Terms of Service
These Terms and Conditions are an integral part of the Sublease Agreement between ARCA PROPERTIES S.à r.l., established and having its registered office at L-1238 Luxembourg, 7 Bisserweg, and registered in the Luxembourg trade and companies register under No B236623 (herein referred to the “Sublessor”) and the client renting the property from the Sublessor (herein referred to the “Sublessee”). Please read these Terms and Conditions carefully, as they contain important information about your legal rights, remedies and obligations. By paying the rental fee of the Sublessor, the Sublessee is accepting the terms set forth in this agreement.
The Sublessee's use of the Unit during the Term will, at all times, be in accordance with this Agreement. Sublessee acknowledges that the Sublessor may be the owner of some or all of the furniture and furnishings within the Unit, but that the Unit and the building in which the Unit is situated (the “Building”) are owned by a third party (“Owner”).
All Fees will be paid by credit card or electronic transfer. The Sublessee acknowledges and agrees that the Sublessor will sustain costs and damages as a result of a bank transfer that is not honored by the bank on which it is drawn.
The Sublessor may request a Deposit and hold it during the Term as security for the Sublessee's performance of the obligations under the Agreement. At the conclusion of the Sublessee's occupancy of the Unit, the Sublessor may, but will have no obligation to, retain and use the Deposit as allowed by applicable law including, to the extent permitted by law, for purposes of (i) repairing damages to the Unit or to its furnishings or fixtures (including replacement), normal wear and tear excepted, and (ii) covering any other amounts that is owed by the Sublessee due to his misusage of the Unit. The Sublessor is not limited to the Deposit to recoup damages and costs, and the Sublessee remains liable for any amounts not covered by the Deposit. No portion of the Deposit may be applied by the Sublessee toward any Fees, including the last month’s Rental Fee. The Sublessor shall refund to the Sublessee any balance of the Deposit after making such deductions within four (4) weeks or sooner as required by law.
5. Cancellation Policy
5.1 The Sublessee may cancel the Reservation prior to the check-in date by written notice to the Sublessor, such notice to be delivered by email to the address set forth in the Section titled “Notices” below. Cancellation of the Reservation by the Sublessee will terminate this Agreement. No cancellation will be deemed to be effective unless and until the Sublessor sends a written return confirmation of its receipt of such cancellation. The Sublessor will refund 100% of the fees paid by Sublessee if Sublessee cancels the Reservation at least 14 days prior to the check-in Date. If a Sublessee cancels the Reservation less than 14 days prior to the check-in date, no refunds apply.
5.2 We make every effort to process eligible refunds quickly. We will process refunds up to 30 days after either being notified of your intent to cancel, or post check-out for early terminations, or sooner as required by law.
6. Early Termination by Client
Sublessee may terminate the Term upon 45 days’ advance written notice to the Sublessor. In the event of such early termination, the rent will be re-adjusted for the whole duration of his stay in accordance with the actual period of stay in the property.
7. Term Extensions
In the event that the Sublessee wishes to extend the contract, he/she needs to notify the Sublessor, in writing, at least thirty (30) days before the noted contract expiration date. The request will be granted subject to availability and the sublease rate will be redefined accordingly. The extension shall be considered valid only if the Sublessee has processed the payment of the extension amount. The contract is valid up to the end of the specified period after which it is considered null and void.
8. Use and Occupancy of the Unit
The Unit shall be used as a private, single family dwelling for residential purposes only and for no other reason. The Unit shall not be utilised for purposes of carrying on any business, profession or trade. Sublessee shall not place or store any personal property outside of the Unit, and any unauthorised property so placed or stored is subject to removal and disposal by the Sublessor or by the Owner without prior notice. During the Term, the Unit will only be occupied by the Sublessee and other authorised individuals listed on the Confirmation, such as partners, spouses, and/or children (“Authorised Occupants”). All rules, limitations, prohibitions or restrictions imposed upon Sublessee in this Agreement shall also be deemed to apply to Authorised Occupants, regardless of whether or not Authorised Occupants are specifically referenced in the applicable provision. Occupancy of any part of the Unit by any person other than Sublessee or Authorised Occupants, including third-party Sublessees or visitors, for a period of ten (10) or more consecutive days or for more than a total of fifteen (15) days in any sixty (60) day period shall require the Sublessor's advance written permission. In no event may the number of occupants of the Unit exceed more than two (2) per bedroom at any given time. Sublessee shall not commit, nor permit, any waste or nuisance upon, in or about the Unit or the Building. Sublessee shall not take any action, nor permit any action, that interferes with the comfort, safety of enjoyment of the other occupants of the Building.
