for each Listing created by them. The Boosting is an additional service to the standard BADI platform services.

By purchasing the Boosting, Listers get access to a service consisting in making their listings stand out using the highlighted format. The “boosted” listings will have a different format in order to be easily identified; in particular, the room cards will have a remark of “Boosted” in the top right-hand side. There is no limit on the number of Boosting that can be purchased by the same Lister. However, two Boosting cannot be simultaneously purchased for the same Listing (i.e. if a Boosting is purchased for a listing, no purchase for said listing can be done until expiry of the first Boosting term). The relevance of the “boosted listings” may be altered by other particular ranking parameters set by the Seeker (for example, the monthly budget, the availability, the number of roommates, etc.).

Listers can find a description of the Boosting options available on BADI’s website. In addition, detailed information about the specific available services will be provided upon creation of their BADI account. The Boosting requires a one-off payment for a pre-paid period in which Listers will benefit from the services included in the plan regarding the selected Listing/s.

In addition to the standard platform services, BADI offers Listers the option to purchase BADI Gold for each Listing created by them. BADI Gold is an additional services to the standard BADI Platform services.

By Purchasing BADI Gold, Listers get access to a service consisting in being able to receive requests by Seekers within the BADI Inbox and therefore chat with them. BADI Gold allows Listers to have access to the full profile of Seekers and, in the event of appreciating compatibility and doing a MATCH, open a conversation to explore the possibility of formalizing a Rental Request.

BADI Gold is non-transferable from one Listing to another of the same Lister, so the BADI Gold of one Listing cannot be applied to another Listing.

Likewise, in the event that BADI Gold is to expire, the Lister must contract a new one for the same Listing in order to continue enjoying the benefits associated with it on the BADI Platform. The Lister must take into account that the BADI Gold has a specific expiration date, so that the fact of temporarily unpublishing the Listing will not suspend the term of the BADI Gold.

Listers can find a description of the BADI Gold options available on BADI’s website. In addition, detailed information about the specific available services will be provided upon creation of their BADI account and / or when uploading a Listing. The BADI Gold requires a one-off payment for a pre-paid period in which Listers will benefit from the services included in the plan regarding the selected Listing/s. BADI will explain all the details of the BADI Gold to Listers when they contract it, and always before payment.

The Boosting Service and BADI Gold may be simultaneously contracted by a Lister for a Listing, in accordance with the terms and conditions of each of these services provided for Listers.

BADI has created a process consisting of several steps in which the Lister must proactively choose options and explicitly accept the final purchase price and conditions which are visible at that stage, so no claim in this regard shall be deemed appropriate. Therefore, it is not technically possible to make “accidental” purchases of the Pre-paid Services. In addition, due to the listing-based nature of the Pre-paid Services (i.e. the services purchased are linked to a specific Listing) no automatic renewal will take place unless the Lister, upon expiry of the Pre-paid Services purchased, purchases once again any of the Pre-paid Services.

BADI reserves the right to modify, terminate or otherwise amend the offered services within the Pre-paid Services at any time in accordance with this General Terms and Conditions of Use. Since the Boosting Service and the BADI Gold are a Pre-paid service, if requested, cancellation can only be effective upon expiry of the term of the plan purchased. If Listers wish to cancel the Pre-paid Services before expiration of its term, BADI will not refund any fees already paid. If Listers wish to receive a full refund due to extraordinary circumstances, Listers must contact BADI Customer Services. BADI Customer Services will determine at its sole discretion whether extraordinary circumstances have occurred and, only if that were the case, BADI may refund the amounts in the same payment method as used by the Lister.

Pre-paid services may be discontinued in the future, in which case Listers will not be able to opt-in certain or all the Pre-paid Services. BADI will make reasonable efforts to keep the Pre-paid Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements may, from time to time, result in temporary interruptions. BADI reserves the right to periodically and at any time, modify or discontinue, temporarily or permanently, functions and features of the Pre-paid Services. We will provide you with reasonable prior notice of any change where possible. The Pre-paid services will not be refunded in any of the aforementioned situations, except if the Lister has pre-paid fees to BADI to purchase the Pre-paid Services and BADI permanently discontinues the service prior to the end of the pre-paid period. In this specific case, BADI will refund the pre-paid fees for the pre-paid period after such discontinuation.

