Terms of Service
1. GENERAL TERMS
DO YOU KNOW YOUR RIGHTS AND OBLIGATIONS? PLEASE READ THROUGH THE FOLLOWING TERMS AND CONDITIONS, WHICH CONTAIN SOME LIMITATIONS AND EXCLUSIONS, AS WELL AS THE CLAUSE THAT ESTABLISHES THE JURISDICTION AND AUTHORITIES FOR CONFLICT RESOLUTION, TOGETHER WITH THE APPLICABLE LEGISLATION.
BY ACCESSING, READING AND/OR USING THE MATERIALS OR SERVICES ON/VIA THIS WEBSITE, YOU ACKNOWLEDGE AND ACCEPT THESE TERMS AND CONDITIONS AS EQUIVALENT TO A SIGNED LEGALLY BINDING AND WRITTEN DOCUMENT.
By using the ROOMY website, its Contents and the application you accept the applicable Terms and Conditions each time you access the Contents of Application.
ROOMY reserves the right to change these Terms and Conditions at any time. Don't worry, we'll tell you of any changes in the Terms and Conditions that might affect you, the user, via the website or application. But, just in case, we suggest you look at these Terms and Conditions from time to time as well. And, I know we already said it, but by accessing the ROOMY Website or Application, after we've published the notice of changes or updates, you agree to the new terms. You are also aware that use of the Website and/or its Contents is done under your sole responsibility. And please be aware that some services of the Website or the ROOMY application may be subject to specific conditions that, where applicable, replace, complete, and/or modify these Terms and Conditions. Your provision of the service implies that you accept the specific applicable terms and conditions.
If you are under 18 years, you are not allowed to access, register, browse, use, store and/or download materials from the ROOMY website. When you access the Website and/or Content of ROOMY, you are declaring that you are at least 18 years old.
ROOMY is an online platform that puts in contact Host of properties with people, who are looking to rent accommodation for longer than one month. These accommodation listings can be found at www.roomy.uk , as well as through other websites, mobile apps, and other devices through which ROOMY offers its services. ROOMY does no provide tourist accommodation.
"ROOMY Content" is everything that is provided by ROOMY via its platform, app, and services, as well as any authorised third-party content.
"Content" is text, graphics, images, music, software, audio, video, information, as well as any other material published on the platform or application.
"Platform/website" is any domain through which ROOMY allows users to use or browse the online platform.
"Application" is any application for mobile devices that allows users to gain access to available services through the website.
"User" is any person who uses the website or application owned by ROOMY.
"Guest" is the person wishing to reserve accommodation via the platform or application, and/or who is residing at an accommodation, who is not the Host.
"Host" is a person or entity that has entered into an agreement with ROOMY to publish an accommodation listing on the platform. Host can be individuals or legal entities, or any other entity with the power to enter into a lease agreement for longer than one month, for the accommodation on their behalf or on the behalf of a third party.
"You" are the user, Guest, or Host, where fitting.
"Listing" is the published accommodation by ROOMY staff, by agreement between ROOMY staff and the Host, to be made available for reservation on the platform.
"Accommodation" is a residence, flat, house, lodging, or room that is published by the Host on the ROOMY website for online reservation.
"Tenancy Agreement" is a private lease agreement signed by the Host and the Guest, to which ROOMY is not party.
"Move-in Date" is the date which the Guest states at the time of reservation when they will begin occupying the accommodation.
"Move-out Date" is the date which the Guest states at the time of reservation when they will vacate the accommodation.
"Booking Fee" is what is paid by the Guest to ROOMY when making a booking via the platform or application only after the reservation has been confirmed by the Host.
"Initial Payment" is the amount that is transferred by the Guest when making a booking via the platform or application only after the reservation has been confirmed by the Host.
"Service Fee" is previously agreed between ROOMY and a Host and is calculated as a percentage of the total contract value.
"Booking Request" is made by the Guest to request a booking by clicking the "Book Now" button and completing the reservation form. Both the request and form are processed via email by the Host upon receiving them. The reservation request contains the move-in date, move-out date and the amount for initial payment.
"Tax" or "Taxes" a re the Value Added tax (VAT) or any other applicable municipal or state tax.