9. Care of Unit
9.1 Sublessee shall maintain the Unit, furniture, furnishings and fixtures in a good, clean and tenantable order and condition. Sublessee also agrees to keep the interior of the Unit in good decorative order, consistent with the original decorative condition of the Unit at the Commencement Date, including all furniture, furnishings and fixtures. Sublessee shall pay for or reimburse Sublessor for any furniture, furnishings or fixtures that are broken, lost, stolen or damaged during the Term.
9.2 It is the Sublessee’s obligation to report any maintenance issues, pest infestation, or other concerns related to the condition of the Unit to Sublessor as soon as reasonably possible, but in no event later than forty-eight (48) hours after Sublessee becomes aware of such condition. Sublessee will be responsible for the cost of any general repairs and maintenance resulting from damage of the Unit, the furniture or furnishings caused by Sublessee, Authorised Occupants, or any of Sublessee’s invitees or Sublessees. Without limiting the generality of the foregoing, Sublessee acknowledges that Sublessee shall be responsible for the cost of the clearance of stoppages in waste pipes, drains, water pipes or plumbing which are caused by improper use, and shall reimburse Sublessor for such costs upon demand.
9.3 In the event that the unit is equipped with a functioning smoke detection device(s) and, in some cases, with a functioning carbon monoxide detection device(s) (collectively, “Devices”), if the Devices are battery operated, Sublessee is responsible for replacing the Devices’ batteries as necessary to maintain functionality; upon request, Sublessor may assist with the replacement of batteries during Sublessee stay. Sublessor shall have a right to enter the Unit to check and maintain the Devices as provided by law. Sublessee shall not, at any time, disable or remove an installed Device, and to do so will be considered a material breach of this Agreement.
9.4 Sublessee shall not remodel, renovate, paint, refinish floors, or otherwise alter the Unit, common areas, or any other parts of the Building. By way of example of prohibited alterations, but without limitation, Sublessee shall not (i) apply adhesive paper to any cabinets, walls, or doors, (ii) hang planters, lighting or other fixtures from ceilings or walls, (iii) attach any coverings to floors or walls, or (iv) install any appliances or outside antennae in or on the Unit.
9.5 Sublessee shall maintain the Unit in a manner that prevents the occurrence and infestation of mold or mildew in the Unit, including the use of equipped bathroom exhaust fans where applicable and/or opening windows as necessary to avoid excess moisture build-up.
10. Repairs & Maintenance
10.1 The Sublessor client experience team is available to assist from 09:00AM - 6:00PM, Monday – Friday, and can also be reached on an emergency telephone line for urgent matters 24/7. All non-urgent requests submitted outside of these normal working hours will be reviewed the following working day. Sublessor will handle all maintenance issues upon request and depending on the nature of the issue, there may or may not be an additional charge imposed on Sublessee.
10.2 Subject to applicable law, the Sublessor and the Building property managers have the right to enter the Unit to perform repairs and inspections upon 24 hours’ notice, or upon no notice in the event of an emergency.
10.3 Sublessee acknowledges that the Unit and the Building may, from time to time, require renovations or repairs to keep them in good condition and that such work may result in temporary loss of use of portions of the Building or the Unit. Such portion may include, by way of example but without limitation, swimming pools, fitness centers, laundry facilities, and other amenities.
Circumstances may arise from time to time that render a Unit unavailable for all or part of the Term; such circumstances include (but are not limited to) significant building maintenance or natural disaster. The Sublessor reserves the right to relocate the Sublessee to another Unit of comparable quality, in the same Building or a comparable quality Building, upon reasonable notice, should the originally booked Unit become unavailable for any reason. In the event that the Sublessor notifies Sublessee of its intention to relocate the Sublessee and the Sublessee does not desire to be relocated, or if the Unit otherwise becomes unavailable during the Term, the Sublessee has the right to cancel the Agreement and to receive a refund of the remaining Sublessee Fees on a pro-rated basis. Neither the Sublessor nor the Owner will be liable for any further amounts in respect of the cancellation of the Agreement. Upon mutual agreement, the Sublessee may be relocated to a different property for mutually agreed duration. If this is carried out upon a personal request from the Sublessee, a fixed and once only payable relocation fee of half Rental fee from the apartment to be vacated, will be applicable as well as a cleaning exit fee. In case of Sublessee’s written notice to the Sublessor at least 30 days prior to the relocation date, the relocation fee shall not apply.
