These are our terms and conditions for use of the network.

The following Terms and Conditions regulate the use and access to the “BADI PLUS” platform. The following

Terms and Conditions shall include the Sublease Agreement between BADI and You as Annex, which shall regulate the conditions of the sublease. By accepting these Conditions, You agree that Your reservation with BADI is contingent upon the execution of BADI’s internal verification procedure applicable to Sublessees.

Once your reservation request has been approved and communicated via email, you may consult these Conditions and the Sublease Agreement at any time.

The following is the identification data of the owner of the BADI platform:

Company name: BADIAPP TECHNOLOGIES, S.L. 

Registered Office: Ronda Sant Pere 16, 08010 Barcelona (Spain)

Registration data in the Mercantile Registry of Barcelona, Volume 47132, folio 91, page B-542190.

Tax Identification Number: B-67536458

E-mail: hello@badi.com 

The holder will be referred to as, “BADI“, the “Company“, “We” and/or “Us” indistinctly.

“Badi” or “Platform” means: 

The Website or App that allows Users to book or rent medium-term stays (more than 32 days and up to 11 months) at BADI-managed estates. 

“Physical Check-in” means:

The start of the stay or entry to the property in accordance with the effective date agreed during the booking.

“Online check-in” means:

The form provided on the Platform for the potential Sublessee to provide additional information, for the purpose of assessing and approving their reservation request.

“Terms” means:

This document or agreement governing the Terms and Conditions of use and contracting on the platform.

“Sublease Agreement” means: 

The private lease agreement between BADI, as Sublessor of an Estate, and the Users, who shall have the possibility to lease propertys of varying duration, always longer than 31 nights and. In no case can the users use the properties for tourist accommodation purposes  other than what is  mentioned in the Sublease Agreement.

“Shared Spaces” means:

The rooms of common use such as,the kitchen, living-dining room and terrace. 

“Deposit” means: 

For the purposes of these Conditions, the amount that the Sublessee has paid to the Sublessor, as a “reservation” after requesting the accommodation through the Platform, is equivalent to a monthly rent. For clarification purposes, the amount paid after the reservation request, shall constitute the “Deposit” in guarantee of the rental, after the Sublessee has accepted the Sublease Agreement.

“Property” means: 

Urban Housing of which BADI holds the necessary permissions to sublease to third parties, including Rooms, Studios and Shared Spaces.

“Room“ or “Studios” means: 

Private equipped and furnished spaces constituting the Urban Estate.

“Additional Expenses” means: 

The charge to be made to the Sublessee for cleaning added to the last monthly payment. It also refers to the one-time periodic expenses to be assumed by the Sublessee Examples such as expenses related to supplies, services, consumption, maintenance, upkeep and repairs.

“Verification Policy” means:

The procedure followed by BADI to verify the identity and solvency of the prospective Sublessee.

“Landlord” means:

The natural or legal person who holds a legitimate title of ownership with respect to the Properties offered on the Platform. In no case shall the identity of the owners of such real estate be disclosed to Users.

“Monthly Rent“ or “Lease Rent” means:

The amount to be paid by the Sublessee, the same that corresponds to the Lease Rent referred to in the booking confirmation, as well as what is referred to in the “Lease Rent” clause of the Sublease Agreement.

“Services” means:

The offer of Rooms and Studios offered by BADI through its “BADI” Platform. Likewise, “Services” means: those related to the internal verification procedures carried out by BADI (Verification Policy), before confirming the approval of the reservation request.

“Sublessor” means: 

BADI (owner of the Platform) who has entered into a lease agreement with the Owners entitling it to control, offer and manage such real estate, and to sublease it to the Platform Users.

“Subtenant” or “User” means: 

The natural people who access the Platform in search of a Room or Studio of temporary duration. 

In these Conditions, unless a contrary intention appears:

– The use of the singular shall include the plural and vice versa.

– The use of any gender includes the other genders.

– Headings are used for reference only.

– References to any legislation or rules include any successor legislation or rules, and are to the legislation or rules of the Spanish State unless otherwise expressed.

The Platform is intended to allow Users to reserve and rent Rooms, Apartments or Studios for medium-term stays (minimum 32 days and up to a maximum of 11 months) in PROPERTYs legitimately managed by BADI. 

In that sense, BADI does not own the properties published on the Platform, but has entered into a lease agreement with the Owners and, therefore, is entitled to publish, monitor, offer, manage and sublet the properties.

Likewise, the Services offered by BADI (through its Platform) include the execution of the Verification Policy developed in these Conditions.

The User declares to be over 18 years of age and to have sufficient legal capacity to enter into a contract.

Additionally, all accompanying individuals must also be of legal age, except for those staying in an apartment or studio. This implies that individuals under the age of 18 are prohibited from staying in Rooms and Suites

In the event that the User provides any false, inaccurate, or incomplete information, or if BADI considers that there are reasonable grounds to doubt the truthfulness, accuracy, and completeness of these, BADI may deny access in the present or future use of the Platform or any of its contents/ services.

The User guarantees the authenticity and timeliness of all data included and communicated on the Platform and shall be solely responsible for any false or inaccurate statements made.

The User expressly agrees to make appropriate use of BADI Services and not to use them for the following purposes:

– Impersonate the identity of any other User. 

– Use the Platform or the Services offered by BADI for purposes not reflected in these Terms and Conditions and in the Lease Agreement.

– Use the Company’s trademarks for personal use, damage the trademarks and/or logos, take screenshots or use means of the Platform to advance personal interests in other media or avenues. 

– Violate the confidentiality of BADI or third-party information.

– Removing, altering, disabling, or downgrading content protections; use of any robot, spider, scraper, or other automated means to access BADI Services; decompile, reverse engineer, or disassemble any software or other products or processes accessible from BADI Services; introduce any code or product or manipulate the contents of the Platform in any way; and use any method of searching, gathering or extracting data.

– Introduce into the Platform, computer viruses or perform actions likely to alter, damage, interrupt, or generate errors or damage to electronic documents, data, or physical and logical systems of BADI or third parties; as well as hinder the access of other users to the Platform and its services through the massive consumption of computing resources through which BADI provides its services. 

