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Terms and Conditions

SEASONAL LEASE CONTRACT

It is governed by the following clauses:

THE PARTIES STATE

The lessee has the capacity and the right to lease to the lessor a room or studio and the right to use the common areas, according to the terms of this contract agreed upon by both parties.

The lessor declares his intention to lease a room or studio with the right to use common areas, with a temporary use of that room or studio, limited to the duration of this contract and not as a habitual residence.

Both parties freely acknowledge their understanding and acceptance of this ROOM LEASE AGREEMENT (the “Agreement”), pursuant to articles 1,542 to 1,582 of the Royal Decree of July 25, 1889, text of the edition of the Civil Code (the “Civil Code”), and to the Urban Leasing Law (LAU) article 3 which regulates SEASONAL LEASES. mutually recognizing each other’s legal capacity to enter into it, subject to the following clauses.

Nature of the lease:

The lessee expressly declares that the present lease is for use other than as a dwelling, in accordance with Article 3.2 of Law 29/1994, of November 24, 1994, on Urban Leases, as it is a seasonal lease. To this effect, he/she declares that his/her occupation of the rented property is of a temporary nature and is motivated by a specific reason: for example, work, studies, medical treatment or recreational reasons, without constituting his/her habitual and permanent residence . The tenant undertakes to leave the dwelling or room at the expiration of the agreed term, without it being understood in any case that this contract generates rights of extension or permanence beyond the stipulated period.

The lessor may request a document justifying the reason for the contract.

Object of the lease:

1.1 The owner rents to the tenant, who accepts in this act, the room or studio together with the common areas of the property, which the tenant accepts in this act.

1.2 The Tenant agrees to use such room or studio or study, together with the common areas of the Premises, exclusively as the Tenant’s dwelling.

1.3 In connection with the use of the room or studio or study and the Premises, it is strictly prohibited:

  1. a) Any other type of use other than that described in the preceding paragraph.
  2. b) Sublease, in whole or in part.
  3. c) The assignment of the contract without the prior written consent of the lessor.
  4. d) The use of the Property for commerce, industry, office or professional office.
  5. e) To use it for vacation lodging.

Failure by Tenant to comply with this essential obligation shall entitle Landlord to terminate this Lease.

1.4 Due to the size of the room or studio, occupancy will be limited to the number of persons specified during the reservation.

1.5 The Tenant undertakes to comply with and respect at all times the statutes and internal rules of the house or of the community of owners to which the property belongs, which he/she declares to know and accept. Furthermore, he/she undertakes not to disturb or harm the peaceful coexistence of the rest of the neighbors of the community.

1.6 Rules of coexistence in common areas of the property: The tenant agrees to respect the rules of respect and good coexistence with the rest of the tenants of the property.

1.7 Pets: The Tenant is expressly prohibited from keeping any type of pet in the property, except with the express written consent of the landlord. Failure to comply with this obligation shall be considered sufficient cause for termination of the contract.

The term is the term specified in this contract. It may never exceed 364 days and shall not be tacitly extended.

The Tenant agrees to allow the landlord access to the common areas of the property, and to the private area, studio or room that constitutes the object of the lease of this contract, in order to solve any difficulty or avoid a future problem.

The breach of this commitment by the Tenant shall be sufficient cause for the landlord to terminate this contract, being the tenant liable for any damages that the impediment of access to the property may cause to the landlord.

4.1 The landlord shall deliver to the Tenant the room or studio and the property in perfect conditions of habitability, good state of conservation and functioning of its services and to the entire satisfaction of the Tenant.

Both parties confirm that the property has a fully equipped kitchen in the common area or in the studio itself, as the case may be, and that the room or studio is delivered furnished. Upon arrival of the tenant, an inventory will be sent to the tenant, which will be attached to this contract. This inventory will contain the details of the furnishings of the room or studio and the property.

