Renthia terms of use

RENTHIA TERMS OF USE

 

These terms and conditions (“Terms”) applies when Renthia AB, company registration number 559010-9525, address Hälsingegatan 49, SE-133 31 Stockholm, e-mail address info@renthia.com (“Renthia”) supplies the website http://www.renthia.com (the “Website”) and the Service, as defined below, to you, (“You”).

1.  GENERAL

  • Renthia has developed a service that matches prospective tenants to various accommodations and thereby facilitates sub-letting different types of accommodations to companies and physical individuals.
  • In order to be eligible to use the Service you must i) be at least 18 years of age, ii) complete the registration of a user account and iii) accept these Terms and our Privacy Policy that is available to you here.
  • By creating an account and by using the Service [OR: by clicking on the “I Agree” button when you create your account] you hereby acknowledge and agree to these Terms and they will come into effect.

2.  THE SERVICE

  • The Service is defined as:
    i) a digital, internet supplied, platform upon which users may either register Accommodation that they want to rent out or apply for renting Accommodations that are available on the platform (“Digital Platform”) and
    ii) a screening service of prospective tenants.
  • In general, use of the Service will comply with the following, standardized process:
    • A Landlord (as defined below) registers an apartment/house/room (“Accommodation”) that the Landlord wants to rent out on the Digital Platform.
    • Renthia markets the Accommodation via the Digital Platform and through additional marketing channels.
    • Prospective Tenants (as defined below) applies for renting the Accommodation via the Digital Platform.
  • Renthia identifies and reviews applications in order to find Prospective Tenants that fulfil the Landlord’s specifications of the lease and tenant. Renthia will administer and carry out all communications with Prospective Tenants. Once Renthia has identified suitable tenants, Renthia will present a shortlist of Prospective Tenants to the Landlord and collect the Landlord’s approval of the tenant.
  • Upon the Landlord’s approval of a tenant, the Landlord and the approved tenant (“Tenant”) will enter into a lease agreement regarding the Landlord’s Accommodation (“Lease Agreement”).
  • Please note that Renthia does not offer any Accommodation and is not a contracting partner to the agreements concluded between the Users. Negotiations regarding Accommodations may be facilitated by the features on the Digital Platform or by Renthia. When the Users have come to a mutual understanding regarding the lease of an Accommodation, their understanding shall be outlined and specified by the Lease Agreement.
  • Renthia may provide new, additional services or features to the Service. Such new services or features can be associated with particular conditions. If this is the case, Renthia will present these conditions on the Website and, should it be required by substantive law, request your consent. If the user wants to activate the new service user must accept the special conditions applicable to that Service.
  • Renthia undertakes to provide the Service in a reliable manner. Access to the Digital Platform can be restricted or interrupted temporarily through maintenance work, further development or disruptions. Renthia will announce disruptions of the aforementioned kind to Users in a timely manner wherever possible. If You have an urgent matter while the Digital Platform is temporarily inaccessible, please contact our customer support for personal service, at email support@renthia.com.

3.  CREATING A USER ACCOUNT

  • In order to use the Service, including register an Accommodation or apply for an Accommodation, You will have to create a user account for the Digital Platform (”User Account”). A holder of a User Account (“User”) may use their User Account in order to register Accommodations or file applications for renting an Accommodation. A User that uses the Platform to register Accommodations is hereinafter referred to as “Landlord”. A User that uses the Platform to apply for lease of an Accommodation is hereinafter referred to as “Prospective Tenant”. The Landlord and Prospective Tenant are collectively referred to as “Users”. A User may use its User Account as both Landlord and Prospective Tenant.
  • There are two options available to create a User Account. You either create an independent User Account or You use third party services, such as Your Facebook or G+ account, to create a User Account. If you choose to create an independent User Account, the registration process of a User Account includes submitting your e-mail address, choosing a user name and choosing a password and clicking on “Create Account”. If you choose to create User Account by using third party services, the registrations process of a User Account includes clicking on “sign up using Facebook or G+”. You may thereafter sign in to your User Account to access the Digital Platform.
  • If you choose to use third party services to create a User Account, access to the Service and your personal information may be subject to the terms and conditions and privacy policy of the third party service in question.
  • You agree that all registration information that you provide is accurate and up-to-date. In our sole discretion, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is offensive.
  • In order to use the Service, you will be asked to submit certain information about yourself which will be used to provide you with the Service, such as:
  • Full name,
  • E-mail-address
  • Social Security number
  • Phone- and cell phone number (optional)
  • Date of birth (optional)
  • Your address
  • Passport information
  • Geo-location of the device from where you access the Website and Service. (Positioning data).
  • Billing details

