Information Disclaimer & General Terms and Conditions of the online platform RoomPlaza.com
April, 2017
Information Disclaimer
Unfortunately, we can not guarantee that all information at RoomPlaza.com is always 100% accurate and up to date. Although we avoid every effort to abuse, we can not be held liable for information posted by third parties on the website or transmitted through the website. Nor can we accept responsibility for the consequences of using this information. RoomPlaza.com also contains links to other websites. Because we have no influence on the content of these websites, we can not guarantee the accuracy of completeness of the information presented on these websites.
General Terms and Conditions
THESE TERMS & CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND THEM BEFORE USING THE SERVICES OR THE WEBSITE. IT ALSO CONTAINS DISCLAIMERS, WARRANTIES, A LIMITATION OF LIABILITY CLAUSE AND JURISDICTION AND CHOICE OF LAW CLAUSES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY CEASE USE OF THE WEBSITE AND SERVICES OF ROOMPLAZA.COM. ALL FLAT PROVIDERS MUST UNDERSTAND THE LAWS OF THE COUNTRY, CITY AND/OR MUNICIPALITY WHERE THEIR FLAT IS LOCATED. MOST NATIONAL AND LOCAL AUTHORITIES HAVE SPECIFIC LAWS, RULES AND REGULATIONS GOVERNING LEASE AGREEMENTS IN THEIR RESPECTIVE JURISDICTIONS. IT IS THE RESPONSIBILITY OF FLAT PROVIDERS TO REVIEW LOCAL LAWS BEFORE LISTING THEIR FLATS WITH ROOMPLAZA.
Definitions
Frequent reference is made throughout these Terms & Conditions to terms as defined below. These definitions enable you to easier understand our terms and conditions.
Booking request period means the time between submitting an application for an accommodation and the acceptance of the application by the flat provider.
Terms and conditions or agreement means these terms and conditions and any other documentincorporated by reference or attachment.
Initial amount means the Deposit of for the flat plus our Service fee.
Lease means the independent and separate lease agreement as entered into by the user and flat provider regarding a specific flat. RoomPlaza is NOT a party to this lease agreement.
Place means accommodation offered by a flat provider via the website to users.
RoomPlaza, us or we are references to Erasmus Housing B.V., a Dutch private limited liability company having its registered office in Rotterdam, the Netherlands, registered at the Dutch Chamber of Commerce under registration number 61349194.
Flat provider means the natural person(s) or legal entity offering a flat or property (flat) through the website to users.
Platform fee (one-off, non-refundable fee) of 35 euro including VAT, RoomPlaza charges the user for facilitating the RoomPlaza.com online (booking) platform
Platform succes fee (one-off, non-refundable fee) of 165 euro including VAT, RoomPlaza charges the user when a booking is accepted through the RoomPlaza.com online (booking) platform
Selecting is the entire process of flat-selection via the RoomPlaza platform. Flat selection includes browsing the local search listings, requesting to book a flat and either receiving an approval or a rejection by a flat provider.
Privacy policy means the document governing the use of obtained information via the RoomPlaza website and services.
Deposit means a specified amount of money as requested by a flat provider to safeguard him or her from potential damages caused to his flat by a user during the duration of a lease agreement and which is held in a non-interest-bearing trust account for the benefit of the user.
User means the prospective tenant who is seeking accommodation and who is above the legal age of majority in his or her country of residence.
Website, website and services or platform means any website, domain or online presence maintained by RoomPlaza, including but not limited to www.RoomPlaza.com, associated domains, subdomains and any website or social networking domains or profiles that RoomPlaza may publish from time to time, as well as any other applications for mobile devices.
You depending on the context and purpose of the provision means either the user or flat provider or both, whichever the case shall be, and shall apply mutatis mutandis to each provision of this agreement.
Scope, acceptance of terms & conditions, amendment
These terms and conditions govern the relationship between you (either as a user or a flat provider) and RoomPlaza. The terms and conditions as set out in this document apply to the entire use of the platform www.RoomPlaza.com. RoomPlaza.com is a service offered by Erasmus Housing B.V., Keizersgracht 241-2, 1016 EA Amsterdam, The Netherlands.
RoomPlaza offers the usage of its platform, in particular the use of the database, solely on the basis of the terms and conditions as set out by the following provisions and clauses.
By accessing RoomPlaza.com and using the platform offered by RoomPlaza, you implicitly consent to be bound by these terms and conditions.