4.2 The tenant undertakes not to register in the dwelling subject of this contract without the prior written consent of the landlord. In the event that the lessor authorizes the census, it will be an essential condition for the return of the deposit the presentation of a certificate or official proof of unregistration by the lessee at the end of the contract.
In the absence of such proof, the lessor will be exempt from the obligation to return the deposit, until such time as compliance with this requirement is not accredited.

This contract specifies the monthly payments to be made. In order to confirm the reservation, the following payments will be made:

Standby fees

To block the rental of the room or studio, the tenant will pay 121€, through the secure payment platform (Booking fee), which will only be refunded in case the landlord cannot accept the reservation.

Surety bond or security deposit

Together with the signing of the contract will be paid: The deposit of 1000€.

This deposit will be returned to the tenant during the month following departure, if the room or studio is returned in the same condition as received and provided that the tenant has not caused any damage to the property (room or studio or common areas).

3.Monthly payments

The method of payment of the monthly payments will vary according to the type of rate booked, as specified below. The charges will be automatic the first week of the month in advance, on the credit card provided by the tenant. Exceptionally, payments for reservations of 1 or 2 months or rates with discount for payment in advance can be made by bank transfer, as long as the amount exceeds 1.500€.

  • Discounted rates for payment in advance.

Method of payment: by bank transfer, 100% of the contract amount.

  • Rates for 1 or 2 months.

Method of payment: 100% of the contract amount charged by credit card, or by bank transfer if the amount exceeds 1.500€.

  • Rates from 3 months to 12 months of stay.

After signing the contract, the first monthly payment of the stay (if more than 15 days) will be paid together with the last monthly payment of the stay (if more than 15 days). If the month of arrival or departure is less than 15 days, the first and/or last monthly payment will be paid in full.

The remaining monthly payments will be charged on the first day of the month in advance.

Payments shall be made through the credit card authorized by the LESSEE at the time of booking. In the event of a change of card, the HIRER must notify the LESSEE.

Reservation fees are NOT refundable, unless the RENTER is unable to accept the reservation.

Cancellation fees:

-Beforethe entrance:

Up to 45 days prior to arrival date: refund of deposit and monthly payments that have been paid.

Up to 30 days before the check-in date: refund of the monthly payments that have been made.

After the anticipated check-in or check-out date:

For reservations from 3 to 12 months: in the event of early departure or cancellation once the stay has started, the deposit (1000€) will NOT be refunded and the tenant will be obliged to pay two (2) additional monthly payments, unless there are less than two months left before the departure date, in which case the landlord will pay the rest of the stay.

For reservations with prepayment of the entire contract, there will be no refund after the check-in date.

The general expenses for the adequate support of the property, its services, supplies, taxes, charges and responsibilities that are not susceptible to individualization and that correspond, currently or in the future, to the leased property or its accessories, (and therefore, all the community expenses corresponding to the building and the services of the Community) shall be for the account and charge of the LESSOR.

The costs of the supplies (water, electricity, gas and heating, wifi and any other similar) of the property rented as private or private of the same (water, electricity, gas and heating, wifi and any other similar), shall be at the LANDLORD’S expense and charge as long as they are within the limits indicated below:

  • Limits:
  1. Electricity: 75 €/month per room or studio or rented studio
  2. Gas (if applicable): 75€/ month per room or studio or rented studio
  3. Water: 50€/month per room or studio or rented studio

If the cost of the consumptions exceeds the indicated limits, the LESSEE shall be obliged to pay, together with the corresponding monthly rent receipt, or if applicable, upon termination and settlement of the contract, the excesses incurred.

Said Excesses will be determined by the monthly consumption reading that appears in the general meter, divided among the occupants of the property, as well as the proportional part of the other associated concepts that appear in the invoice of the supplying company/s, and that the lessor will invoice with its pertinent justification.

The parties agree that the interruption of such supplies for reasons beyond the LANDLORD’S control shall not affect the present contract, and in particular shall not entitle the LESSEE to indemnification in favor of the LESSEE or to the suspension, reduction or remission of the amounts due under this contract.

Ownership of supplies.

