Homeppl Ltd (“Guarantid”, “Homeppl” “we”, “our” or “us”) is a limited company registered in England and Wales with registered number 10531490. Our registered office and place of business is at 37 Cremer Street, E2 8HD, London, UK.
These Terms and Conditions govern the service provided by us through the website www.homeppl.com or guarantid.com (the “Website”) to any tenant (“Tenant”, “you” or “your”) who is interested in entering into a tenancy agreement (such agreement once executed being the “TA”) with the landlord (the “Landlord”) in respect of a property available for rent at www.spotahome.com (the “Property”) and who would like us to guarantee your obligations under the tenancy agreement (the “Service”).
These Terms and Conditions govern your use of the Service and set out your potential liability to Guarantid in the event that you Default. When accepting these Terms and Conditions you enter into a contract with us (the “Contract”) which it is intended to create legally binding obligations. Therefore, you should read this Contract carefully. If you have any further questions before entering into this Contract, please contact us on [email protected] or on +44 (0) 2038 720 664.
You accept these Terms and Conditions under your own responsibility and it is assumed that you have read, understand and unreservedly accept these Terms and Conditions.
In the event that you use additional services, you will need to accept the specific conditions that may apply for those services.
In this Contract, unless the context otherwise requires, the following definitions have the following meanings:
The Property that you have chosen at www.spotahome.com is only available with our guarantee services. Therefore, in order to be able to enter into the TA for this Property you need to accept these Terms and Conditions. If you do not agree to these Terms and Conditions you should not accept them and you should choose another property.
Through this Service, in consideration for payment of the Fee paid by you to us or Spotahome, we agree to guarantee your obligations in relation to Default subject to these Terms and Conditions and in the Terms and Conditions accepted by the Landlord. In particular, if you do not pay or are late with your rent we will pay the sums due to the Landlord.
In order for us to be able to provide the Service you will need to go through a validation process. During the validation process we will collect several information about you, including, but not limited to, your identity, income and employment status, finances, and previous rental payments history. Once the process is done we will send you an email confirming whether or not you are eligible for the Service. If you are eligible for the Service, you will be approved by us. Spotahome will then collect from you the first payment of the rent (as set forth in your agreement with them) and they will transfer us the Fee. Upon receipt of the Fee in full these Terms and Conditions will enter into force.
When accepting these Terms and Conditions you acknowledge and agree that:
The Guarantee relates to the TA as on its commencement date and will not apply to any variation of the TA or to any extension to the TA Term or renewal of the TA, unless with our prior written agreement.
To benefit from the Service, you must:
You agree to provide us with honest, accurate and genuine details and to keep us informed if any of the information submitted to us has changed. If we determine, in our sole discretion, that the information provided by you is false, misleading or illegal, we may terminate the Contract with immediate effect, meaning that we may no longer be able to provide you with the Service and you may need to find immediately alternative arrangements to guarantee your obligations to the Landlord under the TA.
You agree that at any point during the Guarantee Term we shall inform you, as appropriate, if the Landlord has made a Payment Request. If so:
You agree to perform all your obligations in accordance with the TA, including but not limited to, the payment of all rents in the amounts due and on the agreed payment date, and to keep the Property in a satisfactory condition and to report any issues with the Property (such as repairs and faults) to the Landlord as soon as possible.
You undertake to procure the strict observance and performance by any other tenants under the TA.
You shall, on our written request, provide documentary evidence (such as bank statements) of monthly rental payments being made.
You shall have liability for any and all fees and costs paid by us to the Landlord on your behalf, which shall be paid to us in accordance with the above.
You shall inform us as soon as reasonably possible, before the next rent due date if the TA terminates early for whatever reason, including if you have received a notice seeking possession from the Landlord.
You agree to provide us with open banking access to your main current account (the account into which their employment earnings are paid and from which their rent is paid) and to renew such access as and when required. If open banking access expires and you don’t renew the open banking access within a week of the request then you will be liable to admin fees of fifty (50) Euros per each additional formal request to grant this access.
You agree to take reasonable steps to avoid a Default and to minimise any resulting losses by the Landlord or Guarantor as soon as reasonably practicable.
You agree to notify us at [email protected] if you leave the property permanently during the Guarantee Term earlier than the expected expiry of the term of the TA.
You shall provide a valid payment method to us (such as credit card or debit card details) and authorise us to debit any amounts that become due and owing to us under the terms of this Contract without further notice.
You will update us with valid payment details if these payment details subsequently expire during the Guarantee Term. This authority shall not be affected by any set-off or counterclaim.
We shall provide the Services as set forth in these Terms and Conditions.
We will cancel the contract if: (a) requested by the Tenant within 14 natural days provided the TA has not been signed; (b) requested by the Tenant according to Spotahome’s terms and conditions and move-in policy (www.spotahome.com/terms-and-conditions); (c) the Tenant fails to comply with Spotahome’s terms and conditions and move-in policy (www.spotahome.com/terms-and-conditions).
The Fee shall be due and payable immediately. We will have no obligation to provide the Service, and the Landlord may not proceed with the TA, until the Fee is received by us.
All sums payable under this Contract:
If you fail to make any payment due to us under this Contract by the due date for payment, then, in addition to other remedies that we may have under this Contract, you will pay interest on the overdue amount and our reasonable costs of recovering any sums due to us. The interest will be at the rate of 3% per annum above the Bank of Spain’s base rate from time to time and it shall accrue on a daily basis from the due date until actual payment of the overdue amount (whether before or after judgment). You shall pay the interest together with the overdue amount.