RoomPlaza may at any time modify or amend these terms and conditions effective for the immediate future. RoomPlaza is not obliged to give users and flat providers prior notice of any amendment taking effect, however will inform you of any changes by e-mail and/or by posting a notification on the website. It is the responsibility of the user and the flat provider to remain up to date with these terms and conditions.
The continued usage of the website and services of RoomPlaza.com by users and/or flat providers is always deemed as a form of implied consent and agreement to the most recent and updated version of these terms and conditions.
If you accept or agree to these terms and conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and conditions. RoomPlaza may require you to provide evidence of your power of representation.
The website and services offered by RoomPlaza are intended solely for persons who are 18 years of age or older. Any access to or use by anyone under 18 is prohibited. By accessing or using our platform you hereby represent and warrant that you are at least 18 years of age or older.
Performance by roomplaza and relationship between flat providers and users
RoomPlaza is an online market place on which flat providers can offer and users can request to rent apartments, houses, flats or other accommodation. RoomPlaza.com is a platform on which users and flat providers can inform each other and agree to enter into a lease agreement with each other.
RoomPlaza itself does not offer any accommodation, nor is it a party to a future lease agreement between flat provider and user. RoomPlaza merely acts as an intermediary for the conclusion of a legally binding and mutual declaration of intent that the user and flat provider are going to enter into a formal lease agreement for a specific flat and time period.
Each user and flat provider independently verifies the identity of his respective contract partner. RoomPlaza accepts no liability for the accuracy of the user contact information entered on the platform.
RoomPlaza encourages users and flat providers to enter into an independent lease agreement that governs the exact rights and obligations of users and flat providers for the duration of a lease. This agreement is concluded exclusively between the flat provider and the user.
As such RoomPlaza cannot be held responsible or liable for shortcomings of either the user or the flat provider regarding the actual performance of a lease agreement. In the event of default, this must be negotiated between the users. RoomPlaza saves and will transmit the contact data of both parties for this purpose.
RoomPlaza does not examine the legality, accuracy or completeness of offers published on the platform or user content, and these do not represent the views of RoomPlaza. RoomPlaza is not responsible for third-party offerings or content.
Flat providers can apply their own terms and conditions to the accommodation they are offering to rent out that do not affect the terms and conditions of RoomPlaza.
Flat providers and tenants are responsible for their adherence to the provisions governed by public law, including municipal codes regarding property rental.
Your use of the website
You are not allowed to use the website and services in a way that results in damage or harm to RoomPlaza and/or third parties.
You are not allowed unauthorised access to the website with account credentials of another person i.e. by using forged credentials or by circumventing any technical security measures, regardless whether these measures are actually adequate or not.
You are not entitled to distribute viruses or other software on the website and services which may result in harm to RoomPlaza.
You are not entitled to use the website to send unsolicited messages.
You will administer the credentials to use the website in good faith. Therefore it is not permissible to disclose credentials to any other party. If you suspect that your credentials are in the possession of a third party you undertake to notify RoomPlaza immediately.
You are not allowed to act in noncompliance with any law or regulation, or to infringe any intellectual property rights.
We are entitled at any time to discontinue the website and services without being liable either to compensate or to indemnify for damages. Should such circumstances arise we will notify you within reasonable time.
RoomPlaza warrants that your personal data is processed in accordance with applicable legislation and with the RoomPlaza Privacy Policy. This means that we neither process your personal data outside the European Union nor outside a company that is not a “Safe Harbour Principles” certified company (see below provision 4.9 for more information).
The Unites States does not meet the adequate protection level as required by European Union legislation, unless the company in the United Stated adheres to the “Safe Harbour Principles”, in that case the company itself meets the required level of protection regarding the processing of personal data.
RoomPlaza’s rights
By using the website and making use of our services, you hereby grant RoomPlaza the following rights:
The right to refuse access to the RoomPlaza platform without prior notice,
The right to suspend, amend or disable your profile and/or account for any reason without prior notice,
The right to update the website, fees and billing methods without prior notice, and
The right to update the website, fees and billing methods without prior notice, and
The right to report you to the relevant local authority should RoomPlaza, at its sole discretion, believe that your conduct is unlawful.
Listing your property on roomplaza.com / flat provider declaration of intent / warranty
By using the website and making use of our services, you hereby grant RoomPlaza the following rights:
-This provision is meant primarily for flat providers.-
Every flat has to meet certain quality criteria as set out on the website. In case the quality criteria are not met, we reserve the right to reject your listing application.