The tenant assumes no obligation whatsoever to change the ownership or direct debit of the supplies indicated in the preceding clause, which will remain in the name of the owner.

Community expenses and IBI.

The owners’ community expenses as well as the real estate tax (I.B.I.) will be paid in full by the owner.

Payment of fees

The fee for the collection of solid urban waste and the fee for the passage of carriages (if applicable) shall be paid by the owner.

Service interruption

The owner assumes no responsibility for any interruptions that may occur in any of the common or individual services, except for causes attributable to the owner, nor shall the owner be obligated to make rent revisions for such interruptions.

8.1 The owner undertakes to carry out any necessary repairs to the property and, where appropriate, to the room or studio to keep them in habitable condition for the agreed use, except those arising from negligence or fault or due to wear and tear caused by the ordinary use of the property and the room or studio by the tenant or its occupants, including those of household appliances and other facilities of the property. The tenant shall be solely responsible for any damage, both physical and material, that may be caused to third parties as a direct or indirect consequence of their habitation in the property and in the room or studio, exempting the owner from any liability, including damage resulting from installations for services or supplies.

For clarification purposes, the owner shall carry out all repairs necessary for the maintenance and proper functioning of the appliances and/or furniture of the room or studio and of the property. The tenant shall be responsible for the repairs when the damage has been caused by himself, as the case may be by a non-diligent use of such elements.

8.2. If during the term of the lease it is necessary to make any urgent repairs to the room or studio or to the property which cannot be deferred until the conclusion of the lease, the tenant is obliged to tolerate the work, even if it is inconvenient to him, and even if during it he is deprived of a part of the Property.

9.1 The Tenant may not carry out any works, installations or improvements of any kind on the Premises without the express prior written consent of the Owner. In particular, the written consent of the landlord shall be required for:

  1. a) the installation of any household appliance, furniture or air conditioning apparatus attached to the room or studio or to the property.
  2. b) making any kind of alterations to the walls, tiles of the room or studio or of the property (in particular, any kind of holes or grooves by hand or with mechanical tools).

9.3 In the event that the Tenant carries out works without the prior permission of the Landlord, the latter may request the termination of this contract and require the Tenant to restore the room or studio or the property, as the case may be, to its original state.

10.1 On the date of termination of this contract and, if applicable, of any of its extensions, the Tenant shall vacate the room, studio or dwelling and the property without any requirement to do so by the landlord.

10.2 The Tenant undertakes to return the room, studio or apartment, the Property and the keys duly delivered on the date of termination of this contract in perfect condition, with no deterioration other than that which would have occurred by the mere passage of time and ordinary use, free of the Tenant’s personal belongings and completely unoccupied.

10.3 The Tenant expressly undertakes to pay for the repair of any damage (for example: tiles, cupboards, wooden frames, taps or sanitary fittings, etc.) before returning them to the landlord.

10.4 The delay in vacating the room, studio or apartment and/or property by the Tenant shall accrue in favor of the landlord, as a penalty for each day of delay, an amount equal to double the daily rent that was in force at that time. All this, without prejudice to the Tenant’s obligation to vacate the property immediately.

The tenant expressly waives the right of first refusal and the right of withdrawal that may correspond to him by virtue of such condition.

12.1 The following shall be causes for termination of the contract, in addition to those legally established in the Civil Code and those provided for in this contract:

  1. Failure to pay the rent or, as the case may be, any of the amounts whose payment has been assumed or corresponds to the Tenant.
  2. Failure to pay the amount of the guarantee established in Clause Five, if agreed upon.
  3. The infliction of damages caused maliciously in the room, studio or dwelling or in the property or of works not consented to by the owner, when the owner’s consent is necessary.
  4. When the Tenant carries out in the room, studio or dwelling or in the Premises annoying, unhealthy, noxious, dangerous or illegal activities.
  5. The sublease, in the event that it does not occur under the terms provided for in this contract.
  6. Failure to comply with any obligation assumed by the parties under this contract.

