TERMS & CONDITIONS.
1Home– General Terms and Conditions Introduction
Thank you for choosing 1Home to be your new home during your studies abroad. These General Terms and Conditions (hereinafter referred to as terms and conditions) are a binding part of the rent Agreement you will sign upon arrival to your destination country. This is important and affects your legal rights so please take some time to read them through carefully to know your obligations and rights so that you could enjoy a comfortable stay in 1Home.
Occasionally 1Home (hereinafter referred to as the Renter) has the right to make some changes in these Terms and Conditions. When we do that, you will be informed by email, so keep your email address up to date in our database. In the meantime enjoy your stay in 1Home and we hope you’ll love it.
1. General Provisions
1.1. The Renter grants the Tenant the Rent, specified in the signed Agreement, the right to use the Furnished Room (hereinafter referred to as the Room), according to these terms and conditions and the Tenant undertakes to use the Room and to pay the Rent to the Renter in accordance to the terms and conditions and the signed Agreement.
1.2. The Parties act in accordance with these terms and conditions, annexes thereto and the law governing rental relationships.
1.3. The Tenant ensures purposeful use and maintenance of the property that the Tenant is granted to use and returns it upon the end of the Agreement.
1.4. The Parties agree to perform any and all duties and obligations arising from the terms and conditions, Agreement and law in good faith, cooperate with the other Party for the performance of all the duties and obligations arising out of the Agreement and terms and conditions and refrain from any activity that harms or may harm the interests of the other Party.
1.5. For the purposes of the Agreement other persons allowed to enter the Room under the responsibility of the Tenant, means any person who is not a Party of the Agreement but enters the Room with the Tenant.
2. Object of the Agreement
2.1. The object of the Agreement is a furnished Room. The rent of the Room gives the Tenant the right to use the common-purpose premises as well as the furniture and things located in the mentioned premises (hereinafter referred to as the Common-purpose Premises). The Room and the Common-purpose Premises hereinafter jointly referred to as the Property or 1Home.
3. Purpose of the Use
3.1 The Tenant has the right to use the Room only for residential purposes in accordance with the Latvian law. Only the Tenant has the right to live in the Room. The Tenant does not have the right to accommodate in the leased Room family members or other parties without the Renter’s approval. By signing this Agreement the Tenant confirms that he or she has thoroughly read, understands and agrees with Internal house rules.
3.2 The purpose of the Room use is the accommodation of the Tenant in the Room and the keeping of the Tenant’s personal belongings. Economic and professional business activities are not permitted without the respective written consent of the Renter.
4. Period of the Agreement and price policy
4.1. The Renter offers time slots of a minimum 5 month lease term, relevant to degree, exchange students and young professionals ect. 4.1.1 Autumn semester – 1st September till 31st January (5 months)
4.1.2 Spring semester – 1st February till 30th of June (5 months)
4.1.3 Full academic year – 1st September till 30th of June (10 months)
4.1.4 Full year – 1st September till 31st August (12 months)
For any other dates requests contact firstname.lastname@example.org
4.2 The Tenant can conclude the current Agreement and enter into the new agreement by sending a request to the Renter in a written form at least 30 days before the end of the Agreement.
4.3 The Tenant can move in before the beginning of the Agreement or move-out after ending of the Agreement by informing the Renter in a written form at least 30 days before the respective date of move-in or move-out of the Agreement. The Renter will allow this only based on the availability and tenants agreement to comply with the market daily rate.
5. Handing over
5.1 The Room shall be handed over to the Tenant by the date specified in the Agreement (hereinafter referred to as “Contract Start Date”). If the Room is given to the Tenant\If the Tenant is provided with the Room earlier or later than the “Contract Start Date”, the Date of the hand over shall be meant an the “actual hand over date”.
5.2 For the purposes of these terms and conditions, the handing over of the Room to the Tenant means offering the set of keys from the Room to the Tenant and granting the Tenant actual possession of the Room. The Renter will hand the Room over to the Tenant on the date of the Agreement entry into force if other dates are not agreed by the both Parties.
5.3 Upon handing the Room over to the Tenant, the Parties shall draw up and sign a Deed of delivery and receipt of the Room, which will constitute Annex 1 to the Agreement which is an inseparable part of the Agreement.
5.4. The Deed of delivery and receipt of the Room describes the list of items located in the Room, their value and condition at the moment of delivery.
5.5 Check-in time takes place starting from 15:00. 20 EUR fee will apply for late check-in after 23:00.
5.6 Check-out time takes place at 16:00. 20 EUR from the security deposit shall be withheld in the case of late move-out. Check-out is regarded as the time the room key is returned to the administration.