In case the flat meets the quality criteria, our photographer will make an appointment with you for a photo shoot of the designated apartments. The photo shoot is free of charge. The intellectual property rights regarding the photos remain vested in RoomPlaza. However, you are entitled to use the photos as long as you do not remove our watermark. We also accept photos provided by flat Providers directly. These will be depicted on the website as unverified.
Once your flat is successfully listed on RoomPlaza.com, users can send you booking requests via our platform. If a user requests to book one of your flat via our platform, we promptly pass on the request to you via sending you a booking request e-mail. You can reply to the booking request by logging into our website within 72 hours, which is our booking request period. Within these 72 hours you can approve or reject the request.
If you approve of a booking request, you will receive a booking confirmation e-mail from RoomPlaza with all the information about the reservation of your flat. This e-mail will also be sent to the user. It is regarded as a legally binding and mutual declaration of intent that you and the user are going to enter into a legally binding lease agreement for the flat and time period as specified in the confirmation e-mail.
Provided that ALL of the information and details supplied to you in the users’ booking request is lawful and correct, YOU warrant to the requesting user that you are going to enter into a legally binding lease agreement for the flat and time period as agreed upon in the confirmation e-mail.
You further agree that you will not unilaterally and retroactively adjust the terms of your approval to the detriment of the user prior to entering into the lease agreement with him or her.
Upon acceptance of an application, you can choose to present potential tenants with a standard lease agreement offered by us, or your own lease agreement, or no lease agreement at all (not recommended).
We do not warrant that the standard lease is in favour of you, nor that the standard lease agreement is free of errors or that there are provisions which are not, or cannot become, invalid or unenforceable. It is your responsibility that you enter into a lease with the user. You warrant us that you will offer the user the lease you have selected and/or uploaded to RoomPlaza platform.
RoomPlaza reserves the right to suspend or delete from the website without prior notice any flats listed in your name in the event of any suspected impropriety.
You warrant to RoomPlaza that you are authorized to list the flat on the website and, further, that you have legal authority under the laws of the country in which the property is located to conclude a valid and binding lease agreement.
In case of any doubt, RoomPlaza reserves the right to request a formal proof of authority to conclude a lease agreement for example, amongst others, proof of ownership or proof of representation to conclude such agreements in the name of the registered owner(s), as determined by the law of the country in which the flat is located.
Selecting your flat on roomplaza.com / user declaration of intent / warranty
-This paragraph is meant primarily for users.-
When selecting a flat you will be required to upload a scan of your identification document as well as enter personal information about yourself. This can be a scan of your passport or any other form of identification which is deemed a lawful way of identifying yourself in the country in which the identification was issued.
In some countries passports or identifications do reveal a social security number. We strongly advise that you black out both your social security number and your photo.
If you are planning to reside in the flat with other users, you need to enter the credentials of all the users who wish to occupy the flat as well as copies of their respective identity documents. Please be aware of the fact that, depending on the jurisdiction where the flat is located, a lease agreement must either be in the name of one primary lessee or in the name of all of the lessees, each of whom will be joint and severally liable.
You hereby give RoomPlaza permission to present these scans to the flat provider. We will not process the scan longer than is strictly necessary for the completion of the selecting process; this means that after we provided the flat provider with the scan, we will destroy the scan as soon as possible.
You hereby warrant that the information provided by you about yourself and about any other users is correct and lawful and that you have permission to authorise RoomPlaza to provide the flat provider with the credentials of the other users. RoomPlaza reserves the right to request a formal authorization or power of representation from you.
Once you have selected a flat, your application is immediately passed on to the flat provider. If the flat provider is willing to enter into a future lease agreement with you, he or she will approve the application through the RoomPlaza platform. In case of a successful application, you will receive a booking confirmation e-mail from RoomPlaza. RoomPlaza will also contact you, if the flat provider has rejected your application.
A flat provider has 72 hours to accept or reject your application. If the 72-hour period passes without response from the flat provider, you have the option to extend your application for an additional 72 hours. An application will lapse after 72 hours (or 144 hours if you choose to extend your application) whichever the case may be.
The approval of the flat provider should be seen as a legally binding and mutual declaration of intent that you and the flat provider are going to enter into a legally binding lease agreement for the flat and time period as specified in the confirmation e-mail. It is however not a contract of lease or agreement entitling you to rights of occupation or rights of abode in any way whatsoever.