 

  • Any personal information that you supply or communicate to Renthia when using the Service will be processed in compliance with Renthia’s privacy policy, which you can find here.
  • When creating a User Account by third party services, as Facebook or G +, the third party service may request you to grant access to certain information, including personal information. This information may be subject to the terms and conditions and privacy policy of the third party service in question.
  • You acknowledge that your User Account and password are individual and private information and agree:
    • To provide truthful, current and complete information when completing your registration for a User Account or an Accommodation;
    • To keep the User Account data up-to-date and correct at all times;
    • Not to disclose your password, allow anyone else access your User Account, or do anything else that might jeopardize the security of your User Account;
    • To inform Renthia immediately if there is reason to suspect unauthorized use of your User Account;
    • Not to upload viruses or other malicious code on the Digital Platform;
    • Not to use the Digital Platform to do anything unlawful, misleading, malicious, or discriminatory according to applicable law;
    • Not to use the Digital Platform to register Accommodations if you are younger than 18 years of age. Anyone under 18 is prohibited to enter into a Lease Agreement, but may access and use the Digital Platform to browse the listings of any Accommodation;
    • Not to use the Service if you are located in a country embargoed by the European Union or the U.S., or are on the U.S. Treasury Department’s list of Specially Designated Nationals; and
    • Not to transfer your User Account without receiving our prior written consent.

4.  REGISTERING ACCOMMODATIONS

  • Users may register Accommodation as instructed by Renthia from time to time, or as otherwise outlined on the Website. You must provide all information requested.
  • The Landlord undertakes to indicate the total price of the respective offering, i.e. the Accommodation Price plus any applicable value added tax incurred. In doing so, however, the Landlord undertakes to state other price components such as cleaning fees etc. specifically
  • Users warrant that they have the right to enter into this agreement and a right to sub-let the Accommodations. This includes, but is not limited to, that the User has obtained, if applicable, any landlord’s or board of the housing association’s approval to sub-lease the apartment, co-operative apartment or other type of accommodation, as well as verified with the local authorities whether one is allowed to lease the Accommodation in accordance with the desired preferences and circumstances of the Landlord, before registering the Accommodation for hire on the Digital Platform.
  • Users acknowledge and agree to, where applicable, have and maintain an appropriate home and property insurance of your Accommodation and their property.
  • User shall, when registering an Accommodation, accurately and completely describe the facilities in words and, if applicable, in pictures in order to give any Prospective Tenants a fair impression of the Accommodation and to make it possible for any Prospective Tenant to assess the offering himself/herself. The offering includes all properties of the Accommodation that typically are of material importance for the Prospective Tenant’s decision, including but not limited to, defects or other disadvantages of the Accommodation that have a considerable negative effect on the attractiveness of the Accommodation (such as e.g. localization, proximity to roads, airports or the like, etc.).
  • A User that registers an Accommodation undertakes to clearly state if any rooms and/or items in the Accommodation are not included in the right of usage and/or what other rules of conduct are to be part of the Lease Agreement.
  • A Landlord undertakes to indicate to Renthia the expected total price for the Accommodation (“Accommodation Price”) plus any applicable value added tax incurred.
  • Any registered Accommodations will be published in the Service upon the completion of Renthia’s review of the Landlord’s description of the Accommodation and the Landlord’s acceptance of any adjustments to the descriptions of the Accommodation made by Renthia.
  • You acknowledge and accept that Renthia determines, in its sole discretion, how and in which order any Accommodation is displayed on the Digital Platform and how Renthia will carry out identification, screening and review of Prospective Tenants, including selecting the time to present Prospective Tenants to the Landlord.
  • You may not use Renthia’s Service to market your business if you are running a professional hotel operation. For the purpose of these Terms, a professional hotel operator is defined as a party subleasing Accommodation on a regular basis with a capacity to accommodate at least nine guests or with the capacity of at least five guest rooms. Please note that local laws may impose special requirements for professional hotel operators and may have their own definition of what constitutes a professional hotel operator. By agreeing to these Terms, you agree that you will keep yourself informed of and comply with, e.g., local taxes, local zoning laws and any requirements of obtaining permission from local authorities (as applicable).

5.  APPLYING FOR ACCOMMODATIONS

  • Users may apply for leasing an Accommodations that are presented on the Platform (“Applications”) by filling in the application form available on the Platform or the Website.
  • Filing an Application does not imply that the applicant will be selected to be presented to the Landlord as a Prospective Tenant. Renthia reserves the right to, in their sole discretion, identify, review and reject Applications and to present a shortlist of Prospective Tenants to the Landlord. The decision to select and approve a Prospective Tenant is made by the Landlord, exclusively.