If you detect that a User uses the Platform for purposes other than those stated in these Conditions, inappropriately and/or illegally, you should contact us at the following email address: hello@badi.com. 

For its part, the Company reserves the right to remove and/or block access to any user who considers or has sufficient evidence that these Conditions are being breached, regardless of the legal actions that may be exercised at any time.

The User interested in one of the Rooms, Apartments or Studios offered, will have to make a reservation request under the form provided on the Platform. 

This form is a requirement to validate the request and the payment of the total amount of the Deposit. The amount of the deposit will guarantee the rental, after the approval of your reservation request and following the execution of BADI’s internal verification procedure. (Applicable to Subtenants). 

Upon payment of the reservation amount and after the verification of the reservation, BADI will send the User a confirmation email of the booking breakdown with the conditions of the reservation attached.

The reservation request and the prospective Sublessee’s contact information will be evaluated by BADI, as Sublessor, who may approve or reject the prospective Sublessee’s request, after verifying the identity and other internal parameters imposed by BADI.

For these purposes, BADI may request from the prospective Sublessee certain additional information and documentation (e.g., copy of ID card, NIE or Passport and in general any documentation BADI deems appropriate and necessary to comply with this policy).

Additionally, BADI reserves the right to request any identification document at any time after the confirmation of the reservation. Failure to provide such documentation could be grounds for blocking access and/or the termitation of the reservation.

– The potential Sublessee must provide, within a maximum period of 48 hours from its request, the documentation required by BADI through the “Online Check-in” form.

– Upon receipt of the documentation, BADI will accept or deny the potential Sublessee’s reservation request within 24 hours.

– In any case, if the potential Sublessee does not provide the requested information within 48 hours, BADI will consider the reservation confirmed and will proceed to request the identification documents through the contact channels provided by the customer.

In the event that the potential Sublessee does not provide the documentation (menitoned above) within the deadline, or in the event that, once provided by the potential Sublessee and analyzed by BADI, it is found that the potential Sublessee does not meet the conditions, as well as other suitability requirements, such as, BADI’s internal parameters of concordance between cohabitants, BADI may contact you to provide assistance and, if necessary, relocate you to other available Rooms, Apartments or Studios.

In the event that the guest decides to reserve a room or apartment without meeting its requirements, Badi may cancel the reservation, and a penalty of €50 will be applied for administrative expenses.

When the potential Sublessee passes the internal verification procedure, BADI will send you a confirmation notice including the conditions of your reservation and the following information: location of the property, the amount paid as Deposit, the amount of the monthly Rent, the itemized Additional Expenses, the Service Costs and the duration of your stay, together with the link to these Conditions, including the Sublease Agreement and a link to the House Rules, that you have previously accepted with the knowledge that your reservation request depends on the execution of BADI’s internal verification procedure.

BADI may not reject a reservation request on the basis of skin color, ethnicity, nationality, religion, sexual orientation, gender identity or marital status, nor impose any different conditions on the basis of skin color, ethnicity, nationality, religion, sexual orientation, gender identity or marital status of the potential Sublessee.

The price for the monthly Rent to be paid by the Sublessee will be shown on the final checkout page after selecting the dates of your stay.The contracts shall commence on the 1st and 15th of each month and shall terminate on the 14th and the last day of the month, respectively.

The tenant is required to pay the full monthly fee on the commencement date of the contract and may access and vacate the accommodation at any time between the start and end dates of the contract.In the event that the contract commences on the 1st of the month, the tenant shall be liable for the full payment of the monthly fee, irrespective of the actual date of entry into the accommodation. If the contract commences on the 15th of the month, the client shall be required to pay 50% of the first month’s rent.

Furthermore, if the contract terminates on the 14th of the month, the tenant shall pay 50% of the final month’s rent. If the contract terminates on the last day of the month, the tenant shall be liable for the full payment of the final month’s rent.

Prices are in euros, all taxes included (VAT and, if necessary, other applicable taxes) unless otherwise indicated.

All payments will be made through the payment gateway integrated with the Platform, these will be charged to the Sublessee after approval of the reservation by BADI, except the amount of the reservation initially paid, the same as after the approval of your application will be constituted as a Deposit in guarantee of the rental. 

The Sublessee agrees to pay the price corresponding to the monthly Rent in advance and the Price corresponding to the rest of the monthly payments will be charged within the first five (5) days from the receipt by the Sublessee of the corresponding invoice through the payment gateway. Likewise, payments relating to Additional Expenses shall be charged to Sublessee through the payment gateway. In any case, BADI will charge the next monthly payments through the same payment system used by the User to pay for the reservation.

The entity in charge of the payment gateway Stripe Payments Europe, Ltd (hereinafter, “Stripe”) is a third party unrelated to BADI so for any claim related to such gateway, please contact the following email: info@stripe.com. The terms and conditions of the payment gateway can be consulted here. 

For the purposes of the provisions of these Conditions, as well as in the Sublease Agreement, “First Payment” shall mean the first monthly Rent, if applicable, the amount proportional to the first month, the additional expenses, as well as, if applicable, the possible penalties and any amounts to be paid by the Sublessee in accordance with these Conditions and the Sublease Agreement.

The collection of the monthly Rent, as well as the applicable additional expenses, shall be completed on the first five (5) calendar days of each month. The consequences of late payment are regulated in the Sublease Agreement. In any case, the Sublessee will receive, through the e-mail address provided for such purpose, a settlement including all the data related to each transaction.

BADI and Stripe shall not be liable for any failure or delay in completing the payment of any of the amounts due to the following circumstances (a) the Sublessee’s payment method does not have sufficient funds to complete the payment or the charge of the amount is rejected by the issuing banking institution of the payment method; (b) Stripe’s payment processing services are not functioning properly and Sublessee has been so notified prior to executing the transaction; (c) Sublessee’s equipment, software or telecommunications services are not functioning properly; (d) Sublessee fails to provide correct payment method information; and (e) major events. BADI is not responsible for any charges that Sublessee’s banking institution charges to the payment method as a result of Sublessee’s failure to have sufficient credit or funds in the payment method.

The User as a consumer shall have the right to withdraw from the Services provided on the Platform, during the next 24 hours following the payment of the reservation, unless this period is interrupted by the start of the stay, in which case the User shall have lost their right of withdrawal. 

