1.GENERAL INFORMATION

WE REQUEST YOU TO READ THE FOLLOWING TERMS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS.

THESE TERMS INCLUDE SEVERAL LIMITATIONS AND EXCLUSIONS, WHICH LIMIT THE LIABILITY OF CHECKYOURHOMES IN CERTAIN CIRCUMSTANCES, GOVERNING THE JURISDICTION AND COURTS OF COMPETENT DISPUTE RESOLUTION, AS WELL AS THE RULES APPLICABLE TO CHECKYOURHOMES SERVICES.

THE TERMS AND CONDITIONS APPLICABLE TO THE USER CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN THE LATTER AND CHECKYOURHOMES.

BY ACCESSING, OBSERVING OR USING ANY ACCESSIBLE CONTENT OR SERVICES ON THE WEBSITE, THE USER CONFIRMS THAT THEY UNDERSTAND AND ACCEPT THESE “TERMS AND CONDITIONS” HAVING THE SAME LEGAL VALUE AS A BINDING SIGNED IN WRITTEN DOCUMENT.

The use of the CHECKYOURHOMES website, the Content, and/or the Services, attributes the condition of User and implies the full and unreserved acceptance by the latter of the Conditions in force each time he accesses them.

CHECKYOURHOMES reserves the right to modify these Conditions at any time. Any modification of these Conditions potentially affecting the rights of the User will be communicated on the Website or by email. We suggest that you regularly review these Conditions in order to be aware of their scope and any changes made, as they legally oblige you to do so.

By accessing the CHECKYOURHOMES Website after the posting of such changes or updates, you will confirm that you accept the new terms. The User is aware of the fact that he accesses and uses the Website and / or the Content under his sole and exclusive responsibility.

Certain services on the CHECKYOURHOMES Website may be subject to specific conditions which, where applicable, replace, supplement and/or modify these Conditions. The service at the request of the User implies the express acceptance of the applicable special conditions.

Access, account creation, browsing, use, hosting and/or downloading of content and/or use of the services of any CHECKYOURHOMES Website and/or Content by minors (less than 18 years old) are strictly prohibited. By accessing or using any Website and/or the Content of CHECKYOURHOMES, the user affirms to be of legal age (18 years or over) and to have sufficient capacity to formalize a legally binding contract, recognizing the right of CHECKYOURHOMES to keep everything payment made within the framework of the provision of services, and as a consequence of non-compliance with the present Terms and conditions. In all cases, users will be responsible for verifying their capacity to legally formalize a contract in the domicile where the Accommodation is located.

CHECKYOURHOMES offers services to future Tenants as well as to owners in the rental management of their property. These Services can be accessed at www.CheckYourHomes.com from phones and other mobile devices, through which CHECKYOURHOMES provides its Services. CHECKYOURHOMES does not offer any tourist accommodation.

CHECKYOURHOMES is not a tourist operator, nor a website whose main objective is to provide tourist accommodation as an intermediary. The website does not constitute a tourist promotion channel in any way

2.KEY TERMS

CHECKYOURHOMES” is represented by Ms. HAZOUME Bénédicte as a freelance.

Content” the texts, graphics, images, music, software, audio files, videos, information or other elements available on the website.

Website” any domain belonging to CHECKYOURHOMES through which CHECKYOURHOMES allows Users to use or browse the Website online.

User” any person who uses the CHECKYOURHOMES Website.

Tenant” person who wishes to use the services of CHECKYOURHOMES and / or who occupies an Accommodation and is not the Owner of this Accommodation.

Owner” person who has agreed to call on CHECKYOURHOMES for the management of his property. The Owners can be natural or legal persons, as well as any entity that owns or has sufficient authority to rent in its name or on behalf of third parties Accommodation intended to be rented for short or medium term. In the event that the Owner is a legal person, the natural person who uses the services of CHECKYOURHOMES will accept these terms and conditions on behalf of the Owner and declare that they have sufficient capacity to undertake to comply with their obligations on behalf of the Owner.

You” the User, Tenant or Owner (if applicable).

Rental contract” the private rental contract signed by the Owner  and by the Tenant, to which CHECKYOURHOMES is not a party.

Reservation fees” are a fixed amount that CHECKYOURHOMES will ask the Tenant for the visit of the accommodation on his behalf.