5.7 Room inspection takes place upon entering and returning the room.
6.1 The Rent for using the Room is set in the signed Agreement.
6.2 The Renter has the right to raise the Rent once per calendar year. Before raising the rent the Renter will inform the Tenant about the raise at least 30 calendar days in advance and specify the actual date when the rent rises. At this point Tenant has the right to cancel the Agreement without any financial impact by informing the Renter 30 days in advance before the new price policy will take effect.
6.3 In case of the Rent raise, the Tenant must pay the additional portion/amount of the security deposit/ additional security deposit not later than by the first due date of the higher rent.
7.1. The Tenant pays additional penalties for each incident:
100 EUR for smoking indoors including balconies inside the 1Home, including balconies or for uninstalling or covering a smoke detector;
40 EUR for issuing a new keycard if the issued one was broken/lost;
50 EUR for a debt management fee if the rent is not received by the 10th day of each month from the date invoice was issued;
50 EUR penalty for unauthorised night guests;
50 EUR noise penalty;
100 EUR penalty per person for disturbing the peace in between 23:00-8:00, appropriate penalty for damages caused in the rooms and common premises;
50 EUR disrespecting or disregarding house rules;
100 EUR penalty for removal of common areas properties;
200 EUR penalty for bringing extra appliances and extra furniture inside the room without permission of Renter;
7.2. No Penalties will be issued but contract termination will take effect immediately under the following circumstances:
damages to the property over the amount of 250 EUR;
Disturbing the peace over 3 times;
abusive and physical threats towards the staff or tenants of 1Home.
incurred debt over 500 EUR;
8. Security Deposit
8.1. Security deposit only covers agreement’s related claims of the Renter against the Tenant only at the end of the agreement. The amount of the security deposit can be equal to 1-month Rent as specified in the Agreement.
8.2. On the date of booking the Room, the Tenant must pay the Renter the security deposit. Security deposit increases along with the raise of the Rent.
8.3. Upon ending the Agreement, the security deposit minus (-) the cleaning fee (40 EUR/person+VAT) should be refunded by the Renter to the Tenant (if there are no debt payments or additional damages in the Room incurred by the Tenant) within 30 days from the Agreement end date.
8.4 The Parties have agreed that during the Agreement term the Renter will not settle it’s claims against the Tenant at the expense of the security deposit.
8.5 Renter will not refund the security deposit to the Tenant in the case if the Tenant terminates the Agreement before the contract end date.
9. The procedure of payments and late payments
9.1. Rent is issued monthly from the Agreement start date until the Agreement’s end date.
9.2. The Tenant must pay the Rent for each month according to the Renter’s invoice by the 5th (fifth) day of each month. If the Tenant has not received the invoice by the 3rd (third) day of the month, the Tenant has to inform the Renter of such a situation.
9.3. The Tenant must pay the first month Rent and security deposit prior to the move-in date as specified in the Agreement.
9.3.1. Demand that the Renter allows using the Room and, in connection therewith, one set of the keys granting access to the Room if there is no outstanding debt;
9.4 In a situation where a debt management fee has been charged, the debt won’t be deemed settled until the rent and fee, paid in whole, have been satisfied.
9.5. Payments by the Tenant shall be deemed to have been paid on the date when the corresponding amount has been received by the Renter’s bank account.
9.6. If the remaining balance of the security deposit is smaller than the transfer fee, it will not be returned by a bank transfer. The costs of an international bank transfer will be paid by the recipient.
9.7. All payments specified in the Agreement are made in euro (EUR).
10. Rights of the Parties
10.1. The Renter has the right to demand the Tenant to perform the duties and obligations established in the Agreement.
10.2. In addition to other rights set in the Agreement, the Renter has the right to:
10.2.1. Enter the Room by unlocking the door if it is necessary in order to ensure the compliance with the terms and conditions, in order to accommodate new residents, to perform urgent repairs or in case of emergency and when the Tenant is out or does not allow the Renter’s employee to enter.
10.2.2. Confiscate the keys/keycards from persons who are not authorised to use them;
10.2.3. Enter contracts of use of the property with other persons, depending on the number of residents that the property can accommodate;
10.2.4. Demand debt management fee (50EUR) if the rent is not received in the bank by the 10th day from the date when an invoice was issued;
10.2.5. Demand Tenant to move from one twin shared room to another twin shared room, if the Tenant lives in a twin shared room alone;