For clarification purposes, “Sublessee” shall mean the User who has successfully passed BADI’s internal verification procedure and, consequently, has checked in online. For this reason, once BADI’s internal verification procedure has been completed, the conditions for the cancellation or termination of the relationship between the parties shall be governed by the provisions of the Sublease Agreement.

The contents related to the Company’s trademarks, domains, logos, drawings, images, videos, audios, including, software, computer programs, or any element that may be susceptible to protection by the Intellectual or Industrial Property legislation, which may be accessible to Users, are the property of the Company (or third party licensors) and all rights of use over them are expressly reserved. You may make use of such rights only as expressly authorized by the Company or by those who have licensed them for use.

Likewise, the User agrees not to remove, delete, alter, manipulate or in any way modify:

– Those notes, legends, indications or symbols that either the Company or the legitimate owners of the rights, incorporate to their properties regarding Intellectual or Industrial Property (such as, for example, copyright, ©, ® and ™, etc.). 

– The technical protection or identification devices that may contain the material subject of Intellectual or Industrial Property (such as, for example, watermarks, fingerprints, etc.). 

The User acknowledges that, by virtue of these Conditions, the Company does not assign or transfer to the User any Intellectual and/or Industrial Property rights of its property, or over any rights of third parties. The Company only authorizes the User to access and use them in accordance with the terms indicated in these Conditions. Therefore, the Company does not grant any other license or authorization of use to the User on the rights of Intellectual and/or Industrial Property other than that expressly detailed in the present Conditions. 

Users are not authorized to copy, distribute, transmit, communicate, modify, alter, transform, transfer or in any other way deploy activities that involve the commercial use of the Intellectual and/or Industrial Property rights of the Company, whether in whole or in part, without the express consent, granted in writing, of the legitimate owner of the exploitation rights. 

The Company reserves all Intellectual and/or Industrial Property rights to which it is entitled, including any authorization and/or license.

To the fullest extent permitted by law and except as otherwise provided in these Terms, in no event shall BADI be liable for any personal, incidental, special, direct or indirect damages, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, related to the use or inability to use the Platform, regardless of the cause, regardless of the theory of liability (contractual or otherwise) and even if the User has been advised of the possibility of such damages. 

BADI excludes, within the limits of applicable law, any liability for damages of any nature whatsoever arising from third-party information and not directly managed by us.

In the event of any claim and/or incident attributable to BADI, related to the Platform, we have a complaint procedure that is initiated through the email address hello@badi.com. Once this communication is initiated, we will work together with the User to gather the necessary information about the claim and/or incident.

BADI undertakes to reply to the User within seventy-two hours (72 hours) from receipt of the complaint.

Likewise, if you act as a consumer, you may amicably resolve any incidents that may arise during the contractual relationship through the Platform promoted by the European Commission:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

All personal data provided by Users through the booking or payment form, contact or any other form available on the Platform will be treated confidentially and in accordance with the provisions of the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. More information can be found in our Privacy Policy.

These Terms and Conditions shall be governed by the Spanish legislation in force. In the event of any conflict or discrepancy arising in the interpretation and/or application of these Conditions, the competent Courts shall be those provided for in the applicable legal regulations regarding competent jurisdiction. Likewise, disputes related to the sublease shall be submitted to the competent courts established in the Sublease Agreement.

We reserve the right to modify these Terms and Conditions at any time. In the event of any change to the Conditions, these will be published on the Platform and the date of their publication will be indicated, so that the User knows the date on which such modification has become effective. In any case, the User will receive a notification through electronic means about any update of the Conditions prior to their publication on the Platform.

GATHERED

On the one hand, [NAME OF THE TENANT], of legal age, of nationality [NATIONALITY], holding Passport [PASSPORT NUMBER], residing at [COMPLETE ADDRESS].

“BADIAPP TECHNOLOGIES, S.L.” (hereinafter referred to as “BADI” or the “Sublessor”), with registered address in Barcelona, Ronda Sant Pere, number 16. Registered in the Mercantile Registry of Barcelona, Volume 47,132, Folio 96, Sheet B-542,190. With Tax Identification Number B67536458.

INVOLVED

1) “BADIAPP TECHNOLOGIES, S.L.” (hereinafter referred to as “BADI” or the “Sublessor”), with registered address in Barcelona, Ronda Sant Pere, number 16. Registered in the Mercantile Registry of Barcelona, Volume 47,132, Folio 96, Sheet B-542,190. With Tax Identification Number B67536458.

2) Mr./Ms. [NAME OF THE TENANT], in their own name and right. Hereinafter referred to as the “Sublessee”.

Both Parties acknowledge, reciprocally, the necessary capacity for the conclusion of this Contract, for which purpose,

EXPRESS

I.- That by virtue of a private lease agreement signed with the rightful owners, BADI holds the status of lessee of an urban property, located in a building situated at [COMPLETE ADDRESS OF THE ROOM/APARTMENT] (hereinafter referred to respectively as the “PROPERTY” and the “BUILDING”).

II.- That, according to the aforementioned lease agreement, BADI is empowered to sublease the PROPERTY, which is equipped and furnished with the necessary utensils, household items, and supplies for its use. In this regard, the PROPERTY, in addition to having rooms for private use, if applicable, will have the following Shared Spaces: kitchen, living-dining room, and/or terrace.

III.- That the Sublessee is aware of the location and general characteristics of the PROPERTY and the BUILDING, and is interested in renting, for private use, temporarily, one of the rooms that constitute the PROPERTY, which is also equipped and furnished.

IV.- That the Sublessor will provide the Sublessee with a series of additional services (typical of the hotel industry) in the sublease.

In accordance with the foregoing, both parties agree to the conclusion of this Contract, which will be governed in accordance with the following stipulations:

First. – Applicable regime, object, and purpose.

1.1.- Applicable regime.

Given the nature of this Contract, as well as the lease relationship agreed herein, it shall be governed primarily by the stipulations contained in this Contract and by the provisions of the Spanish Civil Code, expressly waiving submission to Law 29/1994, of November 24, on Urban Leases.

1.2.- Object of the Contract.

By virtue of this Contract and subject to the terms and conditions agreed herein, BADI subleases the ROOM or APARTMENT (as specified in the reservation) to the Sublessee, who accepts it as such.