12. Check-in/ Check-out Times
Check-in time on the Commencement Date is 3PM at the earliest and check-out time on the check-out date is 10AM at the latest. Alternate check-in times may be possible by prior arrangement, subject to availability. If the Sublessee fails to vacate the Unit by 10AM on the check-out date, the Sublessor may charge Sublessee an additional one day’s Rental Fee for each day the Sublessee occupies the Unit. This provision is intended to address a late out check-out by Sublessee on the check-out date, and does not limit the Sublessor’s rights or remedies under this Agreement or at law should Sublessee fail to vacate the Unit.
13. Background Checks
All Sublessees and Authorised Occupants listed on the Sublease Agreement may be subject to background checks. If a background check is required by the Sublessor, the Sublessee acknowledges that the Sublessee and/or any Authorised Occupants may be required to authorise such background check as a condition of securing the Unit.
14. Building Rules and Regulations
Sublessee, the Authorised Occupants, Sublessee’s invitees and visitors shall comply fully and at all times with all rules and regulations of the Building, as well as any restrictions imposed by the Owner and provided by the Sublessor to Sublessee. Building rules are available upon request. The Sublessee is responsible for ensuring that its invitees and visitors comply with all such rules, regulations and restrictions. Any failure by the Sublessee, the Authorised Occupants, or Sublessee’s invitees or visitors to comply with the rules and regulations of the Building will be a material breach of this Agreement, and the Sublessor will be entitled to terminate the Agreement and require the Sublessee to vacate the Unit.
15. No Assignment or Subleasing
Sublessee may not assign its rights under this Agreement. The Sublessee may not sublet or transfer possession of all or any part of the Unit to any third party. Any advertising or on-line postings, as well as actual rentals of the Unit, constitutes a material breach of this Agreement and, subject to applicable law, the Sublessor will be entitled to terminate this Agreement and require the Sublessee to vacate the Unit. Any person who is not the Sublessee or an Authorised Occupant who occupies any portion of the Unit, for any period of time for any consideration whatsoever (including, without limitation, the payment of money and/or barter of other goods, services, or other property occupancy rights) is not deemed to be a Sublessee or visitor hereunder, and such occupancy shall constitute an unauthorised subletting or assignment under the terms of this section.
16. Scheduled Unit Visitation
Without limiting the Sublessor’s right to access the Unit for repair and maintenance, the Sublessor has the right to conduct non-emergency visits to the Unit, upon twenty-four (24) hours’ notice, so as to examine the condition of the Unit or to inspect, maintain, repair or replace the furniture and furnishings, or for the purpose of complying with any obligations imposed by the Owner or by law.
17. Non-Smoking Policy
The Unit is non-smoking. Smoking of any substance is not allowed in the Unit or any adjacent outdoor areas, including on any balcony or patio and all other common areas of the Building. The Sublessor will charge, and the Sublessee agrees to pay, a damages fee of EUR500 for each violation of this policy, in addition to the actual costs for replacement of furniture, additional deep cleaning services, repainting, and other remedial services required to return the Unit, its furniture, and furnishings to its prior condition. The Sublessee shall inform his or her Sublessees or invitees of the Unit of this smoking prohibition and shall be responsible for their adherence to it. Any breach of this section or violation of this non-smoking policy by Sublessee shall be deemed a material breach of the Agreement and grounds for termination thereof. The Sublessee acknowledges and agrees that there may be other units in the Building where smoking is permitted, that the Sublessor has no ability to prevent such smoking, and that the Sublessor shall not be liable for any damages or injury to the Sublessee’s health or personal property in connection with the use of tobacco or tobacco products by any other occupant in the Building. The Sublessee shall promptly notify the Sublessor in writing of any incident where smoke is migrating into the Unit from sources outside of the Unit.