In the event that the Seeker deliberately causes damages to the Premises during their stay and the repair costs exceeds the Deposit privately agreed between Lister and Seeker, BADI may provide coverage up to the value of 400€ at the company’s discretion if the following requirements are met:

The Lister must contact BADI customer support within 48h from the date the damage was caused, accompanied with the following supporting documentation:

BADI customer support will then open a ticket (i.e. a file) regarding your case for investigation and BADI will contact the Seeker for further verification. Additionally, within seven calendar days after notifying BADI customer support, the Lister must send the receipts corresponding to the repairs undertaken.

BADI customer support reserves the right to contact any relevant party to verify the information submitted by both the Lister and the Seeker.

The guarantee will only cover the damage area or object and not the labour costs, transportation or taxes (VAT) and please note that the following items will be excluded from the guarantee:

Additionally, Badi guarantees will not cover damages due to normal wear and tear.

In the event that the Seeker leaves the Premises before the agreed Move-out Date without having paid the outstanding amount to such Move-out Date to the Lister and the agreed Deposit amount privately agreed between Lister and Seeker does not cover said amount, BADI may pay the Lister the outstanding amount equal to up to 30 days rent from the date the Seeker left the accommodation according to the rental price indicated in the Rental Confirmation sent by Badi to both Seeker and Lister.

Please note that such guarantee may only be applicable provided the following conditions are met:

The Lister must contact BADI customer support within 48h from the date the Seeker left the Premises, accompanied with the following supporting documentation:

BADI customer support will then open a ticket (i.e. a file) regarding your case for further investigation and will contact the Seeker to confirm the departure date.

If the investigation ends with a positive result, BADI will re-publish the Listing to help the Lister on finding a new Seeker as soon as possible.

Please note that this guarantee will exclusively be applied if the following conditions are met:

In the event that a new Seeker moves-in within this 30-days period, BADI may only pay the Lister the amount corresponding to the days the accommodation was effectively empty.

In the event that the Lister submits a cancellation request of an accepted rental less than 48h in advance to the Move-in Date, BADI will provide the Seeker with all the support needed to find a new accommodation.

In addition to the standard BADI Platform services, BADI offers Listers the option of activating the “No Deposit” feature for each of the Listings created by them.

The “No Deposit” service is additional to the standard BADI Platform services and allows Seekers to avoid the need to advance the amount of their Deposit in order to sign a Lease (without waiving their liability), while providing Listers with confidence that in the event of Seeker liability they will be covered for up to one month’s rent, all in accordance with the specifications and terms detailed below.

When the “No Deposit” feature is activated, the Listings will automatically be granted prominence with regard to those Listings that have not activated the feature, in exchange for which the Listers waive their demand for a Deposit from the Seeker (as defined in Badi’s General Terms and Conditions of Use); the two options are mutually exclusive. Listers understand and acknowledge that activation of the “No Deposit” feature automatically excludes the possibility of requesting a deposit privately from the Seeker, so they undertake not to activate it if a deposit of more than one month’s rent is required.

When renting Premises with the “No Deposit” feature, the Seeker accepts and acknowledges that it will be responsible at all times for compliance with its obligations as the Lease Seeker, being required to leave the Premises in the same state in which they were found on the lease Move-in Date. The Seeker will be responsible for its own acts and omissions, as well as for those of any person it may invite or grant access to the Premises, with the exception of the Lister (and such persons that the Lister might invite to the Premises, if applicable).

The “No Deposit” feature can be activated by Listers in relation to:

.

Once a Lister has published a Listing with the “No Deposit” feature, Seekers interested in the Listing will be able to send a Rental Request via the BADI Platform, after having contacted the Lister using the Message Section, if necessary, and the rental can then be confirmed without the need to advance a Deposit to the Lister.

For it to be effectively considered that a Rental has been made in accordance with the terms of the “No Deposit” feature, it will be necessary for it to be entered into using the BADI Platform, for the First Transfer to have been made, and for a Lease to have been signed by the Lister and the Seeker.