3. USE OF THE PLATFORM, APPLICATIONS AND SERVICES
The platform and application are used by Guest to make a reservation for accommodation longer than a month. Accommodation listings are published by ROOMY staff upon the request of the Host. ROOMY IS NOT A HOST OR REAL ESTATE AGENT AND DOES NOT OWN, SELL, FURNISH, RENT, MANAGE OR CONTROL PROPERTIES IN ANY WAY.
ROOMY's responsibilities are:
· a) to provide the platform, application and services.
· b) to withhold the initial payment transferred by the Guest to ROOMY on behalf of the Host, once the reservation has been accepted by the Host, so that it may be transferred to the Host after the service fee and VAT have been deducted. ROOMY will not take any further payments after the confirmation of the reservation by the Host. After the reservation has been confirmed, the Host is responsible for collecting payments for rent - unless it has been otherwise agreed between the Host and ROOMY.
4. ROOMY LISTINGS
All Listings on the Platform, Application and services must be approved and verified by ROOMY team.
The Host must make an appointment with ROOMY staff to take photos and the video as well as to verify the features of the property. The Host agrees that ROOMY staff can enter the property to take photos, draw the floor plan, take videos, or any other material needed for advertising.
The floor plans published in the listing are suggestive. There is no guarantee that the dimensions on the floor plan are accurate. ROOMY is not responsible for any inaccuracies on the floor plan.
The Host must provide all necessary information requested by ROOMY, including, but not limited to, the location, capacity, size, feature, availability, and price of the accommodation.
Listings must be prepared by a qualified ROOMY staff member or by the Host and approved by ROOMY once verified in person.
Listings and audio-visual material are created for the Host, free of charge. The Host will approve the listing and accept the Terms and Conditions that once the Guest makes a reservation, the price cannot be changed.
ROOMY can only guarantee the features of the accommodation at the date they were verified, therefore the Guests understand that the conditions of the accommodation may vary from those verified by ROOMY. However, the Host must maintain the accommodation to a similar condition as that in the listing. In the event that the conditions of the accommodation vary significantly from the listing, ROOMY can withdraw the listing for the accommodation.
If a Host uses another platform to lease the accommodation, ROOMY retains all copyright for all audio-visual and advertising material, as well as the rights for its use. If the Host or a third party use the material without written consent from ROOMY, ROOMY can demand termination of the use of the materials and claim corresponding damages.
5. RESERVATION PROCEDURES
When making a reservation, the Guest must provide all information requested by ROOMY. ROOMY will provide detailed information about the fees. The Guest will authorise their information to be retained by ROOMY and payment methods will be made available once the reservation has been accepted by the Host. The Guest will then receive and automatically generated email with the details of the reservation and a reference number. ROOMY will then send a reservation request to the Host, who will have 12 hours to accept or reject it. If there is no response, ROOMY will consider that reservation request to be rejected.
When making a reservation request, we will provide the Host with the following:
a) information about the Guest including their age, nationality, company, university, profession, education and any other information the Host requests;
b) A link to the listing on the ROOMY website.
If the reservation is accepted by the Host, ROOMY will keep the initial payment and booking fee, along with the related VAT. Roomy will email the Host and the Guest with details of the reservation and contact details. After this, the Host will be responsible for providing all relevant information to the Guest regarding the accommodation.
The Host accepts full responsibility for the listing they approve for publication. The Host also has the full right to make available and authorise the reservation of the accommodation.
The Host will ensure that after accepting a reservation, they will:
· a) not violate any Agreement entered into with a third party and
c) Be compliant with all laws and tax requirements, as well as any other regulation that applies to the accommodation, and avoid disputes arising from third party rights.
ROOMY is not liable for any breach, by the Host, of applicable laws, rules, or regulations. ROOMY can remove a listing at any time, for any reason, at its own discretion, which ROOMY deems could be challengeable by law.
ROOMY is not, in any way, an agent, insurance or otherwise. ROOMY is an authorised intermediary that accepts and receives initial payment from the Guest and transfers the payment to the Host after the service fee and VAT have been deducted.
