General Terms and Conditions
General Terms and Conditions (T&Cs) for using the housing platform on
HousingAnywhere.com.
(Last updated: 1st May 2026)
1. Scope and Amendments of General Terms and Conditions
2. Performance by HousingAnywhere, Performance by Providers
3. Registration, Realization of the User Agreement, Contractual Declarations
4. User Obligations, User Account, System Integrity
5. Handling of Content and Rights
6. Availability and Amendment of the Website
7. Liability for Third-Party Sites
8. Secure Booking Service, Payment, Invoice and Commission
9. Subscriptions
10. Security Deposit and Insurance
11. Duration and Termination
12. Measures in the Event of Illegal Conduct and/or Breach of Agreement by the
User
13. Conversations via HousingAnywhere
14. HousingAnywhere Liability
15. Cancellation and Refund Policy for Accommodation
16. User Verification, Background Checks and Credit Checks
17. Dispute Resolution and Arbitration
18. User Responsibility and Code of Conduct
19. Advice for Users
20. Data Privacy and Usage
21. Intellectual Property
22. Force Majeure
23. Closing Provisions
💡 New summaries : We think that understanding our T&Cs should be as easy as
moving abroad — and at HousingAnywhere we’re making that as safe and easy as
possible. But sometimes, to be precise in our Terms, we need to resort to legalese.
To help you understand what key sections are about, we’ve added plain language
summaries. These summaries aren’t legally binding; they’re simply here to help you
get a sense of what each section is about.
Article 1: Scope and Amendments of General Terms and Conditions
💡 What it means : These are our official Terms and Conditions. As a user, you
agree to follow them, along with any applicable laws (national or otherwise). This
section also contains a list of key terms.
1.1. Scope: These General Terms and Conditions ("GTC") govern the use of the
platform ("Platform") provided by HousingAnywhere B.V. and its affiliates through its
websites and mobile applications. HousingAnywhere B.V., registered in the Dutch
trade register (Handelsregister van de Kamer van Koophandel) under file number
58882693, offers these services ("HousingAnywhere" or "we").
1.2. Definitions:
1.2.1. Articles: The term "Article(s)" as used in these General Terms and
Conditions refers to the articles of these General Terms and Conditions unless
explicitly stated otherwise.
1.2.2. Booking: The term "Booking" refers to an agreement confirmed by the
payment of the first installment and applicable fees by the Tenant to rent and
occupy an Accommodation for a specified period.
1.2.3. Booking Period: The term "Booking period" refers to the specified period
during which the Accommodation is booked on HousingAnywhere.
1.2.4. Tenant Protection Fee: The term “Tenant Protection Fee” refers to the fee
charged to the Tenant in addition to the first installment when an Accommodation
is booked. The Tenant is obliged to pay the Tenant Protection Fee simultaneously
with the first installment.
1.2.5. Commission or Commission Fee: The terms "Commission" or
"Commission Fee" refer to the fee charged by HousingAnywhere to the Provider
when the Provider's Accommodation is booked. The commission is deducted by
HousingAnywhere from the first installment.
1.2.6. Subscription Fee: The term "Subscription fee" refers to the fee charged by
HousingAnywhere to the Tenant when such Tenant has concluded a subscription
with HousingAnywhere.
1.2.7. Users: "Users" refers to natural and legal persons who have either posted
an advertisement for an Accommodation on the Platform or responded to an
advertisement of an Accommodation.
1.2.8. Provider: "Provider" (also known as “Landlord”) refers to users providing
the Accommodation for rent to Tenants.
1.2.9. Tenant: "Tenant" refers to users renting the Accommodation from
Providers.
1.3. Platform Usage: HousingAnywhere offers the usage of its Platform, particularly
the use of the database, solely based on these General Terms and Conditions.
1.4. User Acceptance: By using the Platform, users agree to the validity of these
General Terms and Conditions. Users include both Providers (Providers) and
Tenants (renters).
1.5. Compliance with National Laws: By using our services, users confirm that
they oblige the national laws and obligations of their country with respect to renting
and subletting.
1.6. Amendments to General Terms and Conditions: HousingAnywhere reserves
the right to amend these General Terms and Conditions. The amendments will
become valid and enforceable seven (7) calendar days after the date of notification
to the users. It is sufficient for this purpose that HousingAnywhere sends a
notification concerning the new version of the General Terms and Conditions to the
email address provided by the user for information purposes. By continuing to use
the Platform after the date when the amendments become valid and enforceable,
users irrevocably accept the amended General Terms and Conditions. In case of any
inconsistencies between the information on the Platform and these General Terms
and Conditions, the information on the Platform shall prevail.
Article 2: Performance by HousingAnywhere,
Performance by Providers
💡 What it means: HousingAnywhere helps landlords and tenants achieve their
rental goals. We don’t own any of the properties listed on our website. Users are
responsible for leases, legal compliance, permissions, and content.
HousingAnywhere isn’t liable for disputes or contracts.
2.1. Platform Purpose: HousingAnywhere acts as an intermediary that facilitates
the booking of accommodations between Providers and Tenants. The Platform
allows Providers to list their properties and Tenants to browse, select, and book
these properties for mid-term or long-term stays. The Platform is an online
marketplace where users can offer and rent properties or other types of
accommodation Accommodation (“Accommodation”).
2.2. Communication Facilitation: The Platform, accessible at
www.housinganywhere.com, provides a space for Users to communicate and finalize
agreements. HousingAnywhere itself does not offer or own any Accommodation; it
solely acts as a communication platform for agreements between Users.
2.3. Lease Contracts: HousingAnywhere strongly recommends the use of a lease
contract between the Provider and Tenant. To assist with this, HousingAnywhere
offers a selection of example lease contracts for certain countries. These are
provided as a resource for Users but are not mandatory. The choice to use any lease
contract, whether it is one of HousingAnywhere's examples or a different one,
remains solely with the Tenant and the Provider. HousingAnywhere does not require
Providers to declare if they are using a different lease contract. Both the Provider
and Tenant acknowledge that HousingAnywhere is not liable for any damages
resulting from the use, faults, or omissions of any lease contract, whether it is one
provided by HousingAnywhere or otherwise.
2.4. Lease Agreements: Leases are exclusively between the Provider and the
Tenant, and HousingAnywhere is not a party to these agreements. The Provider and
the Tenant are fully responsible for fulfilling their contractual obligations under the
lease. In the event of a default or dispute, it must be resolved directly between the
Provider and the Tenant. HousingAnywhere will store and transmit the necessary
contact information between both parties to facilitate communication.
2.5. Content Responsibility: HousingAnywhere does not verify the legality,
accuracy, or completeness of offers published on the Platform or user content, and
these do not represent the views of HousingAnywhere. HousingAnywhere is not
responsible for third-party offerings or content.
2.6. Provider Terms and Conditions: Providers can apply their own terms and
conditions to the Accommodation they are renting, providing these terms do not
conflict with HousingAnywhere’s General Terms and Conditions.
2.7. Compliance with Public Law: Providers and Tenants are responsible for
adhering to public law provisions, including municipal codes regarding property
rental. Providers must ensure that listings are accurate, up-to-date, and comply with
all relevant (local) laws and regulations applicable to the Accommodation they are
listing on the Platform. HousingAnywhere reserves the right to impose a penalty of
EUR 250 per outdated or misleading listing, deducted from the Provider’s payout.
Repeated offences (more than two within six (6) months) may result in account
suspension. Providers are encouraged to regularly review their listings to ensure
compliance and avoid fines.
2.8. Sublease Permissions: Providers are responsible for ensuring they have legal
permission to sublease their Accommodation.
2.9. Required Documentation: Providers are responsible for the arranging all
necessary documents to rent out the Accommodation. These documents include, but
are not limited to, licenses to (sub)rent from the Provider or municipality, (sub)rental
contracts, etc.
2.10. Provider Declarations: By agreeing to these General Terms and Conditions,
the Provider confirms that they:
● Have obtained permission from the relevant authority (e.g., private owner,
agent, or housing corporation) to rent out the Accommodation as specified in
Article 2.8;
● Have arranged all required documentation as specified in Article 2.9; and
● Have informed their roommates, if applicable, about the rental arrangement.
Article 3: Registration, Realization of the User Agreement, Contractual Declarations
💡 What it means: Users need to sign up to use HousingAnywhere. By signing up,
you accept these T&Cs. You also agree to provide accurate, up-to-date info. When
you sign up, you’ll need to verify your email, as this is needed to receive messages
and rental agreements.
3.1. Registration Requirement: Registration is required for users to utilize
HousingAnywhere. Providers must register when listing their Accommodation online,
and Tenants must register when responding to an Accommodation. Registration is
free of charge and requires users to accept HousingAnywhere's General Terms and
Conditions. The user agreement between HousingAnywhere and the user is
established upon acceptance of these General Terms and Conditions.
3.2. Eligibility for Registration: Registration is available only to natural persons,
legal entities, and partnerships that possess full legal capacity. If registering on
behalf of a legal entity or partnership, the registration must be completed by a natural
person who has the authority to represent the entity or partnership and must be
identified as such. Only individual persons can be named as the owner of a user
account; joint accounts for married couples or families are not permitted.
3.3. Accurate and Complete Information: When registering, Users are required to
provide accurate, up-to-date, and complete information as requested in the
registration form. This information includes, but is not limited to:
● First and last name
● Current physical address (not a P.O. box)
● Valid email address
● Where applicable, the name of the company and the authorized
representative
Users are responsible for ensuring that their information remains accurate and
current at all times. Creating multiple registrations under different usernames is
prohibited. During the registration process, Users must also choose a secure
password that will be associated with their email address.
3.4. Receiving Contractual Declarations: Users agree to receive contractual
declarations and communications from HousingAnywhere at the email address
provided during registration. It is the User's responsibility to ensure that their email
address is valid and accessible for receiving such communications.
Article 4: User Obligations, User Account, System
Integrity
💡 What it means : As a user, you’re responsible for making sure all published
content and messages are lawful. Landlords must post accurate listings with real
photos. They must provide clean places, honor bookings, and resolve issues quickly.
Users aren’t allowed to contact each other outside of HousingAnywhere until after a
booking is confirmed.
4.1. User Content Responsibility: Users are solely responsible for all content they
place on the Platform. Users must ensure that the content they post is lawful and
refrain from actions that violate any applicable laws.
4.2. Accuracy of Provider Listings: The Provider is responsible for ensuring that
the Accommodation offered is described correctly and completely, including, but not
limited to, all amenities, features, fees, and availability. The property should be
provided in a clean and reasonably maintained condition at the time of move-in,
including being free from significant pest infestations or conditions that materially
affect the habitability of the Accommodation, such as severe mold. Minor cleanliness
issues do not constitute grounds for cancellation or refund and should be resolved
directly between the Provider and Tenant unless the condition renders the
Accommodation materially uninhabitable. The Provider must provide the information
in the Platform’s required fields and add any additional information in the listing
description so that the Accommodation and the offer are described with sufficient
accuracy.
