General Terms and Conditions (GTC) for using the short-term housing
platform on housinganywhere.com
(Last updated version: May 2021)
Article 1: Scope, amendment of General Terms and Conditions
The General Terms and Conditions (GTC) below apply to the use of the
platform www.housinganywhere.com (also: “platform”). This
is a service of HousingAnywhere B.V. registered with the Dutch trade
register (Handelsregister van de Kamer van Koophandel) under file number 58882693 (“HousingAnywhere” or
“Article(s)” when used in these General Terms and
Conditions refers to articles of these General Terms and Conditions
unless explicitly stated otherwise herein.
“Booking fee” when used in these General Terms and
Conditions refers to the fee charged to the tenant in addition to the
first month rent when an accommodation is booked as further set out
herein. The tenant is obliged to pay the booking fee simultaneously
with the first month rent.
“Commission” when used in these General Terms and
Conditions refers to the fee charged by HousingAnywhere to the
provider when the accommodation of the provider is booked as further
set out herein. The commission is deducted by HousingAnywhere from the
first month rent.
“Subscription fee” when used in these General Terms and
Conditions refers to the fee charged by HousingAnywhere to the tenant
when such tenant has concluded a subscription with HousingAnywhere as
further set out herein.
“Users” within the sense of these General Terms and
Conditions are natural and legal persons who have either posted an
advertisement of an accommodation on the platform or responded to an
advertisement of an accommodation.
“Customers” of HousingAnywhere are educational
institutions. They subscribe to a membership on the platform in order
to offer this platform as a housing option to their students.
HousingAnywhere offers the usage of its platform, in particular the
use of the database, solely on the basis of these General Terms and
By using our services, users consent to the validity of these General
Terms and Conditions.
By using our services, users confirm that they oblige the national
laws and obligations of their country with respect to renting and
HousingAnywhere reserves the right to amend its General Terms and
Conditions effective for the future. The amendments will not become
part of the agreement until the user consents to such amendments. It
is sufficient for this purpose that HousingAnywhere sends the new
version of the General Terms and Conditions to the email address that
the user provided for information purposes, even if HousingAnywhere
does not contradict them.
Article 2: Performance by HousingAnywhere, performance by
The platform is an online marketplace on which users can offer and
rent rooms or other types of accommodation
On www.HousingAnywhere.com, HousingAnywhere provides a platform on
which users can find ways to communicate with each other and conclude
agreements. HousingAnywhere itself does not offer any accommodation;
it merely acts as an intermediary for the conclusion of agreements
HousingAnywhere emphasizes that the use of a lease contract between
provider and tenant is highly recommended. Based on the importance
that HousingAnywhere puts on the use of a lease, it offers the
provider and tenant a pre drafted lease contract. By offering an
accommodation on HousingAnywhere provider agrees with the application
of HousingAnywhere pre drafted lease contract, unless the provider
explicitly declares that a different lease contract is applicable, and
tenant agrees with this different lease contract.HousingAnywhere only
offers the pre drafted lease contract by means of a favour to users.
The applicability of the lease contract remains an own choice of
tenant and provider. HousingAnywhere can therefore never be held
responsible for any shortcomings in the pre drafted lease contract, or
any damages following from the use of the pre drafted lease
Leases are concluded exclusively between the user providing the
accommodation (“provider”) and the user renting the
accommodation (“tenant”). HousingAnywhere itself is not a
party to the leases concluded between the website’s users.
However, HousingAnywhere is entitled to act as a representative for
the provider with the authority to conclude agreements and to conclude
agreements on his/her behalf. However, the provider and the tenants
are themselves responsible for satisfying their own contractual
obligations. In the event of default, this must be negotiated between
the users. HousingAnywhere saves and will transmit the contact data of
both parties for this purpose.
HousingAnywhere does not examine 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.
Providers can apply their own terms and conditions to the
accommodation they are renting that do not affect the General Terms
and Conditions of HousingAnywhere.
Providers and tenants are responsible for their adherence to the
provisions governed by public law, including municipal codes regarding
Providers are responsible for the permission of their provider in the
case of sublease.
Providers are responsible for the arrangement of all required
documents to rent out the apartment. These documents include, but are
not limited to, licenses to (sub)rent from the provider or
municipality, (sub)rental contracts.
By agreeing to these General Terms and Conditions (GTC), provider
states that he/she has permission by the provider (private, agent or
housing corporation) to rent out the room/property, as referred to in
article 2.8; has arranged all required documents, as referred to in
article 2.9; and, if applicable, informed his/her roommates.
Article 3: Registration, realisation of the user agreement,
The registration of users is required in order to make use of
HousingAnywhere. Providers register when putting their room online.