That Rental will be subject to the BADI Service Fees indicated in Section 2.2.2.4.

Listers and Seekers agree to enter into the corresponding Lease, which will at all times be a private agreement between them, to which BADI is not and will not be a party. BADI IS NEITHER PART NOR EXERTS ANY INFLUENCE OR CONTROL UPON THE LEASE ENTERED INTO BETWEEN THE PARTIES. BADI IS SOLELY AND STRICTLY AN ONLINE PLATFORM THAT SERVES AS A CONNECTION POINT BETWEEN USERS INTERESTED IN OFFERING OR RENTING PREMISES FOR A CONTINUOUS PERIOD OF 32 DAYS OR LONGER.

If they do not possess a specimen lease, BADI will provide (i) the corresponding room lease in accordance with the Spanish Civil Code (Código) for the lease of individual rooms, which may include the right to share common areas, or (ii) the corresponding dwelling lease in accordance with the Spanish Urban Leases Act (Ley de Arrendamientos Urbanos) for the rental of one bedroom apartments, studio apartments or whole premises. These will exclusively be standard specimen contracts, in no case adapted to any specific instance or situation such as might arise between Lister and Seeker.

Notwithstanding the providing by BADI of the corresponding specimen lease, users must first seek advice regarding their rights and obligations under a lease, as BADI will not be liable for any errors that may exist in the specimen contract provided, for any changes in legislation that could take place, or in general for the content of the specimen provided. In no case does BADI provide or claim to provide legal advice of any kind. After the Move-in Date the Lister will be able to trigger the guarantee provided by BADI under the “No Deposit” system in the following instances: (A) In the case of leases of one bedroom apartments, studio apartments or whole premises, if the Seeker (i) leaves the Premises before the agreed Move-out Date without complying with the requirement for one month’s notice, without having paid the amount due at the Move-out Date to the Lister; (ii) stops paying the rent due under the Lease before the Move-out Date; or (iii) damages the Premises*. (B) In the case of leases of single rooms which may include the right to share common areas, if the Seeker (i) leaves the Premises before the agreed Move-out Date without complying with the requirement for one month’s notice, without having paid the amount due at the Move-out Date to the Lister; (ii) stops paying the rent due under the Lease before the Move-out Date; or (iii) damages the single room that has been leased, therefore excluding coverage of the common areas of the Premises.

The term of the Lease will be unable to exceed the length indicated in the rental made using the BADI Platform, and the rent agreed will be unable to be higher than that shown on the BADI Booking System. If so, the guarantees of the “No Deposit” feature will be effective exclusively (i) up to the amount of monthly rent indicated in the rental; and (ii) for claims made in relation to the period covered by the rental.

To this end, the Lister must contact BADI’s customer support services within 7 calendar days of having become aware of the cause or motive for the triggering of the guarantee provided by BADI in accordance with the “No Deposit” service, and within no more than 7 calendar days from the Move-out Date, providing the following information and documentary confirmation:

In addition, the Lister should provide receipts showing the value of the items supposedly damaged, as well as in due course and at the request of BADI’s customer support services, the receipts for the repairs made.

To this end, the Lister should provide BADI’s customer support services with written confirmation of the date on which the Seeker left the room or apartment in advance of the Move-out Date (for example by means of the correspondence exchanged) as well as any confirmation of the rent receipts signed to date (from which it can be inferred that the final month has not been able to be duly collected).

In addition, the Lister should provide BADI’s customer support services with details of the payments due by the Seeker through to the Move-out Date as a result of the breach of contract.

BADI’s customer support services will proceed to open a ticket (that is to say, a case file) for investigation purposes and will confirm receipt of the claim to the Lister by the day following its receipt at the latest. Furthermore, BADI’s customer support services will contact the Seeker for subsequent confirmation of the alleged facts to determine if there is any Seeker responsibility. BADI’s customer support service reserves the right to contact any pertinent person to verify the information and documentation provided by both the Lister and the Seeker, as well as to request additional information or cooperation, whether from the Lister or the Seeker, which both undertake to provide. This despite the fact that the Lister may have already provided all the information and documentation required in accordance with these Terms and Conditions, so as to determine the validity of the claim submitted, which BADI will be able to reject at its sole discretion if it considers that a fraudulent claim is involved.