4.3. Authenticity of Photos: The Provider agrees that all photos uploaded must be
authentic, legally owned and accurately represent the Accommodation. Any
differences between the photos and the property at move-in should be due only to
normal wear and tear. A minimum of five high-quality photographs is required,
showcasing all rooms and key features. Photos must be free from branding, and
must not contain contact details or information that reveals the exact address of the
Accommodation, including visible street names, building numbers, or identifiable
entrance signage. Images including peoples faces must have the individuals explicit
consent. We may remove any images violating these terms without prior notice, and
the user may be removed or disabled from the platform.
4.4. Additional Provider Conditions: Providers are free to stipulate additional
conditions, such as the amount of any deposit or the cost of final cleaning. However,
once an offer has been accepted by a Tenant, the Provider cannot make any
changes to these conditions or to the details of the Accommodation listing. Users
must ensure that the information in their user account remains accurate and
up-to-date at all times. Any changes must be promptly updated, and the Provider
must ensure that the listing availability calendar is updated accordingly once a rental
agreement has been reached between a Tenant and Provider. User accounts are
personal and non-transferable.
4.5. Account Security: Users are responsible for maintaining the confidentiality of
their login credentials and for all activities that occur under their account. To enhance
security, HousingAnywhere strongly recommends that users enable two-factor
authentication (2FA) to provide an additional layer of protection against unauthorized
access. HousingAnywhere shall not be liable for any unauthorized access to or use
of a User’s account, including any actions, transactions, communications, or
arrangements made through the account, where such access results from the User’s
failure to safeguard login credentials or from circumstances beyond
HousingAnywhere’s reasonable control.
4.6. Liability for Account Actions: Users are liable to HousingAnywhere for all
actions taken through their account, regardless of whether the misuse of the account
was the user’s fault.
4.7. Notification of Unauthorized Access: If a user becomes aware that their
account has been accessed by unauthorized third parties, they must notify
HousingAnywhere immediately. HousingAnywhere reserves the right to block the
user’s account until the issue has been resolved.
4.8. Prohibition of Off-Platform Personal Data Sharing Prior to Booking
Confirmation: HousingAnywhere reserves the right, without prior notice, to charge
the expected commission fee and to remove or disable access for any user who
posts, sends, publishes, or transmits personal contact information that could lead to
off-Platform communication (e.g., personal bank account details, phone numbers,
email addresses, etc.) before booking confirmation. Any outstanding amounts must
be paid within seven (7) business days for the account to be reinstated.
4.9. Identity Verification: Each user is responsible for independently verifying their
own identity. HousingAnywhere accepts no liability for the accuracy of user contact
information entered on the Platform.
4.10. System Integrity: Users are required to configure their systems and programs
in a manner that does not compromise the security, integrity, or availability of
HousingAnywhere’s services. Users must not block, modify, or interfere with content
generated by HousingAnywhere, or engage in any actions that contravene the
purpose of the user agreement. HousingAnywhere reserves the right to implement
necessary measures, as described in Article 15, to maintain system integrity.
4.11. Use of Contact Data: Users must not use addresses, contact data, or email
addresses obtained through the Platform for any purpose other than contractual
communication related to Accommodation rentals. These details must not be shared
with unauthorized persons or used for sending unsolicited advertisements unless
explicit consent has been granted by the user in question.
4.12. Prohibition of Spam: Users are prohibited from sending mass messages with
the same content via the Platform. Spamming or any similar harassing actions
towards other users or third parties are strictly prohibited. Repeated or large-scale
messaging behavior deemed to constitute spam may result in temporary or
permanent suspension of the User’s account.
4.13. Archiving Information: Each user is responsible for archiving any information
viewed on the Platform and stored by HousingAnywhere that may be required for
evidence preservation, accounting, or other purposes, on a storage medium
independent of HousingAnywhere.
4.14. Disclosure of Contact Details: HousingAnywhere will not disclose users’
contact details to any third party, except to partner institutions, other companies
within the HousingAnywhere group, or as required by law. Certain partner
institutions, such as universities or other educational bodies, may request an
overview of Accommodations rented out in their city. This information is shared to
help these institutions forecast Accommodation demand and monitor for potential
student misuse.
4.15. Violation of Terms: If a user violates these General Terms and Conditions,
HousingAnywhere reserves the right to take appropriate action. This may include
excluding the user from the Platform, deleting their content, or taking other measures
as outlined in Article 13. HousingAnywhere may also take legal action to enforce its
rights to compensation or other remedies.
4.16. Booking Integrity: Providers must honor all confirmed bookings on the
platform. If a booking cannot be fulfilled, the Provider is responsible for securing
alternative accommodation for the tenant to avoid cancellations. The alternative
accommodation should be of comparable standard and provide substantially similar
amenities where reasonably possible. Cancellation fees will apply as outlined in
Article 15, reinforcing the importance of minimizing such situations. Where the
Tenant accepts alternative accommodation arranged by the Provider (or
HousingAnywhere), such acceptance constitutes a binding replacement of the
original booking. Upon acceptance, the Tenant waives any right to claim a refund
relating to the originally booked Accommodation.
4.17. Handling Property Differences: Providers are required to address any
Material Difference, as defined in Article 15.10.2.2, between the advertised property
and the actual property provided at move-in. An action plan to resolve these
discrepancies must be communicated to the tenant during the move-in period. All
identified issues should be fully resolved preferably within five (5) business days to
ensure tenants receive the accommodation they were promised.
4.18. Ensuring Cleanliness: Providers must address and rectify any cleanliness
concerns reported during the move-in period within a reasonable time period. This
ensures that tenants are welcomed into a clean and habitable environment, which is
crucial for their satisfaction. Failure to resolve the issue does not automatically entitle
the Tenant to a refund unless the issue materially affects the habitability of the
Accommodation.
4.19. Quality Maintenance: Providers are expected to maintain an average review
rating of no less than 3 stars for move-in and tenancy experiences. This encourages
continuous improvement by requiring Providers to address issues highlighted in
tenant reviews, promoting accountability and a commitment to quality.
4.20. Timely Communication: Providers must respond to tenant communications
and messages from the HousingAnywhere team within 2 business days, preferably
sooner. This requirement ensures prompt attention to any issues or concerns,
enhancing the overall tenant experience.
4.21. Disclosure of Contract: Providers are responsible for informing tenants about
when they can expect their contract, with specific timelines depending on the
booking date. For bookings made more than a month before the move-in date,
tenants should be notified at least one month in advance. For bookings made within
a month of the move-in date, this information should be provided within 2 business
days and always before the move-in date. All contracts must comply with local
regulations. Failure to provide the contract within this timeframe does not
automatically constitute grounds for cancellation unless the Tenant can demonstrate
that the delay prevents lawful occupancy.
4.22. Sanctions Compliance: Users using the Platform which are are located in, or
are nationals of, countries subject to EU or international sanctions, or if they appear
on any sanctions list. HousingAnywhere reserves the right to block or terminate
accounts found to be in violation of these sanctions regulations and may report such
activities to relevant authorities. HousingAnywhere may implement verification,
monitoring, or account restrictions as necessary to ensure compliance with
applicable sanctions regulations.
Article 5: Handling of Content and Rights
💡 What it means: As a user, you grant HousingAnywhere usage rights to any
content you publish. We’ll remove unlawful content or content that violates these
T&Cs. To maintain a safe and trustworthy rental site, we may access users’
messages and step in to prevent spamming.
5.1. Media Presentation: Providers can present Accommodations to potential
Tenants using various media within the Platform’s functionality. To ensure legal
compliance and to avoid liability for both the user and HousingAnywhere, certain
rules must be followed. These rules are based on laws protecting copyrights,
trademarks, and the stipulations of these General Terms and Conditions.
5.2. Content Storage and Responsibility: HousingAnywhere stores multimedia
content uploaded by users (e.g., images, text) or provides the necessary storage
space and access to it. Users are solely responsible for the content they upload and
must indemnify HousingAnywhere against any third-party claims resulting from their
content. This indemnification covers all associated costs, including legal defense and
indirect costs.
5.3. Compliance with Laws: Users must ensure that their uploaded content
complies with all applicable laws, regulations, and third-party rights, including but not
limited to copyrights, personality rights, and data protection rights. Users are
prohibited from uploading content that is illegal, obscene, pornographic, glorifies
violence, or incites racial hatred. This rule also applies to any electronic
communications sent via the Platform.
5.4. Right of Use: By uploading multimedia content to the Platform, users grant
HousingAnywhere a free, revocable, unlimited, and non-exclusive right to use,
process, and distribute this content. This right can be sublicensed and includes
making the content publicly available offline, in print, electronically, or via wired or
wireless connections. It also encompasses integration into advertising media on
websites of HousingAnywhere’s contractual partners.
5.5. Use of User Communications: HousingAnywhere may use any comments,
information, images, or ideas shared by users in communications with
HousingAnywhere without compensation or acknowledgment. These can be used for
any purpose, including product development, marketing, and service improvements.
All such information will be considered non-confidential and non-proprietary.
5.6. Reading User Messages: Users explicitly agree that HousingAnywhere may
access and read messages exchanged between users on the Platform. This access
is intended to improve user experience, resolve disputes, and for other purposes
deemed appropriate by HousingAnywhere.
5.7. Republishing Content: Users agree that HousingAnywhere has the right to
republish and use any content posted by users on the Platform. While
HousingAnywhere will generally attempt to provide a link back to the user’s page
when reposting on third-party sites (e.g., Facebook), users waive all moral rights to
the content placed on the Platform.
5.8. Profile Picture Use: Users explicitly permit HousingAnywhere to display their
profile pictures on www.housinganywhere.com as part of their user profile.
5.9. Copyright Protection: All content on HousingAnywhere’s Platform is protected
by copyright. The Platform is intended for individual use through a web browser. The
use of technologies such as web spiders, crawlers, or similar tools for mass
accessing or saving Platform content, including screen scraping and other third-party
services, is prohibited.
5.10. Violations and Content Deletion: If a user violates these General Terms and
Conditions or HousingAnywhere’s content guidelines, HousingAnywhere reserves
the right to refuse, delete, or block content without prior notice. HousingAnywhere
may also delete the user’s profile or associated pages. In such cases, the user has
no right to recover their deleted content or user profile.
Article 6: Availability and Amendment of the Website
💡 What it means: We don’t guarantee continuous access to
www.housinganywhere.com. Temporary restrictions may happen due to
maintenance, security, or technical reasons. Of course, we try to minimize
disruptions and notify users in advance whenever possible.
6.1. No Guarantee of Permanent Use: Users do not have a legal claim to
continuous or permanent access to the Platform. HousingAnywhere is not obligated
to ensure that the Platform is available or accessible at all times. However,
HousingAnywhere strives to keep the Platform operational with minimal disruptions
and to continue enhancing its features based on user needs.
6.2. Temporary Restrictions: HousingAnywhere reserves the right to temporarily
restrict access to the Platform if necessary for reasons related to security, system
integrity, capacity limitations, or technical maintenance (e.g., upgrades, repairs).