Tenants register when replying to a room. Registration is free of
charge and requires that users accept HousingAnywhere General Terms
and Conditions. The user agreement between HousingAnywhere and the
user arises on acceptance of the terms and conditions.
Registration is available only to natural persons, legal persons and
partnerships that are fully legally competent. The registration of a
legal person or partnership may be performed only by a natural person
with power of representation who must be named. When registering, only
individual persons may be given as the owner of the user account
(i.e., no married couples or families).
Registration as a provider is available only to people with an
activated student email-account, people in possession of a coupon/code
provided by HousingAnywhere or an activated provider account.
When registering, the user undertakes to provide accurate, up-to-date
and complete information as required by the registration form, in
particular first and last name, current address (not a PO box), a
valid email address and, where appropriate, the name of the company
and an authorised representative. The data must be up-to-date and
correct at all times. Multiple registrations under different member
names are prohibited. When registering, the user chooses a password to
accompany his/her email address.
The user can receive contractual declarations at his/her stated
Article 4: User obligations, user account, system integrity
The user is solely responsible for all content that he places on the
platform. In his/her relationship to HousingAnywhere, he commits not
to place illegal content on the platform and to refrain from actions
that violate laws.
The provider is responsible for ensuring that the accommodation he
offers is described correctly and completely. He must provide the
information in the Platform’s required fields at a minimum so
that the accommodation and the offer are described with sufficient
The user agrees that all the photos added must be authentic and show
a realistic sight of the rooms. Pictures replications from other
websites will be, without prior notice, deleted and the user will be
removed or disabled from the platform.
In addition, the provider is free to stipulate further conditions
such as the amount of any deposit, the cost of final cleaning, etc.
The user undertakes to keep the information in his/her user account
up-to-date and accurate at all times, i.e., to correct it immediately
in the event of a change or delete the room from the platform in case
the tenant and provider have agreed on rental. A user account is
personal and can therefore not be transferred to any other
The user undertakes to use his/her user account himself only and to
keep his/her password secret.
The user is liable to HousingAnywhere for all actions performed using
his/her user account, unless the user is not responsible for the
misuse of his/her user account.
Once the user is aware that third parties have access to his/her user
data or have otherwise gained access to his/her user account, he must
notify HousingAnywhere of this immediately. HousingAnywhere is
entitled to block the user account until the situation has been
clarified and resolved.
HousingAnywhere, without prior notice, will charge the price of the
booking fee and remove or disable access of the User who posts, sends,
publishes, or transmits any kind of personal contact that would lead
the other party outside the platform. (E.g., Personal bank account,
phone number, email, etc).
Each user must independently verify the identity of his/her
respective contract partner (the tenant in case of the provider or the
provider in case of the tenant). HousingAnywhere accepts no liability
for the accuracy of the user contact information entered on the
The user undertakes to set up his/her systems and programs in
connection with the use of HousingAnywhere offering in a way that
ensures that the security, integrity and availability of systems set
up by HousingAnywhere to provide its services are not affected. Users
must not block, rewrite, or modify content generated by
HousingAnywhere or interfere in any other way that contravenes the
purpose of the user agreement. HousingAnywhere is entitled to set up
the required measures, in accordance with Article 15, as are necessary
to ensure the system integrity of all the parties.
Users must not use addresses, contact data, or e-mail addresses that
they obtain by using the website for any purpose other than for
contractual communication. In particular, these data must not be
forwarded to unauthorised persons or used to send advertising, unless
the user in question has expressly granted his/her consent in
The user must not send mass messages with the same content via the
platform. Any spamming or similarly harassing action towards other
users or third parties is prohibited.
Each user is himself responsible for archiving any information that
can be viewed on the platform and saved by HousingAnywhere that is
required for the purposes of preservation of evidence, accounting,
etc. on a storage medium independent of HousingAnywhere.
HousingAnywhere does not give away any contact details of its users
to any third party, except to our partner institutions, or if the law
requires us to do so. The partner institutions (mostly universities or
other educational institutions) can ask HousingAnywhere for an
overview of rooms rented out in the city of their settlement. The
purpose of this information sharing is so that the partner
institutions can forecast the room demand in their city in a better
way and check possible student misuses.
In the event of a violation of these General Terms and Conditions by
a user, HousingAnywhere is entitled to exercise its virtual
householder rights. HousingAnywhere can exclude the user in question
from using its services, delete the content he uses, or take other
measures within the meaning of Article 13. HousingAnywhere will take
legal action to exercise its legitimate rights to forbearance and
Article 5: Handling of content and rights
Within the framework of the platform’s functionality, providers
can present to potential tenants using a variety of media. Certain
rules must be complied with to ensure that the various media are
utilised legally so that neither the user nor HousingAnywhere can be
made liable. These rules derive, for example, from laws protecting
copyrights and brands in addition to these General Terms and
HousingAnywhere saves for the user the multimedia content uploaded by
him (images, text, etc.) or merely arranges the necessary memory space
and access to it. Users themselves are solely responsible for the
content they upload to HousingAnywhere and indemnify HousingAnywhere
against all third-party claims resulting from this. In particular,
this indemnification also includes the costs of appropriate
prosecution and legal defence.