ROOMY will give the Host all available information on the Guest, who has provided this authorised information for the reservation. Both the Host and Guest are responsible for their own actions and any non-disclosure of information.
Applicable to Owners in the United Kingdom:
It is the owner's legal responsibility to ensure that the Guest can rent the property, whether the owner's name is on the lease agreement or not. The Host must verify and keep all documents which grant the Guest the right to rent in the United Kingdom. If the Guest is not allowed to rent, the Host may be subject to a fine. ROOMY will not be held liable for verifying this documentation. For more information visit: https://www.gov.uk/check-Guest-right-to-rent-documents/who-to-check
When using the platform and services, you agree to hold ROOMY harmless against any legal actions or claims in regards to any legal action or claim arising as a consequence of the acts or omissions of the Host, Guest or third parties resulting in injury will be filed exclusively against the party in question.
ROOMY recommends that Host sure their accommodation.
ROOMY is not responsible for theft of any object from inside or outside the accommodation.
ROOMY is a platform for making online reservations for accommodation. Roomy does not inspect the accommodation, neither does it have a copy of the keys for the property.
6. ROOMY FEES
Reservations must be made for a minimum period of one month (30 days), where the Host can also specify a longer minimum period.
The Host must choose what kind of contact they will apply to their accommodation: daily, fortnightly, or monthly. https://www.Roomy.com/contract-types/
When the Guest confirms a reservation, they will transfer the initial payment to ROOMY, as well as the booking fee and VAT. Payment methods are listed on the platform or application.
The amount of the "Initial Payment" is calculated in the following manner:
The "Booking Fee" is calculated as a percentage of the Total value of the contract plus Value Added Tax (VAT) charged by ROOMY to the Guest.
The "Total Contract Value" is the amount paid for the whole stay.
The "Service fee" is a percentage that ROOMY will charge the Host for the services provided of the total contract value. That together with the VAT will be taken out of the Initial payment.
ROOMY will make the payment to the Host within 48 hours after the move-in date - initial payment minus the service fee and VAT. Roomy may withhold the payment if the Guest has told ROOMY that there are problems with the accommodation.
Discount codes can only be used at the time of the reservation request, or before confirmation of the request. Discount codes will never be applicable after this time.
7. MOVE-IN POLICY
Roomy approves the reservation and sends a confirmation to the Guest and the Host, which includes their contact information. Then then on it becomes the owner's responsibility to provide any other instructions or details to the Guest for moving in.
The Host must ensure that the accommodation is found in the conditions of the published listing. This applies to the pricing terms as well.
Applicable policy for when a Resident moves into the Accommodation.
Within 24 hours after the Move-in Date, the Guest can inform ROOMY of any Significant Deficiencies or any inaccuracy of the property with regards to the features indicated in the Listing. This notification must be addressed to assistance@Roomy.uk and copy the Host, include the reservation number and attach any necessary evidence, such as photos or videos. Once Roomy receives the email, at its own discretion, the circumstances will be checked and assessed.
Non-liveable conditions, health risk, and/or significant differences from the listing, are considered a significant deficiency.
The Host must take action within 36 hours to resolve the deficiencies in a reasonable time frame, if ROOMY staff deem a significant deficiency in the accommodation.
If the deficiencies are not resolved by the Host in a reasonable timeframe, the Host will be in breach of the terms and conditions. The Guest has the right to cancel their reservation. The Host must adhere to the cancellation policy (See Cancellation Policy for Host) and ROOMY will provide the Guest one of the following solutions, at its own discretion:
ROOMY staff will responsible for finding accommodation with similar features, which the Guest can either accept or reject, if similar accommodation can be found. If the substituted accommodation offered by ROOMY is less than the price of the original reservation, ROOMY will pay the difference to the Guest.
If ROOMY staff find there is no significant deficiency, yet the Guest cancels the reservation, the Guest will forfeit their booking fee, plus VAT, and the initial payment, which will be transferred to the Host.
ROOMY will only transfer the Initial Payment, minus the Service Fee and Value Added Tax (VAT), to the Host 48 hours after the Move-in Date (that which is indicated on the reservation), provided that the Guest has not informed ROOMY of any Significant Deficiency. (Very important for dispute resolutions)
Lease Agreement signed between the Guest and the Owner.