6.  APPROVAL OF TENANT

  • Renthia will, to the best of their efforts, identify suitable Prospective Tenants that are eligible to lease an Accommodation in accordance with the requirements defined by the Landlord.
  • Renthia is only obligated to present [10] Prospective Tenants to the Landlord. Renthia’s obligation to presented Prospective Tenants to a Landlord elapse when a Landlord refused the [10] presented.

7.  LEASE AGREEMENT

  • When a Landlord has approved a Prospective Tenant, the Landlord and the Prospective Tenant will enter into a separate Lease Agreement in which the rights and obligations of The Landlord and the Prospective Tenant will be outlined in detail. The Lease Agreement will include regulations regarding, for example, but not limited to, lease period, Rent, termination of lease, applicable insurance policy and support services. The Lease Agreement will be signed by electronic signature.
  • A Landlord and a Prospective Tenant that are entering into a Lease Agreement are each recommended to save a local copy of the Lease Agreement. Please note that each jurisdiction may have other, or additional, formal requirements for the validity of a lease agreement. Renthia will, to the best of their efforts, supply You with information regarding the formal requirements for signing a lease agreement in Your jurisdiction.
  • Renthia may provide additional services to the benefit of the Landlord, subject to separate agreement, as agreed by the parties.
  • You acknowledge and understand that the specific details regarding the lease will be outlined in the Lease Agreement. For the avoidance of doubt, any complaints upon check-in or check-out will be handled in accordance with what has been stated in the Lease Agreement.

8.   TERM AND TERMINATION

  • The Service will be provided starting at the date of the User’s completed registration for a User Account, when these Terms have been approved by the User. These Terms remain in force for an indefinite period of time, unless they are terminated as set out below.
  • You may terminate Your User Account, and thereby the use of the Service, at any time without stating a reason for the termination. You terminate the User Account by de-registering the User Account by [clicking “delete account” in the settings of their User Account].
  • Renthia may cancel, suspend or terminate the User Account at any time by giving You 30 days’ notice. Renthia’s right to block and to terminate the User Account in accordance with Section [16] shall not be affected by this Section.
  • Upon termination, Renthia will delete Your User Account and your log-in information. Any Content or otherwise uploaded information to the Service will be deleted automatically [2 months] upon termination of the account.
  • For the avoidance of doubt, any rights or obligations set out in the Lease Agreement will be performed in accordance with the Lease Agreement.

9.   SERVICE FEES

  • The Service is [, unless otherwise set out in these Terms,] supplied to You free of charge.
  • Renthia reserves the right to claim a [monthly recurring] commission corresponding to 10% of the Accommodation Price including any applicable VAT (the “Service Fee”) from the Tenant.
  • Please note that the total price that will be presented to Prospective Tenants includes the Accommodation Price including any applicable VAT (as at the date of the actual payment) and the Service Fee. The Accommodation Price and the Service Fee are jointly referred to as “Rent”. A Landlord is not permitted to charge a Prospective Tenant any additional charges or fees upfront.

 

10.  PAYMENT ADMINISTRATION

  • [Renthia has entered into a separate service agreement with a Payment Service Provider regarding administration of any billing and payment under these Terms and the Lease Agreement. Any of billing and payment under these Terms and the Lease Agreement will be handled by the independent contractor [Billogram AB] (the “Payment Service Provider”).]
  • [You understand that any credit information, such as inter alia bank account numbers will be processed in accordance with Renthia’s Privacy Policy that you find here. ]
  • [It may take up to 10 business days before the money is deposited into your account, depending on the Payment Service Provider and Your personal bank’s handling times and procedures.]
  • [Any payments made by the Tenant will be held by the Payment Service Provider on behalf of the Tenant and shall be released to Renthia/the Landlord after [48] hours following the payment of the Tenant.All payments under the Lease Agreement shall be made exclusively to Renthia, or any third party Payment Service Supplier appointed or used by Renthia, as set out in the Lease Agreement.]
  • [[All fees are invoiced monthly in arrears. Each invoice is due 30 days after invoice date.]
  • [Late payment is charged interest corresponding to the higher of 1,5 % per month and the Swedish Interest Act (Swe: Räntelagen).]
  • [If You are delinquent in payment of any portion of an invoice, Renthia may, in addition to any other remedies it may have, including termination, suspend access to the Service.]
  • [Renthia may charge fees for administrating invoices and payments and reminders due to late payment.]
  • [All payments in made under these Terms or the Lease Agreement must be made in the relevant currency preferred by each Landlord.]
  • [Renthia is not liable for any cost, loss or damage due to currency fluctuations or for any bank fees charged by Your bank in connection with making payments under these Terms.]

