TERMS & CONDITIONS ARCHIE, THE HOMETELIER
On one part, ARC RESIDENTIAL VILANOVA, S.L.U., with registered address at Av. Diagonal, 433, 1º 2ª, 08036 Barcelona, with tax identification number B16974966, registered at the Commercial Registry of Barcelona in volume 48,028, page 168, sheet B-569,988 (the “Landlord).
And the other part, the Tenant, as identified in the booking form of the Property (the “Booking Form”).
The Landlord and the Tenant will be referred to collectively as the “Parties” and any of them separately as a “Party“.
Recitals
I. The Landlord is a tenant in the building located at Av. de Vilanova, 3-5, 08018 Barcelona, registered at Land Registry of Barcelona number 1, in volume 4,432, book 609, page 221, registered property number 16,064 (the “Building“).
For matters not expressly regulated in this document, the Booking Form will apply.
II. To meet the temporary, provisional and non-permanent purpose identified in the Booking Form, the Tenant or its employees (the “Employees“) are interested in leasing the properties of the Building identified in the Booking Form (the “Property“) for the Term specified in the Booking Form.
III. The main or permanent address or residence of the Tenant or of the Tenant’s Employees is that stated in the Booking Form, and so in no case may the Tenant or its Employees use the Property covered by the Lease for those purposes. Consequently, the Tenant knows and accepts that the Property will be leased solely and exclusively for the Tenant or the Tenant’s Employees’ use for the season outlined in the Booking Form.
IV. Accordingly, the Parties sign this seasonal residential lease (the “Lease“), which will be constituted by what is established in the Booking Form and in the following
CLAUSES
1. Purpose
1.1 Under this Lease, the Landlord leases the Property to the Tenant, which in turn accepts the lease, and agrees to provide the supplementary services listed in Schedule 2.
1.2. The Lease gives the Tenant the right: (i) to use the facilities of the Building, in accordance with the rules on use of the common areas of the Building and (ii) to use the services listed in Schedule 2, except for those identified in the schedule above as supplementary services, the cost of which will be paid by the Tenant in addition to the Rent.
2. Purpose
2.1 The Property must be used exclusively as seasonal accommodation, and no domestic lodging, trade, industry, office, professional office or registered office may be set up in it.
2.2. The purpose of the Lease will not be to meet the permanent need for a residence of the Tenant or its employees and will be based on a temporary or provisional need of the Tenant or its Employees. Consequently, the Tenant may not officially register itself, establish its tax address or perform any act that may entail establishing its main residence in the Property, including setting the Property as its address for tax or correspondence purposes. Likewise, where applicable, the Tenant agrees that its Employees must not do so.
3. Term
3.1. To serve the Purpose envisaged in the Booking Form, this Lease is entered into for the term established in the Booking Form (the “Term“), which will be considered a “season” for the appropriate purposes.
3.2. At the end of the Term, the Lease will be automatically terminated with no need for a prior request from the Landlord. The Tenant must hand over the keys of the Property and vacate it, leaving it free, empty, clear and at the Landlord’s disposal in the appropriate condition, without any delay.
3.3. For clarity, if applicable, the Term will be independent from the effective stay of the Tenant’s Employees, and so, even if their stay is less than the Term, the Tenant must pay the Rent (as defined below) in full. The Tenant may not terminate the Lease early if its Employees occupy the Property for a period shorter than the Term.
4. Handover
4.1. The Tenant, where applicable, must inform the Landlord of the start date and end date of the stay of each of the Tenant’s Employees occupying the Property during the Term at least 72 hours before each of them starts their stay.
4.2. On the Start Date, the Landlord must make the Property available to the Tenant, in good condition to serve the intended use, delivering the corresponding access keys to it at that time. The Tenant represents that it is aware of and accepts the characteristics and condition of the Property and the furniture, fixtures and installations, and agrees to keep them in good condition throughout the Term.
The Tenant or, where applicable, the Tenant’s Employees may check in to the Property online from 72 hours before the Start Date or in person on the Start Date. For check-in, the Tenant or, where applicable, the Tenant’s Employees must sign the document attached as Schedule 1 (whether online or in person). Furthermore, as applicable, the obligations assumed by the Tenant under Schedule 1 will extend to the Employees in respect of the occupancy of the Property. The Tenant also agrees that the Employees must not establish their domicile or main residence in the Property in any way, in accordance with this Lease.
5. Rent
5.1. The rent to be paid by the Tenant for the agreed season will be the sum specified in the Booking Form (the “Rent“). For clarity, the Rent must be paid by the Tenant and never by the Employees who make use of the Property. The Tenant is therefore directly liable for payment of the Rent.