When possible, HousingAnywhere will take into account the legitimate interests of
users and provide advance notice of any expected disruptions.
Article 7: Liability for Third-Party Sites
💡 What it means: HousingAnywhere is not responsible for content on third-party
sites linked from our website. We don’t endorse the views of any third-party sites.
These links are only to help users navigate. Third-party site owners are accountable
for their content and services.
7.1. Third-Party Links: The Platform may include links to external websites
maintained by third parties. The content on these third-party websites is not
controlled or monitored by HousingAnywhere, and HousingAnywhere assumes no
responsibility for their content. These links are provided solely to assist users with
navigation, and the inclusion of such links does not imply endorsement of the content
or views expressed on the linked websites. HousingAnywhere explicitly distances
itself from all content on third-party websites linked to from the Platform.
7.2. Third-Party Content Responsibility: The owners of the third-party websites
linked from the HousingAnywhere Platform are solely responsible for the content on
their sites, as well as any goods or services offered for sale through those sites.
Article 8: Secure Booking Service, Payment, Invoice and Commission
💡 What it means: By listing a place on HousingAnywhere, landlords agree to
receive messages from potential tenants. All transactions, including deposits and
any other pre-move-in charges, must use HousingAnywhere’s secure payment
system. This lets us hold payments securely until 48 hours after the tenant’s move-in
date. We’ll then transfer the first month’s rent to the landlord, provided there are no
issues during the move-in.
8.1. Invitation to Submit Offers: By listing an Accommodation on the
HousingAnywhere Platform, the Provider is extending an invitation for users to
submit offers. An agreement is formed when the Provider accepts an offer, provided
that the Tenant has not withdrawn the offer before acceptance.
8.2. Rental Period: The rental period is the duration for which the Tenant rents the
Accommodation from the Provider. The rental period is determined by the Provider
and may vary depending on the listing. The rental contract must be compliant with all
applicable local laws and. regulations governing rental agreements in the location
where the Accommodation is situated.
8.3. Booking Method: Upon confirmation of the agreement on the Platform,
HousingAnywhere provides a secure booking method to the Tenant.
HousingAnywhere holds the payment in a secure third-party account until 48 hours
after the rent start date, as referenced on the Platform. After this period,
HousingAnywhere will transfer the first installment to the Provider. HousingAnywhere
acts as a third-party custodian to help prevent scams.
8.4. Mandatory Secure Booking Service: All users of the Platform are required to
use HousingAnywhere’s secure booking service. The Provider must charge and
receive the first installment through HousingAnywhere, and not via any other means
outside the Platform.
8.5. Mandatory Secure Deposit Service and Pre-Move-In Charges Service: All
users of the Platform are required to use HousingAnywhere’s secure service for the
collection of security deposits, administration fees, and any other charges that are
due before the Tenant moves into the Accommodation. The Provider must collect
and manage these payments, including the security deposit, exclusively through
HousingAnywhere, and not via any other means outside the Platform, unless
previously agreed with HousingAnywhere. This ensures that all pre-move-in
payments are handled securely, providing protection for both the Tenant and the
Provider throughout the rental process.
8.6. Payment Procedure: Once an agreement is made and the payment process is
initiated, the Tenant will receive a payment link from HousingAnywhere. The
payment will be processed through a secure third-party bank account. If no changes
are requested by the Tenant within 48 hours after the move-in date,
HousingAnywhere will transfer the rent amount to the Provider. However, in certain
cases, HousingAnywhere may delay the payment transfer beyond 48 hours, such as
when the booking occurs one week or less before the move-in date. In such cases,
the payment may be transferred 7 days after the move-in date.
8.6.1. Payment Delays and Anti-Fraud Measures: In cases where bookings are
confirmed within seven (7) days or less prior to the scheduled move-in date, the
payout will be automatically delayed by seven (7) days from the booking date in
accordance with HousingAnywhere’s anti-fraud measures. Additionally,
HousingAnywhere reserves the right to delay payments to the Provider due to
fraud prevention, risk assessment, or operational review.
8.7. Provider Responsibilities:
💡 What it means: Landlords must provide correct bank details, verify their identity,
complete KYC (Know Your Customer) verification, and make sure listings accurately
represent the place. They must update availability after a booking is confirmed, avoid
third-party references, and comply with public law. Price and terms can’t change
after a tenant’s first message is sent.
8.7.1. Correct Bank Details and KYC Compliance: The Provider must ensure
that the correct IBAN/BIC bank account details are provided. Before any payment
can be made, the Provider is required to undergo a Know Your Customer (KYC)
verification process to confirm their identity and bank account details.
HousingAnywhere will transfer the rent to the verified bank account and is not
liable if the account information provided is incorrect. HousingAnywhere’s
responsibility ends once the payment is transferred to the verified account. The
Provider assumes all risks related to incorrect bank details or failure to complete
the KYC process.
8.7.2. Identity Verification: Providers must complete the identity verification
process as detailed in Article 16 before they can list any Accommodation on the
Platform. This includes providing valid identification and other documentation as
required by HousingAnywhere.
8.7.3. Legality and Accuracy of Content: The Provider must ensure that the
description and images of the Accommodation comply with legal requirements
and do not infringe on third-party rights. The content must accurately represent
the Accommodation being offered.
8.7.4. Updating Accommodation Status: Once an Accommodation is
successfully booked, the Platform may automatically update listing availability
following a confirmed booking.
8.7.5. No Third-Party References: Content uploaded to the Platform must not
include references to third-party content.
8.7.6. Compliance with Public Law: The Provider must comply with all
applicable public law regulations, including those related to payment, factoring,
and tax obligations. HousingAnywhere reserves the right to verify the offer and
request corresponding documentation.
8.7.7. Compliance with Legal Obligations: Providers must comply with all
relevant legal obligations, including those under the European Union Directive
2021/514 (DAC7). Providers are required to provide accurate and complete
information, such as tax identification numbers and other necessary details, to
ensure HousingAnywhere can fulfill its reporting obligations to tax authorities.
8.7.8. No Price Changes or Additional Charges Post Request: Once a Tenant
has made a booking request to rent the Accommodation, the Provider is not
allowed to increase the price from what was stated in the original advertisement at
the time of the booking or add any additional charges thereafter. The terms and
pricing (including commission) applicable to the booking are determined based on
the pricing structure outlined by HousingAnywhere at the time of the booking and
as accepted by the Provider upon confirming the booking. This ensures
transparency and fairness for all Parties.
8.8. User Offers:
💡 What it means: Users must not try to avoid HousingAnywhere’s booking and
payment processes. Misuse or attempts to bypass fees may incur fines up to €1,000.
Users can only submit offers to lease a place — no spamming, advertising, or any
other unauthorized use.
8.8.1. Making Offers: Any user interested in renting an Accommodation listed on
the Platform can respond via the Platform.
8.8.2. Purpose of Offers: Offers submitted via the Platform must be solely for the
purpose of reaching an agreement to lease the Accommodation. Other purposes,
such as contacting Providers for advertising, redirecting users to other housing
websites, or using automated processes to collect information, are prohibited.
8.8.3. Prohibition of Circumvention: Users are prohibited from circumventing
the booking and payment processes, including avoiding the Tenant Protection
Fees. Providers who attempt to circumvent these processes may be subject to
fines of up to one month's rent. HousingAnywhere reserves the right to restore the
original contractual parameters of a Booking, including rental dates and pricing,
where a User attempts to modify such parameters to circumvent commission or
Platform rules.
8.8.4. Penalty for Misuse: Users who submit offers for purposes other than
renting the listed Accommodation will be subject to a fine of €1,000 per misuse.
8.9. Payment Process Provisions:
💡 What it means: A confirmed booking is a binding agreement. This means all fees
are final — landlords can’t raise the prices. When a tenant pays to confirm a
booking, their money goes into a special bank account, separate from our normal
account (which we use to pay salary, etc.). Think of this like a secret vault where we
store tenants’ funds for total security. 48 hours after the tenant moves in, we’ll
transfer the first month’s rent, minus the agreed commission fee and applicable VAT,
to the landlord. The Tenant Protection fee gets sent to our normal bank account and
stays with us. Fees, commissions, and payments are non-transferable and subject to
change.
8.9.1. Binding Agreement: Once a booking is confirmed, the agreement
becomes binding based on the total price displayed at the time of booking. This
includes the first installment and the Tenant Protection Fee, which consists of both
an administration and property-based component. HousingAnywhere will send a
summary of the total price to the user after booking.
8.9.2. Agreement Performance: Users agree that any agreement concluded with
HousingAnywhere is considered to commence immediately after the agreement is
made. Users waive the right to terminate the agreement within 14 days as
permitted under article 6:230o of the Dutch Civil Code, except as allowed under
mandatory law. This provision reflects the exemption provided under Article 16(l)
of Directive 2011/83/EU relating to services fully performed or commenced with
the consumer’s consent before the withdrawal period has expired. If a User who is
a consumer terminates the agreement within 14 days, they remain liable for a
pro-rata payment of all fees due based on the period from the agreement date
until the termination date.
8.9.2.1. Subscription Fee Agreement: For subscription plans, the agreement
begins as soon as payment is made, and the service starts. The user is
obligated to pay the subscription fee, and if a booking is confirmed, the full
amount remains due regardless of cancellation.
8.9.2.2. Tenant Protection Fee Agreement: Once a booking is confirmed,
the service is fulfilled, and the first installment along with the Tenant Protection
Fee is always due, except when a refund is applicable under Article 15.
8.9.2.3. Service Fee Agreement: For service fees, the agreement is
concluded and binding as soon as payment is made, with the service
considered delivered.
8.9.3. Consecutive Month Services: For service fees, the agreement is
concluded and binding as soon as payment is made, with the service considered
delivered.
8.9.4. Tenant Protection Fee Changes: HousingAnywhere reserves the right to
adjust the Tenant Protection Fees at any time. Such changes will not affect
agreements already concluded, and the Tenant will be notified of any fee
adjustments in a timely manner.
8.9.5. Business Model Changes: HousingAnywhere reserves the right to modify
its business model, including introducing additional fees for Providers or
implementing subscription plans for Tenants.
8.9.6. Payment Method and Debt Collection: The Tenant must complete the
payment using the method chosen during the booking process. HousingAnywhere
retains the Tenant Protection Fee and commission, while the remaining amount
(minus the commission) is transferred to the Provider. If debt collection fails, the
Tenant is responsible for paying HousingAnywhere the applicable statutory
interest, as well as full compensation for extrajudicial costs under Dutch law.
8.9.7. Commission Charges: HousingAnywhere charges Providers a
commission fee for its services, calculated as a percentage of the Total Contract
Value, for each booking made through the platform.
8.9.8. Non-Transferable Rights: Users’ rights to receive payments from
HousingAnywhere cannot be transferred to third parties.