13.1 The personal data that the Tenant provides in this contract, or during the booking process and that he/she may provide in the future are necessary for the conclusion of this contract, and will be processed by the landlord for the purpose of managing the rental contract for the room, studio or apartment and on the basis of the execution of such contractual relationship. The landlord will not communicate the Tenant’s personal data to third parties, except when it is necessary for the fulfillment of legal obligations, without prejudice that the landlord’s administrative management service providers may have access to the Tenant’s personal data for the provision of such services. Landlord will not carry out international transfers of personal data.

The landlord will keep the data as long as the contractual relationship remains in force, keeping them thereafter, duly blocked, and in a system that ensures the tenant’s privacy, for the period of limitation of actions in accordance with the applicable civil regulations.

The Tenant may exercise their rights of access, rectification, deletion and portability of their data, as well as the limitation of the processing thereof, by contacting the owner at the address given in the heading of this contract, and duly proving their identity. Likewise, the tenant has the right to file a claim before the Spanish Data Protection Agency.

The lessee is informed and accepts that, in order to properly manage the contractual relationship, the lessor or, if applicable, the leasing intermediary, may request, collect and keep copies of the lessee’s personal documents, such as national identity card (DNI), foreigner’s identity number (NIE), passport, as well as documentation proving the link with an educational center, health center or company.

This information will be treated with strict confidentiality and only for the purpose of verifying the identity of the lessee and its link with any of the entities mentioned, complying at all times with current regulations on personal data protection.

Upon termination of the contractual relationship and provided that there are no outstanding debts arising from the lease, the lessee may request in writing the deletion of such documents from the files of the lessor or intermediary. The lessor or intermediary shall proceed to their elimination within a maximum period of 30 calendar days from the receipt of such request.

13.2 The Landlord informs the Tenant that in the event of non-payment of rent, the Tenant’s personal data may be transferred to the negative asset solvency file managed by Base de Datos de Morosidad Inmobiliaria, S.L.U., based on the legitimate interest of fraud prevention. In case of incorporation of the Tenant’s non-payment data in a negative asset solvency file, the Tenant will receive, within a maximum period of one month from the registration of the debt in the file, a communication from the owner of said file informing him/her of the incorporation of his/her personal data in said file.

In addition to what is already detailed in the thirteenth clause on data protection and personal documents of the tenant, the tenant has been duly informed and has accepted during his reservation, the privacy policy of the manager of the brand BUENOS AIRES LIVING.

The tenant is informed that some common areas or access to the property may be subject to video surveillance systems for security and access control purposes only. The cameras installed record images continuously, without audio, and are duly marked in accordance with the regulations in force.

The images captured by such systems shall be kept for a maximum period of 30 days, unless they must be kept for a longer period at the request of the competent authorities or in the framework of a security incident investigation.

These recordings will not be disseminated, shared or used for purposes other than those expressly indicated, and may only be provided to law enforcement or judicial authorities if so required.

The processing of these images will be carried out in accordance with the provisions of Regulation (EU) 2016/679 (RGPD) and the Organic Law 3/2018, on the Protection of Personal Data and guarantee of digital rights.

15.1 All notices, demands, requests and other communications to be made in connection with this contract shall be in writing and shall be deemed to have been duly received when delivered by hand or sent by post, e-mail, telephone sms or other similar certified means to the addresses set out in the heading of this contract, or to such addresses, e-mails and/or mobile telephones as either Party may communicate to the other in writing.

15.2 Likewise, and in order to facilitate communications between the parties, the following e-mail addresses (specified in the header of the contract) and telephone number are designated, which shall be considered valid means of communication for the purposes of this contract, provided that the authenticity of the communication and its content is guaranteed and there is a reliable record of full transmission and receipt.

16.1 This contract shall be governed by the will of the parties as expressed in the contract, failing which, by the provisions of the Civil Code and the Urban Leasing Law.

16.2 The courts and tribunals of the place where the property is located shall have jurisdiction over any dispute relating to this contract.