The STUDIO, APARTMENT, or ROOM constitutes the object of sublease agreed herein, with the Sublessee also authorized to use, shared with the other sublessees of the PROPERTY, the Shared Spaces, provided that they strictly comply with the coexistence rules contained in the Code of Conduct, which is incorporated into this Contract.

Common and structural elements of the BUILDING in which the PROPERTY and the ROOM are located are expressly excluded from the sublease, such as, for example, the facade, load-bearing walls, roof, and staircase lobby, among others.

1.3.- Purpose [of the ROOM or APARTMENT].

The [ROOM or APARTMENT] [ROOM or APARTMENT NAME] shall be exclusively and non-transferably intended by the Sublessee for temporary stay, without implying or entailing in any case the satisfaction of the Sublessee’s need for habitual residence.

The Sublessee may not modify the purpose [of the ROOM or APARTMENT] under any circumstances. Otherwise, it shall constitute grounds for termination of this Contract.

Furthermore, in such case, the tenant must vacate the ROOM or APARTMENT within twenty-four (24) hours following notification by BADI of the termination of this Contract.

Second. – Delivery and use [of the ROOM or APARTMENT].

2.1.- Delivery [of the ROOM or APARTMENT].

As detailed in the email confirmation of the reservation made by the Sublessor, the latter shall deliver the ACCOMMODATION to the Sublessee on the date and time agreed for its use under this Contract, equipped (with the corresponding supplies) and furnished (with the necessary household items, in accordance with the list or inventory that the Sublessee acknowledges having received), with the Sublessee committing to maintaining it in the same condition and conditions until the end of this Contract, regardless of its cause, without further deterioration than those that may have occurred due to the mere passage of time and ordinary and proper use thereof.

BADI shall not be liable in any case for any furniture or items introduced into [the ROOM or the APARTMENT] and/or into the PROPERTY by the Sublessee.

In case of loss or misplacement of any keys or access cards during the term of the Contract, the Sublessee may request a replacement from the Sublessor, and must pay to the Sublessor the amount of 100 euros.

2.2.- Use [of the ROOM or APARTMENT].

In accordance with the foregoing in the First Stipulation, the Sublessee shall allocate [the ROOM or the APARTMENT], for their personal and exclusive use, as a place of temporary residence, which entails the use and enjoyment, collectively with other users, of the Shared Spaces of the PROPERTY, as well as the use of services, supplies, and furniture.

In any case, both Parties expressly agree that [the ROOM or the APARTMENT]:

– Cannot be designated or used as tourist accommodation or similar (including, but not limited to, the following types of tourist accommodation: tourist apartments and tourist-use homes), nor can it be used for any purpose other than that mentioned.

– Cannot be provided to third parties not party to this Contract for overnight stays, even on an occasional basis.

In the hypothetical case that the guest subleases the facilities to third parties, they will assume full responsibility for all legal expenses. Consequently, BADI will be exempt from any liability, being the party harmed by such activity.

Furthermore, the Sublessee will face penalties including immediate termination of their contract and forfeiture of the deposit. In the event that, in this scenario, any individual not party to the contract holder is found in the residence as a result of the aforementioned fraudulent activity, they will be offered the opportunity to rent a BADI space through the official subleasing process.

Under no circumstances will more than two (2) overnight stays be allowed in a consecutive period of ten (10) natural days. The Sublessee’s failure to comply with this provision shall result in the termination of this Contract and the Sublessee’s payment of twice the daily rent for each unauthorized overnight stay. It is strictly prohibited for third parties to sleep or rest in any common area.

In any case, the Sublessee undertakes to ensure the proper conservation of the ROOM and the PROPERTY by the persons who, if any, stay overnight or visit, with the Sublessee being responsible to the Sublessor for any damage that may occur to persons or property in the ROOM, PROPERTY, or in the BUILDING.

In the event that a ROOM-type suite is inhabited by more than one tenant, it must be notified to BADI before the start of the contract, and an extra fee of ONE HUNDRED (100) EUROS (including VAT) per couple will be charged monthly. If the notification is made after the start of the contract, said amount will be charged retroactively for the months that have elapsed between the start of the contract and the date of notification.

3. Duration and Termination.

The duration of this Contract is established based on the dates selected by the Sublessee at the time of requesting the reservation on the BADI Platform and in the email communication confirming the approval of the reservation. Original departure date [DD/MM/YYYY]. Upon expiration of the agreed duration, it shall be automatically terminated without the need for communication or requirement from either Party, expressly excluding any tacit renewal that, if applicable, might correspond.

Additionally, all access will be withdrawn at the end of the agreed duration.

Extensions: The lessees will have the possibility to extend this sublease contract, with the Sublessor reserving the right to accept or reject the extension request. Any extension must be agreed upon in writing between the Parties, and the terms and conditions will be the same as those established in this Lease Agreement, unless the Parties expressly agree otherwise.

The extension of the contract will be at no additional cost to the lessee, provided that it is notified to the sublessor with a minimum of seventy-two (72) hours before the expiration date of the initial sublease term.

Additionally, BADI reserves the right to respond to such request within a maximum period of forty-eight (48) hours.

In the event of a contract extension, tenants must vacate the apartment at the same time specified in the original contract, i.e., by 11:00 a.m. This means that all belongings, including food, must be removed before 11:00 a.m.

If the extension is from ROOM TO ROOM or from ROOM TO APARTMENT, as an exception, tenants may leave only their luggage in the common area of the original apartment for a maximum of 5 hours.

If the extension is from APARTMENT TO ROOM or from APARTMENT TO APARTMENT, tenants must remove all their belongings before 11:00 a.m. and vacate the apartment. They will have the option to store their luggage in our central offices from 11:00 a.m. to 4:00 p.m. from Monday to Friday (except holidays).

Reductions: In case the Guest wishes to reduce the duration of the initially agreed stay, they must notify BADI with a minimum of 60 days’ notice before the stipulated departure date. Failure to notify within the mentioned period will result in the imposition of a penalty deducted from the deposit.

