1Home Terms and Conditions

 

Introduction

Thank you for choosing 1Home to be your new home during your studies abroad. These Terms and Conditions are 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 read them through carefully to know your obligations and rights so that you could enjoy a comfortable stay in 1Home.

Occasionally 1Home has the right to make some changes in these Terms and Conditions. When we do that, we will let you know by e-mail, so keep your e-mail address up to date in our database. But in the meantime enjoy your stay in 1Home and we hope you’ll love it.

 

1. General Provisions

1.1. The Lessor grants to the Lessee for the Rent specified in the signed Agreement the right to use the Furnished Room (hereinafter referred to as Room), according to these terms and conditions and the Lessee undertakes to use the Room and to pay the Rent to the Lessor in accordance to the terms and conditions and signed Agreement.

1.2. The Parties act pursuant to these terms and conditions, annexes thereto and the law governing lease relationships.

1.3. The Lessee ensures the preservation, purposeful use and maintenance of the property that the Lessee is granted use of 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, persons allowed to enter the Room under the responsibility of the Lessee’ means any person who is not a Party to the Agreement, but enters to the Object with the Lessee’s permission.

 

2. Object of the Agreement

2.1. The Object of the Agreement is a furnished Room. The lease of the Room gives the Lessee the right to use the common-purpose premises (kitchen, toilet, bathroom and hallways) as well as the furniture and things located in the said premises (hereinafter referred to as the Common-purpose Premises). The Room and the Common-purpose Premises hereinafter jointly referred to as the Apartment or Hotel in Riga Student Hotel.

 

3. Purpose of the Use

3.1 The Lessee has the right to use the Object of the Agreement for residential purposes only in accordance with the internal house rules. Only Lessee has the right to live in the Room. The Lessee does not have a right to accommodate in the leased Room its family members or other parties without the approval by the Lessor.

3.2 The purpose of use of the Room is the ordinary permanent accommodation of the Lessee on the Room and the keeping of the Lessee’s personal belongings in the Room. Economic and professional activities are not permitted without the respective written consent of the Lessor.

 

4. Period of the Agreement

4.1. Autumn semester (EST, LAT, LIT) –  from 1st of September till 31th of January.

4.2. Spring semester (EST, LAT, LIT) – from 1st of February till 30th of June.

4.3. Summer (EST, LAT, LIT) – from move-in date till 31th of August.

4.4. Autumn semester (POL) – from 1st of October till 15 of February.

4.5. Spring Semester (POL) – from 18th of February till 5th of July.

4.6. Summer (POL) – from 5th of July till 1st of October.

4.7. Full year – from move in date till the same date next year.

4.8. The Lessee can file an application to extend the Agreement by letting know the Lessor in written form at least 30 days before the end of the Agreement.

4.8.1 The Lessee can move in before the beginning date of the Agreement by letting know the Lessor in written form at least 30 days before the beginning of Agreement. The Lessor will allow this only when there is available room. The Lessee will pay then by day price, which is monthly rent divided by 30.

4.8.2 The Lessee can move out after the end date of the Agreement by letting know the Lessor in written form at least 30 days before the ending of Agreement. The Lessor will allow this only when there is available room. The Lessee will pay then by day price, which is monthly rent divided by 30.

 

5. Handing over

5.1 The Room shall be handed over to the Lessee by the date specified in the Agreement (hereinafter referred to as Date of handing over). If the Room is given to the Lessee over earlier or later than the specified date above, the Date of the handing over shall be meant an actual handing over date.

5.2 For the purposes of these terms and conditions, the handing of the Room over to the Lessee means the offering of the set of the keys of the Room to the Lessee and granting of the Lessee actual possession of the Room. The Lessor will hand the Room over to the Lessee on the date of entry into force of the Agreement, if other dates are not agreed by the both Parties.

5.3 Upon handing the Room over to the Lessee, 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 inseparable part of the Agreement.

5.4. The deed of delivery and receipt of the Room describes the list of items located in the Apartment, their condition at the moment of delivery.

 

6. Rent

6.1 The Rent for using the Room is set out in the signed Agreement.

6.2 The Lessor shall have the right to raise the Rent once per calendar year. The Lessor raises the rent by informing the Lessee about the rise at least 30 calendar days in advance and specifies the actual date when the rent raises.

6.3 The Lessee pays as an additional Rent for each incident: 65 EUR for smoking in the Room or for uninstalling or covering a smoke detector, 45 EUR for the new set of keys in case of losing keys, the amount of the claim filed against the Lessor in case of false call to the Rescue Board or an emergency service, 50 EUR for debt management fee if the rent is unpaid at least 21 days.

 

7. Security Deposit

7.1. On the date of booking the Room, the Lessee must pay the Lessor a security deposit in amount specified in the Agreement, which increases along with the rise of the Rent. The security deposit covers all the Agreement related claims of the Lessor against the Lessee.