5.2. The Rent corresponding to each month of the Term will be paid by the Tenant by transfer to the bank account provided for that purpose by the Landlord, by bank card or by direct debit within the first five (5) days of each month of the Term. In case the Start Date does not coincide with the natural first day of the month, the Tenant will pay the proportional part of the Rent corresponding to the days of the corresponding month that are part of the Term before or on the Start Date.
5.3. If the Tenant terminates this Lease before the end of the Term, the Landlord will keep the amounts corresponding to the Security Deposit and the Additional Security as compensation for damages, which is agreed as liquidated damages clause and applies without the need to prove loss. The Tenant therefore waives the power of moderation provided for in the Spanish Civil Code (Código Civil) (the “Civil Code”) in the event of a partial or irregular performance of its obligation.
5.4. In any case, by providing the supplementary services listed in Schedule 2, the lease is subject to and not exempt from value added tax (“VAT“) at the rate of 10%. The Landlord must deliver the invoice on the Start Date, passing on the corresponding VAT.
6. Utilities and meters
6.1. The Property is leased in its current state in terms of installations and/or existing lines for the supplies with which the Building is equipped, which the Tenant states it knows and accepts. In particular, these are electricity, water and internet.
6.2. The amount of supplies is understood included in the Rent up to a maximum of EUR 250 per month per Property. The Tenant will bear the expenses for private utilities in the Property in excess of the EUR 250 per month per Property and that are individualised with meters (including water, electricity and internet consumption, for example) (the “Additional Utilities“). The Additional Utilities will be paid by the Landlord and passed on along with the VAT applicable to the Tenant by transfer to the bank account provided for this purpose by the Landlord within five (5) days of the end of the Lease for stays of less than 60 days and within the first five (5) days of each month of the term of the Lease for stays of over 60 days. The Landlord and those designated for that purpose may access the Property regularly to inspect the meters.
6.3. If the Tenant does not pay the transfers referred to in the previous paragraph within the periods established, the Landlord may deduct or retain the outstanding amounts from the Security Deposit and/or the Additional Security, in accordance with clause 12.2.
7. Upkeep and works
7.1. The Tenant must keep the Property and its furniture, fixtures and installations in good condition and a good state of repair.
7.2. Nonetheless, the Landlord will bear the expenses necessary to make the necessary ordinary repairs that are not attributable to the Tenant for to maintain the appropriate living conditions in the Property for the agreed use.
7.3. The Tenant may not carry out works or refurbishment of any type in the Property. It may not in any way alter the Property’s furniture or decoration or introduce new elements different from the Property’s the furniture, fixtures and installations.
8. Other Tenant obligations
8.1. In addition to other clauses of this Lease, the Tenant agrees:
a. Not to engage in illegal, unlawful, dangerous and/or unsanitary (or potentially dangerous and/or unsanitary) activities in the Property.
b. Not to have or handle explosive, flammable, unsanitary, harmful or dangerous materials in the Property.
c. To inform the Landlord, as soon as possible, of the need to make any necessary repairs to keep the Property in suitable living conditions.
d. To allow the Landlord and the operators or technicians engaged to access the Property to complete, inspect and verify any type of works or repairs affecting the Property or to verify its condition.
e. Not to have domestic animals in the Property.
f. Not to use the Property for tourism purposes.
g. Not to use the Property for a purpose other than that described in the Booking Form and, in particular, not to use it as a main residence.
h. To observe the rules on use of the common areas of the Building in force at any given time.
8.2. Breaching the above obligations will be considered grounds for termination of the Lease due to a serious breach by the Tenant. If the Landlord terminates the Lease due to a breach of the stated obligations, the Landlord will keep the amounts corresponding to the Security Deposit and the Additional Security as compensation for damages, which is agreed as liquidated damages clause and applies without the need to prove loss suffered. The Tenant therefore waives the power of moderation provided for in the Civil Code in the event of a partial or irregular performance of its obligation.
9. Waiver of rights
9.1. If applicable, the Tenant expressly waives any pre-emption rights that may correspond to if the Building or the Property is transferred and, in particular, those included in section 25 in relation to section 31 of the Spanish Urban Leases Act (Ley de Arrendamientos Urbanos) (the “Spanish Urban Leases Act”).
9.2. The Tenant may not, under any title, assign this Lease or sublease all or part of the Property and, therefore, expressly waives the rights of assignment and sublease in section 32 of the Urban Leases Act.
10. Security Deposit
10.1. On today’s date, the Tenant, by bank transfer to the account designated for that purpose by the Landlord or by credit card, delivers a total amount corresponding jointly to the Security Deposit and the Additional Security, which corresponds in total to the 17% of the Rent.