8.9.9. Payment Service Provider and Currency Exchange: HousingAnywhere
uses a third-party payment service Provider, which determines the exchange rate
in cases involving different currencies. In the event of a refund, the exchange rate.
on the day of the refund will be applied, and the Tenant is responsible for any
bank transaction or currency conversion fees. Users must ensure that
HousingAnywhere receives the correct amounts in the specified currency. Users
bear all exchange rate risks, including fluctuations.
8.10. Invoicing: Upon request, the Provider must issue the Tenant an invoice for the
total rental price, including any additional costs (e.g., utilities, cleaning fees) and any
applicable deposit. HousingAnywhere will provide the Provider with an invoice for the
commission fee, including any applicable sales tax or indirect taxes as required by
law. The Provider is the billing party for the rent, additional costs, and deposit, while
HousingAnywhere is the billing party for the Tenant Protection Fee.
8.11. Business Capacity and Tax Obligations: Unless HousingAnywhere is
informed otherwise, it is assumed that the Provider operates in a business capacity
and is aware of their tax obligations. HousingAnywhere may request evidence of the
Provider’s business status and compliance with tax obligations.
8.12. Additional On-Site Costs: The Provider reserves the right to charge
additional on-site costs based on consumption (e.g., electricity, water, heating).
These costs must be communicated to the Tenant before the agreement is
concluded and are not included in the Tenant Protection Fee calculation.
8.13. Commission Charges: As outlined in Article 8.9.7, a commission is charged
for every booking. The commission amount is either agreed upon during the sign-up
process or as determined by one of HousingAnywhere’s Account Managers.
8.14. Standard Commission Rate: The commission rate HousingAnywhere
charges is calculated as a percentage of the Total Contract Value for each booking
made through the platform. The applicable percentage may vary per jurisdiction and
is subject to change. The latest commission percentage/rates can always be found in
the pricing breakdown of each individual booking, located on the conversation page.
For details about how Total Contract Value is calculated, view our article on
commission fees.
8.15. Right to Change Commission Plans/Charges: HousingAnywhere reserves
the right to modify or change its commission structure and charges at any time. Any
changes will apply to future bookings and will be communicated in advance where
applicable. The latest commission percentage/rates can always be found in the
pricing breakdown of each individual booking, located on the conversation page, and
available to the Provider before each booking for acceptance. For details about how
Total Contract Value is calculated, view our article on commission fees.
8.16. Value Added Tax (VAT) and Sales Tax: VAT and Sales Tax are NOT included
in the rent price or commission fee and are calculated on top of these amounts.
8.17. Commission Calculation Example:
● Commission: X% of (monthly rent * the total rental period)
● Total Due Amount on the Invoice: Commission + VAT/Sales Tax
VAT and Sales Tax, where applicable, are not included in the rent price or
commission fee and are calculated in accordance with the relevant tax laws.
The most up-to-date information regarding the commission percentage/fees
and applicable taxes always be found in the pricing breakdown of each
individual booking, located on the conversation page, and available to the
Provider before each booking for acceptance.
Article 9: Subscriptions
💡 What it means: In most locations, HousingAnywhere is free to use. But in some
places (e.g., The Netherlands) tenants need a subscription to contact landlords.
Subscription fees include VAT, are non-refundable, and may change with notice.
9.1. Basic Use: The basic use of HousingAnywhere before a booking takes place is
free of charge, except for those geolocations indicated on the Platform where
subscriptions with subscription fees apply instead of Tenant Protection Fees.
9.2. Subscription Requirement: Tenants wanting to initiate a conversation with a
Provider in a region where subscriptions are enabled must first acquire a
subscription.
9.3. Subscription Prices: The prices for the subscriptions are listed on the Platform
and are visible to users searching for Accommodation in any of the areas where
subscriptions are enabled.
9.4. VAT Inclusion: Unless expressly specified otherwise, the subscription plan
prices referred to by HousingAnywhere include VAT.
9.5. Rate Changes: HousingAnywhere reserves the right to change the rates of the
subscription plans once per subscription period, provided this change does not occur
within 3 months of concluding the subscription agreement for the relevant
subscription period. HousingAnywhere will announce any rate changes by email at
least thirty (30) calendar days prior to their effective date. Users who are consumers
have the right to terminate the subscription agreement effective from the date the
changes take effect by providing written notice to HousingAnywhere before that date.
Continued use of the subscription after the effective date will be considered
acceptance of the new rates or terms.
9.6. Payment Methods: Payment of the subscription shall occur using one of the
available payment methods selected by the user on the Platform. After the first
subscription period, the due amount will be collected within 3 business days after
each subscription renewal.
9.7. Electronic Billing: The user agrees to receive electronic billing from
HousingAnywhere. Invoices will be sent to the email address provided by the user
during registration.
9.8. Subscription Activation and Renewal: The subscription becomes effective as
soon as the payment has been received by HousingAnywhere. At the end of each
subscription period, the subscription will automatically renew for the same duration
unless either party terminates the subscription with the notice period mentioned in
Article 9.9. If the subscription period is longer than 1 month, a Tenant who is a
consumer may terminate the subscription at any time after the renewal, with a notice
period of 1 month.
9.9. Renewal Notification: HousingAnywhere will notify the user of the upcoming
subscription renewal date prior to the billing day. The user can cancel the
subscription at any point no less than 24 hours before the renewal date.
9.10. Late Payment: If the payment deadline passes without receipt of payment,
HousingAnywhere reserves the right to automatically and immediately limit the user’s
subscription in a manner it reasonably deems fit, such as by preventing or restricting
access to the account.
9.11. Outstanding Payments: If HousingAnywhere is unable to collect the amount
due, and/or in the case of outstanding payment, the user is required to pay the
applicable statutory interest (wettelijke rente) and full compensation of the
extrajudicial costs (buitengerechtelijke incassokosten) as determined and calculated
according to Dutch law, in addition to the original amount due.
9.12. Non-Refundable Subscription Fee: The subscription fee is non-refundable. It
remains payable regardless of whether the Tenant secures any Accommodation
through the Platform during the subscription period or whether such Accommodation
meets the Tenant’s expectations. A refund of the subscription fee and/or the first
installment will only be granted if a Valid Reason, as defined in Article 15.10, applies,
or where such a refund is required under applicable mandatory Dutch law (dwingend
recht). No refunds will be issued in any other circumstances.
9.13. Right to Change Subscription Plans: HousingAnywhere reserves the right to
modify or change its subscription plans and associated charges at any time. Any
such changes will override any previously agreed-upon pricing, rendering all
pre-agreed pricing void. Providers and Tenants will be notified of these changes in
advance, and the new subscription rates will apply to all subsequent subscription
periods after the changes take effect.
Article 10: Security Deposit and Insurance
💡 What it means: Landlords can charge a security deposit. This must be
communicated clearly in advance and must be collected using HousingAnywhere's
secure payment system. Landlords must refund deposits per legal requirements and
provide clear refund instructions. HousingAnywhere is not an insurance company.
Instead, we partner with insurance providers to offer HousingAnywhere Rent
Guarantee. Our role is to collect and share tenant information and process payments
on behalf of landlords. This allows our selected insurance broker (INSURED) to
arrange contracts with our chosen insurance provider (Mila).
10.1. Charging a Security Deposit: Providers are allowed to include a security
deposit in their offer. After the tenant fulfills their booking obligations, the Provider
must communicate instructions for deposit payments and deadlines at least one
month before the move-in date. For last-minute bookings, these details should be
provided within 2 business days of payment and always before the move-in date. If
the Provider requires the security deposit to be paid on the day of arrival, the amount
and payment method must be clearly stated in the offer beforehand. The exact
amount of the security deposit must be specified prior to the booking being made.
10.2. Mandatory Secure Deposit Service: All users of the Platform are required to
use HousingAnywhere’s secure deposit service, before the move-in date. The
Provider must collect and manage the security deposit through HousingAnywhere,
and not through any other means outside the Platform, unless previously agreed with
HousingAnywhere. This ensures that the deposit is handled securely, protecting both
the Tenant and Provider throughout the rental process.
10.3. Changes to Security Deposit Terms: If the Provider did not mention the
security deposit when advertising their Accommodation but later demands one, and
the Tenant does not agree, this constitutes a refusal to render performance by the
Provider under the agreed contract. In such cases, the Tenant reserves the right to
cancel the booking, and the Provider is obligated to refund the Tenant. If the Provider
repeatedly fails to disclose the security deposit in the original listing and
subsequently demands one, they will be considered a repeat offender. In such
instances, HousingAnywhere reserves the right to charge the Provider a penalty fee
equivalent to 10% of the first month’s rent, which will be invoiced accordingly.
10.4. HousingAnywhere’s Non-Responsibility: HousingAnywhere is not
responsible for the administration of security deposits or for any claims asserted by
the Provider, except as outlined in the secure deposit service.
10.5. Refunding the Security Deposit: Providers must clearly communicate the
process for refunding the security deposit to the tenant by the end of the move-in
period. The Provider is responsible for returning the security deposit to the tenant at
the end of the lease. If the Provider decides to withhold all or part of the security
deposit, they must comply with all relevant laws and regulations. The Provider is
solely responsible for informing the tenant of the reason for withholding the refund
and must provide supporting evidence to justify the decision.
10.6. Insurance provided by HousingAnywhere: HousingAnywhere provides the
Advertiser with an insurance product that offers protection against unpaid rent and
damage to personal property and real estate.
HousingAnywhere has an exclusive relationship with the insurance broker INSURED
Service (lesassures.fr), a simplified joint-stock company incorporated under the laws
of France, whose head office is located at 12 rue Saint Antoine du T, 31000
Toulouse. It is registered in the Toulouse Trade and Companies Register under
number 793 993 890 RCS Toulouse and in the Single Register of Insurance,
Banking, and Finance Intermediaries under number 14000256 as an Insurance or
Reinsurance Broker (COA). It is licensed to act as an insurance broker within the
EU.
HousingAnywhere is not an insurance company, and all insurance and guarantee
services are provided by the insurance company Mila, an approved partner
specializing in these services, and the broker, INSURED Service. HousingAnywhere
solely acts as an insurance intermediary agent (French translation: "mandataire
d'intermédiaire d'assurance," abbreviated "MIA") through its wholly owned subsidiary
Studapart, which is registered as MIA under registration number 17007068 with
ORIAS, the organization responsible for the Official Register of Intermediaries in
Insurance, Banking, and Finance, overseen by the General Directorate of the
Treasury (Ministry of Economy) in France.
HousingAnywhere's role is therefore strictly limited to transmitting the information
notices and processing insurance contributions as a subscriber, on behalf of the
Advertiser.
Once a reservation to rent a property is finalized through the HousingAnywhere
platform that includes insurance, the confirmation email and all other legal
information regarding the insurance will be sent directly to the Advertiser by
INSURED Service, not by HousingAnywhere. The Advertiser is free not to subscribe
to the HousingAnywhere insurance as part of the online reservation process, as it is
offered as an optional, accessory service, free of charge. The Advertiser will benefit
from this option only if they offer the HousingAnywhere insurance to their Tenants
upon their booking.