 

11. LANDLORD WARRANTY

  • Renthia understands and acknowledges that subletting accommodations implies a risk for value loss for the Landlord as a result of Prospective Tenant’s destruction of, inter alia, interior and furniture. Renthia may compensate a Landlord for value loss in accordance with below described insurance policy.

12. CASES OF SUSPECTED FRAUD

  • If Renthia has a good faith belief that Users are aiming to act or acts in a fraudulent manner to the detriment of the other Users, the Service or Renthia or if there is any other suspicion of criminal acts pursuant to the applicable Penal Code, Renthia has the right to [procure from the Payment Service Provider to hold all payments].
  • Please note that Renthia is under the obligation to report any evidence of fraud, money laundering, or other criminal activity performed on the Digital Platform to the competent police authority.

13. CONFIDENTIALITY

  • The Data distributed and displayed via the Service is confidential information (”Confidential Information”). Information i) that is, or becomes, known to the general public, ii) which is already in the receiving party’s possession prior to disclosure by a party or iii) which is independently developed by the receiving party without the use of Confidential Information shall not be considered Confidential Information.
  • You understand and agree to keep and procure to be kept secret and strictly confidential all Confidential Information.
  • For the avoidance of doubt, Confidential Information shall not be used by either party for any purpose other than fulfilling its obligations and complying with these Terms, as required by mandatory applicable law or regulations of administrative bodies or to the extent required by the rules of any relevant stock exchange.
  • You shall not at any time divulge, disclose or otherwise furnish, directly or indirectly, to any third party any Confidential Information unless explicitly permitted herein or required by law or regulations of administrative bodies.

14. RIGHTS TO THE SERVICE AND WEBSITE

  • Subject to your compliance with these Terms, Renthia grants you a limited, non-exclusive, non-transferable license, to access, view and use the Service solely for the purposes of the Service. You have no right to sublicense the license right granted in this section.
  • Renthia is free to use any feedback, comments, or suggestions that You may send, or otherwise provide to Renthia, concerning the Service and the Website, and use it to improve the Service and Website, or otherwise how Renthia sees fit, without any obligation of specific compensation or other obligation to You.
  • The Website and the Service is protected by copyright law, trademark law, other intellectual property law and other regulations under Swedish law, and the law of other countries. You herby confirm and consent to that the Digital Platform, the Website and the Service and their intellectual property rights, including data, belong to Renthia, or any of Renthia’s licensees or licensors, exclusively. You may not delete, change, distribute or distort any type of copyright- trademark- or other intellectual property right that is available on, or in connection to, the Service, the Digital Platform and the Website.

15. RIGHTS TO CONTENT

  • Any and all information, data, text, software, photos, graphics, messages, tags and other content, data or information that you upload or make available to the Website (“Content”) will become the property of Renthia. For the avoidance of doubt, this includes, but is not limited to, a right for Renthia to:
    • freely dispose of Your Content, with the right to process, adapt, modify, store, copy and make it available to the for the supply of the Services offered by Renthia as available on the Internet and on mobile applications, that can be downloaded or otherwise accesses by a computer, mobile telephone or other device.
    • use the Content worldwide for the promotion of Accommodations, including the first name and profile picture of You, in print media of any kind, television, radio advertising (right of copying, dissemination, broadcasting, public rendition) and other online services and the right to process or redesign the Content and the right to grant these rights to business partners of Renthia or companies within Renthia’s group of companies.
  • You warrant that You have the necessary rights to use and dispose of the Content that You upload to the Digital Platform and thus is published on the Digital Platform.
  • Renthia reserves the right to remove certain Content, in its entirety or in part, from the Digital Platform, if the content is unlawful or is to be considered as forbidden content or forbidden activity pursuant to these Terms.
  • The Users are forbidden to entry, upload or share User Content and engage in the following activities on the Digital Platform, including but not limited to: insults, false accusations, abusive criticism, other defamatory statements, statements and images prohibited under criminal law (such as images glorifying violence and war, racism, child or violent pornography or calls to commit criminal offences), any sexual content and depictions or those that are a danger to children and young people; publication of images on which persons can be recognised who have not given their consent to publication, de-anonymization of other users, usage of the Digital Platform for own commercial purposes that go beyond the actual purposes of the Service (unless Renthia has provided its prior written consent), publication of personal data of third parties, usage of the Digital Platform for political or religious activity, sending of junk mails, chain letters or unrequested mass e-mails, spimming or spamming, the disruption, interruption or excessive use of the Services of Renthia, the use of the User Account, user name or password of other Users, use of mechanisms, software or other scripts in conjunction with the Digital Platform that could impair the function of the Service, blocking, overwriting or modifying the content generated by Renthia, the usage of Renthia’s Services in a manner that violates applicable laws and regulations. Please note that the examples included in this list are not exhaustive.