18. Furniture Removal
The Sublessee may not remove any of the furniture or furnishings from the Unit. Removal of furniture may be accommodated by Sublessor upon specific request, in Sublessor’s sole discretion and at an additional charge.
19. Keys & Premises Access Cards
The Sublessee will receive keys or electronic access cards and parking controls for the Unit and/or the building. The Sublessee is responsible for the security of the Unit until all keys, access cards and/or parking controls have been returned to the Sublessor. The Sublessee shall not change, rekey the locks or add additional locks or security devices to property without the Sublessor's express written permission. Unless all keys are returned to the Sublessor, the Sublessee agrees to pay the Sublessor the Cost of keys, access cards and parking controls to cover the cost of rekeying the property.
20. Lockout Policy
In the event that the Sublessee becomes locked out of the Unit or the Building, the Sublessor or the Building may charge an additional fee for lockout services per lockout or as set forth in Sublessor’s currently posted schedule of additional fees, as that schedule may be updated from time to time in Sublessor’s sole discretion.
21. No Criminal Activity
The Unit may only be used as a residential dwelling. No use of the Unit or the Building by Sublessee or Sublessee’s visitors for activities of an illegal nature will be tolerated, whatsoever. Violation of this policy constitutes a material breach of this Agreement, and the Sublessor reserves the right to immediately terminate this Agreement in connection with any violation of this policy.
This Agreement shall be subject to and subordinate to the terms of the master lease between Sublessor and Owner (the “Lease”). In case of early termination of the original lease between the Sublessor and the owner of the property the present sublease is not valid and the Sublessee is obliged to leave the property and the Agreement shall be honored pursuant to the terms specified in Section 11 Relocation.
23.1 This Agreement is for a fixed term and the agreement & lease end on the check-out date by default. Any amendments or extension by mutual agreement has to be in written form signed by both parties and communicated at least thirty (30) days prior to the check-out date.
23.2 Except where limited by law, the Sublessor may, upon written notice, terminate this Agreement immediately upon the occurrence of (i) damage to the Unit by Sublessee, (ii) Sublessee’s violation of any Building rules and regulations, (iii) criminal activity by Sublessee, (iv) Sublessee’s material breach of this Agreement, or (v) such other event as otherwise specifically set forth in this Agreement.
24. Vacation of Unit
Sublessee must vacate the Premises on or before the check-out date. Upon termination of the Agreement, whether occurring on the check-out date or by early termination, the Sublessee shall completely vacate the Premises and any parking or storage areas; and deliver all keys, furnishings, if any, and the Unit to the Sublessor in the same condition as received expecting normal wear and tear. It is agreed by the parties to this Agreement that delivery of possession shall be deemed to occur when the Sublessee delivers the keys of the Unit to the Sublessor or Sublessor’s agent during normal business hours as stated in this Agreement or follows the procedure to vacate the Premises instructed by the Sublessor using a smart-lock system, lockbox, etc.. If the Sublessee fails to vacate the Unit by the specified check-out date or earlier termination date of this Agreement, the Sublessor reserves the right to enter the Unit and remove all remaining personal belongings, subject to any legal restrictions. The Sublessee will be personally informed of this action and will be given a period of 1 (one) week’s notice to collect his/her personal belongings from a specified point. In addition, if the Sublessee fails to vacate the Unit by the specified check-out date or earlier termination date of this Agreement, the Sublessor may recover from the Sublessee, in addition to possession, (i) two times the monthly Sublessee Fees during Sublessee’s holdover, plus (ii) damages sustained by Sublessor, plus (iii) Sublessor’s costs of recovering said amounts and possession, including reasonable attorney’s fees.
25. Personal Property
The Sublessor will use reasonable efforts to assist Sublessee in recovering items of personal property that the Sublessee inadvertently leaves behind upon vacating the Unit. Notwithstanding the foregoing, neither the Sublessor nor the Owner assumes any obligation or liability for loss or damage to items of personal property during the Term or thereafter. This includes but is not limited to damage or loss arising from fire, water, theft, flooding, or similar occurrences.
All sums payable by the Sublessee are inclusive of any VAT that may be chargeable. The Sublessee shall pay VAT in respect of all taxable supplies made to it in connection with this sublease agreement on the due date for making any payment or, if earlier, the date on which that supply is made for VAT purposes.