The documentation relating to the HousingAnywhere insurance product is made
available by HousingAnywhere here. By accepting the terms and conditions, the
Advertiser also agrees to have read and accepted the insurance documentation
related to the HousingAnywhere insurance.
10.7 Payment Request Service Fee: HousingAnywhere may charge Tenants a
service fee of up to 2.5% for payment processing of payment requests issued
through the Platform. This fee is non-refundable.
Article 11: Duration and Termination
💡 What it means: As a user, your agreement with HousingAnywhere is open-ended.
You can end it anytime. We may end an agreement immediately for reasons like
non-payment, legal issues, or insolvency.
11.1. Indefinite Agreement: The agreement between the user and
HousingAnywhere is concluded for an indefinite period.
11.2. User Termination: The user may terminate the agreement at any time without
notice. However, any existing leases between the user and other users remain
unaffected by the termination of the user agreement. This also applies to any
outstanding claims for the payment of Tenant Protection Fees. For subscriptions,
termination conditions are outlined in Article 9.9.
11.3. HousingAnywhere Termination: HousingAnywhere may terminate the user
agreement at any time with two weeks’ notice. Notification via email is sufficient for
this purpose. However, HousingAnywhere reserves the right to terminate the
agreement immediately without notice if there is just cause, such as a significant
breach of these General Terms and Conditions, illegal activity, or other serious
violations.
11.4. Just Cause Termination and Blocking Rights: HousingAnywhere retains the
right to block a user’s account, terminate the agreement for just cause, or exercise
any individually agreed rights of termination. Just cause for termination or blocking
includes, but is not limited to:
11.4.1. Non-Payment: The user fails to meet a significant payment obligation, in
whole or in part, despite having received a reminder with an appropriate deadline.
11.4.2. Violation of Obligations: The user violates their obligations under these
General Terms and Conditions and fails to remedy the breach despite having
received a reminder with a timely deadline. In cases where a reminder is unlikely
to be effective or the breach is severe enough that maintaining the agreement
would be unreasonable, a reminder is not required.
11.4.3. Legal or Official Restrictions: Changes in law, court orders, or official
requirements that make it impossible to offer the Platform in its current form.
11.4.4. Discontinuation of Services: HousingAnywhere decides to discontinue
its Platform or business activities.
11.4.5. Insolvency: Insolvency proceedings are initiated against the user’s assets
due to a lack of funds.
Article 12: Measures in the Event of Illegal Conduct
and/or Breach of Agreement by the User
💡 What it means: For legal or policy violations, we may issue warnings, delete
content, restrict access, or block users. If you commit a more serious offense, like
providing incorrect info or harming others, we may permanently block you. Users are
liable for damages and must comply with applicable laws, including but not limited to
DAC7.
12.1. Actions for Violation: If there are specific indications that a user is culpably
violating legal provisions, third-party rights, or these General Terms and Conditions,
or if HousingAnywhere has a legitimate interest, particularly in protecting its users
against fraudulent activities, HousingAnywhere may take one or more of the
following actions, including termination without notice:
12.1.1. Warning: Issue a warning to the user.
12.1.2. Content Deletion: Remove the user’s offers or other content from the
Platform.
12.1.3. Usage Restrictions: Restrict the user’s access to and use of the website.
12.1.4. Exclusion: Temporarily or permanently exclude (block) the user from the
website.
12.1.5. Lease Cancellation: Cancel existing leases on behalf of the Provider
without considering any otherwise applicable cancellation policies and reject the
user’s offers to conclude a lease on behalf of the Provider.
12.2. Consideration of User Interest: When choosing these measures,
HousingAnywhere will take into account the legitimate interests of the user in
question.
12.3. Effect on Existing Leases: Leases that have already been concluded
between the user and other users are not affected by the deletion of an offer. This
also applies to claims for the payment of Tenant Protection Fees that are already
due. An effective lease does not arise if HousingAnywhere deletes an offer before it
is accepted.
12.4. Permanent Blocking: HousingAnywhere reserves the right to permanently
block a user under the following circumstances. Where reasonable,
HousingAnywhere will provide prior warning to give the user an opportunity to
address the issue or take remedial action. However, if a prior warning is deemed
unreasonable, such as when blocking is necessary to prevent damage to
HousingAnywhere or another user, the user will be informed immediately after the
blocking and given an opportunity to comment and take remedial action. The right to
permanently block a user exists if:
12.4.1. Incorrect Contact Information: The user has provided incorrect contact
information in their user account, particularly an incorrect or invalid email address.
12.4.2. Account Transfer: The user has transferred their account to another
party.
12.4.3. Harm to Other Users: The user has significantly harmed other users,
particularly through damage, destruction, or theft of Accommodations and/or
furnishings.
12.4.4. Just Cause: There is just cause due to similar risk and responsibility of
the user.
12.5. No Right to Restore Blocked Account: Once HousingAnywhere has
permanently blocked a user, the user is not entitled to have the blocked account
restored. Additionally, the user will no longer be permitted to use the website with
other accounts or to re-register on the Platform.
12.6. Liability for Damages: The user is liable for any damages incurred by
HousingAnywhere resulting from a violation of these General Terms and Conditions.
HousingAnywhere reserves the right to recover damages from the user.
Furthermore, the user agrees to indemnify and hold HousingAnywhere harmless
from any third-party claims arising from the user’s infringement of these General
Terms and Conditions.
12.7. Non-Compliance with DAC7: Failure to comply with DAC7-related information
requests may result in account suspension, withholding of payments, or other legal
actions. HousingAnywhere reserves the right to take necessary measures to ensure
compliance with DAC7 and other applicable laws.
12.8. Penalty guidelines: Specific penalties for violations: Misleading Content: EUR
250 fine per instance. Circumvention of Platform Rules: Fine of one month’s rent or
EUR 1,000, whichever is higher. Failure to Resolve Disputes: Withholding of
payment or additional penalties as per Article 15. HousingAnywhere will notify the
user of any penalty via email, providing fourteen (14) days for dispute or payment
before further action is taken.
Article 13: Conversations via HousingAnywhere
💡 What it means: We collect message data to prevent fraud and keep our users
safe, in compliance with the applicable laws. For details on how we handle data,
view our Privacy Policy.
13.1. Data Collection: HousingAnywhere collects data from conversations that
occur on our messaging Platform via the inbox window on the HousingAnywhere
website. The primary purpose of collecting this data is to prevent fraud and ensure
the security of our users. For more detailed information about how and why we
collect this data, please refer to our Privacy policy.
13.2. Compliance with Laws: All information collected, used, and retained by
HousingAnywhere through the website will be handled in strict compliance with
applicable laws and regulations, ensuring the privacy and protection of user data.
Article 14: HousingAnywhere Liability
💡 What it means: HousingAnywhere is fully liable for intentional or grossly negligent
damages and specific guarantees. For other damages, liability is limited to typical
and foreseeable damages. We don’t handle tenant–landlord contract issues. And we
assist with complaints only until 48 hours after the move-in date.
14.1. Full Liability: HousingAnywhere is fully liable for damages caused with intent
or through gross negligence by HousingAnywhere, its employees or agents, for
fraudulent concealment of defects and if a guarantee was expressly assumed.
14.2. Limited Liability for Other Damages: HousingAnywhere is liable for other
damages only if they arise from violation of a duty whose fulfillment makes the
proper implementation of the agreement possible and compliance with which it is
regularly trusted by the parties to the agreement. Its duty to pay compensation is
limited to such damages that are considered typical for the agreement and
foreseeable.
14.3. No Liability for Tenant-Provider Contracts: As HousingAnywhere is not a
party to any contractual relationship between the Tenant and the Provider,
HousingAnywhere accepts no liability for contracts for Accommodation.
14.4. Complaint Handling Within Move-in Period: Until the expiration of the first
48 hours following the move-in date as recorded on the Platform, Users may submit
a complaint to HousingAnywhere if issues arise concerning the Accommodation, the
Provider, the Tenant, or the functioning of the Platform.
Complaints must be submitted in written form, including through email or the
HousingAnywhere messaging system, and must clearly describe the issue and
provide any available supporting evidence.
HousingAnywhere may review the complaint and, where appropriate, facilitate
communication between the Tenant and the Provider in an effort to resolve the issue.
Submitting a complaint does not constitute a cancellation request. If a Tenant wishes
to cancel the booking and request a refund, the Tenant must submit a cancellation
request in accordance with Article 15.3 and within the inspection window described
in Article 15.4.
14.5. Complaints After 48 Hours: HousingAnywhere will not provide the assistance
specified in Article 14.4 if the complaint is received by HousingAnywhere after the
expiration of the first 48 hours from the date of the start of the Booking as mentioned
on the Platform.
Article 15. Cancellation and Refund Policy for
Accommodation
💡 What it means: Landlords can choose between a Strict and Flexible cancellation
policy. We handle payment of the first month’s rent and Tenant Protection fee. Our
involvement after the move-in period (48 hours from the move-in date) is limited to
payment requests. For specific info on cancellation policies and refunds, read each
subsection of this Article carefully.
15.1. Cancellation Policy Types: HousingAnywhere offers two types of cancellation
policies for Accommodation: Strict and Flexible. By default, all listings are assigned a
Strict Cancellation Policy.
15.2. Selection of Policy: Providers can choose the cancellation policy they wish to
apply to their listings. The selected policy will be visible to users on the listing’s page
and in the conversation page. The cancellation policy that applies to a booking is the
one in effect at the time the conversation between the Tenant and the Provider
began.
15.3. Cancellation Requests.
15.3.1. Cancellation submission method: All cancellation requests must be
submitted exclusively through the official cancellation form available on the
conversation page on the Platform.
Requests submitted through any other channel (including email, chat messages,
or phone calls) shall not be considered valid.
15.3.2. Timing Requirement: Cancellation requests can be submitted within the
applicable deadlines set out in the Article 15.7 and 15.8, but no later than the
registered move-in window described in Article 15.4.
15.3.3. Complaints vs Cancellation Requests: If a Tenant wishes to cancel a
booking and request a refund, the Tenant must submit a cancellation request
through the official cancellation form in accordance with Article 15.3.1 and 15.3.2.
Complaints submitted through other channels will be treated solely as requests for
assistance or mediation. Submitting a complaint does not constitute a cancellation
request.
15.3.4. Inadmissible Cancellation Requests: The conditions outlined in clauses
15.3.1 to 15.3.3 are cumulative. Any cancellation request that does not satisfy all
the indicated requirements will be considered inadmissible. Consequently,
HousingAnywhere will not proceed with a formal or material review of such a
request.
15.4. Move-in Window (48-hour Inspection Period): The move-in inspection
window begins at 00:00 UTC (midnight) on the move-in date registered on the
Platform and expires forty-eight (48) hours later at 23:59 UTC on the following
calendar day. During this period, the Tenant has the right to inspect the
Accommodation and may submit a cancellation request through the Platform in
accordance with Article 15.3 to claim a refund, if a Valid Reason exists as defined in
Article 15.10.