10.2. The Security Deposit and the Additional Security will be assigned to cover compliance with the obligations assumed by the Tenant under this Lease.
11. Termination of the Lease
11.1. The Tenant may terminate this Lease at no cost provided that it notifies the Landlord at least 60 days before the Start Date.
11.2. If the Tenant terminates this Lease between 60 and 30 days before the Start Date, the Landlord will keep the amounts corresponding to the Security Deposit and the Additional Security as compensation for damages, will keep the amounts corresponding to the 50% of the Security Deposit and the Additional Security as compensation for damages. The Tenant therefore waives the power of moderation provided for in the Civil Code in the event of a partial or irregular performance of its obligation.
If the Tenant terminates this Lease within 30 days of the Start Date, the Landlord will keep the amounts corresponding to the Security Deposit and the Additional Security as compensation for damages. The Tenant therefore waives the power of moderation provided for in the Civil Code in the event of a partial or irregular performance of its obligation.
12. Discharge of the Lease
12.1. At the end of the Lease, the Property will be inspected to verify its condition, and that of the furniture, fixtures and installations on which the Property is located. Any damage identified by the Landlord in that inspection may be deducted from the Security Deposit and/or the Additional Security.
12.2. Furthermore, the Landlord would be entitled to keep the amounts corresponding to the Security Deposit and the Additional Security until the Tenant has definitively liquidated all the amounts owed by the Tenant due to a breach of this Lease or in concept of Additional Utilities.
12.3. If (i) the Landlord has not identified any damages in the referred inspection, (ii) there have been no breaches of the Lease by the Tenant, and (iii) no Additional Utilities are pending to be paid, the Landlord will reimburse to the Tenant the full amount of the Security Deposit and the Additional Security.
12.4. If there are damages on the Property, breaches of the Lease by the Tenant or certain Additional Utilities pending to be paid by the Tenant that amount to less than the amounts of the Security Deposit and the Additional Security, the Landlord will reimburse to the Tenant, within the period of thirty (30) days from the termination of the Lease, the amount resulting to deduct the owed amounts to the Security Deposit and the Additional Security.
12.5. Furthermore, if there are damages on the Property, breaches of the Lease by the Tenant or certain Additional Utilities pending to be paid by the Tenant that amount to more than the amounts of the Security Deposit and the Additional Security, the Tenant will reimburse the difference within the period of ten (10) days from the notice by the Landlord to the Tenant to those effects.
13. Notices
13.1. All communications and notices issued by the Parties under or in relation to this Lease must be made in writing, in Spanish or English, with a record of the content and their receipt.
13.2. Communications and notices between the Parties must be sent to the addresses and/or email addresses indicated in the Booking Form.
14. Data protection
14.1. The Tenant’s personal data will be processed by the Landlord, who will act as data controller and use them to comply with the obligations established in this Lease. The Landlord’s contact details are those recorded at the beginning of this Lease and in the Booking Form (address).
14.2. The Tenant’s data will be processed for the purpose of performing this Lease and exercising the rights and obligations contained in it. The legal basis for processing the data is, therefore, the performance of this Lease, which is necessary to provide the envisaged services or for the legitimate interest.
14.3. The Landlord will store the Tenant’s personal data as long as this Lease is in force and, once it has been terminated, it will keep them blocked.
14.4. Any third parties legally or contractually connected with the Landlord may access the Tenant’s personal data to provide ancillary services necessary for the normal operation of the commissioned services (executives, auditors, consultants or IT services). The Landlord must not perform international transfers of the Tenant’s personal data.
14.5. In accordance with current law, the Tenant may exercise the right of access, rectification or erasure of the data, restriction of or objection to the processing of the data, and the right of portability, by written communication to the following address of the Landlord: notifications@archieliving.com. Data subjects may also submit a claim to the competent supervisory authority.
14.6. The Tenant will notify the Landlord of the personal data of the natural persons who will use a card/key as a system for entry to the premises covered by this Lease. The Tenant accepts liability for informing and obtaining the consent of these persons to transfer their data to the Landlord for this purpose, by obtaining express authorisation from the person that it must provide, at the Landlord’s request, as soon as possible.
15. Governing law
15.1. This Lease is governed by what is expressly agreed by the Parties and, in the absence of such, by Title III of the Urban Leases Act and, subsequently, the Civil Code.
16. Jurisdiction
16.1. The Parties agree to submit to the courts of Barcelona to resolve any dispute arising from the performance or interpretation of the Lease.
As evidence of their assent to these terms, the Parties sign this Lease in Barcelona by electronic means, recognising the full validity of this method of signature, on the date indicated in the Booking Form.