Service Fee” is a fixed amount that CHECKYOURHOMES will charge the Owner for the services offered.

Tax” or “Taxes” the value added tax (VAT) and any other applicable municipal, autonomous or national tax

 

3.USE OF THE WEBSITE AND SERVICES

The purpose of the Website is to facilitate hunting accommodation by future tenants for short- to long-term stays. These Accommodations are published on other websites such as idealista / fotocasa . This website aims to facilitate short-term management for owners wishing to rent their property temporarily via platforms such as AirBNB.

CHECKYOURHOMES IS NEITHER OWNER, MANAGER, OR REAL ESTATE AGENT, CHECKYOURHOMES DOES NOT OWN, SELL, RESELL, FURNISH, LEASE, SUBLEASE, MANAGE OR CONTROL THE PROPERTIES.The responsibilities of CHECKYOURHOMES are limited to:

a) Visiting the accommodation in place of future tenants

b) Offering concierge services for the owners (check-in / check-out; customer relationship management with keys, etc.)

4.FEES

When the Tenant accepts the quote offered by CheckYourHomes for the visit of an accommodation, he will pay CheckYourHomes fees via a secure link which will be sent to him for payment by credit card. The “Reservation Fee” is a fixed amount which is calculated according to criteria such as distance, report details.When the Owner accepts the quote offered by CheckYourHomes for a concierge service or management of his property, he will pay CheckYourHomes service fees via a secure link which will be sent to him for payment by credit card. The “service fees” are a fixed amount which are calculated according to the type of concierge service that the owner needs for the short-term management of his property

5. LEGAL NOTICE ON CANCELLATION POLICY

Note: Please check if there is specific information in Clause 11 “Applicable local regulations” that apply in your territory. Article 16 of Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011 establishes the Exceptions to the right of withdrawal “Member States do not provide for the right of withdrawal set out in articles 9 to 15 with regard to distance contracts and off-premises contracts with regard to the following:

The services of CHECKYOURHOMES are fully provided:

  • a) for the tenant, once the accommodation visit report has been sent by email.
  • b) for the owner, once the concierge service has been provided.

THEREFORE, THE USER UNDERSTANDS, ACCEPTS AND CONFIRMS THAT ONCE THE SERVICES ARE COMPLETELY PERFORMED BY CHECKYOURHOMES, THE USER WILL HAVE LOST HIS RIGHT OF WITHDRAWAL.

6.APPLICABLE LOCAL REGULATIONS

Note: In the event of a conflict between this Clause 11 “Applicable local regulations” and any other clause of the present Terms and Conditions, the stipulations contained in clause 11 shall prevail.

Owner –

The Owner acknowledges that he is legally responsible for ensuring that the traveler is legally authorized to occupy the property.

The Owner and the traveler acknowledge that CHECKYOURHOMES will not be held responsible for verifying the documentation of title deeds or any other type of document incumbent on the owners such as insurance.

As the Owner, you agree and warrant to adhere to the terms below and that you are legally entitled to offer the property for short term rental and that you are not violating any applicable law, agreement or contract by advertising your property (this includes the terms of the contract with third parties regarding the property, such as a mortgage on the property, insurance, fire regulations, gas and electricity security).

As the Owner, you agree and warrant that:

  • You will obtain the necessary consent from third parties if necessary, in advance, to be able to offer your property for short-term rental.
  • You will comply with all license permissions at all times when announcing ownership or other specific regional requirement.
  • Your property meets health and safety requirements and has adequate insurance, where applicable.
  • You are authorized to publish photos, videos and other information, of which you have legal ownership or you give us power of attorney to advertise your accommodation.
  • Everything you supply with the property is safe and functional.

As the Owner, you are completely responsible for ensuring that the property meets legal requirements in accordance with all relevant regulations, including but not limited to the requirements outlined in this section.

As the Owner, you acknowledge that it is your responsibility to ensure compliance with all applicable regulations.

 

Tenant –

As a tenant, you expressly accept and grant the following points:

  1. CheckYourHomes can visit the accommodation for you and send you a detailed report.
  2. CheckYourHomes will receive payment for this service.
  3. CheckYourHomes will not be responsible for the contract between you and the owner. CheckYourHomes does not draw up this rental agreement and cannot be responsible for any dispute that may arise between you and the landlord subsequently.