10.2.6. If possible to place Tenant into a twin shared room considering Tenant’s age, gender and cultural background.
10.2.7. Change the Tenant’s room in accordance to the needs of the property.
10.2.8. Prevent access to the Tenants room if the Tenant has inquired 50 EUR in debt to the company.
10.2.9. Complete emergency work in the hotel without due notice.
10.2.10. Refuse service to anyone.
10.2.11. Contact local authorities in relation to any knowledge we have regarding legal activity.
10.3. In addition to other rights set in the terms and conditions, the Tenant has the right to:
10.3.2. Demand that the Renter provides information relating to the Room and the use thereof;
10.3.3 Ask to change the room (if possible) for a 50 EUR service fee.
10.3.4. Demand the renter grant access to the parking with the fee of 30 EUR/month.
11. Duties of the Parties
11.1. The Renter undertakes to:
11.1.1. grant the Tenant use of the property that constitutes the Room, incl. 1 set of keys;
11.1.2. invoice the Tenant for the Rent;
11.2. The Tenant agrees to:
11.2.1. use the Room and the properties common areas responsibly, by ensuring they are fulfilling their obligations to the terms and conditions.
11.2.2 Ensure they are maintaining a clean and tidy space at all times;
11.2.3. Grant the Renter unlimited access to the room;
11.2.2. refrain from harming the property; Definition of Harm is any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. “Physical harm to property” does not include wear and tear occasioned by normal use.
11.2.3. follow the instructions, directives and precepts of the Renter’s representative and the internal rules of accommodation, fire safety rules and other rules;
11.2.4. Maintain the Room and the properties common areas clean after use;
11.2.5 Coordinate with the Renter in writing any and all alterations in the Room and in the properties common areas;
11.2.6. inform the Renter of any and all accidents, i.e, fire, noise complaints, smoke, etc.on the 1Home support phone number and / or email immediately, so that the Renter can take immediate measures for the elimination of the accidents and their consequences and for granting the safety of the 1Home residents;
11.2.7. Bear material liability for the preservation and maintenance of the Renter’s property handed over to the Tenant and compensate the damage caused or the expenses incurred for putting them in order;
11.2.8. Return the property to the Renter by 12:00 pm and on the date of the end of Agreement. Return the property to the Renter within the same condition that the Tenant received it but within the norm of wear and tear;;
11.2.9. pay the Rent in the amount and in accordance with the Agreement and terms and conditions;
11.2.10. compensate the expenses incurred by the Renter for the recovery of a debt, 50 EUR debt management fee;
11.2.11. not hand the Room (incl. the keys) over to other persons without the written consent of the Renter.
12. Liability of Parties
12.1. The Parties bear full material liability for failure to perform the terms and conditions of the Agreement as well as for causing damage upon renting the Room;
12.2. The Renter is not liable for the preservation of the property in the Room given to the Tenant;
12.3. In the event of non-preservation of property in the Commonly used premises, the Tenant will bear material liability;
13. Termination of Agreement
13.1. If the Tenant terminates the Agreement before the Agreement end date the security deposit and pre-payments will not be refunded to the Tenant. Security deposit and pre-payments shall be refunded to the Tenant if the reason of cancellation of the Agreement is any of the reasons specified in clause 13.2.-13.3.2;
13.1.1. If the Renter terminates the Agreement, the security deposit will be refunded to the Tenant;
13.2. With good reason a Party may cancel this Agreement extraordinarily with an immediate effect by making a declaration of cancellation provided by the law;
13.3. Among other things, the Tenant has a good reason to cancel the Agreement if extraordinarily:
13.3.1. The Renter does not allow the Tenant to possess or use the Room without reason;
13.3.2. Circumstances where the Tenant no longer needs the Room, has found better premises or lacks funds for paying the Rent do not constitute a good reason for the extraordinary termination of the Agreement by the Tenant before the prescribed Contract End Date.
13.3.2. the Renter does not provide the Tenant with electricity, heating, or water on the Property and has not eliminated a breach of the obligation within thirty (30) days after receiving a respective notice thereof from the Tenant;
13.4. Among other things, the Renter has a good reason to cancel the Agreement extraordinarily and not to refund the security deposit if:
13.4.1. the Tenant uses the Room or Common-used Premises for illegal activity or in conflict with the purpose of use, including if the Tenant disturbs the peace of other residents of the building or creates noise or other inconveniences and or breaches terms and conditions.
13.4.2. the Tenant has failed to pay the Rent by the 10th day from day when invoice was sent;
13.4.3. the Tenant’s debt exceeds the rent payable for one month;
13.4.4. the Tenant does not allow the Renter to exercise a right or several rights set in Article 11.2 of the terms and conditions or breaches a duty or duties set in Article 11.2 of the terms and conditions;
13.4.5. the Tenant uses the property for a purpose other than the intended purpose or has granted other parties use of the property without the Renter’s consent;
13.4.6. The Tenant has intentionally or due to negligence damaged the property.
13.6. If the Tenant disturbs the peace of other residents of 1Home with their behaviour and this can be certified by an application submitted to the Renter or the authorities (e.g. the police), the Agreement shall be deemed terminated without notice.
