DEFINITIONS

“BADI Systems” refers to any web pages, applications or other platforms and/or means of access and ownership of BADI.

“BADI Content” includes all material that BADI shares through its systems and any content that is property of BADI or third parties found in said systems.

“Content” refers to all text, graphics, photographs, images, music, software, audio, video, information or other materials that are of a reproducible nature.

“User” is any person who uses BADI Systems.

“Seeker” is any person who requests a reservation of lease or sublease (in either case, “lease” will be used) through BADI Systems, of any room in a property where they are not the tenant, lessee, landlord or owner.

“Lister” refers to anyone who publishes a Listing of a room lease offer on BADI that can be fulfilled by means of booking by a potential tenant. Listers can be physical persons or legal entities, as well as any other entity that is the property owner, or is in possession of a title that allows them to rent on behalf of the owner or on behalf of a third-party, any accommodation intended for rental of more than one month.

“Listing” refers to any room published by the Lister with the purpose of being available to rent by potential tenants using the System.

“Room” refers to the room on offer that the Lister publishes using BADI Systems that is available for a Seeker to book.

“Rental Contract” refers to the private rental contract signed by the Lister (acting as lessor) and by the Seeker (as lessee), in which BADI has no part.

“Start Date” the date on which the Seeker indicates, upon confirming the reservation, that they will move into the Room.

“End Date” is the date on which the Seeker indicates, upon confirming the reservation, that they will move out of the Room.

“Deposit” is the amount paid by the Seeker to the Lister at the time the Booking is made, and whose aim is to ensure the operation goes smoothly for both parties. The Deposit can then be used as the first month’s rent or it can serve as the up-front deposit or guarantee of payment for the room.

The Deposit is not required to be the total amount of the first month’s rent, rather, it can be between 25% and 200% of the first month’s rent.

“Booking Request” is a proposal sent by the Lister to the Seeker to finalise the booking of the Room. This Proposal is made through the use of the spaces and processes arranged for this purpose within BADI Systems. The Booking Proposal contains the Start Date, End Date and the rent amount.

CONTRACTING PARTIES

These Terms of Service regulate the relationship between the Lister and the Seeker with regards to the functioning of Room bookings, notwithstanding the conditions agreed upon by the parties in the compulsory Rental Contract. The Lister as well as the Seeker agree that they are fully capable of renting and that they have read and understood this Contract, and they fully accept the conditions.

  • FORMALISING BOOKINGS

Users—Lister as well as Seeker—must sign up and obtain a User Account, subject to BADI’s Terms of Use [link], and enter a billing address and valid payment information.

Users must be of legal age. Once the booking is formally requested and accepted, BADI will confirm the details of the Booking with the Seeker, via email or another form of communication. In addition, this information will appear in the corresponding section within the User Account.

The Lister, upon posting the Room that they would like to rent out, must complete the information requested by BADI through its Systems.

Subsequently, BADI will send a Booking Proposal to the Seeker, who will have 24 hours to accept or decline the Booking.  If, after 24 hours, BADI has not received a response from the Seeker, BADI will consider the Booking Proposal expired.

BADI will provide detailed information about Fee amounts, in the case that the Seeker accepts the Booking using the available payment methods.

Once this information is completed, both the Seeker and the Lister will receive an automatically-generated email containing a summary of their booking, complete with an individual reference number.

In the case that the booking confirmation message sent by BADI contains an error or the User is for any reason not compliant with the information, the User should proceed by informing BADI of the reasons they believe there to be an error.

SERVICE AGREEMENT FOR STRIPE

Payment processing services for BADI APP are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate on BADI APP, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of BADI APP enabling payment processing services through Stripe, you agree to provide BADI APP accurate and complete information about you and your business, and you authorize BADI APP to share it and transaction information related to your use of the payment processing services provided by Stripe.

PRICES AND TAXES

The price of the Room is determined freely by the Lister, who can modify it at their convenience prior to accepting any booking.

Notwithstanding, the Deposit paid upon booking must be between 25% and 200% of the monthly rental sum stipulated in the Listing of the Room. Once the Seeker accepts a booking correctly, and the Lister confirms it, the price determined by the Lister—both of the booking and monthly rental sum—cannot be modified.

The quantity paid to the Lister by the Seeker will be subject to the provisions of the existing Regulation no. 439/2007, of 30th March, approving the Regulations for Personal Income Tax.

  • BEST PRACTICE

After the Seeker accepts the booking and BADI has sent the booking confirmation to both the Seeker and the Lister, including the contact information of both parties, it is the responsibility of the Lister to provide any additional instructions to the Seeker about their move into the Room.