In addition, Lister and Seeker acknowledge and accept that BADI will be able to read their communications on the BADI Platform using the Message Section in its efforts to clarify any Seeker responsibility.

In the case of claims for damage, BADI Services will only cover the area or object damaged, and not labor, transportation or taxes (VAT). The following items are excluded from this guarantee:

BADI Services also do not cover normal wear and tear.

If the claim is determined to be valid and all necessary documentation has been provided, BADI’s customer support services will refund the Lister within 15 calendar days counted as from the day BADI’s customer support service has received all relevant information and documentation for all loss and damage cause by the Seeker up to the limit of one monthly rental charge.

If the Seeker is responsible and BADI is required to compensate the Lister in accordance with these terms, Seeker authorizes BADI to make the charge using the payment method used to perform the rental, so as to recover the amount that BADI has to disburse to hold the Lister harmless under the terms of the “No Deposit” agreement. Should BADI be unable to make the collection using the indicated payment method, BADI reserves the right to collect from the Seeker by other means using any of the recourses available to it.

The “No Deposit” feature does not claim to be an offer of insurance, nor does it constitute an insurance scheme or policy for the Lister or the Seeker, and BADI has received no premium in consideration for it. Neither Lister nor Seeker will be able to transfer the benefits provided to them personally under the “No Deposit” scheme.

The terms of the “No Deposit” feature will apply: (i) subject to the limitations, exclusions and conditions contained in this document: and (ii) always as long as there is no breach of BADI’s Terms and Conditions.

Users acknowledge and accept that the “No Deposit” feature relies on Users duly complying with BADI’s Terms and Conditions, and on the Lister correctly exercising the rights granted to it. In addition, Users recognize and accept that the benefits contained in this document are offered by BADI to secure the loyalty of its customers and reinforce confidence in the use of the BADI Platform.

BADI reserves the right to modify or terminate the “No Deposit” function at any time at its entire discretion. In that case, BADI will publish the corresponding amendment on the BADI Platform, or will send its Users notice of the change, while continuing to attend to the claims that might be generated by Rentals made prior to the date the amendment comes into force.

BADI offers a rating system to (i) help Users obtain more information on the experiences of other users and form an opinion on a User based on the opinions of other Users, as well as to secure the loyalty of its customers and (ii) reinforce the confidence of Users in the use of the BADI Platform.

Users will be able to rate each other 3. These ratings, which will be published on the profile of the User receiving the rating, must be performed observing the BADI Rating Policy at all times.

BADI Users agree to solely and exclusively post accurate, truthful and relevant ratings, and that the content they will post will not be unlawful, obscene, abusive or in any way defamatory.

BADI will not carry out any control, editing, supervision or verification of the ratings posted by Users, without prejudice to its right, though not obligation, to eliminate or modify any information or content if it receives a valid complaint via info@badi.com.

The ratings posted by a User may be visible, forming part of a User’s public profile, and BADI reserves the right to reflect them on the BADI Platform in a timely manner, for example when showing information on a Listing and its Lister, together with the information on the Lister’s rating or its profile.

BADI may facilitate, at any time and unilaterally, credits to be used within the BADI Platform.

The promotional codes offered through the BADI Platform are for a single use by the same User, who may not enter the same code more than once, and must be correctly entered in accordance with the conditions specified in the BADI Platform. Otherwise, their use will not be effective for the User and they will not be able to enjoy them.

Promotional codes are not cumulative unless expressly stated otherwise, and their validity and credit will be previously determined and indicated to the User on the BADI Platform.

Credit obtained through a promotional code does not expire, unless otherwise stated.

The User may not claim the equivalent value in legal tender of his available credit, and the credit available to the User may not be used to offset his debts with BADI.

