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TERMS OF USE

DEFINITIONS

These terms and conditions apply between You and the Landlord through the Apartment Agreement for an Apartment and between You and Homito for the brokerage of the Apartment Agreement.

Rental agreements and payments

“You” refers to individuals or companies that rent an apartment via the Service from the Landlord by entering into a Rental Agreement. 

“Apartment Agreement” refers to the agreement entered into between you and the Landlord concerning the rental of the Apartment. 

“Rental Period” refers to the period during which you rent the Apartment pursuant to the Apartment Agreement. 

“Service” refers to the online service offered by Homito and that allows you to enter into a Rental Agreement with the Landlord. 

“Apartment” refers to a self-contained living unit, typically used for residential purposes and featuring essential amenities like a kitchen, bathroom, and living area.

“Landlord” refers to the party that rents out one or many Apartments.

PROVISION OF APARTMENTS

Homito and the Landlord have entered into an agreement that allows Homito to facilitate the Apartment Agreements with You on behalf of the Landlord. Homito is not a party to the Apartment Agreements entered into and You need to be over the age of 18 to enter into an Apartment Agreement. When booking an Apartment and paying for the rent of the Apartment for the Rental Period via the Service, you and the Landlord shall enter into an Apartment Agreement. Please make sure that all information provided in connection with the Apartment Contract is correct before signing. The amount payable for the Rental Period is stated in the Apartment Agreement. Payment shall be made using the payment methods supported by the Service. The terms and conditions applicable to each payment method can be found in the Apartment Agreement. The Apartment Agreement shall apply for the Rental Period and cannot be canceled or amended, unless otherwise stipulated in the Apartment Agreement. The statutory right of cancellation pursuant to the act (2005:59) on distance agreements and agreements entered into outside of business premises does not apply to agreements concerning accommodation, overnight stays or leisure activities and there is therefore no right of cancellation associated with Apartment Agreements you have entered into. Upon entering into the Apartment Agreement, you will receive an e-mail confirmation to the e-mail address you have provided to the Service. Check that the confirmation corresponds to your booking. Please let us know as soon as possible in the event of any errors.

FAULTS OR BREACHES

Through the Apartment Agreement, the Landlord shall rent out the Apartment for the Apartment Period. The Apartment Agreement shall lapse without notice upon the expiration of the Rental Period. The Apartment can be accessed from the first day of the Rental Period and the Apartment shall be vacated no later than the end of the day on the last day of the Rental Period unless otherwise specified in the Apartment Agreement. The Apartment shall be properly tidied before departure. If you choose to depart before the expiration of the Rental Period, no money shall be refunded unless otherwise agreed with the Landlord. The Apartment Agreement covers You who are registered with the Service and applies to You and any persons living together with You. The Landlord shall be entitled to charge an additional fee for any additional guests. You do not have the right to transfer or sublet the Apartment. The Apartment Agreement includes the amenities specified for the Apartment in the Service. During the stay at the Apartment, the applicable conduct regulations (see below) and anything else specified for the Apartment in the Service shall apply. Violation of applicable conduct rules, such as You or anyone in your party behaving in a disruptive or harmful way, disturbing neighbors, not following local property rules, or other violations of the Apartment Agreement may result in the Apartment Agreement being terminated with immediate effect. Payment terms are twentyone (21) days and if the Tenant doesn’t pay the rent on time, the Apartment Agreement will be terminated with immediate effect. You shall then be obliged to immediately vacate the Apartment and shall not be entitled to any refund. If you or your guests cause damage to the Apartment or other property, People or any illegal activities in the Apartment, you shall be liable for any damages incurred. 

WHAT HAPPENS IF YOU AND THE LANDLORD ARE UNABLE TO REACH AND AGREEMENT?