For example, if the registered move-in date is 1 January, the move-in window ends
at 23:59 UTC on 2 January.
HousingAnywhere will rely exclusively on the move-in date recorded on the Platform
when determining whether a cancellation request was submitted within the move-in
window.
15.4.1. Accuracy of Booking Dates and 48-hour Move-in Window: Users are
solely responsible for ensuring that the official booking dates on
HousingAnywhere accurately reflect the actual rental period, as these dates
determine the applicable move-in inspection window.
15.4.2. Change of the rental period: If necessary, users may request a change
to the booking dates by submitting a date change form through the conversation
on the Platform. Such requests must be submitted either:
● No later than 3 days before the scheduled move-in date (e.g., if the
move-in date is 1 April, a request can be submitted until 29 March, end of
day), or
● No more than 105 days after the booking confirmation date: If the
booking was confirmed more than 105 days before the move-in date, any date
change request must be made within those first 105 days following
confirmation. After this period, HousingAnywhere is required to transfer the
first month’s rent to the Provider, and date changes can no longer be
accommodated (e.g., if the booking is confirmed on 1 May for a move-in date
of 30 December, a request can be submitted until 14 August, end of day).
Failure to keep the booking dates up to date may result in the move-in window
being calculated based solely on the dates registered on the Platform.
15.4.3. Limitations on Rental Period Changes: Once the applicable deadlines
from Article 15.4.2 have passed, any change to the rental period will no longer be
possible through the HousingAnywhere Platform. If Users wish to adjust the
booking dates after this period, such adjustments must be agreed directly
between the Users, based on the rental contract provided by the Provider (if
applicable). In such cases, the Provider may, at their discretion, update the rental
contract and adjust the availability calendar of the listing accordingly. However, the
official booking dates recorded on the Platform remain binding and cannot be
amended once the applicable change period has expired.
15.5. Effect of Expiry of the Move-in Window: Once the Move-in Window
described in Article 15.4 has expired, the booking is deemed accepted, and
HousingAnywhere will proceed with transferring the first instalment to the Provider in
accordance with Article 8. After this time, cancellations and refunds are no longer
available.
15.6. Right to Assess Cancellation and Refund Requests in Case of Payout
Delay: In cases where HousingAnywhere delays payment to the Provider due to
fraud prevention, risk assessment, or operational review, HousingAnywhere reserves
the right to assess cancellation or refund requests after the Move-in Window,
provided that such requests are not deemed inadmissible, as set out in Articles
15.3.4 (for cancellation requests) and 15.10.1 (for refund requests).
15.7. Cancellations Before Move-in Date: Any cancellation made before the
move-in date registered on the Platform will be assessed in accordance with the
cancellation policy applicable to the listing, as selected by the Provider (e.g., Strict or
Flexible).
15.7.1. Strict Cancellation Policy: This policy explains when a Tenant can
cancel a booking and what refund, if any, will be given:
● Within 24 Hours of Booking Confirmation: If the Tenant cancels within
twenty-four (24) hours after the booking is confirmed on HousingAnywhere,
the first month’s rent shall be automatically refunded. The one-time Tenant
Protection Fee remains non-refundable.
● After 24 Hours and Before Move-in Date: If the Tenant cancels more than
twenty-four (24) hours after booking confirmation, but before the official
move-in date, the first month’s rent and the one-time Tenant Protection Fee
are non-refundable.
15.7.2. Flexible Cancellation Policy: This policy applies exclusively to listings for
which the Provider has expressly selected the Flexible Cancellation Policy, as
stated in the Article 15.1 and 15.2. This policy sets out the conditions under which
a Tenant may cancel a booking and the corresponding refund entitlements:
● Within 24 Hours of Booking Confirmation: If the Tenant cancels within
twenty-four (24) hours after the booking is confirmed on HousingAnywhere,
the first month’s rent shall be automatically refunded. The one-time Tenant
Protection Fee remains non-refundable.
● 31 days or more before the official move-in date: If the Tenant cancels
thirty-one (31) days or more before the official move-in date, the first month’s
rent shall be automatically refunded. The one-time Tenant Protection Fee
remains non-refundable.
● Between 30 and 8 days before the move-in date: If the Tenant cancels
between thirty (30) and eight (8) days before the official move-in date, fifty
percent (50%) of the first month’s rent shall be automatically refunded. The
remaining fifty percent (50%) of the first month’s rent and the one-time Tenant
Protection Fee remain non-refundable.
● 7 days or less before move-in date: If the Tenant cancels seven (7) days or
fewer before the official move-in date, the first month’s rent and the one-time
Tenant Protection Fee remain non-refundable.
15.8. Cancellations During Move-in Window: For cancellations submitted within
the first forty-eight (48) hours of the move-in window, as specified in Article 15.4,
HousingAnywhere always contacts both parties, the Tenant and the Provider, to
ensure a fair and complete review. Our priority is to help resolve any reported issues
so that tenants can continue their stay whenever possible. If the advertiser is unable
to address the problems and the accommodation is deemed unsuitable for living, as
per Article 15.10.2, HousingAnywhere will take the necessary steps regarding the
Tenant’s refund claim.
15.8.1. Right to Remain During Cancellation Assessment (48-Hour Move-In
Window): If a Tenant submits a cancellation request within the 48-hour move-in
window, the Tenant shall be entitled to remain in the accommodation during the
period in which the cancellation request is being assessed. This right of stay
applies solely for the duration of the review process and does not constitute
acceptance of the cancellation claim or entitlement to a refund. The final outcome
of the cancellation request will be determined in accordance with the applicable
Terms and Conditions, based on the evidence provided by the parties. In the
event that the Tenant decides to move out during the assessment period,
HousingAnywhere shall not bear any responsibility or liability for any costs,
expenses or consequences arising out of or related to the move-out process
15.8.2 Tenant Relocation at Own Risk During Assessment: If, during the
cancellation assessment period referred to in Clause 15.8.1, the Tenant chooses
to secure alternative accommodation before a final decision has been issued,
such action shall be taken at the Tenant’s own risk and expense. The Provider
shall be entitled to propose and implement an appropriate action plan to address
any reported issues with the accommodation, preferably within a period of five (5)
business days from the registered move-in date on HousingAnywhere. For the
avoidance of doubt, issues constituting a material difference as referred to in
clause 15.10.2.2 may be considered rectifiable where the Provider successfully
remedies such issues within this timeframe. In such cases, where the
accommodation is rendered fully usable, the cancellation request may be denied,
and no refund shall be payable to the Tenant, in accordance with the applicable
Terms and Conditions.
15.9. HousingAnywhere role: HousingAnywhere is only responsible for processing
the first month’s rent and the Tenant Protection Fee collected at the time of the initial
booking confirmation. HousingAnywhere is not responsible for processing any other
payments, such as deposits, utility bills, or subsequent monthly rents, if those
payments were made outside of the platform.
15.9.1. Refund of Payments Made via Payment Request Feature: Any
payments made by the Tenant through the HousingAnywhere Payment Request
feature, using a payment link created by the Provider, shall be refunded to the
Tenant in the event of a cancellation. Any HousingAnywhere service fee charged
in connection with processing such a payment request shall remain
non-refundable.
15.9.2. Refund of Payments Made Directly to the Provider: HousingAnywhere
shall not be responsible or liable for the refund of any payments made outside the
Platform directly to the Provider. Any such payments, including the arrangement
and execution of any refund thereof, shall be the sole responsibility of the Tenant
and the Provider. HousingAnywhere shall not participate in, facilitate, or be
involved in such refund process.
15.10. Refund Conditions and Eligibility Criteria
15.10.1. Applicability of Refund Conditions: Refunds of the first month’s rent
and the one-time Tenant Protection fee may only be granted where one or more of
the refund conditions set out in this Article apply. Any refund request must be
submitted through the cancellation form in accordance with Article 15.3 and within
the time frames specified in Articles 15.4 or 15.7. Any refund request that does not
comply with these criteria will be considered inadmissible and will not be assessed
by HousingAnywhere.
HousingAnywhere will assess the request based on the evidence provided by the
Parties and may request additional information from either the Tenant or the
Provider where necessary. A decision will be made based on the available
evidence and in accordance with the applicable provisions of these General Terms
and Conditions, and will be communicated to the Parties accordingly.
15.10.2. Refund Eligibility (Valid Reasons): Refunds of the first instalment and
the Tenant Protection fee may only be granted where one or more of the refund
conditions set out in this Article are met. In these cases, the Accommodation will
be deemed as unsuitable for living. As a general rule, a refund will only be
considered if at least one of the following applies:
● The cancellation falls within the Flexible Cancellation Policy as set out in
Article 15.7.2, and presents a valid reason for a refund as per Articles
15.10.2.1 - 15.10.2.5.
● The booking is cancelled by the Tenant within twenty-four (24) hours of
booking confirmation as set out in Article 15.7, and presents a valid reason for
a refund as per Articles 15.10.2.1 - 15.10.2.5.
● The Accommodation is unavailable at the time of move-in, as per Article
15.10.2.1.
● The Accommodation materially differs from the description provided in the
listing, as per Article 15.10.2.2.
● Force majeure circumstances prevent the Tenant from moving in, as per
Article 15.10.2.3.
● The Provider is in breach of the booking agreement, as per Article 15.10.2.4.
● The Provider cancels the booking before the move-in date, as per Article
15.10.2.5.
15.10.2.1. Accommodation’s unavailability: The Accommodation is not
available for the Tenant’s use during the confirmed booking period (for
example, incorrect or missing keys or access instructions, the Accommodation
is already occupied by another person or does not exist), and such
unavailability is not due to the Tenant’s failure to complete the required
check-in procedures or obligations (for example, this includes mandatory
pre-arrival or check-in requirements, such as the payment of a security
deposit before arrival, the signing of a rental agreement, or the completion of
any other required steps as a condition for receiving the keys). This clause will
not be considered valid if the Tenant has accepted an alternative
accommodation offered by the advertiser as per Articles 15.11.12 and 15.17.
15.10.2.2 Material Differences: A “Material Difference” exists where the
actual characteristics of the Accommodation differ substantially from, and are
materially worse than, those described in the listing, to such an extent that the
Accommodation cannot reasonably be used as intended. Such difference
shall qualify as a Material Difference only where the issues cannot be
remedied by the Provider, preferably within five (5) business days from the
move-in date. In such circumstances, the Tenant may be justified in
terminating the lease agreement with the Provider.
Material Differences may include, but are not limited to:
● The Accommodation type is fundamentally different from what was
advertised (e.g., a shared room instead of a private room).
● The absence of essential features explicitly stated in the listing (e.g.,
accommodation located on the ground floor instead of the top floor).
● The absence of vital amenities stated in the listing (e.g. a lack of running
water, heating, air conditioning, electricity).
● The Accommodation does not exist at the advertised address.