The lease agreement will be signed by the Guest and Host only and ROOMY is not party to any lease agreement. ROOMY will not be held liable in the event of any dispute, disagreement or claim. Situations arising from the lease agreement will be settled between the Guest and the Host. ROOMY will not be party to bond or security deposit negotiations required by the Host under the Lease Agreement or in any other type of Agreement, nor will ROOMY act as an intermediary for any dispute arising as a result of a bond or security deposit.
The tenancy agreement will govern the relationship between the Guest and Host, who are both responsible for thoroughly reading through it.
8. LEGAL NOTICE ON THE CANCELLATION POLICY
ROOMY's services are deemed to be fully rendered:
· When the Host has approved the reservation request made by the Guest.
· b) When the Owner has approved the Reservation Request made by the Resident.
ONCE THE RESERVATION HAS BEEN ACCEPTED, THE GUEST NO LONGER HAS THE RIGHT TO WITHDRAW FROM THE AGREEMENT.
9. CANCELLATION POLICY FOR HOSTS
Cancellation policies will be included in the tenancy agreement, which ROOMY is not party to, if the reservation has been approved and the Guest and Host have both signed the tenancy agreement.
If the Host cancels the reservation before the move-in date or before the Host and Guest have signed a tenancy agreement, the reservation fee, VAT and initial payment will be refunded to the Guest. In terms of the service fee:
a If the Host cancels the reservation with 30 days' notice or more of the move-in date, ROOMY will not charge any fee to the Host.
b) if the Host cancels with 72 hours and 30 days before the move-in date, ROOMY will charge the Host 25% of the initial payment.
· c) If the Host cancels the reservation with less than 72 hours' notice before the Move-in Date, ROOMY will charge 50% of the Initial Payment.
ROOMY can claim any of the above-mentioned amounts in the case of having to apply any of the penalties mentioned above. The Host acknowledges that ROOMY will send a request for payment that will be due within five working days.
10. CANCELLATION POLICY FOR GUESTS.
ROOMY will charge the Guest a service fee plus VAT, as well as the initial payment, when a Guest makes a reservation and once the Host approves it. No amount will be charged if the Guest cancels the reservation before it has been approved.
The booking fee and VAT will not be refunded by ROOMY to the Guest if the reservation has already been approved by the Host and the Guest cancels
Published in the Listing for the Accommodation, there are 3 types of cancellation policies for Guest, which the Host can choose at their discretion:
(If the Host does not choose any of the 3 policies, the default policy will be the standard cancellation policy).
Flexible: When the Resident cancels the reservation:
· a) ROOMY will not refund any withheld amount after the confirmation of the reservation, where Initial Payment will be transferred to the Host, 3 days or less before the Move-in Date.
· b) ROOMY will refund 50% of the Initial Payment to the Guest and the remaining 50% will be transferred to the Host, between 3 and 30 days before the Move-in Date.
· c) ROOMY will refund the Guest for 100% of the Initial Payment, 30 days or more before the Move-in Date.
Standard: When the Resident cancels the reservation:
· a) ROOMY will not refund the Guest for any amount and will transfer the Initial Payment to the Host, 30 days or less before the Move-in Date.
· b) ROOMY will refund the Guest for 50% of the Initial Payment and the remaining 50% will be transferred to the Host, between 31 and 60 days before the Move-in Date.
· c) ROOMY will refund the Guest for 100% of the Initial Payment, 60 days or more before the Move-in Date.
Strict: If, for whatever reason, the Guest cancels a reservation that the Host has confirmed, the initial payment will be transferred to the Host and ROOMY will not refund the Guest any amount.
When the Resident intends to cancel or modify a reservation.
In the event that a Resident has notified, through any means, ROOMY his/her intention to cancel or modify a reservation, ROOMY staff, will send an email granting a 24 hour period to confirm the intention to cancel or modify the reservation. In the event that the Resident does not reply to the email within the aforementioned period, it will be deemed that he/she has cancelled the reservation and the aforementioned Cancellation Policies will apply.
Applicable policy for a Resident who has requested a reservation and has paid for the reservation.