7.1.1 If the Lessee cancels the booking at least 46 days before the move-in date, Lessor returns 100% of security deposit to the Lessee.

7.1.2 If the Lessee cancels the booking 22-45 days before the move-in date, the Lessor returns 50% of security deposit to the Lessee.

7.1.3 If the Lessee cancels the booking 1-21 days before the move-in date, security deposit will not be returned to the Lessee.

7.2. The Parties agreed that the Lessor is not obliged the security deposit to be separately deposited and the amount of deposit in favor of the Lessee shall not be counted.

7.3. The Lessor shall return the security deposit to the Lessee within 1 (one) month upon the end of the Agreement, if the Lessor does not have any claims and/or complains against the Lessee and the Object and its maintenance is fully ensured.

7.4. Upon termination of the Agreement by the Lessee before the commencement of the use of the Room, the security deposit will not be returned to the Lessee.

7.5. The Lessor reserves the right to keep the full amount of deposit and not return it to the Lessee in case of terminating the lease agreement before 5 months lease.

 

8. The procedure of payments and late payments

8.1. Rent is counted from the agreed Agreement start date specified in the Agreement until the agreed Agreements end date, considering Articles 8.4 & 8.5.

8.2. The Lessee must pay the Rent for each month according to the Lessors invoice by the 7th (seventh) day the current month. If the Lessee has not received the invoice by 5 (fifth) day of the current month, the Lessee has to inform the Lessor of such situation.

8.3. In the first calendar month of use of the Object, the Lessee must pay the Rent before the move-in date specified in the Agreement.

8.4. In the first calendar month of use of the premises, the Lessee must pay the rent respective of the move-in date. If the Lessee moves in between the 1st to the 15th day of the month, the rent will be for the full month. If the move-in is between the 16th to 31st day of the month, the rent will be for the half of the month.

8.5. In the last calendar month of use of the premises, the Lessee must pay the rent respective of the move-out date. If the Lessee moves out between the 1st to the 15th day of the month, the rent will be for the half month. If the move-out is between the 16th to the 31st day of the month, the rent will be for the full month.

8.6. A monetary payment to the Lessor shall be deemed to have been paid as follows: first – the penalty for the late payment for, second- the penalty and the last – Rent.

8.7. Payments by the Lessee shall be deemed to have been paid on the date on which the corresponding amount has been received by the Lessor’s bank account.

8.8. The amount of the penalty for late payment shall be 0,2% (zero point two per cent) each delayed day from the unpaid amount.

8.9. In the event of a rise in the rent, the Lessee must pay the additional portion of the security deposit not later than by the first due date of the higher rent.

8.10. Upon termination of the Agreement, late interest, outstanding payments, value of damaged or lost furniture and other property as well as cleaning expenses of 20 EUR per Room will be debited from the security deposit.

8.11. 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.

8.12. The Parties have agreed that during the Agreement term the Lessor will not settle its claims against the Lessee at the expense of the security deposit.

8.13. All payments specified in the Agreement are made in the currency in force in the country the rented room is located.

 

9. Rights of the Parties

9.1. The Lessor has the right to demand that the Lessee performs the duties and obligations established in the Agreement.

9.2. In addition to other rights set out in the Agreement, the Lessor has the right to:

9.2.1. Inspect the purposeful possession and use of the Room by the Lessee and the performance of the Lessee’s other duties and obligations, and to make precepts to the Lessee for elimination of breaches;

9.2.2. enter the common-purpose premises without coordinating the time thereof with the Lessee in advance and enter the Room that is in the exclusive possession of the Lessee at the previously agreed time;

9.2.3. enter the Room without the Lessee’s prior consent for the purpose of preventing or mitigating an emergency, fire, accident or another similar event or damage that may arise from such event, informing the Lessee thereof as soon as possible;

9.2.4. confiscate the keys from persons who are not authorized to use them;

9.2.5. enter into contracts of use of the Apartment with other persons, depending on the number of residents that the Apartment can accommodate;

9.2.6. to demand the penalty of the late payment for Rent according to the Agreement. Demand debt management fee     if the rent is not paid more than 21 days;

9.2.7. to demand Lessee to move from one twin shared room to another twin shared room, if the Lessee lives in a twin shared room alone;

9.2.7. if possible to place Lessee in to a twin shared room considering Lessee’s age, gender and cultural background.

9.3 In addition to other rights set out in the terms and conditions, the Lessee has the right to:

9.3.1 demand that the Lessor allow for using the Room and, in connection therewith, one set of the keys granting access to the Room;

9.3.2, demand that the Lessor provides information relating to the Room and the use thereof.