● A downgrade in the quality or characteristics of the Accommodation at the
time of the booking (e.g. a single bed instead of a king-size bed), where
the Provider is unable to remedy such downgrade and deliver the
promised amenities.
● House rules that have not been disclosed by the Provider in the listing
before the booking and materially restrict the Tenant’s use of essential
facilities within the Accommodation in a manner that is substantially
inconsistent with the listing. This may include, but is not limited to,
significant limitations on the use of the kitchen (e.g. restricted hours),
limited access to essential appliances (e.g. washing facilities available
only on specific days or times), or the imposition of undisclosed dietary or
cooking restrictions.
For the avoidance of doubt, house rules that are considered typical,
reasonable, and commonly applied in residential settings shall not
constitute valid grounds for cancellation. Such rules include, but are not
limited to: maintaining general respectful behavior (e.g. keeping noise at a
reasonable level, particularly during evenings and nighttime, and
complying with building or community regulations); ensuring basic
cleanliness and maintenance (e.g. keeping the Accommodation clean and
reporting damages in a timely manner); complying with guest policies (e.g.
informing the Provider of guests, especially long-term stays, where
required by the rental agreement); and adhering to standard policies
regarding pets and smoking (e.g. obtaining prior approval for pets and
respecting any smoking restrictions).
For a Material Difference to justify a cancellation or refund, it must result in a
material disadvantage to the Tenant. Any differences that constitute an
improvement or upgrade to the Accommodation or its amenities compared to
those advertised (e.g. newer kitchen, a larger bed, or additional features such
as a balcony) shall not qualify as a Material Difference for such purposes.
15.10.2.3 Force Majeure: The Tenant is unable to move into the
Accommodation due to unforeseeable circumstances that are not attributable
to the Tenant within the meaning of Article 6:75 of the Dutch Civil Code (force
majeure/overmacht), excluding changes of plans, travel delays, and illness,
which remain the Tenant's risk.
15.10.2.4 Circumstances Attributed to the Provider: This condition applies
where the Tenant cancels the booking due to a breach of the booking
agreement by the Provider. Such breaches may include, but are not limited to,
charging a higher price than originally advertised, failing to honour
commitments agreed between the Parties before booking confirmation on the
Platform, or not providing services or conditions that were explicitly offered in
the listing (e.g. the possibility of registration).
15.10.2.5. Provider Cancellation: This condition applies to any cancellation
made by the Provider before the move-in date, including cancellations
occurring within the 48-hour move-in inspection window, provided that the
reason for cancellation is not attributable to the Tenant. In such cases, the first
instalment and the Tenant Protection Fee shall be refunded to the Tenant.
For the avoidance of doubt, this provision does not apply where the Provider
cancels the booking within the 48-hour move-in inspection window for reasons
attributable to the Tenant, specified in Article 15.14.4.
15.11. Non-Refundable Situations (Invalid Reasons): Refunds shall not be
granted in any circumstances other than those expressly set out in Article 15.10.
Without limitation, refunds will not be provided in the following situations:
15.11.1. Personal Preferences: The Accommodation does not meet the Tenant’s
personal preferences, including taste, religious, or ideological considerations (e.g.,
sharing with individuals of another gender).
15.11.2. Cleanliness: The Accommodation is not clean.
15.11.3. Neighbourhood/Apartment Building Safety Perception: The
Accommodation is located in a neighbourhood/apartment building perceived as
less safe.
15.11.4. Noise Disturbances: The Accommodation is affected by noise-related
disturbances.
15.11.5. Medical Unsuitability: The Accommodation is unsuitable due to the
Tenant’s personal medical conditions.
15.11.6. Minor Defects Remediable by Provider: The Accommodation presents
minor defects or differences from the listing that could not reasonably have been
known in advance and that the Provider is able to remedy within the first fourteen
(14) days of the tenancy.
15.11.7. Tenant Travel or Personal Issues: The Tenant is unable to reach the
Accommodation due to personal circumstances, including changes of mind, plans,
travel delays, illness, or double bookings.
15.11.8. Late Reporting: The Tenant fails to report the issue before or within the
48-hour move-in inspection window following the registered move-in date on the
Platform, as per Articles 15.3, 15.4 and 15.7.
15.11.9. Non-Material Differences: Certain discrepancies shall not be considered
Material Differences and do not justify termination of the lease agreement. These
include, without limitation: normal wear and tear of furniture and fixtures; updates
or replacements resulting in similar or newer items (e.g., a different bed of the
same size); minor variations in light, layout perception, or aesthetics; cosmetic
changes such as repainting; minor scuffs, scratches, or marks on walls or floors;
faded paint; small nail holes; light stains on carpets or upholstery; slightly worn
furniture, handles, or fixtures; and ageing appliances that remain functional and fit
for purpose.
15.11.10. Non-Severe Mold: The presence of non-severe mold, defined as minor,
localised surface mold that may occur in moisture-prone or condensation areas
(such as bathrooms, shower corners, tile grout, window frames, or window seals),
provided that it is limited in scope, can be removed through regular cleaning, and
does not affect the habitability of the Accommodation. Such conditions do not
constitute a material defect and do not qualify as valid grounds for a refund or
cancellation.
15.11.11. No-Show or No-Occupancy: Situations where the Tenant fails to check
in to or occupy the Accommodation are governed by the provisions set out in
Article 15.15.
15.11.12. Acceptance of the alternative accommodation: The Tenant accepted
the alternative accommodation offered by the Provider, as per Article 15.17.
15.12. Reporting Issues: If the Tenant identifies any minor issues with the
Accommodation that do not prevent the overall stay and the Tenant wishes to
continue occupying the Accommodation, the Tenant must inform the Provider within
48 hours of the move-in window.
If the Tenant identifies major issues within the first 48 hours from the move-in window
and wishes to cancel the booking as a result, the Tenant is required to submit an
official cancellation request in accordance with paragraphs 15.3 and 15.4. Failure to
submit a cancellation request within the above timeframes will be deemed
acceptance of the Accommodation in its current condition.
15.13. Evidence Gathering: Users are solely responsible for collecting any
evidence (e.g., photos, videos, or documentation) to support their claim.
HousingAnywhere will not collect evidence on behalf of either party. Neither party
should obstruct the other from gathering necessary evidence (e.g., pictures, videos,
etc.) to support their claim in the event of a dispute.
15.14. Requirements and Timeframe for Provider-Initiated Cancellations:
Providers must submit any cancellation request exclusively through the cancellation
form available on the conversation page, in accordance with Article 15.3.1. Such
requests must be submitted no later than the end of the 48-hour move-in inspection
window as specified in Article 15.4.
15.14.1. Refunds in Case of Provider Cancellation Before Move-in: Where the
Provider cancels a booking before the move-in date, the Tenant shall be entitled to
a full refund of the first instalment and the one-time Tenant Protection Fee. This
does not apply where the Provider submits the cancellation within the 48-hour
move-in inspection window, and the reason for such cancellation is attributable to
the Tenant.
15.14.2. Consequences of Provider Cancellation: Providers who cancel a
booking after confirmation may be subject to penalties in accordance with the
applicable cancellation policy, without exception, based on timing. In the event of
a cancellation before the move-in date, no payout shall be made to the Provider.
This exclusion does not apply where the Provider cancels within the 48-hour
move-in inspection window for reasons attributable to the Tenant.
15.14.3. Penalties for Provider-Initiated Cancellations: Where a Provider
cancels a booking for reasons attributable to the Provider, the following penalties
shall apply. The first such cancellation shall not incur a financial penalty; however,
the relevant listing shall be placed at the bottom of the search results for a period
of two (2) weeks. In the event of any subsequent cancellation, the Provider shall
be liable to pay a fee equal to ten percent (10%) of the first month’s rent, and the
listing shall again be placed at the bottom of the search results for a period of two
(2) weeks.
Without prejudice to the foregoing, where a cancellation occurs within fourteen
(14) days before the scheduled arrival date, or at any time thereafter, including
after the tenant has moved into the accommodation, and such cancellation is
attributable to the Provider, the Provider shall incur a fixed penalty of six hundred
euros (€600).
Any applicable fees shall be invoiced separately, and further details shall be
communicated by email. No penalty shall apply where the cancellation is based
on a valid reason as set out in Articles 15.10.2.5 and 15.14.4.
15.14.4. Valid Reasons for Waiver of Cancellation Penalties:
HousingAnywhere may, at its discretion, waive applicable cancellation penalties
where the Provider submits the cancellation within the move-in window and
demonstrates a valid reason for cancellation, including but not limited to:
● Significant damage to the property (such as fire, flood, or structural failure)
that cannot be remedied within five (5) business days of the move-in date.
● Unlawful occupation of the property where eviction cannot be completed
within five (5) business days.
● A Tenant’s clear intention to violate the rules specified in the listing.
● Submission of forged or fraudulent documents by the Tenant (such as
identification or proof of income)
● Force majeure events, including but not limited to government-declared
epidemics or public health emergencies, travel restrictions, armed conflicts, or
natural disasters.
15.15. No-Show or Non-Occupancy: If the Tenant does not show up or refuses to
occupy the Accommodation, without submitting a valid cancellation request under
Articles 15.3 and 15.4, the booking will be treated as a no-show.
HousingAnywhere will transfer the first instalment to the Provider to compensate for
the loss related to not renting the Accommodation. The Tenant Protection Fee and
the Provider’s commission remain with HousingAnywhere as compensation for its
services.
15.15.1. Providers' Obligations in case of No-Show: In the event of a
suspected “No-Show,” the Provider shall make reasonable efforts to contact the
Tenant using the communication channels available on the Platform. The Provider
shall set a clear and reasonable deadline for the Tenant to respond, which, unless
otherwise agreed in advance, shall not extend beyond the expiry of the 48-hour
move-in window. If the Tenant fails to respond within this timeframe, the Provider
may classify the booking as a “No-Show.”
15.16. Provider’s Approved Refund: If the Tenant decides not to move into the
Accommodation for reasons that are not attributable to the Provider and do not
qualify for a refund under Article 15.10, the Tenant may request a refund of the first
instalment directly from the Provider. The Provider has full discretion to decide
whether to grant such a refund.
If the Provider agrees to provide a refund, they must inform HousingAnywhere. If the
first instalment has already been transferred to the Provider, the Provider is solely
responsible for refunding the Tenant directly. HousingAnywhere is not involved in this
transaction. Any commission deducted from the first instalment shall not be refunded
to either the Tenant or the Provider, unless required by applicable law.
15.17. Alternative Accommodation: If the Provider is unable to provide the
originally booked Accommodation for reasons attributable to the Provider, the
Provider may offer the Tenant an alternative accommodation. Any such alternative
accommodation must be of equal or higher standard than the originally booked
Accommodation and include substantially similar amenities.
If the Tenant accepts the alternative accommodation outside the HousingAnywhere
Platform, without an official rebooking being processed and confirmed on the
Platform, the original booking shall be considered fully fulfilled. In such cases, the
Tenant expressly and irrevocably waives any right to claim a refund, compensation,
or any other remedy in relation to the original booking or the originally booked
Accommodation.