If you fail to pay an Established Charge, we may purchase all or part of the Established Charge from the Landlord. We may then seek to recover the Established Charge from you together with all reasonable costs incurred by us in respect of or in contemplation of any legal proceedings against you (including but not limited to administration fees, solicitor’s and counsel’s fees, tracing fees and court fees), which sums may be added to the overall debt owed by you.
This paragraph shall survive termination of the Contract. This means that your obligation to reimburse us for any payment in respect of will continue.
Our aim is to provide a first-class service to all landlords and tenants and to do everything we can to ensure that you are satisfied. However, if you feel that we have fallen short of this standard and wish to make a complaint, please submit your complaint in writing to [email protected].
On receipt of your complaint we will investigate the complaint fully and respond to you accordingly. Please note that our complaints procedure cannot be used to appeal against a Payment Request decision made against you, which is final and binding.
Our decision in relation to a complaint is final and there is no right of appeal. Your ordinary legal rights are not affected but you may need to seek independent legal advice in connection with those rights.
We shall not be in breach of the Contract, nor liable for delay in performing, or failure to perform, any of the obligations under the Contract if such delay or failure results from events, circumstances or causes beyond our reasonable control.
Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; or (b) fraud or fraudulent misrepresentation.
Subject to the above paragraph, we shall under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of revenue, loss of savings, loss of profit, or for any direct, indirect or consequential loss arising under or in connection with the provision of the Service.
Our total liability to you in respect of all other losses arising under or in connection with the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of the Fee.
If the tenancy created by the TA is assigned or otherwise terminated with the Landlord’s consent, this Contract will be terminated with immediate effect, and Guarantid’s obligations under these Terms and Conditions shall be null and void.
You have the right to terminate this Contract within 14 calendar days from the acceptance of the Terms and Conditions but before the commencement of the TA.
We may terminate this Contract with immediate effect upon notice to you in the event that you fail to move into the Property on the start date of the TA. In such event, our obligations under this Contract shall be null and void, and you shall pay us a cancellation fee of thirty (30) Euros.
During the provision of the Service, we may collect and process your personal data. We will comply with Regulation (EU) 2016/679 of 27 April 2016 (hereinafter "GDPR") and with any applicable national law on data protection. We will process your personal data with the purpose of rendering you the Service according to the terms of our Privacy Policy (https://homeppl.com/privacy/). If you give us your prior authorisation, we will also process your personal data to send you commercial communications in relation to our services and products.
The legal basis for processing your personal data is the need to manage the contractual relationship between us and our legitimate interest to handle your queries and to remain in contact with the landlords to whom we render services. The legal basis for processing your personal data for sending you commercial communications is the specific consent granted by you.
We may share your data with our service providers in order for them to perform their services, including technology service providers, documentation tools and support tools. Your data will not be disclosed to any other third parties unless we need to fulfil any legal requirement. We will not transfer your data outside the EEA.
We will process the personal data over the term of our contractual relationship with you and with the Tenant. Personal data will remain blocked thereafter for as long as any liability may continue to be sought through legal action or contractual claims. You may exercise the rights of access, rectification, cancellation, opposition, right to request the limitation of the processing of your personal data and the portability right in the terms set forth by the GDPR by sending an email to us at the following address [[email protected]]. You also have the right to file a claim with the relevant data protection supervisory authority, if you believe that we have breached the applicable regulation when processing your personal data.
If during the Service we share with you personal data of third parties (for example the Tenant) you agree to process such data exclusively for the purposes for which we have disclosed it to you and according to the provisions of the GDPR and of any applicable national law on data protection. You also undertake not to disclose such information to any third parties unless legally authorised to do so.
Interpretation. Other than as set out in the Key Terms, headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise: (i) the singular includes the plural and the opposite also applies; (ii) if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning; (iii) a reference to a Clause refers to clauses in this Contract; (iv) a reference to legislation is to that legislation as amended, reenacted or replaced, and includes any subordinate legislation issued under it; (v) mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included; (vi) a reference to a party to this Contract or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives); (vii) a reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them; (viii) a reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
Entire Contract. The parties agree that this Contract (incorporating these Terms), the Homeppl Platform Terms & Conditions (https://homeppl.com/terms/), and Homeppl Privacy Policy (https://homeppl.com/privacy/) constitute the entire agreement between you and us and supersede and extinguish all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations, arrangements and understandings between us, whether written or oral, relating to their subject matter. This Contract will and prevail to the extent of any inconsistency with the Platform Terms & Conditions.
Varying These Terms. From time to time we may amend these Terms. We will notify you as to the date that the new terms will take effect. You acknowledge that your continued use of the Service will be subject to the new terms.
Assignment. You may not assign the Contract or any of your rights and obligations under the Contract. We are entitled to assign the Contract and any of our rights and obligations pursuant to it at any time.
No insurance. Your Contract does not not constitute a contract of insurance and/or surety in any way.
Third party rights. A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce this Contract, provided that this Clause does not affect a right or remedy of a person which otherwise exists or is available.
Liability for Expenses. Each party must pay its own expenses incurred in negotiating, executing, stamping and registering this Contract.
Counterparts. This Contract may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.
Severability. Any Clause, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining Clauses.
Governing Law. These Terms shall be governed by Spanish common laws, and are subject to the non-exclusive jurisdiction of the courts of Spain.