27. Third party rights
A person who is not a party to this sublease agreement shall not have any rights to enforce any term of this sublease agreement.
38. Governing law
This sublease agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Grand-Duchy of Luxembourg.
Each party irrevocably agrees that any dispute or claim arising out of or in connection with this sublease or its subject matter or formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the competent courts of justice in Luxembourg.
The Sublessor will not be held responsible for any claims which result from any of the following: (i) the fault of the person(s) affected or any member(s) of their party, or (ii) the fault of a third party not connected with provision of accommodation by Sublessor which could not have been predicted or avoided, or (iii) an event or circumstance which could not have been predicted or avoided even after taking reasonable care.
31. Additional Services
The Sublessor does not accept responsibility for any services that are not part of the agreed service package specified in the reservation confirmation. This includes any additional services or facilities that other suppliers have been instructed by Sublessee to provide.
32. Use of Facilities at Own Risk
Operating instructions for various appliances available within the Unit may be provided upon Sublessee’s request. The Sublessee is responsible for following all safety instructions when using the appliances. For further assistance, Sublessee should seek immediate assistance from the Sublessor. In cases where facilities or amenities such as swimming pools, fitness equipment, garden equipment, boats etc. are available, their use is strictly at Sublessee’s own risk and in Sublessee’s own discretion, and must be in accordance with the Building’s rules and regulations.
33. Force Majeure
The Sublessor does not accept liability nor pay any compensation for any unforeseen events that may take place in the Unit or the Building outside of the Sublessor’s control. Any such events will be considered events of “Force Majeure” and NOT as negligence. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, swimming pool closure, power outages, air-conditioning failure, elevator shut downs, TV telephone or internet service interruptions, water shortages, construction noise, evacuation by authorities, and all similar events. Any delays in the performance of any obligation of Sublessor under this Agreement shall be excused to the extent that such delays are caused by events of Force Majeure, and any time periods for performance will be extended accordingly.
34. Indemnification and Hold Harmless
Sublessee shall be liable for, and shall, to the fullest extent permitted by law, indemnify and hold harmless Sublessor and the Owner from any and all damages to any property or physical injury to any person arising as a result of any act or omission by Sublessee, Sublessee’s visitors, or any person occupying the Unit or visiting Sublessee on the premises. Any damage or loss caused by Sublessee or any of Sublessee’s visitors throughout the duration of the Term must be reimbursed by Sublessee at the time of any incident and prior to the end of the Term.
Except with respect to a Reservation cancellation, which may be delivered solely by email, all written notices required to be sent to Sublessor are to be sent by registered mail or courier, and by email, to Sublessor. Written notices required to be sent to you shall be sent by registered mail or courier, and by email, to the addresses listed in your Confirmation or, if none are provided, to your address at the Unit.
The waiver of one breach of any term, condition, covenant or obligation of this Agreement by us shall not be considered to be a waiver of that or any other term, condition, covenant or obligation or of any subsequent breach thereof. If any provision of this Agreement, or portion of such provision, or the application thereof to any person or circumstance, is held invalid, the remainder of the Agreement or the remainder of such provision and the application thereof to other persons or circumstances shall not be affected thereby. This Agreement and the Confirmation may not be changed, modified, or cancelled except in writing signed by both parties and shall be binding on and inure to the benefit of the Sublessee or to Sublessor or its successors and assignees.
Sublessee shall keep the terms of this Agreement confidential and will not disclose the same to any other person or entity, except as may be required by the order.
38. Limitation of Licensor's liability
38.1 Sublessor is not liable for:
38.1.1 The death of, or injury to, the Sublessee or visitors to the Property; or damage to, or theft of, any possessions of the Sublessee or the Sublessee's invitees to the Property;
38.1.2 Any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Sublessee or the Sublessee's invitees to the Property in the exercise or purported exercise of the rights granted by clause 2; or
38.1.3 The acts or omissions of any other resident of the Property or their visitors.
38.2 Nothing in clause 40 shall limit or exclude Sublessor's liability for:
38.2.1 Death or personal injury or damage to property caused by negligence on the part of Sublessor or its agents; or
38.2.2 Any matter in respect of which it would be unlawful for Sublessor to exclude or restrict liability.