The Sublessee may terminate this Contract at any time without any penalty in favor of the Sublessor, provided that they notify it with (60) days’ notice before the new departure date. If the Sublessee notifies with less than (60) days’ notice before the new departure date, the parties agree as a penalty clause that the Sublessor may take possession of the deposit, without this implying, in any case, the exemption of the Sublessee from fulfilling the obligations assumed under this contract.

In case the reservation is not longer than 60 days, there will be no possibility to reduce or cancel the reservation without any penalty.

All reductions and extensions must adhere to the exit windows of the 14th and the last day of the month. The monthly rent shall be adjusted according to the portion of the month consumed.

3.2.- Withdrawal and Cancellation.

Prior to the start of this Contract and entry into [the ROOM or the APARTMENT], the sublessee has the right to withdraw from this Contract without any penalty provided that they notify the Sublessor within the following 24 hours from the start date of this Contract.

If the Sublessee exercises their right to withdraw from this Contract within the period provided in the previous section, the Sublessor will proceed to refund the total amount of the reservation paid, without any penalty, within a maximum period of thirty (30) calendar days.

If, on the contrary, the Sublessee cancels their reservation after the 24-hour period from the start date of this contract, the Sublessor will retain, as a penalty, the amount paid by the Sublessee at the time of reservation, without the Sublessee having any rights over said amount.

3.32.- Termination of the Contract.

Upon termination of this Contract, regardless of the cause, the Sublessee must vacate [the ROOM or the APARTMENT] and return it to the Sublessor before 11:00 am on the departure date, handing over, for this purpose, the keys to access the BUILDING, the PROPERTY, and [the ROOM or the APARTMENT] if applicable.

In case of failure to comply with the check-out procedures, the Sublessee must pay a surcharge of 25 euros for each hour of delay in vacating the BUILDING, the PROPERTY, the ROOM, or the APARTMENT if applicable. The full hour will be billed for exceeding the time, even if the delay is a matter of minutes.

At the time of returning the APARTMENT, STUDIO, or ROOM, the Parties will verify the condition and cleanliness of the ROOM, as well as the maintenance of the inventory items.

It is expressly agreed that, upon termination of the Contract, regardless of its cause, the Sublessee will be charged ONE HUNDRED AND FIFTY (150) euros for ROOMS AND SUITES and TWO HUNDRED (200) euros for APARTMENTS and STUDIOS, for cleaning and complete disinfection of the APARTMENT, STUDIO, or ROOM, in order to ensure the correct delivery of the space to the next Sublessee. If the cleaning is considered exceptionally extensive due to the lack of responsibility of the tenant and the extremely dirty condition of the apartment, an additional cleaning fee of ONE HUNDRED (100) euros will be applied for each extra hour of cleaning service.

The Sublessee will also pay the expenses detailed in the Tenth Stipulation below.

4.1.- Rent Amount.

The Sublessee shall pay the agreed monthly rent at the time of booking the (APARTMENT, STUDIO, or ROOM) on the BADI Platform, including the applicable VAT, currently at a rate of 10%, which shall be due on the first day of each month in advance.
Since the rent is subject to Value Added Tax, the Sublessor is obligated to pass it on to the Sublessee, stating it on the receipt issued for each monthly payment. Any other levy on the lease rent that may replace the aforementioned tax in the future shall be borne by the Sublessee. Likewise, in the event of a change in VAT or any other applicable tax, the monthly amount shall be adjusted accordingly.

The Sublessee shall pay the monthly rent in advance, within the first five (5) days of each month from the Sublessee’s receipt of the corresponding invoice through the payment gateway in accordance with the payment method described in clause 4.4. Additionally, payments related to Additional Expenses and amounts assimilated to rent shall be charged to the Sublessee through the payment gateway. In any case, BADI will collect the following monthly payments through the same payment system used by the User to pay the reservation.

4.2.- Delay in Payment.

Upon the due date for payment of the rent, any delay in payment of this and any other payment attributable to the Sublessee, under this Contract, shall entitle the Sublessor to demand from the Sublessee a late payment interest of THIRTY-FIVE (35) EUROS per day of delay. Late payment interest shall accrue on a daily basis from the day following the due date and shall be settled at the termination of this Contract, and may be deducted from the deposit as stipulated in Clause Fifth.

In the event that the Sublessee remains in arrears for a period exceeding five (5) days, the Sublessor may, at their discretion, (i) enforce compliance with the obligation or (ii) terminate this Contract, with the corresponding eviction of [the ROOM or the APARTMENT] and, therefore, of the PROPERTY, with all expenses incurred being borne by the Sublessee, in accordance with the agreement in the following TENTH Stipulation.

Late payment interest shall accrue until the Sublessee fulfills any outstanding payment obligation.

4.3.- BADI Fee (Amount Assimilated to Rent)

All bookings entail a management fee called BADI Fee for maintenance, 24/7 support, digital access, use of the exclusive BADI Guests app, and other services related to the rental of the room, which will be calculated based on the duration of the contract and the monthly rate of the room or apartment and will be included in the first month’s rent. A unique value will be assigned to each night according to the reference table presented below:

[Please provide the reference table for calculating the BADI Fee.]

In the event of an extension, the BADI Fee will be recalculated, and it must be paid in the subsequent month. It is worth noting that there will be no refund of the BADI Fee amount in case of contract reduction or cancellation.

4.4.- Method of payment.

All payments will be made through the payment gateway integrated with the Platform and will be charged to the Sublessee after BADI’s reservation approval, except for the initial reservation amount paid, which, upon approval of the request, will be held as a Security Deposit for the rental.

The entity responsible for the payment gateway, Stripe Payments Europe, Ltd (hereinafter, “Stripe”), is a third party unrelated to BADI. For any claims related to this gateway, please contact the following email address: info@stripe.com. The terms and conditions of the payment gateway can be found here.

BADI and Stripe will not be liable for any failure or delay in completing the payment of any amounts due to the following circumstances: (a) the Sublessee’s payment method does not have sufficient funds to complete the payment, or the charge of the amount is rejected by the issuing bank of the payment method; (b) Stripe’s payment processing services are not functioning correctly, and the Sublessee has been notified before executing the transaction; (c) the Sublessee’s equipment, software, or telecommunication services are not functioning correctly; (d) the Sublessee does not provide correct information about the payment method; and (e) significant events. BADI is not responsible for any charges that the Sublessee’s bank institution may impose on the payment method as a result of the Sublessee not having sufficient credit or funds in the payment method.