The Lister must guarantee that the Room booked by the Seeker is in reasonable conditions with regard to its liveability, and the characteristics of the Room must be those that were published in the Listing of the Room, as well as the terms related to the price.

Compliance Violations

Within a period of 24 hours from the Start Date (move-in), the Seeker can inform BADI about any aspect of the Room that they consider a Compliance Violation, as well as notify BADI about any aspects of the room that are not truthfully explained or represented on the Listing, by sending an email to info@badiapp.com, including the Booking ID number and attaching required visual evidence (photos and/or videos). Once the BADI team has received the email, at their own discretion, they will verify and evaluate the situation.

Compliance Violations include any aspect of the Room that would make it uninhabitable, a health risk, and/or any substantial modifications that differ from the description in the Listing.

In the case that, after revision by the BADI team, a Compliance Violation is found, all fees associated with the Booking will be refunded.

In the case that, after revision by the BADI team, no Compliance Violation is found, and the Seeker cancels the Booking without justification (at BADI’s discretion), the Seeker will lose the Deposit and its corresponding VAT tax.

Cancellation by the Lister without justification

In the case of any booking that has already been accepted by the Seeker, for which they and the Lister have already signed a Rental Contract in any form, the effective cancellation policy will be that which is outlined in the the aforementioned contract, over which BADI has no jurisdiction.

If the Lister cancels the reservation before the Start Date or before the Lister and the Seeker sign a Rental Contract, the Seeker will receive a full (100%) refund of the amount paid upon Booking.

Cancellation by the Seeker without justification

In the case that the reservation has been accepted by the Seeker, and the Lister and Seeker have signed a Rental Contract in any form, the cancellation policy will be that which is outlined in the the aforementioned agreement, over which BADI has no jurisdiction.

If the Seeker cancels the reservation:

  • 11 or more days before the Start Date, 100% of the Deposit will be refunded.
  • From 10 and 6 days before the Start Date, the Seeker will be required to give the Lister a quantity equivalent to 50% of the Deposit.
  • Less than 5 days before the Start Date, the Lister will claim the equivalent of 100% of the Deposit.
  • SUPPLEMENTARY REGULATIONS

BADI does not form part of the rental contract. This contract will be signed only by the Seeker and the Lister, therefore, BADI is exempt from any responsibility (legal or otherwise), should any type of conflict, disagreement or grievance arise. Any circumstance derived from the aforementioned Rental Contract should be solved between the Seeker and the Lister. Furthermore, BADI will not take part in negotiations concerning any deposit claims made by the Lister, reflected in the Rental Contract or in any other type of agreement, nor will BADI act as an intermediary in any way in any dispute that arises as a consequence of said agreement.

BADI recommends that both the Seeker and the Lister read carefully the rental contract, or any other agreement set forth by both parties, as it will be the document that governs the relationship between them.

The services offered by BADI are considered finalised upon the confirmation of any booking.

These Terms of Service are supplemented by the Terms of Use and BADI’s Privacy Policy.

In the case of conflict or contradiction between the information in the Terms of Service and the terms established in the Rental Contract, the terms of the latter shall prevail over the Terms of Service.

  • CONFLICT RESOLUTION AND MEDIATION

Generally speaking, the right to withdrawal is not applicable to transactions carried out using the BADI application (Art. 16 EU Directive 2011/83), except in cases in which the law expressly allows it.  In this case, this right shall be invoked directly by the Seeker against the Lister, and BADI may not be found not responsible for any non-compliance by the Lister.

Notwithstanding the aforementioned, BADI customer service will act as an intermediary between the two parties in any situation in which the Listing does not comply with the description provided by the Lister.

To use this service, the Seeker must contact BADI by writing to info@badiapp.com within 24 hours of the start date outlined in the Booking made using BADI systems.

BADI will not accept any petitions made outside the period of 24 hours from the Start Date.  Once the petition has been received, it will be evaluated internally by BADI and, if applicable, BADI will process the refund of fees to the Seeker and will cancel the reservation.

BADI will only refund the fees provided that the conflict has been evaluated by the channel offered by BADI for conflict mediation. To use this service, all the transaction history must be made through the chat function on the BADI application.

APPLICABLE LAW AND JURISDICTION  

The applicable laws in the case of dispute or conflict in the interpretation of the terms that make up the Terms of Service will be those of the Kingdom of Spain, unless consumer and user protection rules establish the applicability of a different legislation.

For the resolution of any conflict that may arise from acquiring products or services through this website, BADI and the User agree to be subject to the exclusive jurisdiction of the Courts and Laws in the municipality of residence of the User, provided that the residence is located in Spanish territory, or any other legal codes whose applicability is enforced by consumer and user protection rules.