Terms of Service
Effective Date: [DATE]
Last Updated: [DATE]
These Terms of Service (“Terms”) govern your access to and use of the website, platform, applications, and related services made available by [LEGAL COMPANY NAME], operating the platform currently referred to as RentApartments / rentapartments.com (the “Platform,” “we,” “us,” or “our”).
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.
1. About the Platform
The Platform is an online marketplace for short-term residential stays within the European Union and other territories where the Platform may operate from time to time.
The Platform enables:
- eligible hosts to create and publish listings for short-term accommodation; and
- eligible guests to search, request, book, and pay for those accommodations.
The Platform is intended for short-term stays only. Hosts may set the minimum and maximum stay length for their Listings, subject to Platform rules and applicable law. Unless otherwise specified by the Host, the default maximum stay length is 31 nights. No stay may exceed 90 consecutive nights unless expressly permitted by the Platform.
The Platform is designed only for the listing and booking of eligible short-term residential accommodations during the MVP stage. The Platform does not currently offer additional non-accommodation services as a core part of the MVP, such as transport, concierge, tours, or similar ancillary services.
2. The Platform’s Role
The Platform acts solely as an online intermediary and technology service connecting Hosts and Guests.
Unless expressly stated otherwise:
- the Platform is not the owner, landlord, hotel, property manager, travel agency, tour operator, or accommodation provider of any Listing;
- the Platform does not own, control, manage, supply, or physically operate the listed properties;
- the Platform is not a party to the accommodation agreement, stay agreement, rental arrangement, or other contract entered into between a Host and a Guest.
Any booking or stay agreement is formed directly between the Host and the Guest, and each such party is solely responsible for its own legal obligations, conduct, representations, and compliance with applicable law.
3. Eligibility
To use the Platform as a Guest or Host, you must:
- be at least 18 years old;
- have legal capacity to enter into binding agreements;
- comply with these Terms and applicable law;
- complete any verification steps required by the Platform.
Guests may book stays for themselves and, where allowed, for accompanying persons for whom they accept responsibility.
Hosts may be:
- natural persons aged 18 or older; or
- legal entities, property owners, landlords, managers, or other authorized persons,
provided that they have the legal right to publish and offer the accommodation for short-term stay in accordance with applicable law.
4. Accounts and Registration
You may need to create an account to access certain features of the Platform.
You agree to:
- provide accurate, current, and complete information;
- keep your information updated;
- maintain the confidentiality of your login credentials;
- be responsible for all activities occurring under your account.
The Platform may suspend, restrict, or terminate access to any account if the information provided is inaccurate, incomplete, misleading, unverifiable, or inconsistent with Platform rules or legal requirements.
5. Host Eligibility and Host Responsibilities
By creating or maintaining a Listing, a Host represents and warrants that:
- the Host has the full legal right and authority to list and offer the property;
- the Listing complies with applicable law, including short-term rental laws, licensing rules, registration rules, zoning rules, tax rules, lease rules, association rules, hotel or hostel operating rules where applicable, and other legal or contractual restrictions;
- all information in the Listing is accurate, lawful, current, and not misleading;
- the Host has disclosed all material conditions and restrictions relevant to the stay.
Hosts may list only eligible accommodations, including:
- apartments,
- flats,
- homes,
- rooms,
- studios,
- villas,
- lofts,
- townhouses,
- guest houses,
- hotels,
- hostels,
- and similar short-term stay accommodations,
provided that the Host has the legal right and all required permissions, registrations, licenses, and approvals to publish and offer such accommodation on the Platform.
The following are not permitted unless expressly allowed by the Platform and lawful under applicable law:
- illegal properties;
- properties offered without the legal right to do so;
- non-accommodation commercial premises not intended or permitted for short-term stays;
- properties whose listing would violate law, contractual restrictions, or third-party rights.
Hosts are solely responsible for:
- the condition, safety, lawfulness, and suitability of the property;
- the accuracy of Listing content;
- check-in, occupancy, and stay-related instructions;
- compliance with local law and tax obligations;
- their interactions with Guests.
6. Guest Responsibilities
Guests agree to:
- review the Listing carefully before booking;
- comply with the Host’s Listing terms, house rules, and Platform rules;
- provide accurate information when booking;
- use the property lawfully and responsibly;
- ensure that accompanying persons also comply with these Terms, the Listing terms, and applicable law.
Guests may not:
- use a property for unlawful purposes;
- exceed stated occupancy limits;
- cause damage beyond reasonable wear and tear;
- violate house rules;
- engage in fraud, abuse, or harmful conduct;
- use the Platform or a stay in a way that endangers others or violates law.