This provision does not apply where the alternative accommodation is formally
rebooked and confirmed through the HousingAnywhere Platform.
15.18. Rental Contract Compliance with Local Laws and Refund Eligibility:
HousingAnywhere does not assess, verify, or enforce the compliance of rental
contracts with applicable local laws and regulations. This responsibility lies solely
with the Provider. If a Tenant believes that a rental contract does not comply with
local legal requirements, they are responsible for addressing the matter directly with
the Provider or the appropriate legal authorities. Refund decisions are made strictly
based on the booking agreement established through the HousingAnywhere
platform. HousingAnywhere may intervene only in cases where there is clear
evidence that the Provider has breached the agreed booking terms, such as
providing inconsistent pricing or failing to make the accommodation available as
confirmed.
15.19. Cancellation Decisions and Rental Contract Responsibility: In the event
of a cancellation, HousingAnywhere will make an independent and informed decision
regarding the Tenant’s eligibility for a refund based on the evidence provided and the
cancellation submission requirements described in Article 15.3. If the Tenant and the
Provider have entered into a direct rental agreement, this will not affect the
cancellation process under HousingAnywhere. All decisions will be made in
accordance with HousingAnywhere’s Terms and Conditions, and any rental contract
issued by the Provider must comply with HousingAnywhere’s cancellation policies.
Any disputes arising from a signed rental contract between the Tenant and the
Provider must be resolved solely between the parties involved, and
HousingAnywhere will not mediate or intervene in matters related to the withdrawal
or enforcement of such agreements.
15.20. Exchange Rate: HousingAnywhere has no role in determining the exchange
rate. In the case of a refund, the daily exchange rate at the time of the refund will be
used, regardless of whether the exchange rate was different when the payment was
originally made. Additionally, in refund cases, the Tenant is responsible for their own
bank's transaction costs and any currency conversion service fees charged by their
bank.
15.21. Timing of Funds: A refund to the Tenant will be processed as soon as
possible, but no later than thirty (30) days after it has been conclusively determined,
in accordance with these General Terms and Conditions, that the Tenant is entitled to
such a refund.
Article 16: User Verification, Background Checks and
Credit Checks
💡 What it means: Landlords need to verify their identity before publishing a listing.
We may run background and credit checks on landlords and tenants to check their
financial reliability and keep everyone safe. You consent to these checks by using
HousingAnywhere.
16.1. Identity Verification: HousingAnywhere requires all Providers to complete a
mandatory identity verification process before listing any Accommodation on the
Platform. This process includes submitting identification documents and, if
necessary, additional verification steps. HousingAnywhere reserves the right to
suspend or block any account that fails to meet these verification requirements.
16.2. Background Checks: To enhance the security and trustworthiness of the
Platform, HousingAnywhere may conduct background checks on both Providers and
Tenants. These checks are intended to prevent fraud and ensure the safety of all
users. By using the Platform, users consent to such checks as part of the registration
and booking process.
16.3. Credit Checks: HousingAnywhere reserves the right to request credit checks
from Tenants as part of the verification process. This may include obtaining credit
reports or other financial information to assess the Tenant's ability to meet rental
obligations. By using the Platform, Tenants consent to HousingAnywhere conducting
these credit checks if deemed necessary. HousingAnywhere will notify the Tenant if
such a check is required, and the Tenant may be asked to provide additional
documentation or authorization.
Article 17: Dispute Resolution and Arbitration
💡 What it means: Before contacting us with a dispute, landlords and tenants should
first try to resolve it between themselves. If needed, we’ll review evidence and issue
a binding decision. Disputes can be escalated to binding arbitration at the Dutch
Arbitration Institute in Rotterdam, in English or Dutch.
17.1. Dispute Resolution: In the event of a dispute between users that cannot be
resolved through direct communication, HousingAnywhere encourages the parties to
seek an amicable resolution. If this is not possible, users may escalate the dispute to
HousingAnywhere, which will review the evidence provided by both parties and issue
a binding decision.
17.2. Arbitration Clause: If a dispute cannot be resolved through the methods
described above, and if both parties agree, the dispute may be submitted to binding
arbitration in accordance with the rules of the Dutch Arbitration Institute (Nederlands
Arbitrage Instituut). The arbitration will take place in Rotterdam, The Netherlands,
and the language of arbitration will be English or Dutch.
Article 18: User Responsibility and Code of Conduct
💡 What it means: You must act respectfully and lawfully at all times. Harassment,
discrimination, or illegal activities may lead to account suspension or blocking, and
potential legal action.
18.1. User Responsibilities: Users of the Platform are expected to behave
respectfully and lawfully at all times. This includes providing accurate information,
maintaining the cleanliness and integrity of the Accommodation, and complying with
all relevant laws and regulations.
18.2. Code of Conduct: Users must refrain from any form of harassment,
discrimination, or illegal activities while using the Platform. Any behavior that disrupts
the safety and security of other users may result in suspension or termination of the
user’s account, in addition to any legal actions HousingAnywhere may deem
necessary.
Article 19: Advice for Users
💡 What it means: Landlords and tenants should use a formal contract.
HousingAnywhere isn’t a party in these agreements. As a user, you should seek
legal advice to make sure your contract is valid. We advise tenants to obtain liability
insurance for potential damages.
19.1. Contractual Agreement: HousingAnywhere strongly advises both Providers
and Tenants to enter into a formal contractual agreement with each other. As
previously mentioned, HousingAnywhere is not a party to the agreement between
the Provider and the Tenant. While HousingAnywhere offers a draft agreement on its
website for convenience, it does not guarantee the completeness or legal validity of
this contract. Users should consider seeking legal advice to ensure the contract
meets their specific needs and complies with applicable laws.
19.2. Liability Insurance: While not mandatory, HousingAnywhere strongly
recommends that:
1. Providers obtain landlord insurance to cover property damage or liability
arising from Rentals.
2. Tenants obtain renters’ insurance to protect against personal property
damage, liability for accidental damage to the Accommodation, and other
potential risks.
Article 20: Data Privacy and Usage
💡 What it means: We collect and use user data in line with our Privacy Policy and
GDPR. Data is used for transactions, website improvement, and fraud prevention.
Users’ data may be shared with third parties as needed and reported to tax
authorities, per DAC7.
20.1. Data Collection: HousingAnywhere collects, uses, and retains user data,
including account details, transaction history, and messages, in accordance with its
Privacy Policy, which complies with the General Data Protection Regulation (GDPR)
and other applicable data protection laws. Users may request deletion of specific
data unless retention is required by law (e.g., for compliance with tax or financial
regulations). For further details, see our Privacy Policy.
20.2. Data Usage: User data is used to facilitate transactions, improve the Platform,
and for fraud prevention purposes. HousingAnywhere may share user data with
third-party service Providers and other entities within the HousingAnywhere group as
necessary to provide services, always in compliance with applicable laws.
20.3. Reporting Obligations: In compliance with the DAC7 directive,
HousingAnywhere may be required to report certain information about Providers to
tax authorities. This includes details about income generated from rentals through
the Platform. By using the Platform, Providers consent to the sharing of this
information with the relevant tax authorities. HousingAnywhere will handle this data
in accordance with applicable data protection laws, including GDPR. Users have the
right to access the data shared with tax authorities under DAC7 and may request
corrections in case of inaccuracies. Requests must be submitted in writing to
HousingsAnywhere’s data protection team within 30 days of notification of DAC7
reporting.
Article 21: Intellectual Property
💡 What it means: All content on HousingAnywhere is protected by copyright and
intellectual property laws. By uploading content to HousingAnywhere.com, you retain
ownership of your content but grant us the right to use it for operational purposes.
21.1. Ownership of Content: All content on the HousingAnywhere Platform,
including text, images, software, and design elements, is protected by copyright and
other intellectual property laws. Users may not copy, distribute, or create derivative
works based on this content without explicit permission from HousingAnywhere.
21.2. User-Generated Content: By uploading content to the Platform, users grant
HousingAnywhere a non-exclusive, royalty-free, worldwide license to use, modify,
and distribute this content for the purposes of operating the Platform. Users retain
ownership of their content but waive any moral rights related to its use by
HousingAnywhere.
Article 22: Force Majeure
💡 What it means: We do everything we can to avoid unpleasant surprises, but
some things are out of our control — like storms, strikes, pandemics, and so on. In
the event of Force Majeure, we’re not liable for any failure to perform our obligations
under these T&Cs.
22.1. Force Majeure Events: HousingAnywhere is not liable for any failure to
perform its obligations under these Terms and Conditions if such failure results from
events beyond its reasonable control, including but not limited to natural disasters,
acts of government, pandemics, strikes, or other force majeure events.
22.2. Impact on Agreements: In the event of a force majeure situation,
HousingAnywhere will notify affected users as soon as possible and will make
reasonable efforts to mitigate the impact on the services provided. Users may not
claim compensation for any losses resulting from such events.
Article 23: Closing Provisions
23.1. Transfer of Rights and Obligations: HousingAnywhere reserves the right to
transfer its rights and obligations under this agreement, either in full or in part, to
third parties. Users will be notified of any such transfer in accordance with the
communication provisions of this agreement.
23.2. Mailings and Newsletters: HousingAnywhere is authorized to send mailings
to its users regarding side jobs, employment opportunities, and internships at
HousingAnywhere through newsletters. Users have the option to unsubscribe from
these newsletters at any time.
23.3. Applicable Law: This agreement is governed exclusively by the substantive
laws of the Kingdom of The Netherlands, excluding the UN Convention on the
International Sale of Goods and Dutch international private law.
23.4. Consumer Rights for Cross-Border Users: Users accessing the Platform
from outside The Netherlands may be subject to consumer protection regulations of
their country of residence. If such regulations conflict with these General Terms and
Conditions, the mandatory consumer protection laws of the user's country of
residence shall prevail to the extent required by law. HousingAnywhere encourages
users to consult legal advice regarding their specific rights.
23.5. Consumer Protection: If the user qualifies as a consumer under Book 7 of the
Burgerlijk Wetboek (BW – Dutch Civil Code), this agreement does not affect any
mandatory consumer protection regulations applicable in the consumer's country of
residence.
23.6. Severability Clause: If any individual provision of these General Terms and
Conditions is or becomes wholly or partially invalid, the validity of the remaining
provisions will not be affected. The invalid provision shall be replaced by a valid
provision that most closely reflects the economic intent of the invalid provision.
23.7. Communications: All declarations and communications related to the user
agreement with HousingAnywhere must be made via email. The postal and email
addresses provided by the user in their account will be used for such
communications, and users are responsible for keeping their contact information up
to date.
23.8. Jurisdiction: These terms and conditions will be interpreted in accordance
with Dutch law. Both the user and HousingAnywhere agree to submit to the
jurisdiction of the courts located in Rotterdam, The Netherlands, for any legal actions
seeking injunctive or other equitable relief.