BADI reserves the right to cancel promotional codes unilaterally, when it becomes aware of a fraudulent use of them (i.e. redeem a promotional code when it is not the legitimate recipient of it, massive transmission of codes, sell discounts or codes, among others) and, likewise, reserves the right to apply sanctions to Users for the amount of the defrauded use to BADI.

BADI is not responsible, under any circumstance, if, due to force majeure or events beyond its control or whose need is justified, it is forced to cancel, shorten, extend or modify the conditions of the promotions.

Particularly, BADI does not assume any responsibility in the event that the BADI Platform is not available at any time during the promotions or if the automated system of the promotions malfunctions.

You acknowledge and agree that the availability of the BADI mobile application is dependent on the third party stores from which You download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which You must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use the BADI application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply.

This Agreement applies to your use of all the BADI Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:

a. Both You and BADI acknowledge that the Terms are concluded between You and BADI only, and not with Apple, and that Apple is not responsible for the BADI Platform or the content therein;

b. The BADI Platform is licensed to You on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the BADI Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the BADI Services;

c. You will only use the BADI Platform in connection with an Apple device that You own or control;

d. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

e. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, You may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to You will be to refund to You the purchase price, if any, of the Application;

f. You acknowledge and agree that BADI, and not Apple, is responsible for addressing any claims You or any third party may have in relation to the BADI Platform;

g. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the BADI Platform infringes that third party’s intellectual property rights, BADI, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

h. You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties;

i. Both You and BADI acknowledge and agree that, in your use of the BADI Platform, You will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and

j. Both You and BADI acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as the third-party beneficiary hereof.

Please note we may use the following additional distribution channels through which BADI might market its services:

Nestpick: https://www.nestpick.com/privacy-policy/ Departiculares: https://www.departiculares.com/legal/privacy.php ErasmusPlay: https://erasmusplay.com/en/terms.html

As between You and BADI, You own the content and information that You submit or post, and You are granting BADI a worldwide non-exclusive royalty-free license to use, copy, modify, reproduce, distribute, publish, translate and process, information and content that You provide through BADI Platform, without any further notice and/or compensation to You or others, as well as the right to use the name, image and profile provided by the User in relation to that content.

Therefore, You agree to only provide content or information that does not violate the law or anyone’s rights (including intellectual property rights). You will be solely responsible for the content and information you provide and You will hold BADI harmless from any claim regarding such content or information.

You represent and warrant that you are the owner of all the rights on the content you will post, and warrant that (i) such information is accurate and truthful, and that (ii) the use of such information and content does not represent any breach of BADI Policies.

Please note that BADI may be required by law to remove certain information or content in certain countries.

We may change or discontinue any of our Services. Therefore, BADI does not warrant to store or keep showing any information and content that You may have posted.

You agree that we have no obligation to store, maintain or provide You a copy of any content or information that You or others provide, except to the extent required by applicable laws and as indicated in our Privacy Policy.

BADI reserves the right to restrict, suspend, or terminate your account in its sole discretion for any reason, including if BADI believes that You may be in breach of the Agreement or any applicable national, regional or local law or regulation. We will notify you with the reason for termination or suspension unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for BADI or our affiliates entities; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, BADI or our affiliates entities.

BADI is the owner or licensee of all the intellectual and industrial property rights included in BADI Platform as well as the contents accessible through it. The intellectual property rights of the BADI Platform, as well as: texts, images, graphic design, navigation structure, information and contents that are collected in it are the property of BADI, including the exclusive right to exercise or exploit the same in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with all applicable legislation on intellectual and industrial property rights.

The User’s authorization for access to the BADI Platform does not imply a waiver, transmission, license or total or partial transfer of intellectual or industrial property rights by BADI. It is not permissible to delete, circumvent or manipulate in any way the contents of the BADI Platform. It is also forbidden to modify, copy, reuse, exploit, reproduce, communicate publicly, make second or later publications, upload files, mail, transmit, use, treat or distribute in any way all or part of the contents included in BADI Platform for public or commercial purposes, if You do not have the express written permission of BADI or, where appropriate, the holder of the rights to which it pertains.

The software licensed and/or developed by and for BADI is protected by the national and international regulations in force in the field of intellectual and industrial property rights.