7. Booking Types
The Platform supports both:
- Instant Booking; and
- Request to Book.
The booking type applicable to a Listing is determined by the Listing settings, Platform rules, and, where relevant, by the Platform’s own decisions.
A booking becomes binding when it is confirmed through the Platform in accordance with the applicable booking flow.
8. Payments and Payment Processing
During the MVP stage, the Platform supports online payments through Stripe as a third-party payment service provider.
Payments for bookings are processed through the Platform using Stripe and may be subject to:
- Stripe’s own terms and payment rules;
- verification requirements;
- fraud prevention measures;
- chargeback procedures; and
- applicable law.
The current Host commission is 0%. The current Guest service fee is 20%, unless expressly stated otherwise for specific features, services, or limited test scenarios.
Where a booking is refunded under the Platform cancellation rules, the Guest service fee is refunded in the same proportion as the accommodation price. The Guest service fee does not reduce the Host accommodation payout.
The Platform may introduce Platform fees, service fees, commissions, or other charges in the future. If it does so, users will be notified in advance in accordance with Platform rules and applicable law.
9. Host Payouts
Where payout functionality is enabled, Host payouts may be subject to:
- successful payment collection;
- verification completion;
- Stripe or other payment-provider requirements;
- dispute status;
- cancellation outcomes;
- fraud review;
- legal compliance; and
- Platform rules.
The Platform may delay, hold, adjust, offset, reverse, or restrict payouts where reasonably necessary to address:
- refunds;
- chargebacks;
- fraud concerns;
- incomplete verification;
- disputes;
- damage claims;
- legal obligations; or
- other legitimate operational or compliance reasons.
10. Damage, Damage Reports, and Recovery
The Platform does not necessarily apply a universal security deposit or damage deposit to all bookings during the MVP stage.
If damage occurs, the Host may submit a damage report through the Platform. In connection with such a report, the Platform may:
- request supporting evidence, including photos, videos, receipts, invoices, estimates, communications, or other proof;
- open a dispute process;
- request explanations from the Guest;
- review available information; and
- where justified and permitted under applicable law, Platform rules, and payment-provider rules, facilitate recovery of the relevant amount from the Guest through Stripe or another integrated payment service.
The Platform may participate in such processes, but is not obligated to act as a court, insurer, arbitrator, or guarantor.
11. Cancellations
Each Listing may have its own cancellation policy, as determined by the Host within the settings, rules, and limits made available by the Platform and applicable law.
Hosts may cancel confirmed bookings where permitted by:
- the applicable cancellation terms;
- Platform rules;
- the specific booking circumstances; or
- applicable law.
If a Host cancels after a stay has already started, financial settlement may be handled proportionally to the actually used portion of the stay. In such cases, the Host may receive payment for the nights actually stayed, and the Guest may receive a refund for the unused accommodation portion and corresponding Guest service fee portion, subject to:
- Platform rules;
- the booking terms;
- payment-provider rules;
- possible deductions; and
- applicable law.
12. Platform-Initiated Cancellations
The Platform may cancel a booking before or during a stay where reasonably necessary, including in cases involving:
- suspected fraud;
- violation of these Terms;
- violation of Platform rules;
- payment issues;
- safety concerns;
- inaccurate or misleading Listings;
- failure of verification;
- legal non-compliance;
- force majeure;
- disputes;
- impossibility of performance; or
- the protection of the Platform, Hosts, Guests, or third parties.
In such cases, refunds, deductions, recalculations, and other payment outcomes will be handled in accordance with Platform rules, booking terms, Stripe or other payment-provider rules, and applicable law.
If the Guest is entitled to a full refund because the Host or Platform cancels, the refund includes the full accommodation price and the full RentalX Guest service fee, limited to amounts actually paid.
13. Refunds and Disputes
The Platform may, but is not obligated to, assist with disputes between Hosts and Guests, including disputes relating to:
- cancellations;
- property damage;
- refunds;
- inaccurate Listings;
- stay-rule violations;
- payment issues; and
- other matters arising out of a booking or stay.
The Platform may request documents, messages, photos, videos, receipts, confirmations, or other evidence, and may take measures it considers reasonably necessary, including:
- payout holds;
- partial refunds;
- full refunds;
- recalculation of amounts;
- opening a dispute workflow;
- restricting an account;
- restricting a Listing; or
- other reasonable actions.
The Platform may make interim or final operational decisions for Platform purposes, but does not guarantee any specific dispute outcome.