It is not possible to withhold the full amount to cover the reservation for the Accommodation, if the Guest has been charged by ROOMY for the reservation, for any reason, a payment request will be sent to the Guest to settle the remaining amount within the following 24 hours. ROOMY will charge an amount equivalent to the Booking Fee plus Value Added Tax (VAT), should the Guest not settle this payment in full. ROOMY will proceed to cancel the reservation for the Accommodation, where, under no circumstance, will the Guest receive a refund for this charge, nor will the Host be transferred any amount.
Aside from the foregoing charge, the following charges will also apply to the Guest:
· A) The equivalent amount to the booking fee, plus VAT will be charged, if payment has not been made in full within 30 days of the move-in date.
· B) 50% of the initial payment will be charged, if the payment has not been made in full between 3-30 days before the move-in date.
· C) The initial payment will be charged, if the payment has not been made in full 3 days before the move-in date.
If the payment is not made by the Guest, the Guest acknowledges that ROOMY has the right to request payment, and the Guest will have to settle the payment with ROOMY.
11. PAYMENT OF THE RENT
It is the sole responsibility of the Host to collect rent payments from the Guest after the tenancy agreement is entered into between the Guest and the Host. ROOMY is not liable for collecting rent payments or any other outstanding payments.
12. DISCLAIMER OF LIABILITY
48 hours after the move-in date, after ROOMY has transferred the initial payment to the Host, ROOMY will not be held liable for any event arising from the subsequent relationship between the Host and the Guest. All legal and any other type of relationship between ROOMY and the Guest and ROOMY and the Host will cease.
13. INVOICING PROCEDURE
A simplified invoice will be sent to the Host and Guest after the reservation has been finalised. A detailed invoice may be sent upon request with a breakdown of the corresponding VAT or other applicable tax, depending on the location of the transaction.
14. DILAPIDATION AND DAMAGES TO THE ACCOMMODATION
The accommodation must be maintained by the Guest in the condition that it was when they arrived at the accommodation. The Guest and Host are responsible for their actions as well as the actions of anyone they have invited to the accommodation. ROOMY is not liable for any damages caused in the accommodation. Damage liability will be resolved between the Host and the Guest.
15. TERMINATION AND CLOSING OF ROOMY ACCOUNTS
ROOMY can restrict access to the website or cancel listings at their own discretion, without being held liable and without giving prior notice.
Listings can be requested to be removed by the Host by writing to Hosts@roomy.uk. If a listing is removed, ROOMY does not have to transfer the content of the listing to the Host.
To uphold the relationship developing from these Terms and Conditions, any data collected by ROOMY for the use of the Website, Platform, Application or services will be treated in accordance with European Law (?) on the Protection of Personal Data and its implementing regulations.
Provided that this disclosure is required for the undertaking, compliance, maintenance and performance of obligations arising from this relationship, in accordance with Article 11.2.c) of the aforementioned Law or on the basis of any other legal provision authorising such disclosure, the User authorises, as the Host of the data, that such data may be disclosed to third parties.
Users may send written correspondence to: "ROOMY tech Ltd", 33 Cork Street, London, W1S 1NH, in order to exercise the Rights to access, challenge, rectify, cancel or oppose of the data.
17. APPLICABLE LEGISLATION AND DISPUTE RESOLUTIONS
These Terms and Conditions shall be interpreted in accordance with English law.
Any dispute arising from this Agreement will be resolved by arbitration, being final and binding, and administered by the English Court of Arbitration, in accordance with its Regulations and Rules, which is entrusted with administering the arbitration procedures and the appointment of the arbitrator or arbitrators. The seat of arbitration will be London.
Arbitration shall be held in London. In accordance with its Regulations and Rules, which is entrusted with administering the arbitration procedures and the appointment of the arbitrator or arbitrators, any dispute arising from this Agreement will be resolved by arbitration, being final and binding, and administered by the English Court of Arbitration in London.
Under certain circumstances Roomy (the Company) may provide Guarantee to users without any need for the user to opt-in or select the coverage in any way.
Roomy may provide a Guarantee to users, in certain circumstances, without the need for the user to opt-in or select the coverage.