Provided that ALL of the flat information and details as supplied by the flat provider to you in the offer on the RoomPlaza platform is lawful and correct, YOU warrant to the approving flat provider that you are going to enter into a legally binding lease agreement for the flat and time period as agreed upon in the confirmation e-mail. Yearly semester start from 8th of August till the 25th of July and rent is paid over 365 days, unless communicated otherwise. The 14 days in between are to prepare the apartment for new tenants.
You further agree that you will not unilaterally and retroactively adjust the terms of your request to the detriment of the flat provider prior to entering into the lease agreement with him or her.
Once the flat provider has approved your application, the flat provider may present you with a lease agreement. It is your full responsibility to read the lease carefully and to understand its full legal implications before signing it. It is your responsibility to comply with further requirements of the flat provider, i.e. cancellation periods etc.
RoomPlaza shall not be responsible or liable for any failure or deficiency in performance of any lease by the flat provider and/or for any defect in any flat(s) provided by the flat provider.
Payment of initial amount by users / service fee
The initial amount consists of the service fee and a Deposit as requested by the flat provider. For more information about the Deposit, see provision 9.
Upon approval of the booking request by the flat provider, the initial amount becomes due and payable directly to RoomPlaza.
Deposit
It is common practice for flat providers to require a deposit from tenants upon concluding a lease agreement and therefore granting rights of occupation. This so-called Deposit has to be held in a separate trust account by the flat provider on behalf of the tenant.
The flat listings on RoomPlaza.com inform the user prior to him or her submitting a booking request about whether and, if yes, how much money the flat provider requests as a Deposit.
This Deposit is also payable to RoomPlaza upon approval of the booking request by the flat provider.
As such, the flat provider hereby grants permission to RoomPlaza to authorise payment of the requested deposit by the user to RoomPlaza. RoomPlaza keeps the deposit in a separate and non-interest-bearing trust account for the benefit of the user, before a lease agreement is being formed.
After a lease agreement has been formed between user and flat provider RoomPlaza transfers the deposit into a trust account of the flat provider, where he holds it for the benefit of the user during the entire duration of the lease agreement.
Cancellation of reservation / warranty
When do You cancel
Before flat Provider approves your application. Initial Amount
After flat Provider approved Your application, two (2) months or more prior to moving into flat. Initial Amount minus 100% of service fee
After flat Provider approved Your application, between two (2) months and one (1) month prior to moving into flat. Initial Amount minus 100% of Service fee and 50% deposit
After flat Provider approved Your application, less than one month prior to moving into the flat. No refund
European Union legislation provides you with a right of withdrawal upon entering into an online agreement. This right can be waived by you if you give RoomPlaza permission to immediately start performance of the agreed upon services. Since we have an extensive cancellation policy (as set out below), you hereby give RoomPlaza permission to immediately start the performance of the agreed upon services, thereby waiving the statutory right of withdrawal (as set out in article 7:46d of the Dutch civil code).
You have the right to cancel your reservation before signing a lease with the flat provider. The cancellation can be done through the website by logging in and following the instructions.
We will refund you in accordance with the following table:
10.5 In the event that:
A flat provider presents you with a lease agreement other than the one that was presented to you during selecting, and/or
The terms of the actual lease are substantially different than the lease presented to you during selecting, or
The selected flat is not available, or
The flat provider tries to move you to a different flat or presents you with a different flat, You do not have to enter into the lease agreement with the flat provider and are not bound by provision 7.8 of these terms and conditions. In the event that any one of the above listed cases arises, you must contact RoomPlaza immediately and without culpable delay. As soon as the matter has been brought to our attention, we will do our best to provide a solution for you by:
(a)contacting the flat provider to see if he or she will make the selected flat available,
(b)contacting the flat provider to see if he or she will use the lease which was presented during selecting, or
(c)locating a comparable flat within the vicinity of the flat originally selected.
In the event that the problem cannot be solved, RoomPlaza will reimburse the initial amount in full. This warranty lapses three (3) days after you move into the selected flat. This means that you must inform RoomPlaza within three (3) days if your flat provider is failing to cooperate with you.
Payment to flat providers / damages and compensation
-This paragraph is meant primarily for flat providers.-
RoomPlaza will release the initial amount, less the service fee over the agreed rental period and any sundry costs, such as payment processing fees, to the flat provider within 14 (fourteen) days of the arrival date.