Users will ensure that the uploaded content does not violate
applicable law or legal provisions, common decency, or in particular
third-party rights (naming rights, personality rights, copyright, data
protection rights, etc.). In particular, users undertake not to upload
content that violates the terms of any applicable laws or treaties.
The user also undertakes not to utilise content that is pornographic,
glorifies violence, or is race baiting. This also applies to the
sending of emails and other electronic communication media of the
By uploading multimedia content, users transfer to HousingAnywhere a
free, revocable, unlimited, non-local right of use that can be
sub-licensed to the multimedia content uploaded to HousingAnywhere by
the user. In particular, the right of use comprises the right to
process the multimedia content for the purposes of the platform and to
make it available to the public offline, in printed or electronic
form, by wired or wireless connection, in such a way that it is
accessible to members of the public at places and times of their
choosing, including playback on their chosen receiver terminal that
allows online access, in particular stationary and portable computer
and mobile handheld devices such as smartphones, tablets and similar
equipment. The usage rights also include the right to integrate
multimedia content, including advertising media, on websites from
HousingAnywhere contractual partners.
HousingAnywhere is free to use any comments, information, pictures or
ideas contained in any communication user may send to HousingAnywhere
without compensation, acknowledgement or payment to the user for any
purpose whatsoever, including, but not limited to, developing,
manufacturing and marketing products and services and creating,
modifying or improving the services or website or other products or
services. For the avoidance of doubt, all such information will be
deemed by HousingAnywhere to be non-confidential and non-proprietary,
and the user agrees that such information may be used by
HousingAnywhere without any limitation whatsoever.
User explicitly agrees that HousingAnywhere is free to read any
messages sent between users. HousingAnywhere may read these messages
to improve user experience, solve conflicts between users or for other
reasons HousingAnywhere deems appropriate.
User agrees that HousingAnywhere is free to republish and make use of
any information published by you on the website without acknowledging
the user as the source of such information and/or creator of such
content. In general, however, HousingAnywhere will make an attempt to
provide a link back to the user's page when posting content on
other third-party sites, such as Facebook or any of our contractual
partners. User hereby irrevocably waive all moral rights to any
content placed on the website.
User explicitly allows HousingAnywhere to use and show user's
(Facebook) profile picture on its website
The content offered via HousingAnywhere is protected by copyright.
The platform is generally accessed and utilised individually by a
natural person using a web browser. The use of technologies such as
web spiders, crawlers, or similar programmes, the purpose of which is
not just the indexing of content but also the mass accessing and
saving of the platform’s content is prohibited. This also
applies in particular to technologies that enable so-called screen
scraping and other third-party services.
In the event of a violation of these prohibitions and the guidelines
of these General Terms and Conditions, HousingAnywhere is entitled to
refuse acceptance of content, to delete and block content immediately
and to delete the pages and links to them immediately. In such cases
the user has no right to the restoration of his/her multimedia content
on the internet platform or the release of his/her deleted user
Article 6: Availability and amendment of the website
The user has no legal claim to permanent use of the platform. In
particular, HousingAnywhere is not required to ensure that the
platform is available or can be reached at all times. However,
HousingAnywhere endeavours to maintain operation of the platform with
as few disruptions as possible and to continue to develop it in line
with user requirements.
HousingAnywhere can temporarily restrict use if this is necessary in
terms of security, integrity, capacity limits, or the performance of
technical measures (maintenance work). In particular, HousingAnywhere
will take users’ legitimate interests into account by notifying
them in advance.
Article 7: Liability for third-party sites
The platform’s pages also include links to websites on the
Internet maintained by third parties, the content of which is not
known to HousingAnywhere. HousingAnywhere merely provides access to
the websites and accepts no responsibility for the content. The links
to third-party Internet sites merely serve to facilitate navigation.
HousingAnywhere does not espouse the views expressed on the sites to
which it links, and rather hereby expressly distances itself from all
content on all websites that it links to on its platform.
The owners of the Internet sites to which the HousingAnywhere
platform hyperlinks are solely responsible for both their content and
the goods or services offered for sale there.
Article 8: Secure booking service, payment, invoice and
By listing an accommodation on the HousingAnywhere platform, the
provider is issuing an invitation to submit offers. Another user can
submit an offer to conclude a lease for this accommodation. The
agreement arises if the provider accepts this offer, unless the tenant
withdraws this offer before the provider accepts it.