ROOMY RESERVES THE RIGHT TO WITHDRAW OR MODIFY THIS POLICY AT ANY TIME. We recommend you carefully read these Terms and Conditions regularly to inform yourself of any modifications.
ROOMY can withdraw or modify this policy at any time. Please read the terms and condition carefully and regularly to inform yourself of any alterations.
The Guarantee is an additional service that Roomy offers users and which will only be applied when the company deems it appropriate and provided that all the conditions in the relevant section have been met.
The Guarantee is offered as an additional service by ROOMY to its users. It will only be applied when all the conditions of the relevant section have been met and when ROOMY deems it appropriate.
Guarantee for Host
ROOMY will provide damage coverage up to the amount of 500GBP at ROOMY'S discretion, if the Guest causes damages to the accommodation, either deliberately or accidentally, not pertaining to ordinary wear and tear, which exceed the amount of the deposit paid by the Guest, and provided that the following requirements are met:
1. The Host has 48 hours to contact Roomy from the date the damage was caused.
2. The Host must contact Roomy, within 48hrs from the date the damage being caused.
3. To prove the damages along with a quote or receipts to carry out the repair, the Host must send the necessary documentation. The necessary documentation is the following:
· a) Photographs of the damage caused by the Resident.
· b) Copy of the rental contract.
· c) Copy of the deposit receipt.
To confirm the information provided by the Host, ROOMY will contact the Guest, along with any relevant third parties.
The guarantee will cover only the damaged area. Labour costs, cosmetic damage, transport or tax, will not be covered. The following items are not included in the guarantee: art, jewellery, money, computers, tablets, wallets, or clothes.
B) Early departure or non-payment by the Resident
ROOMY will have 30 days to find a new Guest, if the Guest vacated the accommodation before the agreed departure date, without prior written notice and/or consent from the Host and without paying the outstanding amount to the Host.
ROOMY will pay the Host the amount covering the first 30 days from the date the Guest vacated the accommodation without making payment if ROOMY does not find a new Guest.
In the event that Roomy finds a new Guest, the company will pay the Host the amount corresponding to the days the accommodation was vacant and unpaid.
If Roomy finds a new Guest, the company will pay the Host the amount corresponding to the days the accommodation was vacant and unpaid.
The following conditions must be met and the assessment will be made at the discretion of Roomy to apply the above-mentioned policies:
1. Within seven calendar days from the date the Guest vacates the accommodation without making the final payment prior to the established departure date, The Host must contact Roomy.
2. The Owner must accept the new Resident provided by Roomy.
3. The new Resident provided by Roomy must be accepted by the owner.
4. The Guest must have actually vacated the accommodation and the accommodation is made available and advertised on ROOMY only.
5. The guarantee will not apply if the Host advertises the accommodation on another platform.
6. The Host must send the required documentation to prove the case within five calendar days after notifying Roomy of the early departure of the Guest. The necessary documentation is the following:
· a) Confirmation of the date the Guest moved out of the accommodation before the established departure date, resulting in non-payment.
· b) Copy of the rental contract.
· c) Copy of the deposit receipt.
The guarantee will apply only in the case that the deposit from the Guest does not cover the amount corresponding to the cost of the first 30 days rent.
C) Waiving of the Cancellation Policy for Owners in the case of Force majeure
ROOMY will waive the cancellation policy for the Host, if the Host cancels the reservation due to Force majeure, providing that sufficient documentation has been delivered. The evaluation will be made at the discretion of ROOMY.
Guarantee for Guests
A) Waiving of the Cancellation Policy for residents in the case of Force Majeure
ROOMY will waive the Cancellation Policy for the Guest and will refund the amount paid by the Guest to ROOMY, if the Guest cancels their reservation due to Force majeure, providing that adequate documentation has been provided. The evaluation will be made at the discretion of ROOMY.
B) Cancellation of the reservation by the Owner within 48 hours following the arrival date
ROOMY will pay the Guest up to 300EUR for accommodation at ROOMY's discretion, if the Host cancels the reservation within 48 hours after the arrival date, if the following requirements are met:
1. Roomy has received the invoice for accommodation.
2. The accommodation is in the same city where the Guest held the booking.