5.1.- In order to guarantee the fulfilment of all the obligations that this Contract imposes on the Parties, as well as the damages that could be caused, it is hereby recorded that the Sublessee has delivered to the Sublessor, at the time of request and formalisation of the reservation of the accommodation through the BADI Platform, an amount equivalent to one monthly payment, which will be constituted as “Deposit”, after the approval of the reservation request and after the execution of BADI’s internal verification procedure.

The responsibilities assumed by the Sublessee in this Agreement shall not be limited to the amount of the Deposit, and Sublessor reserves the right to claim any higher amount that may be due to the Sublessee under the terms of this Agreement.

5.2.- Upon termination of this Agreement, the Sublessor shall return to the Sublessee the amount paid by way of Security Deposit within thirty (30) working days thereafter, provided that the APARTMENT, STUDIO or ROOM and the PROPERTY are found to be in a good state of repair and unless the Sublessor has retained or forfeited the same because it has been applied by the Sublessor, in whole or in part, to the repayment of the Sublessee’s deposit. The Sublessee shall not be liable for any loss or damage, or for the fulfilment of any payment obligation, or for the existence of any obligation that the Sublessee must still meet, in accordance with the provisions of this Agreement.

In the event that, the APARTMENT, STUDIO, or ROOM is found in a deteriorated condition, the tenant is obligated to remunerate BADI for the complete replacement value of the damaged elements.

Under no circumstances shall the posting of the Deposit authorise the Sublessee to stop paying the rent and other amounts due or to comply with other obligations, nor shall it prevent the Sublessor from exercising any legal actions that may correspond to it.

5.3.- In the event that the amount deducted from the deposit equals or exceeds the amount of the Security Deposit, the Subtenant shall be obliged to increase the deposit, with the additional amount equivalent to 30% of the monthly rent.

5.4.- In the event of changing to an apartment where a higher monthly rent is required, the Subtenant shall pay the difference in the deposit until it reaches the equivalent of one month’s rent of the current contract. However, if the change results in a decrease in the monthly rent, no payment of the difference in the deposit shall be required.

6.1.- Supplies, services and consumptions.

The APARTMENT, STUDIO or ROOM is delivered, as an integral part of the PROPERTY, with its own water supply, electricity and telephone/internet connections.

Part of the Supplies are included in the rental price with limits established according to the following categories:

• For rooms or suites within a flat of three (3) or more rooms, the maximum covered amount shall be sixty (60) euros per room.
• For rooms within a flat of two (2) or more rooms, the maximum covered amount shall be seventy (70) euros per room.
• For apartments, the maximum covered amount shall be one hundred twenty-five (125) euros.

Should the utility expenses exceed the established limits, the Subtenant will receive a notification. Any amount exceeding these limits will be deducted from the security deposit.

The Sublessee shall be jointly responsible for the improper or disproportionate use of the services and supplies of the PROPERTY and, consequently, of the APARTMENT, STUDIO or ROOM, and therefore the excess cost that it generates shall also be borne by the Sublessee together with the rest of the occupants of the PROPERTY, in the proportional part attributable according to the proportions referred to above. The Sublessee is aware and accepts that, as a general rule, it will not be possible to obtain the individualization, given the absence of individualised measuring instruments for the respective rooms of the PROPERTY. Therefore, the Sublessee and the other occupants or sublessees shall bear in proportional parts the additional cost of the services and supplies of the PROPERTY.

In the event that such improper or excessive use is detected in the last month of the Contract, the Sublessor may deduct it from the amount of the deposit, and the remaining amount, if any, shall be returned to the Sublessee, in accordance with the provisions of section 5.2 of Stipulation Five.

The Sublessor shall not be liable for any interruptions that may occur in any of the services and supplies of the BUILDING (e.g. elevator, electricity, water, television, internet, etc.) when caused by reasons beyond its control, nor shall it be obliged to make or bear deductions of rent for the interruptions, provided that the Sublessor acts diligently in resolving the interruption of the service or supply.

Sublessee may not, in any event and under any circumstances, discharge, terminate or change any meter or supply to the PROPERTY. In the event of doing so, the Sublessor may, cumulatively (i) apply the amount of the deposit to its satisfaction and (ii) claim from the Sublessee the amounts incurred, plus the default interest agreed in the following section, to return the PROPERTY to its initial state of meters and supplies.

6.2.- Maintenance, conservation and repairs to be carried out by the Sublessee. 

The Sublessee shall maintain the APARTMENT, STUDIO or ROOM and the Shared Spaces of the PROPERTY in a state of adequate use and conservation during the entire term of the Agreement, and shall assume at its own expense, with full indemnity for the Sublessor, the cost of the works and maintenance, conservation, repair and, if necessary, replacement of the APARTMENT, STUDIO or ROOM and the PROPERTY.

This includes the repair of any damage, whether caused by the Sublessee’s misuse or by a visitor:

1. When it is damage to the APARTMENT, STUDIO or ROOM, and/or to the furnishings or fixtures inside.
2. When it is a damage that has occurred in the Shared Spaces, and/or on the furniture or fixtures that exist in the same. In this case the cost of repairs or replacements shall be proportionally charged by all the subtenants of the PROPERTY. When the authorship of the damage can be individualised, in such a case, the sublessees may repeat against the responsible Subtenant at a later date.

By way of example, the Sublessee shall be responsible for the cost of repair and/or replacement in case of breakage of doors, windows, locks; breakage or deterioration of crockery and utensils; deterioration or breakage of household appliances due to misuse, unblocking of drains due to improper use of the same, among others. The Sublessee shall also be responsible for the cost of the maintenance hours and travel costs (50€/hour).

The costs charged by the Sublessee may be anticipated by the Sublessor if the Sublessor receives notice from another Sublessee of the PROPERTY or neighbour of the BUILDING that such damage is causing damage to the rest of the PROPERTY and/or BUILDING. 

In this case, the Sublessor shall charge the Sublessee for the costs incurred in the repair or replacement, and the Sublessee shall be obliged to pay the amount within ten (10) days following the date of which the payment is claimed by the Sublessor.