In the event of breach of contract on the part of the Landlord, serious disruptions or if the Apartment otherwise deviates from the information obtained via the Service or what you could reasonably have expected, you shall be entitled to demand remediation or termination of the Apartment Agreement. Breach of contract or other violations arising due to circumstances outside of the Landlord's control shall not entitle you to compensation under this Apartment Agreement. In the event that your stay cannot be completed due to an obstacle outside of the Landlord's control and that the Landlord could not reasonably have been expected to have taken into account when entering into the Apartment Agreement and the consequences of which the Landlord also reasonably could not have avoided or overcome, the Landlord shall not be liable for damages or other penalties. In the event that the obstacle is attributable to someone who has been hired by the Landlord on a full-time or part-time basis, the Landlord shall only be free from liability for damages if the hired person for which the Landowner is responsible is also free from liability pursuant to the paragraph above. The same shall apply if the breach is due to a supplier engaged by the Landlord or someone at a previous level of the supply chain. Any faults that arise during the Apartment Period shall be reported to the Landlord as soon as possible so that they have the opportunity to rectify the fault. If you fail to report a fault, you shall also not be able to claim compensation.When notifying Homito, such notifications shall be made via e-mail.

PERSONAL DATA

If you are unable to reach an agreement, you can get help from the National Board for Consumer Complaints, see www.arn.se. You are also free to bring the dispute before the ordinary courts.

GENERAL TERMS AND CONDITIONS - HOMITO <> LANDLORD

As the facilitator of the Apartment Agreement, Homito will process personal data relating to both you and the Landlord. With regard to your personal data, Homito is the data controller for its processing of such personal data for as long as you remain a Homito member. Please refer to the Homito Privacy Policy for further information about Homito’s processing of your personal data, as well as your rights as a data subject. When entering into an Apartment Agreement, the Landlord shall be the data controller in relation to you. The Landlord's processing of personal data is performed for the purpose of managing the booking and payments and also for the Landlord to be able to fulfill its obligations and safeguard its rights under the Apartment Agreement. You have the right, at no additional cost, to access the registered data, information about how such data is processed, as well as information about any parties to whom such data has been disclosed, upon written request. You also have the right to request the deletion of your personal data, restriction of the processing of your personal data or correction of changed or incorrect data at all times.

DEFINITIONS

These General Terms and Conditions shall apply to the Agreement between Homito and the Landlord concerning the brokerage of Apartments.

HOMITO’S BROKERAGE OF APARTMENTS

“General Terms and Conditions” refers to this document. “Agreement” refers to the brokerage agreement entered into between Homito and the Landlord concerning the brokerage of Apartment rentals. 

“Tenant” refers to private individuals or companies that rent Apartments from the Landlord using the Service. 

“Apartment Agreement” refers to the agreement entered into between the Tenant and the Landlord for the rental of the Apartment. 

“Apartment” refers to a self-contained living unit, typically used for residential purposes and featuring essential amenities like a kitchen, bathroom, and living area.

“Service” refers to the online service offered by Homito and that allows you to enter into a Rental Agreement with the Landlord. 

“Landlord” refers to the party that rents out one or many Apartments.

MATERIALS AND INFORMATION RELATING TO APARTMENTS

Through the Agreement, Homito shall facilitate the rent out of the Landlords Apartments to Tenants and to receive appropriate compensation for the service in accordance with these General Terms and Conditions. This right applies between the parties during the term of the Agreement. When a Tenant rents an Apartment via the Service, Homito will make a security check on the Tenant, facilitate the process around Apartment Agreement, inform you of rentals, collect payment from the Tenant and pay you in accordance with what has been stipulated in these General Terms and Conditions. Homito shall not be a contractual party to agreements for Tenant’s rentals of Apartments but will assist you in entering into Apartment Agreements with Tenants through the Service. All rental of Apartments to Tenants via the Service shall take place subject to the Homito Apartment Agreement applicable at any time, see Homito.se. Homito shall not be liable for any damage, wear and tear or breach of contract caused by you or the Tenant in connection with the Apartment rental. Any such claims shall be settled directly between you and the Tenant. Nevertheless, Homito shall assist in providing information to the extent deemed necessary by Homito. Please contact Homito immediately in the event of any issues or if you want to raise a claim against a Tenant in connection with an Apartment Agreement that has been entered into.

THE LANDLORD’S OBLIGATIONS

All materials and information you provide to Homito with regard to you and your Apartment shall be correct and provide a true and fair impression. You confirm that you have the right to provide such materials and information to Homito for the purpose of enabling Homito to use such materials and information to market both your Apartment and Homito’s activities in accordance with these General Terms and Conditions.

Claims for damages to the Apartment must be submitted within a period of seven (7) days from the occurrence of the incident by the Landlord, accompanied by requisite documentation, including both pre- and post-incident visual evidence, serving to substantiate the Tenant's responsibility for the damages sustained.