A lease is the period for which the tenant leases the accommodation
from the provider. The length of a lease can differ with no maximum or
minimum. The average length of a lease will be approximately 5
After conclusion of the agreement, HousingAnywhere provides tenants
with a booking method via the platform of HousingAnywhere, where
HousingAnywhere keeps possession of the money until 48 hours after the
start of the lease. After this period HousingAnywhere will transfer
the payment of the lease to the provider. HousingAnywhere acts as a
third-party custodian in order to eliminate scams.
The use of the secure booking service, offered by HousingAnywhere, is
mandatory for all website users. The provider of the accommodation
shall charge and receive the first month rent via HousingAnywhere and
not through any other means outside of the platform.
In the case an agreement has been made and parties continue with the
payment procedure the tenant will receive a payment link from
HousingAnywhere, through which the payment is transferred to
HousingAnywhere. The payment will be transferred to a secure,
third-party bank account. After 48 hours from the move-in date
registered on the platform and if the tenant does not request changes,
HousingAnywhere will order the rent to be transferred to the provider
and the booking fee to HousingAnywhere.
The provider must ensure that:
A correct IBAN/BIC bank account is provided. HousingAnywhere will
transfer the rent to the bank account provided and is not liable if
this bank account is not correct. HousingAnywhere’s obligations towards the provider will cease to exist once HousingAnywhere has transferred the
rent to the bank account provided by the provider. Whether this bank account is correct or not is to remain the risk
of the provider and does not stand in the way of releasing
HousingAnywhere from its liabilities.
the description of the accommodation and the images used do not
violate the law or third-party rights and that they relate only to the
accommodation on offer.
successfully booked accommodation is indicated accordingly or removed
from the platform.
information uploaded does not constitute references to third-party
The provider complies with public law regulations, particularly those for
payment, factoring and tax law obligations, which may also include any
obligations under the sales tax law or indirect tax obligations. The
provider will be solely responsible for the obligations and duties of
the offer content. HousingAnywhere is entitled to verify the offer of
the users and ask for the corresponding proofs.
Once a tenant has requested renting the accommodation, the provider
is not allowed to request a higher price than requested in the
With respect to offers provided by user:
Anyone who is interested in renting an accommodation posted on the
platform can react via the platform.
The purpose of reacting to an accommodation can only be related to
the wish of coming to an agreement concerning the leasing of an
accommodation posted on www.housinganywhere.com. All other purposes
that are not in accordance with this goal, such as, but not limited
to, contacting the provider for any advertising purposes, asking users
to post their room offers on different housing websites, generating
flow to any other websites, use any automatic or manual process to
search or harvest information from the website, or to interfere in any
way with the proper functioning of the website are prohibited.
Users are prohibited from circumventing the above booking and payment
processes, in particular the booking fees.
If reactions are made with a different reason than solely coming to
an agreement on renting a property listed on www.housinganywhere.com
and with that in breach of the previous paragraph, the replier is
liable to a fine of €1000 (say: one thousand euros) per reaction
The payment process shall take place under the following
The agreement is automatically concluded and binding by way of a
total price shown at the end of the booking. This consists of the
first month rent and the booking fee (certain percentage over the
first month’s rent which is indicated next to the room price),
which comprises an administration component and a property-based
component determined by the rent. After a booking has been made,
HousingAnywhere notifies users of its content and the total
The User hereby explicitly: (a) agrees that the performance of any
agreement concluded with HousingAnywhere is considered to start
immediately after the agreement has been concluded, and (b) waives its
right to terminate (ontbinden) the agreement within 14 days pursuant
to article 6:230o Dutch Civil Code after the performance of the
agreement has been completed (de overeenkomst is nagekomen). The
aforementioned waiver applies insofar as permitted under applicable
mandatory law. Insofar as a User that is a consumer validly terminates
the agreement with HousingAnywhere within 14 days in accordance with
article 6:230o Dutch Civil Code it shall remain obliged to pay a pro
rata part of all fees that would have been due if the agreement had
stayed in force until the agreed end date based on the number days
that have passed from concluding the agreement until the date upon
which it was validly terminated.
In the case of a subscription fee, the agreement is concluded as soon
as the payment has been made and the plan starts. The subscription
plan starts from the moment of confirmation as explained in Article
9.8. The user has then the obligation to pay for such service. Also if
a booking is confirmed the full amount will be due independently of
the moment of cancellation
In the case of a booking confirmation with a booking fee, the service
has already been fulfilled and the first month’s rent and
booking fee is always due unless the tenant is eligible for a refund
on the basis of Article 15.
HousingAnywhere remains the right to offer its services to tenant for
consecutive months. HousingAnywhere’s service is not just
limited to the first month's rent.