14. Host Verification
Hosts are subject to verification to the extent required by the Platform, Stripe, and/or other integrated payment, compliance, or verification providers.
Such verification may include, without limitation:
- identity verification;
- contact verification;
- payment information verification;
- verification of rights to list the property;
- onboarding checks;
- compliance checks; and
- any other information or documents required for listing publication, payment acceptance, payout eligibility, legal compliance, or Platform integrity.
The Platform may refuse publication of a Listing or deny access to payouts if Host verification is incomplete, unsuccessful, or unsatisfactory.
15. Guest Verification
Guests may also be required to complete verification as required by the Platform, Stripe, and/or other integrated payment, compliance, or verification providers.
Such verification may include:
- email verification;
- phone verification;
- identity verification;
- age verification;
- payment method verification; or
- any other information reasonably required to confirm legal eligibility, adulthood, booking safety, fraud prevention, payment processing, or compliance.
The Platform may restrict or deny booking access where Guest verification is incomplete or unsatisfactory.
16. Off-Platform Deal Restrictions
Hosts and Guests may not circumvent the Platform by moving bookings, payments, or related transactional activity off-platform for the purpose of avoiding:
- Platform rules;
- payment flows;
- fees;
- verification;
- safety measures;
- dispute processes; or
- other Platform functionality.
Unless expressly permitted by the Platform, users may not use the Platform to identify each other and then complete the same or substantially related transaction outside the Platform.
17. Additional Fees
Hosts may not require undisclosed or unauthorized additional fees at check-in or during the stay.
Any mandatory fee, charge, or payment must be clearly disclosed in the Listing and/or during the booking flow and agreed by the Guest before booking, in accordance with Platform rules and applicable law.
18. Reviews and Feedback
The Platform may allow Hosts and Guests to leave reviews, ratings, and other forms of feedback following a booking, stay, or interaction.
Reviews and feedback must:
- reflect genuine experience;
- be honest and lawful;
- be relevant to the booking or interaction; and
- comply with Platform rules and applicable law.
The Platform may moderate, hide, limit, or remove reviews, ratings, or related content where it considers this reasonably necessary under Platform rules, legal obligations, safety considerations, or content-moderation standards.
19. Listing Content, AI Content, and Content Responsibility
Hosts are responsible for the content they upload or provide in connection with their Listings, including titles, descriptions, rules, amenities, pricing, and photos.
The Platform and/or Hosts may use AI-generated or AI-assisted descriptions, translations, recommendations, summaries, or related text for Listings and associated materials. However:
- the Host remains responsible for the accuracy, legality, currency, and non-misleading nature of Listing information;
- the Platform does not guarantee that AI-generated or AI-assisted content is error-free or fully accurate; and
- the Platform may edit, limit, remove, or refuse such content in accordance with its rules.
20. Platform Editing and Translation Rights
The Platform may edit and translate Listing content, including titles, descriptions, house rules, amenity labels, and related materials, for purposes such as:
- display;
- localization;
- standardization;
- moderation;
- improving user experience; and
- operation of the Platform.
The Platform is not required to perform such editing or translation and does not guarantee the absolute accuracy of translated or edited content.
The Host remains responsible for the original Listing content.
21. Prohibited Conduct
Users may not:
- violate applicable law;
- provide false or misleading information;
- infringe third-party rights;
- commit fraud or attempted fraud;
- evade verification;
- circumvent the Platform;
- misuse payment systems;
- submit false claims or false damage reports;
- interfere with the Platform’s operation;
- access or use the Platform in abusive, harmful, or unauthorized ways;
- upload illegal or infringing content; or
- use the Platform in a way that threatens safety, trust, or integrity.
22. Account, Listing, and Content Enforcement
The Platform may temporarily or permanently restrict, suspend, hide, deactivate, or remove:
- accounts;
- Listings;
- content;
- features;
- services;
- payment access;
- payout access; or
- other Platform functionality,
where reasonably necessary in connection with:
- suspected fraud;
- Terms violations;
- rule violations;
- complaints;
- inaccurate information;
- safety concerns;
- legal compliance;
- rights violations;
- failed verification;
- payment issues; or
- other circumstances that may put the Platform, users, or third parties at risk.
23. Intellectual Property and Platform Rights
All rights in and to the Platform, including its software, design, branding, structure, and non-user-generated content, remain the property of the Platform and/or its licensors.