PRICE AND PAYMENT

You confirm that you have the right to enter into this Agreement and that you have the right to rent out the Apartment. When Homito has informed you that an Apartment has been rented out to a Tenant, you shall ensure that the Tenant is given access to the Apartment during the Rental Period specified in the Apartment Agreement. You shall ensure that the Apartment is easily accessible. All information you provide shall be correct and updated in the event of any changes. If you state that certain amenities are included in the Apartment rental, such as access to electricity, water, Wi-Fi, etc., you shall ensure that such amenities are available and that these meet relevant requirements relating to standards and safety and, if they are included in the rental price, that they do not entail any additional costs on the part of the Tenant. You are aware of and accept that incorrect information, as well as faults or breaches associated with the Apartment or specified amenities, may lead to delayed payment, non-payment or refund requests for payments already made for the Apartment concerned.

Homito AB

Brunnsgatan 21b

111 38 Stockholm

support@homito.se

You shall be entitled to receive assured monthly payments from Homito, subject to the Tenant's consistent and timely compliance with the payment obligations to Homito and the proper maintenance of the Apartment, as stipulated within the confines of the herein specified terms and conditions.

PERSONAL DATA

You shall determine the Apartment rental price. As payment for the brokerage of the Apartment, Homito shall receive part of the rent payment made by the Tenant. Reporting of payments made by Tenants is performed in arrears. You shall be responsible for paying any taxes and fees arising from the Apartment rental. Homito shall not be liable or responsible for reporting, paying or otherwise managing taxes and fees on your behalf.

WHAT HOMITO USES PERSONAL DATA RELATING TO THE LANDLORD FOR

As a broker of the Apartment, Homito will process personal data relating to both the Landlord and the Tenant. With regard to personal data relating to Tenants, Homito is the data controller for its processing of such personal data for as long as the Tenant remains a Homito member. With regard to your personal data, Homito shall be the data controller for its processing in accordance with the below. When renting out Apartments, you will be the data controller in respect of the Tenant in accordance with the Apartment Agreement for the Apartment. You therefore have a responsibility to comply with the processing requirements relating to such processing of the Tenant's personal data under the Apartment Agreement. What Homito uses personal data relating to the Landlord for In order to fulfill the Agreement with you and to provide you with support and service pursuant to the agreement, your personal data will be processed by Homito as required. Such processing is in the interests of both Homito and you.

HOW LONG DOES HOMITO KEEP PERSONAL DATA AND WHAT ARE THE RIGHTS OF THE DATA SUBJECT

Homito shall process data for as long as it is necessary to perform Homito’s obligations under the Agreement and for as long as it is required pursuant to statutory retention periods. Each data subject has agency over their personal data and shall be entitled to contact Homito if they would like information about the data processed by Homito, to request correction, deletion or transfer of such data, or to request that Homito restricts the processing of such data. Please note that Homito needs to collect personal data in order to provide the Service to you. If a data subject wishes to withdraw their consent and request changes to or deletion of personal data, it could therefore mean that Homito would be unable to provide the Service to the data subject.

PROTECTION OF PERSONAL DATA

Homito uses modern security solutions to collect, process, store and communicate personal data according to industry practice.

RESPONSIBILITIES

Each party shall be responsible for complying with its obligations under this Agreement. In the event of Homito’s breach of this Agreement, Homito’s liability shall be limited to direct damage and a maximum amount of SEK 1,000.

AGREEMENT PERIOD AND TERMINATION OF THE AGREEMENT

The Agreement shall apply between the parties from and including the date on which the Agreement was entered into. You shall be entitled to terminate the Agreement subject to a notice period of three (3) months. Homito shall be entitled to terminate the Agreement subject to a notice period of one month or with immediate effect if it transpires that you have breached the Agreement or if Homito finds that the Apartment is unsuitable for rentals. Termination shall be made through written notice to the other party.

AMENDMENTS

Homito shall be entitled to update these General Terms and Conditions after notifying you of such amendments no later than 30 days before the amendments are due to take effect. If you do not accept such amendments, you shall be entitled to terminate the Agreement before the expiration of such a 30-day period. In the event of terminations received by Homito within this 30-day period, the Agreement shall expire at the end of the 30-day period.

DISPUTES

Any disputes arising in connection with this Agreement shall be finally determined by a Swedish court, with Stockholm District Court as the first instance.

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