6.3.- Maintenance, conservation and repair to be carried out by the Sublessor.

The Sublessor shall be responsible for the rest of the maintenance and repair of the APARTMENT, STUDIO or ROOM and the Shared Spaces, meaning those necessary to ensure their habitability.

In case there are structural or technical damages that interfere with the characteristics of the accommodation stipulated on the platform and these are validated by the maintenance team, the sublessor undertakes to relocate the sublessee to an accommodation of equal or superior category within the portfolio in the same city during the repair period. Only in the event that the sublessor is unable to offer a substitute stay of equal or superior characteristics, the sublessee will be allowed to cancel the contract without any penalty, provided that payment is up to date.

6.4.- Access.

The leased property is equipped with Akiles, a keyless entry system that operates digitally. Access to the premises is facilitated through pinpads with the option to use a designated code. However, it is imperative for the Tenant to be able to open doors using a mobile device. The Tenant bears the responsibility of ensuring they possess a compatible device for this purpose.

The mobile device must have an active internet connection and Bluetooth capabilities. Additionally, the Tenant must be able to download and install the Akiles app on their mobile device.

In the event that the Tenant does not have a suitable mobile device meeting the specified requirements, Badi shall not be held responsible for any associated costs incurred in providing assistance to the Tenant. This includes but is not limited to the provision of physical keys, transportation of equipment, maintenance services, and related expenses.

6.5.- Extra services

During the duration of the reservation, the client will have the option of requesting additional services offered by Badi under the denomination of “extra services”. The price of these services will be the one established in Badi’s catalog at the time of booking the service. It is important to bear in mind that the prices of the extra services may vary depending on the following factors:

• The length of the customer’s stay.
• The size and specific characteristics of the property.
• The availability of additional resources necessary for the provision of the requested service.

It is clarified that at no time will the contracting of extra services that are not explicitly offered by Badi be allowed. Furthermore, the contracting of cleaning services with external companies is prohibited, as well as any laundry service or other extras that involve the handling of objects or spaces belonging to Badi.

In case of non-compliance with this clause, Badi reserves the right to apply a penalty to the client’s deposit. The amount of this penalty will be determined by Badi and deducted from the deposit before it is returned to the client at the end of the reservation.

El inquilino tiene la opción de adquirir el seguro ‘Badi Cover’, que proporciona cobertura de hasta 1000 euros para pertenencias personales dentro de la habitación alquilada. Este seguro está disponible únicamente para el inquilino principal de la reserva, a menos que se adquiera un segundo seguro adicional por un costo extra. Para activar la cobertura, el inquilino debe seguir todas las instrucciones proporcionadas por el equipo de la empresa y presentar una denuncia policial en caso de robo o atraco dentro de la habitación, la cual cuenta con su propio sistema de cierre individual, o cualquier otro daño causado como resultado de algún incidente cubierto por esta póliza y de acuerdo con el resumen de coberturas.

Se consideran pertenencias del usuario de la habitación a las provisiones, objetos de uso personal, prendas de vestir y dispositivos electrónicos portátiles. Sin embargo, no se consideran parte del contenido asegurado los vehículos a motor que no requieran matriculación, incluyendo los vehículos de movilidad personal de estas características y los vehículos en reposo, así como las joyas, metales preciosos, perlas, piedras preciosas, monedas, lingotes de oro, objetos especiales y animales de cualquier tipo.

7.1.- The Sublessee shall bear the repairs and works of improvement whose execution cannot be deferred and those that affect the structural elements to be carried out in the PROPERTY. 

The said works must be notified in writing to the Sublessee in advance. In the event that such works lead to the ineffectiveness of the intended use [of the ROOM OR APARTMENT], the Sublessor undertakes to relocate the Sublessee to an accommodation of equal or superior category within the portfolio in the same city for the duration of the works. Only in the event that the Sublessor is unable to offer a substitute accommodation of equal or superior characteristics, the subtenant may terminate the contract without penalty, provided that he is up to date with payments, receiving the part of the rent that he has paid in advance, if any.

7.2.- Despite not being considered as work, the Sublessee is expressly prohibited from making holes or perforations in the walls and tiled spaces of the APARTMENT, STUDIO or ROOM or the SHARED SPACES of the PROPERTY, and the amount necessary to restore everything to its original state shall be deducted from the deposit in the event of non-compliance.

If at the end of this Agreement, for whatever reason, the Sublessor finds that the Sublessee has carried out any type of work or modification to the APARTMENT, STUDIO or ROOM and/or the PROPERTY, the Sublessor may require the Sublessee to restore it to its original state, and the Sublessee shall be responsible for the costs involved, or else deduct the amount equivalent to one month’s rent paid as a deposit.

In addition to all that provided for in the previous Stipulations, the Sublessee undertakes:

1. Not to keep or possess any animal, of any kind, in the APARTMENT, STUDIO or ROOM and/or PROPERTY. In case of having a pet in the property, the animal can only live in STUDIO or APARTMENT type accommodations and always under BADI’s pre-authorization and paying an extra fee of TWO HUNDRED AND FIFTY (250) euros per animal. In the event that the animal is considered unsuitable for the property, BADI reserves the right to cancel the reservation.
2. To strictly comply with the rules contained in the House Rules. 
3. To comply, at all times, with the statutory and regulatory rules of the Community of Owners to which the BUILDING belongs and with the uses and customs of good neighbourliness, avoiding causing disruption to neighbours and third parties, of which he/she declares that he/she has been sufficiently informed.
4. To comply with the Ordinances of civic and neighbourhood coexistence that are applicable in the municipality in which the PROPERTY is located, assuming any penalty that may be imposed on the Sublessor for breach of municipal regulations that is attributable individually to the Sublessee or to assume pro rata the penalty imposed for having breached collectively by several Sublessees.
5. Not to place on the facade, balconies, terraces, overhangs and/or windows of the ROOM and/or, if applicable, of the PROPERTY, advertisements, signs, banners, flags, symbols or any other similar element.
6. Not to possess, handle and/or store in the APARTMENT, STUDIO or ROOM or in any of the Shared Spaces, any kind of flammable, explosive, illicit, unhealthy, noxious, harmful or dangerous substance or material in any form.
7. To allow the entrance to the PROPERTY and, if applicable, to the APARTMENT, STUDIO or ROOM, to the Sublessor and to the workers sent to carry out the pertinent works or repairs, as well as to check the operation of its services and facilities of the PROPERTY. The Sublessee shall coordinate effectively, providing access at agreed-upon times and ensuring timely and efficient completion of repairs. This obligation encompasses general maintenance and any necessary interventions to uphold the overall condition and functionality of the subleased property. The Sublessee shall be liable for all damages that may be caused to the Sublessor, the legitimate owner of the PROPERTY or third parties, as the case may be, for the breach of this obligation.
8. To allow the Sublessor to install a noise control system, complying in any case with the legislation on data protection, in case the Sublessor has received complaints from the neighbours of the BUILDING in relation to the noise produced in the APARTMENT, STUDIO or ROOM or in the PROPERTY.
9. The Sublessee cannot install any type of antennas, satellite dishes, repeaters, internet, etc., as well as refrigeration devices in the SHARED SPACES of the BUILDING, unless expressly authorized in writing by the Sublessor.
   