This service is not always available in all BUENOS AIRES LIVING accommodations,

It will only be applicable in those cases in which, being available, a service contract has been signed between the tenant and Buenos Aires Living.

DESCRIPTION OF THE SERVICE
  • Provider agrees to perform the following Services:
  • Intermediation between the tenant and the landlord, for the signing of the room rental contract and collection of the monthly payments.
  • Coordinate maintenance issues that may arise in the property.
  • Coordinate the cleaning service, which will have a weekly frequency, a mopping of the floor and cleaning of the bathroom of each studio, this cleaning does not include attention to kitchen utensils, or personal belongings of the tenant. It also does not include clothes, bed linen or towels.

The tenant service hours are from Monday to Friday from 9:00 am to 6:00 pm.

Cleaning services will be performed at a contracted frequency on a case-by-case basis.

This contract shall have the same duration as the room or studio rental contract.

The customer agrees to pay the provider the amount of “to specify €” per month for the agreed services, a charge will be made to the credit card authorized by the customer.

No proportional charges will be made, depending on the number of days of stay, but the amount of “to specify €” (taxes included) is fixed per month, whether 1 or 31 days of stay.

The provider undertakes to:

– Provide the tenant with the appropriate means so that he/she can report any possible incidents.

-Use appropriate and safe cleaning products.
– Comply with health and safety regulations.

The customer agrees to:

– Provide access to the facilities at the agreed-upon times.
– Report any problems or dissatisfaction with the service.

The Provider undertakes to maintain confidentiality of all customer information provided to it during the term of the contract.

Any dispute arising out of this contract shall be settled by mediation or arbitration.

IDENTIFICATION DATA

In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce, the following information is reflected below: the company owner of the web domain is ITURBIDE CONSULTANCY S.L. operating under the trademark BUENOS AIRES LIVING (hereinafter BUENOS AIRES LIVING), with address for these purposes at Avinguda Catalunya 20, 2º, 1º, 08172 Sant Cugat, Barcelona, Spain, tax identification number: B42793570. Website contact e-mail: info@buenosaires-living.com

The access and / or use of this portal BUENOS AIRES LIVING attributes the condition of USER, who accepts, from such access and / or use, the General Conditions of Use reflected here. The aforementioned Conditions shall apply regardless of the General Conditions of Contract that may be mandatory.

www.buenosaires-living.com provides access to a multitude of information, services, programs or data (hereinafter, “the contents”) on the Internet belonging to BUENOS AIRES LIVING or its licensors to which the USER may have access. The USER assumes responsibility for the use of the portal. This responsibility extends to the registration that was necessary to access certain services or content. In such registration the USER will be responsible for providing truthful and lawful information. As a consequence of this registration, the USER may be provided with a password for which he/she will be responsible, undertaking to use it diligently and confidentially. The USER undertakes to make appropriate use of content and services (such as chat services, discussion forums or newsgroups) that Name of the company that created the website offers through its website and by way of example but not limited to, not to use them to (i) engage in illegal activities, illegal or contrary to good faith and public order; (ii) disseminate content or propaganda of racist, xenophobic, pornographic-illegal, apology of terrorism or against human rights; (iii) cause damage to the physical and logical systems of Name of the company that created the website, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are capable of causing the aforementioned damage; (iv) attempt to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages. Name of the company that created the website reserves the right to remove any comments and contributions that violate the respect for the dignity of the person, which are discriminatory, xenophobic, racist, pornographic, that violate the youth or childhood, order or public safety or, in his opinion, were not suitable for publication. In any case, BUENOS AIRES LIVING will not be responsible for the opinions expressed by users through forums, chats, or other participation tools.

BUENOS AIRES LIVING complies with the guidelines of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 and other regulations in force at all times, and ensures the correct use and processing of the user’s personal data. To do this, along with each form of collection of personal data, in the services that the user can request the provider, will inform the user of the existence and acceptance of the particular conditions of the processing of their data in each case, informing the user of the responsibility of the file created, the address of the person responsible, the possibility of exercising their rights of access, rectification, cancellation or opposition, the purpose of processing and data communications to third parties where appropriate.