HousingAnywhere is entitled to change the amount of booking fees at
any time. This does not apply to agreements already concluded. The
tenant will be notified of the amount of the booking fee in a timely
manner, together with the booking inquiry.
HousingAnywhere is entitled to change its business model, including
without limitation in such a way that it will collect other fees from
the provider in addition to the commission or by creating subscription
plans for the tenant.
The tenant must pay the total price shown in the booking, by way of
the payment method chosen in the booking process. HousingAnywhere only
receives the booking fee and the commission, the rent (minus the
commission) is transferred to the provider at a specified date of
which details can be read under 14.4. If debt collection is unsuccessful, the tenant must pay to
HousingAnywhere the applicable statutory interest (wettelijke rente), full compensation of the extrajudicial costs (buitengerechtelijke incassokosten) as determined and calculated in accordance with the applicable
rules of Dutch law plus the original amount due. This does not apply if HousingAnywhere is responsible for the failure of
HousingAnywhere charges the provider a commission. The commission
calculation can be found under Articles 8.17 and 8.18.
The right of a user to receive certain amounts from HousingAnywhere
cannot be transferred to third parties.
HousingAnywhere makes use of a payment service provider. In the case
of different currencies, the payment service provider will determine
the applicable exchange rate. HousingAnywhere has no role whatsoever
in the determination of the exchange rate. In the case of a refund,
the daily exchange rate will be used - regardless if the exchange rate
was different when the payment was made. Moreover, in refund cases,
the tenant is liable for his/her own bank's transaction costs, as
well as any currency conversion service that his/her bank may provide.
The users shall ensure that HousingAnywhere receives the amounts that
are due to it in the currency as specified on the platform or in
further written communication from HousingAnywhere. The users shall
bear any exchange rate risks (including without limitation changes in
the exchange rate applied by the banks involved).
On request, the provider must issue the tenant with an invoice for
the total price. On request, HousingAnywhere will issue the provider
with an invoice for the booking fee, though this will be shown without
sales tax or similar indirect taxes in accordance with tax law
provisions, unless expressly stated otherwise in these regulations.
The aforementioned means that the provider is the formal billing party
and receiver for the booking fee in relation to the tenant and
HousingAnywhere is the formal billing party and receiver for the
booking fee in relation to the provider.
Unless HousingAnywhere is notified otherwise, it is refutably assumed
that the provider operates in a business capacity and is aware of
his/her resulting (sales) tax obligations and satisfies these
accordingly. HousingAnywhere is entitled to demand corresponding
evidence of the provider’s business capacity and satisfaction of corresponding
tax obligations in respect of the amounts received in connection with
rent of accommodation through the platform of HousingAnywhere.
The provider reserves the right to additionally charge other on-site
costs based on consumption and use (in particular: electricity, water,
heating). The provider must advise the tenant that he has a basic
right to charge these costs before concluding the agreement. Such
costs are not considered in the calculation of the booking fee.
HousingAnywhere advises users that have agreed on renting an
accommodation to sign a contract between the two of them.
As mentioned in Article 8.8.6, a commission is charged for every
booking. The commission is previously agreed between the provider and
HousingAnywhere represented by one of the Account Managers or
determined during the sign-up process.
The commission will be withheld from the pay-out of the first
The commission is calculated based on the total contract value or as
25% of the first month’s rent, depending on the plan. Total
contract value is determined by the rental price due for the whole
quantity of days of the booking. (e.g., from 01/08/2017 to 31/12/2017 - that
makes 153 days)
VAT (Value Added Tax) is NOT included in the rent price and the
commission and is, therefore, calculated on top.
As an example of commission based on total contract value:
|Contract value of a full year
|Contract value of a day
||Contract value of a full year
|Contract value of the booking
||Contract value of a day
||Length of Stay/Booking
||Contract value of booking
Total due amount on the invoice
8.18. As an example of commission based on 25% of first month’s
Commission = 0.25x Monthly rent
Total due amount on the
invoice = Commission + VAT
Article 9: Subscriptions
The basic use of HousingAnywhere before a booking takes place is free
of charge with the exception of certain geolocations for which
subscriptions with subscription fees are held applicable instead of
Should the tenant want to initiate a conversation with a provider in
a region with subscriptions enabled, they have to first acquire a
The prices for the subscriptions are listed on the platform and are
visible to users looking for accommodation in any of the areas with
Unless expressly specified otherwise, the subscription plan prices
referred to by HousingAnywhere include VAT.
HousingAnywhere has the right to change the rates of the subscription
plans once every subscription period, providing this is not within 3
months after concluding the subscription agreement for the relevant
subscription period. HousingAnywhere shall announce the changes by
email at least thirty (30) calendar days prior to their effective
date, whereby a user that is a consumer shall have the right to
terminate the subscription agreement with effect as from the effective
date by written notice received by HousingAnywhere before the
effective date. Use of the subscription after the effective date shall
serve as acceptance of the changed or supplemented conditions.