The User who proceeds to share any type of content through BADI Platform, shall ensure to hold the rights necessary to do so, exempting BADI of any responsibility on the content and legality of the information offered.

BADI expressly prohibits the realization of “framing” or the use by third parties of any other mechanisms that alter the design, original configuration or contents of the BADI Platform.

Users and, in general, those persons who propose to establish a link or hyperlink (hereinafter, the “link”) between their web site and the platform must fulfil the following conditions:

The establishment of the link does not imply in any case the existence of relations between BADI and the owner of the website, platform or system in which it is established, neither the acceptance and approval by BADI of its contents implies any acceptance of responsibility for the quality, legality, reliability and/or usefulness of those other websites to which it is possible to accede through hyperlinks.

BADI is exonerated of all responsibility for the correct functioning of such links, the results obtained through them, the veracity and lawfulness of the content or information that can be accessed, as well as the damages that the user may suffer by virtue of the information found in the websites so linked.

We will use the information and data that You provide to make Recommendations for Rental Requests, content and features that may be useful to You, according with our Privacy Policy.  

Without prejudice to the more detailed description set forth in our Privacy Policy, please be aware that BADI has access to the following data which business users and consumers provide for the use of the Service:

In addition, whenever you interact with our website, mobile application or Services, we automatically collect information, such as: log data (e.g., access times, hardware, software information), usage information, browsing history, browser information, screen recording of Service interaction and usage, location data (e.g., IP address, zipcode), device identification, “cookie” information, page view statistics, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. Please visit our Cookie Policy for more information on how BADI install cookies.

BADI and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (BADI and all such parties together, the “BADI Parties”) make no representations or warranties concerning BADI Platform, including without limitation regarding any content contained in or accessed through the BADI Platform, and the BADI Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the BADI Platform or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the BADI Platform. The BADI Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the BADI Platform.

TO THE EXTENT ALLOWED BY LAW, THE BADI PARTIES:

(i) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT);

(ii) DO NOT GUARANTEE THAT BADI PLATFORM WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS; AND

(iii) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

In the event that some applicable laws do not allow some of the above-mentioned disclaimers, please note that those disclaimers may not apply to You.

The User is solely responsible for having the necessary services and equipment for browsing the internet and for accessing BADI Platform. In case of any incident or difficulties to access the BADI Platform, the User can inform BADI to the email info@badi.com, who will proceed to analyse the incident and give the User instructions on how to resolve it in the shortest possible time. 

BADI does not control and is not responsible for the content discharged by Users through the BADI Platform, who are solely responsible for the legal adequacy of said contents. In particular, BADI excludes any liability for damages of any nature whatsoever derived, some examples of this include:

The User solely responsible for infractions that may be incurred or any damages that may be caused by the use of the BADI Platform, LEAVING BADI, ITS PARTNERS, COLLABORATORS, EMPLOYEES AND REPRESENTATIVES EXONERATED OF ANY KIND OF RESPONSIBILITY THAT COULD BE DERIVED BY THE ACTIONS OF THE USER.

THE USER IS SOLELY RESPONSIBLE FOR ANY CLAIM OR LEGAL ACTION, JUDICIAL OR EXTRAJUDICIAL, INITIATED BY THIRD PARTIES AGAINST BADI BASED ON THE USE BY THE USER OF THE BADI PLATFORM. IN THIS CASE, THE USER WILL ASSUME ALL EXPENSES, COSTS AND INDEMNITIES TO BE TRANSFERRED TO BADI DUE TO SUCH CLAIMS OR LEGAL ACTIONS.

BADI HAS NO OBLIGATION TO CONTROL AND DOES NOT CONTROL USERS’ USE OF THE BADI PLATFORM AND, THEREFORE, DOES NOT GUARANTEE THE USERS USE THE BADI PLATFORM IN ACCORDANCE WITH THE PROVISIONS OF THE AGREEMENT, NOR THAT THEY MAKE A DILIGENT AND/OR PRUDENT USE OF IT.