 

10. Duties of the Parties

10.1. The Lessor undertakes to:

10.1.1. grant the Lessee use of the property that constitutes the Agreement object, incl. a set of keys;

10.1.2. guarantee the availability of the accessory services required for using the Apartment;

10.1.3. invoice the Lessee for the Rent;

10.2. The Lessee agrees to:

10.2.1. use the Agreement object prudently and grant the representatives of the Lessee unlimited access to all rooms, incl. for showing them to a prospective Lessee in the event of an upcoming change of the Lessee;

10.2.2. refrain from harming the Lessor’s property;

10.2.3. follow the instructions, directives and precepts of the Lessor’s representative and the internal rules of accommodation, fire safety rules and other rules;

10.2.4. keep the Agreement object clean and coordinate with the Lessor in writing any and all alterations in the room and in common rooms;

10.2.5. immediately inform the Lessor of any and all accidents, fire, etc. on the premises, immediately taking measures for the elimination of the accidents and their consequences and for granting the safety of the residents;

10.2.6. bear material liability for the preservation and maintenance of the property handed over to the Lessee and compensate the damage caused or the expenses incurred for putting them in order;

10.2.7. return the property to the Lessor on the date of end of the Agreement at least in the same condition that the Lessee received it, considering normal wear and tear;

10.2.8. pay the Rent in amount and in accordance to the Agreement and terms and condition;

10.2.9. compensate for the expenses incurred by the Lessor for the recovery of a debt, including 50 EUR debt management fee (terms and conditions 6.3);

10.2.10. not hand the Object (incl. the keys) over to other persons without the written consent of the Lessor.

 

11. Liability of Parties

11.1. The parties bear full material liability for failure to perform the terms and conditions of the Agreement as well as for causing damage upon letting or leasing the property.

11.2. The Lessor is not liable for the preservation of the Lessor’s property in the Room given to the Lessee.

11.3. In the event of non-preservation of property in the Common-used Premises, the Lessee will bear joint liability with other Lessees.

 

12. Termination of Agreement

12.1. Both Parties have the right for ordinary cancellation of this Agreement any time by giving the written notice to other party at least 30 calendar days in advance.

12.1.1. If the Lessee terminates the Agreement before 5 months, the security deposit will not be refunded.

12.1.1. If the Lessor terminates the Agreement, security deposit will be refunded to the Lessee.

12.2. With good reason a Party may cancel this Agreement extraordinarily with immediate effect by making a declaration of cancellation provided by law. The Agreement will end as of the cancellation.

12.3. Among other things, the Lessee has good reason to extraordinarily cancel the Agreement if:

12.3.1. the Lessor does not allow the Lessee to possess or use the Room without reason;

12.3.2. the Lessor does not provide the Lessee with electricity, heating, or water on the Object and has not eliminated a breach of the obligation within thirty (30) days after receiving a respective notice thereof from the Lessor;

12.3.3. the Object pose a threat to the property and health of the Lessee.

12.4. Among other things, the Lessor has good reason to extraordinarily cancel the Agreement if:

12.4.1. the Lessee uses the Room or Common-used Premises for an illegal activity or in conflict with the purpose of use, incl. if the Lessee disturbs the peace of the Lessor or other residents of the building or creates noise or other nuisances;

12.4.2. the Lessee has failed to pay the rent or a significant portion thereof by three consecutive due dates;

12.4.3. the Lessee’s debt exceeds the rent payable for one month;

12.4.4. the Lessee does not allow the Lessor to exercise a right or several rights set out in Article 10.2 of the terms and condition or breaches a duty or duties set out in Article 10.2 of the terms and conditions;

12.4.5. the Lessee uses the property for a purpose other than the intended purpose or has granted other parties use of the property without the Lessor’s consent;

12.4.6. the Lessee has intentionally or due to negligence damaged the property.

12.5. Circumstances where the Lessee 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 Lessee before the prescribed time.

12.6. If the Lessee disturbs the peace of other residents of the building with their behaviour and this can be certified by an application submitted to the Lessor or the authorities (e.g. the police), the Agreement shall be deemed terminated without notice and the security deposit shall not be returned.

 

13. Return of premises upon termination of Agreement

13.1. The Lessee must vacate the Agreement Object on the date of termination of the Agreement and hand it over to the Lessor’s representative. Otherwise the Lessor will have the right to take the following steps:

13.1.1. in the presence of a witness enter the room used by the Lessee;

13.1.2. clear the room of the Lessee’s personal belongings, taking possession of them until handing them over to the owner and guaranteeing their preservation for one (1) months as of the date of cancellation of the Agreement. Upon taking custody and delivery of the property, the respective deeds will be drawn up and approved by the required signatures.