Also, BUENOS AIRES LIVING informs that it complies with Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce and will request your consent to the processing of your email for commercial purposes at all times.

BUENOS AIRES LIVING by itself or as an assignee, owns all intellectual and industrial property rights of its website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by BUENOS AIRES LIVING or its licensors.

All rights reserved. Under the provisions of Articles 8 and 32.1, second paragraph, of the Intellectual Property Law, are expressly prohibited reproduction, distribution and public communication, including its mode of making available, all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of BUENOS AIRES LIVING. The USER undertakes to respect the Intellectual and Industrial Property rights owned by BUENOS AIRES LIVING. You can view the elements of the portal and even print, copy and store them on the hard drive of your computer or any other hardware provided it is solely and exclusively for personal and private use. The USER must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the pages of BUENOS AIRES LIVING.

BUENOS AIRES LIVING is not responsible, in any case, for damages of any nature that may cause, but not limited to: errors or omissions in the contents, lack of availability of the portal or the transmission of viruses or malicious or harmful programs in the contents, despite having taken all the necessary technological measures to prevent it.

BUENOS AIRES LIVING reserves the right to make unannounced changes it deems appropriate in its website, may change, delete or add content and services provided through the same as the way in which they are presented or located on its website.

In the event that www.buenosaires-living.com contains links or hyperlinks to other Internet sites, BUENOS AIRES LIVING will not exercise any control over such sites and content.

Under no circumstances will BUENOS AIRES LIVING assume any responsibility for the contents of any link belonging to an external web site, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, validity and constitutionality of any material or information contained in any such hyperlinks or other Internet sites.

Likewise, the inclusion of these external connections shall not imply any type of association, merger or participation with the connected entities.

BUENOS AIRES LIVING reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those users who do not comply with these General Conditions of Use.

BUENOS AIRES LIVING will pursue the breach of these conditions as well as any misuse of its website exercising all civil and criminal actions that may correspond to it by law.

BUENOS AIRES LIVING may modify at any time the conditions determined here, being duly published as they appear here.

The validity of the aforementioned conditions will depend on their exposure and will be in force until they are modified by other duly published conditions.

The relationship between BUENOS AIRES LIVING and the USER shall be governed by the Spanish legislation in force and any dispute shall be submitted to the Courts and Tribunals of the city of Barcelona.

In compliance with the provisions of Law 15/1999, of December 13, Protection of Personal Data, we inform you that, by completing this form, your personal data will be stored and processed in an automated file called BUENOS AIRES LIVING, owned by ARTES ASSET MANAGEMENT SL. in order to manage your request, as well as to keep you informed of future promotions, news and developments related to the sector.

ITURBIDE CONSULTANCY S.L. undertakes to treat the personal data provided as confidential and not to communicate or transfer such information to third parties.

You may freely and voluntarily provide the information requested in the forms except in the fields that appear as mandatory. Failure to enter the information requested as mandatory may result in your request not being fulfilled.

In turn, and by virtue of the provisions of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, ITURBIDE CONSULTANCY S.L. informs that it may use the e-mail addresses provided to send you information about its products and services, notices and offers and, in general, information of a commercial nature of interest relating to the activity of the company.

Likewise, we inform you of the possibility of exercising your rights of access, rectification, cancellation and opposition of your personal data in person at the offices of ITURBIDE CONSULTANCY S.L., accompanied by a copy of your National Identity Card , or by mail to: . S.L., enclosing a copy of your National Identity Card, or by mail addressed to: info@buenosaires-living.com

You can visit our complete privacy policy by visiting the following link:

PRIVACY POLICY
You can learn all the details about our privacy policy in the following link:
Buenos Aires Living Privacy Policy
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Tel: (34) 683 32 73 01
Email: info@buenosaires-living.com

Hours of operation: Monday to Friday 9:30 a.m. to 2:30 p.m.

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