BADI is excluded for any liability for damages of any nature that may be due to the illicit use of the BADI Platform by Users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that Users provide to other Users about themselves and, in particular, but not exclusively, for damages of any nature that may be due to the impersonation of the personality of a third party’s personality by a User in any kind of communication performed through the BADI Platform.

BADI shall not be liable for any damage or loss attributable to Stripe

Notwithstanding the previous statement, BADI reserves the right to limit, in whole or in part, access to the BADI Platform for certain Users, as well as to cancel, suspend, block or eliminate certain type of contents, by means of the use of technological instruments suitable for the effect, if they had knowledge that the activity or information stored is illegal or that it damages property or rights of a third party. In this regard, BADI will be able to establish the necessary filters in order to avoid illicit or harmful contents in the network.

TO THE EXTENT PERMITTED BY LAW, UNDER ALL CIRCUMSTANCES, BADI AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, IN NO EVENT SHALL BADI BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, FOR ANY AGGREGATE DAMAGES IN EXCESS OF THE AMOUNTS PAID TO BADI HEREUNDER WITH RESPECT TO THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, EVEN IF BADI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You may terminate the Agreement at any time without notice to BADI. On termination, You lose the right to access or use BADI Platform. However, any outstanding obligations and amounts owed by you or BADI prior to termination shall survive termination.

If any provision of the Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Agreement shall not be affected. 

Additionally, if any provision of the Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable.

You and BADI agree that the Agreement constitutes the entire agreement between You and BADI and supersedes all previous agreements, understandings and arrangements between You and BADI regarding the subject matter herein, whether in writing or oral.

Each party acknowledges that it has not entered into the Agreement in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Agreement. You shall have no claim for innocent or negligent misrepresentation on the basis of any statement in the Agreement.

Nothing in the Agreement purports to limit or exclude any liability of BADI for fraud.

No failure, delay or omission by BADI in exercising any right, power or remedy provided by law or under the Agreement shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy. Therefore, a waiver of any term, provision, condition or breach of the Agreement shall only be effective if given in writing and signed, and only to be applicable in the instance and for the purpose for which it is given.

The User may not assign any rights or obligations under the Agreement. However, BADI may assign, subcontract or encumber any right or obligation under the Agreement, in whole or in part, without the User’s prior consent. Indeed, BADI may perform any of its obligations and exercise any of its rights granted under the Agreement through any affiliate.

The Agreement does not create any third-party beneficiary rights and, therefore, no third party to the Agreement has the right to enforce any of its terms. 

Notices to You may be given and are deemed received by means of the email address provided during Your registration to BADI Platform.

You and BADI agree that the laws of the Kingdom of Spain, excluding conflict of laws rules, shall govern any dispute relating to the Agreement, unless mandatory consumer law provisions dictate otherwise. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Nevertheless, please note that BADI will use its best efforts to try to resolve any disputes with You in a friendly, prompt and efficient manner, for which we kindly ask You to contact us as soon as possible at info@badi.com. If you are acting as a business user of online intermediation services, you may also file disputes regarding the provision of the online intermediation services using our internal complaint-handling platform. For more information about how to settle disputes, please visit our internal complaint-handling webpage. In addition, please be aware that you can choose to resolve potential disputes through a mediation procedure. In this regard, we have appointed two mediators in order to attempt to reach an agreement of any disputes arising in relation to the provision of the online intermediation services out of court. For more information about the appointed mediators, please contact with us by sending an email to info@badi.com.

However, if You are unhappy with BADI Platform and You would like to issue court proceedings, by means of the Agreement You and BADI agree to submit any disputes to the courts of Barcelona (Spain), which will have exclusive jurisdiction in relation to the Agreement, unless mandatory consumer law provisions dictate otherwise. 

If You have the status of consumer, the Agreement shall be governed and constructed in accordance with the laws of the Kingdom of Spain, but this shall not prevent the application of those mandatory rights you are entitled to under your applicable law. The courts in Barcelona, Spain, shall have no exclusive jurisdiction in connection with any claim brought by you against BADI. You may also submit any dispute arising from or related to the Agreement to an alternative dispute resolution procedure (“ADR”). The list of ADR platforms available from the European Commission can be found at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.