13.2. If in spite of an advance notice the Lessee refuses to vacate the Room or obstructs making the Room vacant, the Lessor will have the right to take measures in accordance with the laws of the country of operations in order to vacate the Room.

13.3. The Lessee’s duty to vacate the Object of the Agreement will be deemed as fulfilled if the Lessee has vacated the Room that were in the possession of the Lessee and other persons who were allowed to enter the Room under the responsibility of the Lessee and made it possible for the Lessor to exercise full possession of the Room, incl. handed over to the Lessor all the keys that grant access to the Room. In the case of the Lessee’s failure to timely vacate the Object, the Lessee agrees to pay the usage fee in the double amount of the Rent for each day of delay. The Parties agree that payment of such fee does not constitute an extension to the period of the Agreement or a conclusion of a new lease agreement.

13.4. Upon returning the Room, the Parties will sign a deed of delivery and receipt of the Room. The deed will specify the composition and condition of the Room and furnishings at the moment of returning the Room. The deed must also specify all the defects and deviations from the deed of delivery and receipt set out in Annex 1 to the Agreement.

13.5. Regarding the defects that the Lessor did not notice upon return of the Room or that the Lessor could not be aware of, the Lessor will have the right to file complaints against the Lessee within 2 months.

 

14. Notices

14.1. 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 mail or e-mail to the address specified in the Agreement. The Notice sent by e-mail shall be deemed to be received from the third working day from the day of its sending.

 

15. Excusability of breach

15.1. If the performance of a duty or obligation arising from the Agreement proves impossible with good reason independent of the Parties, the Party in breach will not be liable for the breach of its duty or obligation, provided that the Party made all necessary and reasonable efforts to prevent, eliminate and mitigate the circumstance preventing the performance of the duty or obligation and continues to perform the duty or obligation in good faith after the lapse of the good reason that impeded the performance of the duty or obligation.

 

16. Disputes resolution

16.1. The Parties try to resolve all disputes relating to the Agreement and terms and conditions by way of negotiations. Failing agreement, the dispute will be resolved in Harju County Court, Estonia on the basis of a claim filed by a Party.

 

17. Confidentiality

17.1. 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.

17.2. The entire information that would not have been disclosed to the Parties without the conclusion and performance of the Agreement is deemed confidential.

 

18. Overall order in the apartment and in Riga Student Hotel

18.1. The external door of the apartment must be properly locked.

18.2. In the apartment and in Riga Student Hotel, it is prohibited to make noise, loudly play musical instruments or engage in any other activity that disturbs the peace of fellow lessees between 10:00 p.m. and 6:00 a.m. on working days and between 12:00 a.m. and 7:00 a.m. on the night preceding a day off. The Lessee must follow the general ethical norms and code of conduct.

18.3. The Lessee has the right to receive guests between 7:00 a.m. and 11:00 p.m., provided that it does not disturb fellow lessees. The Lessee is liable for damage caused by their guests.

18.4. The Lessee cleans their own room. The Lessee must also clean the common rooms (kitchens, etc.) following their use, including wash their own dishes immediately after using them. The Lessee will take out the garbage generated by the Lessee and put it in the prescribed container.

18.5. The Lessee must keep the property granted to the Lessee and prevent it from destruction by the fault of the Lessee or a third party. After unlocking a lockable door the Lessee must lock the door again after passing through. If the Lessee intentionally or due to negligence damages the property or premises, the Lessee must compensate the damage in accordance with the law. If the person at fault cannot be identified, all the Lessees of the flat will be liable.

18.6. In the event of fire, immediately head towards the exit along the escape route. The Rescue Board must be informed of a fire immediately and, after that, the Lessor or its representative must be informed.

18.7. The following is prohibited in the premices:

18.7.1. administration of narcotic drugs and toxic substances and moving around in a state of intoxication by alcohol, narcotic drugs or toxic substances, and smoking (incl. e- cigarette, hookah, etc.);

18.7.2. possession of narcotic drugs, toxic substances and inflammable substances;

18.7.3. keeping pets.

18.8. The Lessee is prohibited to:

18.8.1. use the Object for a purpose other than the intended purpose (business, manufacturing, meetings of organisations, etc.);

18.8.2. grant a third party use of the Lessor’s property located in the Lessee’s room (incl. the keys). If the Lessor would like to use their own furniture, the Lessor’s representative must be informed thereof;

18.8.3. take possession of the furniture, property and other objects located on the common premises.

 

19. Miscellaneous

19.1. In matters not regulated by the Agreement the Parties will follow the legislation in force in the country the room is located.

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 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 immediately inform 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 has been made in English language. Agreement will be made both in English and Russian/Latvian/Lithuanian, depending where the room is geographically located. In the event of any conflict between the language versions, the English version shall prevail. The Agreement has been made in two counterparts of equal legal force, one for the Lessor and the other for the Lessee.