Payment of the subscription shall occur using one of the available
payment methods selected by the user on the platform. After the first
period of a subscription, the amount due will be collected within 3
business days after each subscription renewal.
The user agrees to the electronic billing by HousingAnywhere.
Invoices will be sent to the email address of the user known to
The subscription shall take effect as soon as the payment has been
received by HousingAnywhere. After the end of each subscription period
the subscription will be automatically renewed for the same period
unless either party terminates the subscription with the notice period
mentioned in article 9.9 below. If the subscription period is longer
than 1 month, a tenant that is a consumer may terminate the
subscription at any time after the extension with a notice period of 1
HousingAnywhere will notify the user about the subscription renewal
prior to the billing day via the email address known to
HousingAnywhere. The user can cancel the subscription in accordance
with article 15.16.1 at any point no less than 24h before the renewal
After the passing of the payment deadline, HousingAnywhere is
entitled to automatically and immediately limit the subscription of
the user who fails to pay on time in such a manner as it reasonably
deems fit, for instance by preventing or restricting access to the
If HousingAnywhere is unable to collect the amount due and/or in case
of outstanding payment, the user is required to pay the applicable
statutory interest (wettelijke rente), full compensation of the extrajudicial costs (buitengerechtelijke incassokosten) as determined and calculated in accordance with the applicable
rules of Dutch law plus the original amount due.
The subscription fee is due irrespective of whether the tenant finds
any accommodation through the platform during the subscription period
and irrespective of whether any accommodation that is found is to the
tenant’s satisfaction. HousingAnywhere will only refund the
subscription fee and/or the first month’s rent insofar as
explicitly provided for in these General Terms and Conditions or
insofar as obliged pursuant to applicable mandatory Dutch law (dwingend recht) and not under any other circumstances, including the situation that
the tenant found accommodation faster than anticipated, the tenant was
not able to find accommodation during the subscription period or any
of the reasons stated in article 15.16.2 below.
Article 10: Security deposit
The provider is entitled to charge a security deposit in his/her
offer. If a provider demands a security deposit from the tenant on the
day of arrival, corresponding information on the amount of the
security deposit and the payment method must have already been
mentioned in the offer. The amount of the security deposit must be
stipulated prior to the booking. It must also be clarified in advance
when the amount must be paid (e.g., upon moving in).
If the provider did not mention the security deposit when advertising
his/her accommodation but demands a security deposit at a later time
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 after which the
provider is obligated to refund the tenant.
HousingAnywhere is not responsible for the administration of security
deposits, or for any claims asserted by the provider.
The provider will be responsible for refunding the security deposit
to the tenant at the end of the lease.
Article 11: Duration, termination
The user agreement is concluded for an indefinite period.
The user can terminate the agreement at any time without notice.
User’s leases with other users that have already been proven or
arranged remain unaffected by the termination of the user agreement.
This applies accordingly to claims for the payment of booking fees
already due. In case of subscriptions, refer to Article 9.9.
HousingAnywhere can terminate the user agreement at any time with two
weeks’ notice. An email will be sufficient for the
This does not affect the right to block, the right to terminate for
just cause or individually agreed rights of termination of the user.
In particular, HousingAnywhere has just cause if:
The user does not comply with a not merely insignificant payment
obligation in full or in part, despite having been sent a reminder
with an appropriate deadline.
The user violates his/her obligations under these General Terms and
Conditions and does not take remedial action despite having been sent
a reminder with a timely deadline. A reminder is not needed if this is
not expected to be successful or if the breach is sufficiently severe
that it would be unreasonable for HousingAnywhere to maintain the
Requirements of law, a court, or an official authority mean that the
use of the platform can no longer be offered in this form.
HousingAnywhere discontinues its platform or business
Insolvency proceedings are initiated for the user’s assets
owing to a lack of funds.
Article 12: Measures in the event of illegal conduct and/or conduct
in breach of agreement by the user
If there are specific indications that a user is culpably violating
legal provisions, third-party rights, or the General Terms and
Conditions or if HousingAnywhere otherwise has a legitimate interest,
particularly with regard to protecting its users against fraudulent
activities, HousingAnywhere can take one or more of the following
actions subject to termination without notice:
Issue the user with a warning.
Delete the user’s offers or other content.
Restrict the user’s use of the website.
Temporarily or permanently exclude (block) the user from the
Contest and cancel existing leases in the name of the provider
without taking into account any otherwise applicable cancellation
policies and reject the user’s offers for the conclusion of a
lease in the name of the provider.