14. Return of premises upon termination of Agreement
14.1. The Tenant must vacate the Room on the date of termination of the Agreement and hand it over to the Renter’s representative. Otherwise the Renter will have the right to take the following steps:
14.1.1. in the presence of a witness enter the Room used by the Tenant;
14.1.2. clear the Room of the Tenant’s personal belongings, take possession and deliver them to charity organisations and or dispose of them within 5 days from the tenants departure date.
14.2. If in spite of advance notice the Tenant refuses to vacate the Room or obstructs making the Room vacant, the Renter will have the right to take measures in accordance with the laws of the country of operations in order to vacate the Room.
14.3. The Tenant’s duty to vacate the Room in accordance to the Agreement will be deemed as fulfilled if the Tenant has vacated the Room that was in the possession of the Tenant and other persons who were allowed to enter the Room under the responsibility of the Tenant and made it possible for the Renter to exercise full possession of the Room, incl. handed over to the Renter all the keys that grant access to the Room. In the case of the Tenant’s failure to vacate the Room timely, the Tenant agrees to pay the usage fee in the double amount of the daily rates for each day of delay. The Parties agree that the payment of such a fee does not constitute an extension to the period of the Agreement or a conclusion of a new rental agreement.
14.4. Upon returning the Room, the Parties will sign a move-out inspection of the Room. The inspection form of the Room will specify the composition and condition of the Room and furnishings at the moment of returning the Room. The inspection of the Room must also specify all the defects and deviations from the move-in inspection added to the Agreement.
14.5. Regarding the defects that the Renter did not notice upon return of the Room or that the Renter could not be aware of, the Renter will have the right to file complaints against the Tenant within 1 (one) month.
14.6. Upon the end of the Agreement all costs connected to the Agreement will be debited from security deposit if there are some claims against the Tenant.
14.7 Check-out time is by 12:00. If the Tenant wants to check-out at another time, the Tenant shall contact Renter’s customer support in advance. It may be possible upon availability for additional charges. Daily prices apply.
15.1. Any and all notices, declarations, requests, claims, explanations, complaints, etc. relating to the Agreement and terms and conditions (hereinafter also referred to as the Notices) must be given to the other Party personally against signature, by registered letter or e-mail to the address specified in the Agreement. The Notice sent by e-mail shall be deemed as received from the third working day since the day of its sending.
16. Force Majeure
16.1. Neither Party shall be liable for any delay or failure in performing any of its obligations under this Agreement if the delay or failure results from events or circumstances beyond its reasonable control (including without limitation any acts or restrains of governments or public authorities, war, revolution, riot or civil commotion, disasters or fire (hereinafter referred to as Force Majeure Event) provided that the party so affected shall send to the other Party a written notice within 3 (three) days of becoming aware of such Force Majeure Event giving full particulars thereof including the date of the first occurrence, the circumstances giving rise to it and an indication of the duration of such circumstances. If the period of delay or failure extends for 30 (thirty) days or more from the date of notification of the Force Majeure Event to the other Party, either Party shall have the right to terminate the Agreement forthwith by written notice.
17. Disputes resolution
17.1. This Agreement is governed by Latvian law. The Parties try to resolve all disputes relating to the Agreement and terms and conditions by a way of negotiations. In the absence of an amicable settlement, any disputes arising out of or in connection with this Agreement shall be settled by the courts of the Republic of Latvia.
18.1. The Agreement and single terms thereof are not subject to disclosure to third parties without the consent of the other Party. The Parties must keep the information received on the basis of the Agreement confidential.
18.2. The entire information that would not have been disclosed to the Parties without the conclusion and performance of the Agreement is deemed confidential.
19.1. In matters not regulated by the Agreement the Parties will follow the Latvian law.
19.2. All the terms of the Agreement are independent and separable from one another. The ineffectiveness of a term will not result in that of other terms. The terms of the Agreement, except the Rent (in accordance to this Agreement) may be amended by the agreement of the Parties.
19.3. All agreements on the performance, amendment or termination of the Agreement must be drawn up in writing and signed by both Parties. Agreements disregarding this requirement are ineffective.
19.4. The Parties agree to inform immediately the other Party of a change in their address or other contact details specified in the Agreement. In the event of a breach of the duty, the other Party may rely on the (former) contact details known to it upon exercising the rights and performing the duties and obligations relating to the Agreement.
19.5. The terms and conditions have been made in the English language. The agreement will be made both in English and Latvian. In the event of any conflict between the language versions, the English version shall dominate. The Agreement has been made in two counterparts of equal legal force, one for the Renter and the other one for the Tenant.