10. In addition, the Sublessee agrees to respect BADI personnel at all times, showing consideration and cooperation during any interaction or management related to the lease and operation of the subleased property.

Failure to comply with the obligations set forth in this Stipulation shall be cause for termination of this Agreement, and the Sublessee shall be responsible for the costs of restoring the Sublessee’s property to its original condition.

9.1.- Assignment and sublease. 

The Sublessee may not under any circumstances sublet or otherwise assign the use, in whole or in part, of the APARTMENT, STUDIO or ROOM or any of the Shared Spaces of the PROPERTY, nor assign this Agreement or the rights and obligations arising, under any title or circumstance, in favor of any third party. All legal responsibilities arising from such activity shall fall upon the sublessee.

9.2.- Right of first refusal.

To the extent necessary, the Sublessee waives any right of first refusal that may correspond to it on the APARTMENT, STUDIO or ROOM and on the PROPERTY.

10.1.- The breach by any of the Parties of the obligations resulting from the Contract shall entitle the party that has fulfilled its obligations to demand the fulfilment of the obligation and/or to promote the termination of the Contract in accordance with the provisions of article 1.124 of the Civil Code.

10.2.- The Sublessor may terminate the Contract, in addition to any other causes already indicated as well as those legally, derived from the actions of the Sublessee:

1. When they receive a total of two warning or one serious warning , by BADI, by other subtenants or neighbours of the BUILDING, for breaking any of the House Rules or by the receipt of any notification by the Town Hall or local Police from which it is derived the realization of noise or contravention of the Ordinances applicable to neighbourhood relations.
2. For non-payment of the rent, or of the amounts assimilated or analogous to the same, in the Terms and Conditions agreed in the Contract. (see 4.1 of this agreement).
3. For non-compliance with the Internal Regulations and/or the BUILDING Bylaws, and/or the Code of Conduct.
4. For using the APARTMENT, STUDIO or ROOM for a use other than that agreed upon and/or for carrying out annoying, unhealthy, noxious, harmful, dangerous or illegal activities in the APARTMENT, STUDIO or ROOM.
5. For the production of damages as a consequence of the performance of works or work prohibited or not consented to by the Sublessor, in the ROOM and/or in the PROPERTY.
6. For the assignment or subletting of the ROOM or the PROPERTY.

If any of the mentioned obligations are not met, BADI reserves the right to terminate the contract immediately that would entail revoking access to the tenant. BADI also reserves the right to set appropriate timelines for correcting the violation of terms and conditions or for initiating the eviction process. In case of non-compliance, the Sublessor has the right to take possession of the security deposit after notifying the Sublessee, provided that the breach is not rectified within the timeframe established by BADI.

10.3.- The Sublessee must vacate the APARTMENT, STUDIO or ROOM and the PROPERTY within a maximum period of twenty-four (24) hours following the date on which they have been notified of the resolution, and shall be obliged to pay the rent and similar or analogous amounts until the complete vacating and restitution of the APARTMENT, STUDIO or ROOM and the PROPERTY in the state determined by the Sublessor. The Sublessee shall be responsible for the full cost of the eviction expenses incurred by the Sublessor in the event of resolution or termination of the Agreement, for any reason whatsoever, and failure of the Sublessee to vacate.

Any dispute or controversy that may arise in relation to or in connection with this Agreement shall be subject to the Jurisdiction of the Courts and Tribunals of the municipality in which the PROPERTY and the APARTMENT, STUDIO or ROOM is located.

In compliance with the General Data Protection Regulation 2016/679 of 27 April 2016 and the Organic Law 3/2018 on Personal Data Protection, the parties will process the personal data that may exist in this Contract. The purpose of the processing is the maintenance of the contractual relationship by each of the Parties. The basis of the processing is the maintenance of the contractual relationship. 

The Parties may exercise their rights of access, rectification, cancellation, opposition, limitation of processing, or portability, before the other party through written communication to the registered office listed at the beginning of this document, providing a photocopy of your ID card or equivalent document and identifying the right requested.

Likewise, the Parties may file a complaint with the Spanish data protection authority in the event that they consider that the current legal provisions on data protection have been violated.

More information in our Privacy Policy.

13.1.- Extension or modification of the Agreement. 

Any extension or modification of this Agreement shall be recorded in writing in a supplementary email.

13.2.- Nullity or partial invalidity of this Agreement. 

If any of the provisions of this Agreement should be declared null and void or become ineffective, this shall not affect the validity or effectiveness of the Agreement itself or of the remaining provisions of the same, provided that the agreement could subsist without the provisions declared null and void, and the Parties shall be obliged to replace the provision in question with another valid and effective provision that comes as close as possible to the economic sense and purpose of the invalid or ineffective provision.

For the purpose of notifications, the Parties agree that these may be made by electronic means, provided that the authenticity of the communication and its content is guaranteed.

– For the Sublessor: to the e-mail address provided during the reservation request on the BADI Platform.

– For the Sublessee: support@badiapp.zendesk.com

The Sublessee agrees to comply with the general house rules found in the following link:
https://badiapp.zendesk.com/hc/en-gb/sections/11511045070876-House-Rules.