Transparency and client protection –

CHECKYOURHOMES is committed to providing professional service to all of its users. Thank you for helping us improve. Keep in touch with our team to give them your feedback. This will help us improve our services. Please contact us at contact@CheckYourHomes.com

Responsibility –

The Owner and the Tenant acknowledge that under no circumstances will CHECKYOURHOMES be held responsible for any breach on their part of the regulations in force and/or the attached Terms and Conditions and or in connection with the rental contract.

The Owner, Renter or Traveler acknowledge that it is their responsibility to be aware at all times, of all the legal obligations that apply to them. In the event of a conflict between these Terms and Conditions and local law, the law shall prevail.

CHECKYOURHOMES will not be responsible for the non-formalization of the rental contract as a result of the fact that sufficient documentation for the accreditation of the above situations has not been presented, and will not proceed at any time nor its evaluation or its validation.

7.RENT PAYMENT

Once the Rental contract or any other agreement between the Tenant and the Owner has been signed, the Owner will assume full responsibility for the collection of the rent with his Tenant. CHECKYOURHOMES will in no way be responsible for direct debit payment of the rent or for any default of payment that may arise.

8.INVOICING

Once the quote has been accepted, the corresponding simplified invoice will be sent either to the Tenant or Owner and, if they so request, they will be sent a detailed invoice including the amount of the corresponding Value Added Tax (VAT) or any other tax applicable depending on the country or region of the transaction.

9. APPLICABLE LEGISLATION AND CONFLICT RESOLUTION.

These Conditions will be interpreted under Spanish law.

Any dispute concerning this Agreement shall be resolved definitively by arbitration administered by the Spanish Court of Arbitration, in accordance with its Rules and Statutes. This will be responsible for the administration of the arbitration and the appointment of the arbitrator or arbitrators. The seat of the arbitration will be Malaga.

 

10.WARRANTY FOR OWNER

A) Damage

Homeowners are strongly advised to take out liability insurance for their accommodation. Indeed, in the event that the resident causes damage to the place of accommodation, whether deliberately or through negligence, that the damage is not due to normal use, CheckYourHomes does not provide any financial compensation. Note that CheckYourHomes uses platforms such as AirBNB for the management of owners’ apartments. Thus, the resident pays the full accommodation costs before arriving in the accommodation. There is therefore no risk of non-payment before the arrival of the resident

B) Cancellation policy for owners in case of force majeure

For any cancellation under force majeure, CheckYourHomes will renounce of its cancellation policy with respect to owners. To do this, the necessary proof must be provided to CheckYourHomes in order enable evaluation by our teams.

 

Guarantee applicable to Tenants

1/ Cancellation policy for Tenants in the event of force majeure

For any cancellation under force majeure, CheckYourHomes will renounce its cancellation policy with regard to Renters and will refund the amount paid by the Tenant to CheckYourHomes. To do this, the necessary proof must be provided to CheckYourHomes to enable evaluation by our teams.

Reasons for force majeure

  1. Serious injury, illness or death of the user, of a close relative in the first degree, or of a minor or a disabled person for whom the Tenant is the legal guardian.

2. Serious damage to housing.

3. All other cases which arise suddenly and unexpectedly, considered to be circumstances beyond the control of the game. All situations which prevent the Owner from offering the rental accommodation and/or the Tenant from arriving at the reserved accommodation on the scheduled date, under the conditions defined in this clause, are included in this category. As an example, these circumstances may include, without limitation, natural disasters, terrorist acts, threats to security where the accommodation is located, epidemics, travel restrictions as a result of the aforementioned circumstance, among others,  to the extent that they affect the Owner and/or the Tenant. Such a circumstance will have to be specifically and individually evaluated by the agents of CHECKYOURHOMES. In the event that either the Owner or the Tenant is in one of these situations, CHECKYOURHOMES reserves the right to request from the affected parties all the relevant documentation as necessary on a case-by-case basis. Any decision regarding the situations included here should always be based on official communications from the relevant authorities at the time of the occurrence.

Notes on the coronavirus (COVID-19) epidemic: If you are an owner or tenant affected by the coronavirus epidemic, you can contact us to find the appropriate solution to avoid possible costs.

 

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