RoomPlaza is under no obligation to release the Deposit to the flat provider should an event as contemplated in provision 10.5 above arise. RoomPlaza is only bound by this obligation if the situation has been resolved to the satisfaction of the user (to be determined solely by RoomPlaza).
The user may withdraw from his declaration of intent as set out in provision 7.8 of this agreement should an event such as one contemplated in provision 10.5 above not be rectified in accordance with provision 11.2 above.
If this is the case, the flat provider undertakes and agrees to pay RoomPlaza € 500 in compensation. This right to compensation is in addition to and does not preclude any further contractual rights and/or damages claims under this agreement.
Limitation of liability
We are not liable for any harm, loss or damage (based on tort for example), unless the shortcoming is due to wilful misconduct or conscious recklessness of our top-level management. In case this limitation of liability is legally unenforceable the liability for the aforementioned shortcomings are limited to an amount of EUR 250 (two hundred and fifty Euros), unless the shortcomings are due to wilful misconduct or conscious recklessness of our top-level management.
You hereby accept the functionality of the website “as is”. Furthermore you accept that RoomPlaza can change the functionality of the website at any time.
We strive for a high availability of the website; however, we cannot warrant that the website is always available without interruptions.
Indemnity
You agree to indemnify and hold RoomPlaza and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the services and/or website or your violation of any law or the rights of any third party.
For the sake of clarity you hereby warrant that all data supplied by you to RoomPlaza is valid and true. You indemnify RoomPlaza for all possible claims, howsoever arising, directly or indirectly and with or without fault on your part, from incorrect information supplied by you.
Intellectual property
All rights regarding intellectual property, including but not limited to content and imagery on the website remains vested in RoomPlaza or its licensors. Usage of this material is therefore not allowed without prior permission. Permission can be requested by sending e-mail.
All mentioned trade names or registered trademarks remain vested in RoomPlaza or their respective owners, whichever the case may be.
The intellectual property rights in material uploaded by Users, remains vested in the User. User hereby grants RoomPlaza a license to process the material in accordance with the agreed upon purpose.
Insurance matters for users
-This paragraph is meant primarily for flat providers.-
Since you will be staying in a flat that does not belong to you, it is your responsibility to make sure that you have adequate insurance coverage to cover damage incurred for the duration of the lease agreement.
Insurance matters for flat providers
-This paragraph is meant primarily for flat providers.-
It is the responsibility of the flat provider to ensure that the Flat and household contents are sufficiently insured.
It is the responsibility of the flat provider to ensure that the User is sufficiently insured for the duration of the lease.
Flat provider hereby exempts RoomPlaza from any liability for damage caused to the flat by the Tenant and RoomPlaza, therefore, cannot be held liable for such damage.
Privacy
We collect information both relating to you (for example the information you provide us when registering, your usage history and your preferences for certain kinds of offer). We also collect information relating and to users of the website and the services in general. Any information that you submit or that we collect when you are using the website or services is subject to the RoomPlaza Privacy Policy, the terms of which are hereby incorporated into these terms and conditions and can be found on the website.
Although RoomPlaza does its best to ensure the security of your personal information (for example, by implementing reasonable security systems), you acknowledge that you provide your personal information and user content at your own risk.
Transfer of rights and obligations
RoomPlaza reserves the right to transfer its rights and obligations arising out of these terms and conditions to a third party. This is especially allowed in case of a transfer due to a change of legal entity, transfer of company or merger of company. A possible transfer is without prejudice to any right that you might have under this agreement.
You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these terms and conditions without our prior express written consent.
Notice & take down
In case you breach the rights of third parties, these third parties have the right to request RoomPlaza to modify or delete infringing links or material and to provide them with your personal data (only limited to name and contact details), without being liable to compensate nor to indemnify for damages. You hereby give RoomPlaza permission to do so if necessary.
Concluding remarks
Should a court or competent authority decide that any term of these terms and conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms.
The remainder of this agreement shall continue to be valid to the fullest extent permitted by law.
Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
Our failure to enforce any provision of these terms and conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
These terms and conditions set forth the entire understanding and agreement between you and RoomPlaza with respect to the subject matter hereof.
Governing law
The Agreement is governed by the laws of the Netherlands.
All disputes will be settled exclusively by the District Court of Rotterdam, the Netherlands.
You have the right to submit a dispute, by virtue of the Laws of the Netherlands, to a competent court within 30 (thirty) days after we invoke the right to submit the dispute in accordance with the first sentence of this paragraph.
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