16. AVAILABILITY AND ACCESS TO THE SERVICE

  • Renthia intends that all information in the Service is accurate and as up to date as possible. Renthia cannot guarantee the availability of the Service or the reliability or accuracy of the information that is presented in the Service or the Website. Renthia cannot be held accountable if the Service is inaccessible or if any information or functionality does not work as expected, including but not limited to, data loss.
  • In the event that You are in breach of statutory regulations, rights of third parties or these Terms, Renthia reserves the right to warn You, delete Content, restrict Your access to the Service, exclude (block) You temporarily or definitively from using the Service entirely and/or initiate legal action.
  • Unless otherwise stated by the applicable law, Renthia may in its own discretion choose how to address a violation of these Terms and of any applicable law.
  • If Your access to the Service has been blocked by Renthia for reasons specified in these Terms, You may not circumvent such protective measures by registering a new User Account or to use the Services via another user’s User Account.
  • For the avoidance of doubt, in case a User has been blocked from accessing the Website or Digital Platform, the Lease Agreement between the Tenant and Renthia will remain in force until it is duly terminated in accordance with the provisions thereof in the Lease Agreement.

17. LIMITATION OF LIABILITY

  • Except for cases of intent or gross negligence, Renthia is not liable for indirect damage such as, but not restricted to, lost profit, diminished production, business turnover, inability to fulfil obligations to third parties or loss of benefit of the Service or loss of data, unless otherwise specifically agreed.
  • Renthia’s liability for direct damages shall be restricted to direct damage that can be considered as typical and foreseeable.
  • Renthia is under no circumstances liable for any loss or damages of any kind that are directly or indirectly related to: (i) the Content; (ii) Your use of, or inability to use, or the performance of the Service, including the Digital Platform, (iii) any loss of Content or; (iv) any action taken in connection with copyright or other intellectual property owners.

18. THIRD PARTY WEBSITES

  • In order to provide you with a user-friendly Service, we use services from third parties for e.g. to host the Service internal communication, analysis of user data, customer support and payments. Please note that any information that you enter on a third party website (either integrated with the Service or accessible via digital or otherwise online redirection), will be shared with the owner of that third party. Your information may be subject to the privacy policies as well as the terms of use of such third party sites.

19. CHANGES TO THESE TERMS

  • We have the right to make changes to these Terms of Use. We will inform you of any such changes at the latest thirty (30) days before a change starts to apply. We will give you such information by clear notice here renthia.com/legal or by email to the email address provided by you.
  • You have the right to at any time and without prior notice terminate your user account and remove your Content from the Website.
  • We have the right to suspend your access to the Services with immediate effect if we have reason to believe that you are violating these Terms. Furthermore, we reserve the right at any time to modify, discontinue, temporarily or permanently cease providing the Services without prior notice at any time on our own discretion, or if required by law or decision by an authority. You agree that we shall not be liable to You or to any third party for such modification, suspension or discontinuance.

20. FORCE MAJEURE

  • A Party is not responsible for any delay or loss due to circumstances that the party has no control of and which significantly hamper the fulfilment of the obligation in question, or that causes the fulfilment of the obligation not to be economically justifiable.

21. INDEMNITY

  • You will indemnify and hold Renthia (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.

22. MISCELLANEOUS

  • You may not transfer or assign any rights or obligations and licenses granted under these Terms.
  • If the ownership of Renthia’s business changes, we may transfer and assign these Terms and any information, rights and obligations, including your User Account, set out under these Terms. This includes any assignment to a company within Renthia’s group of companies, including an owner of, or subsidiary to, Renthia. Any new owner will still have to honour the commitments we have made in these Terms.
  • You acknowledge and agree to that no agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created between you and Renthia by these Terms.
  • These Terms were written in English. To the extent any translated version of these Terms conflicts with the English version, the English version shall prevail.
  • These Terms shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.
  • To the extent permitted by law, any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.
    The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by the District Court of Stockholm.

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