HousingAnywhere also takes the legitimate interests of the user in
question into consideration when choosing these measures.
Leases that have already been concluded between the user and other
users are not affected by deletion of an offer. This applies
accordingly to claims for the payment of booking fees already due. An
effective lease does not arise if HousingAnywhere deletes an offer
before it is accepted.
HousingAnywhere has the right to permanently block a user in each of
the following cases. As far as reasonable, the user will receive prior
warning by HousingAnywhere so that it has the opportunity to dispel
suspicion or take remedial action. If a previous warning is not
reasonable, e.g., because blocking is necessary to prevent any damage
to HousingAnywhere or another user, the user will be subsequently
informed by HousingAnywhere of the blocking immediately, and then be
given the opportunity to comment and take remedial action. The right
to block a user exists if:
the user has provided incorrect contact information in his/her user
account, in particular an incorrect or invalid email address.
a user account is transferred to another party.
the user significantly harms other users, in particular if their
accommodations and/or furnishings are damaged, destroyed, stolen,
there is just cause due to similar risk and responsibility of the
After a user has been permanently blocked by HousingAnywhere, he is
not entitled to have the blocked user account restored. The user will
also no longer be permitted to use the website with other user
accounts or to re-register.
User is liable for any damages incurred by HousingAnywhere that
follow from a violation of these terms & conditions.
HousingAnywhere can recover its damages caused within the context of
these terms & conditions against user. Furthermore, user
safeguards HousingAnywhere from any third-party claims in connection
with user's infringement of the terms & conditions.
Article 13: Conversations via HousingAnywhere
We collect data from conversations happening on our messaging
platform via the inbox window of HousingAnywhere website. One of the
main reasons for collecting data is Fraud prevention and security of
our users. To know more information about how and why we collect this
Any other information HousingAnywhere collects, uses and retains
through the website will be used and stored in compliance with
appropriate laws and regulations.
In the case of a dispute between tenant and provider HousingAnywhere
can provide both parties with the chat history upon request.
Article 14: HousingAnywhere 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
HousingAnywhere is liable for other damages only if they arise from
violation of a duty whose fulfilment 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.
As HousingAnywhere does not participate in the contractual
relationship between the tenant and the provider, HousingAnywhere
accepts no liability for contracts for accommodation.
HousingAnywhere offers the option of contacting HousingAnywhere with
a complaint if there are any problems with regards to the website,
accommodation or provider. The complaint must be provided in written
form (e-mail). In this complaint the guest must specifically indicate
the grounds for the complaint. In such a case HousingAnywhere will
attempt to bring about a solution.
Article 15. Cancellation and Refund Policy for accommodation
HousingAnywhere has two cancellation policy types for accommodation:
Strict and Flexible. All listings will have a Strict cancellation
policy by default.
Providers can select the type of policy they want to apply to their
listings. The type of policy will be visible to users in the
listing’s page and in the conversation page. The policy
applicable to a booking is the one set at the time when the
conversation between the tenant and the provider started.
Cancellation requests should take place exclusively by email to email@example.com or through the cancellation form in the conversation
A cancellation request has to be received by HousingAnywhere before
the end of the first 48 hours from the move-in date. This period
expires at midnight on the day after the move-in date registered on
HousingAnywhere is no longer involved in executing the agreement made
between the tenant and the provider when the 48 hours have passed. In
the same way, it is not possible to provide a refund after these 48
hours have passed and the tenant has not reported an issue with the
accommodation that gives the right to a refund under these General
Terms and Conditions.
Neither of the parties should preclude the other party from gathering
necessary evidence (e.g., Pictures, videos, etc) to sustain their
HousingAnywhere is not responsible for other payments different from
the first month’s rent and booking fee collected at the time of
the initial booking confirmation (e.g., Deposit, bills, other monthly
Strict Cancellation Policy:
With HousingAnywhere strict cancellation policy in the case that the
tenant decides not to make use of the accommodation after an agreement
has been made there will be no refund of the booking fee or unless
there are eligible grounds for a refund as mentioned in article
15.16.2 of our Terms & Conditions.
If the tenant does not show up or does not take the accommodation,
then HousingAnywhere will transfer the first month’s rent to the
provider, to compensate the provider for the loss of an empty room.
The secure booking fee will not be transferred, HousingAnywhere shall
be entitled to retain this as compensation for its services.
If the tenant decides not to take the accommodation after the booking
occurred, the tenant always has the possibility of asking the provider
if she/he is willing to refund the first month rent. This is up to the
provider to agree on or not. If the provider agrees on refunding the
first month rent, the provider should inform HousingAnywhere. If
HousingAnywhere has already transferred the money to the provider,
then the provider must refund the money directly to the tenant.