By uploading content to the Platform, users grant the Platform a non-exclusive, worldwide, royalty-free right to host, store, reproduce, display, adapt, translate, format, edit, and distribute such content to the extent necessary to operate, promote, moderate, localize, improve, and legally maintain the Platform.
24. Privacy
The Platform’s processing of personal data is governed by its Privacy Policy, which should be read together with these Terms.
By using the Platform, you acknowledge that personal data may be processed for:
- account management;
- booking operations;
- payment processing;
- fraud prevention;
- verification;
- trust and safety;
- legal compliance;
- customer support; and
- Platform improvement.
25. No Guarantee and Disclaimers
To the maximum extent permitted by law:
- the Platform is provided on an “as is” and “as available” basis;
- the Platform does not guarantee uninterrupted, secure, or error-free operation;
- the Platform does not guarantee the availability, quality, legality, safety, suitability, or condition of any Listing;
- the Platform does not guarantee that Hosts or Guests will perform their obligations; and
- the Platform does not guarantee that AI-generated content, translations, or edited content will be accurate or complete.
Nothing in these Terms excludes rights or protections that cannot be excluded under mandatory law.
26. Limitation of Liability
To the maximum extent permitted by law, the Platform, its affiliates, officers, directors, employees, contractors, and agents are not liable for:
- indirect, incidental, special, consequential, or punitive damages;
- loss of profits, revenue, data, reputation, goodwill, or opportunity;
- acts or omissions of Hosts, Guests, or third parties;
- damage, injury, delay, cancellation, inaccessibility, or legal non-compliance relating to a Listing or stay; or
- content uploaded by users.
Nothing in these Terms limits liability where such limitation is prohibited by applicable law, including in cases of intentional misconduct, fraud, or other non-excludable liability.
27. Indemnity
To the extent permitted by law, you agree to indemnify and hold harmless the Platform and its affiliates, officers, directors, employees, contractors, and agents against claims, liabilities, damages, losses, and expenses arising out of or related to:
- your use of the Platform;
- your breach of these Terms;
- your Listing or stay;
- your violation of law;
- your violation of third-party rights; or
- your conduct as a Host or Guest.
28. Consumer Rights and Local Law
Nothing in these Terms is intended to exclude or limit mandatory consumer rights or other non-waivable rights under applicable law.
Hosts are solely responsible for understanding and complying with the laws applicable to their Listings and hosting activity, including local registration, permit, tax, and rental restrictions.
Where a booking concerns accommodation for a specific date or period, statutory withdrawal rights may be limited or unavailable to the extent permitted by applicable consumer law.
29. Changes to the Platform and Terms
The Platform may modify, update, suspend, or discontinue parts of the Platform at any time.
We may amend these Terms from time to time. If we make material changes, we may provide notice by updating the Terms on the Platform, updating the “Last Updated” date, sending email notice where appropriate, or using other reasonable means.
Continued use of the Platform after updated Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by law.
30. Termination
You may stop using the Platform at any time.
The Platform may suspend or terminate access to the Platform or any part of it where reasonably necessary for legal compliance, safety, fraud prevention, enforcement of these Terms, failed verification, or Platform integrity.
Provisions that by their nature should survive termination will survive, including provisions relating to payment issues, liability, disputes, indemnity, intellectual property, and governing law.
31. Dispute Resolution and Arbitration
In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any booking or stay, users agree to first attempt to resolve the matter through informal negotiation.
If the dispute cannot be resolved informally, the parties may proceed to mediation or, where legally permitted, binding arbitration instead of court litigation.
To the extent permitted by applicable law, users agree to waive the right to participate in class actions or collective proceedings.
For users within the European Union, access to the EU Online Dispute Resolution (ODR) platform may be available for resolving disputes.
32. Governing Law and Jurisdiction
These Terms are governed by the laws of [COUNTRY], without regard to conflict-of-law rules, except to the extent mandatory consumer protection law provides otherwise.
If you are a consumer, mandatory rights under the law of your country of residence may still apply where required by applicable law.
Any disputes arising out of or in connection with these Terms shall be subject to the competent courts of [CITY, COUNTRY], unless mandatory law requires otherwise.
33. Language
These Terms are made available in English. The Platform may provide translations into other languages for convenience. Unless otherwise required by applicable law, the English version may prevail in the event of inconsistency between language versions.
34. Contact Information
[LEGAL COMPANY NAME]
[FORM OF COMPANY: UG (haftungsbeschränkt)]
[REGISTERED ADDRESS]
[CITY, COUNTRY]
[LEGAL / SUPPORT EMAIL]
[WEBSITE: rentapartments.com]