HousingAnywhere is not involved in the transfer of funds between the
provider and the tenant.
In the case of a dispute between tenant and provider HousingAnywhere
advises parties to solve it themselves. If this turns out to be
impossible, parties can provide HousingAnywhere with the information
and possible proof of the dispute. After taking all the provided
information into consideration, HousingAnywhere decides about the
dispute which will be binding for both parties.
Flexible Cancellation Policy
The policy is only applicable to listings that have opted in.
Providers can set the cancellation policy when creating the listing.
In case the policy is edited after, the cancellation policy applicable
to a booking is the one that was set when the conversation between the
tenant and provider started.
With HousingAnywhere flexible cancellation policy, a tenant has the
right to cancel and receive the first month’s rent back if the
request comes more than 30 days before move-in date. If the request
comes less than 30 days before move-in date and more than 7 days
before move-in date, the tenant will receive 50% of the first
month’s rent. In case the tenant requests the cancellation less
than 7 days before the move-in date, no refund will be granted. In
case of cancellation the booking fee is not refundable except in the
circumstances mentioned in article 15.16.2.
For providers who want to cancel the booking within the following 24
hours of which the original booking was implemented there will be no
penalty, irrespective of the reason for cancellation and no pay-out to the provider will be
If a provider cancels a booking after the first 24 hours from the
confirmation of the booking due to circumstances attributable to the
provider, including but not limited to mistaken room availability, the
wish to charge a higher price than requested in the original
advertisement or personal preference regarding a tenant, they will be
subject to a multi-stage penalty and no pay-out to the provider will
stage 1: After 1st cancellation, provider’s listing will be moved to
the end of the list on the search page of the relevant city for a
period of 2 weeks.
stage 2: With repeated cancellations, stage 1 penalty will be executed again
and 10% of the month’s rent for the next booking will be held
back by HousingAnywhere as a penalty fee.
If a tenant cancels a booking after the first 24 hours from the
confirmation of the booking due to circumstances attributable to the
provider that justify such cancellation (including without limitation
to the circumstances mentioned in article 15.14, the provider charging
a higher price than requested in the original advertisement or the
accommodation not having the material characteristics included in such
advertisement), the multi-stage penalty in article 15.11 will also
apply, and no pay-out to the provider will be processed.
The provider will be informed in writing or by email when a penalty
will be charged.
The room must be delivered to the tenant in a clean state. If the
tenant arrives and the room is not in a suitably hygienic state to
live in, the provider risks the payment being put on hold until the
provider resolves the problem or the booking and payment potentially
being cancelled. The tenant must provide evidence of these unsuitable
conditions (i.e., photo). HousingAnywhere will decide if this is
significant enough to delay and/or cancel the payment.
Once a tenant has requested renting the accommodation, the provider
is not allowed to request a higher price than requested in the
Cancellation requests should take place exclusively by email to firstname.lastname@example.org or through the cancellation form in the conversation
HousingAnywhere will only provide the tenant with a refund of (part
of) the first month rent and booking fee if:
A refund is due pursuant to the terms of the Flexible cancellation
policy as set out in article 15.9.2, whereby the booking fee will only
be refunded if any of the circumstances set out in articles 184.108.40.206
up to and including 220.127.116.11 have occurred;
The tenant cancels the booking within 24 hours after the original
booking was placed, whereby the booking fee will only be refunded if
any of the circumstances set out in articles 18.104.22.168 up to and
including 22.214.171.124 have occurred;
The provider cancels the booking due to circumstances not
attributable to the tenant, in which case only the first month rent
and booking fee shall be refunded;
The material characteristics of the accommodation are different than
stated in the advertisement which difference is material enough to
justify termination of the lease agreement with the provider;
The accommodation is not available for the tenant’s use for the
agreed lease (for example, there is already someone else in the
accommodation or the accommodation does not exist at all); or
The tenant is not able to move into the accommodation due to
circumstances that were unforeseeable when the booking was made and
are not attributable (toerekenbaar) to the tenant within the meaning of article 6:75 of the Dutch Civil
Code (force majeure / overmacht), but excluding for clarity and without limitation change of plans,
travel delays and illness which will remain the risk of the
A refund will not be given in any other circumstances than mentioned
in article 15.16.2 which include, but are not limited to:
accommodation that is not according to taste; accommodation that is
not in line with the tenant’s (religious) beliefs or ideology
(including living with people from another sex); accommodation that is
not clean, accommodation that turns out to be in a less safe
neighbourhood; accommodation that has noise complaints; accommodation
is not suitable to the tenant because of medical reasons;
accommodation has a minor malfunction that could not have been known
in advance; the tenant is hindered in coming to the accommodation
because of a change of plans, travel delays, illness or having made a
double booking; the tenant fails to report the issue within the first
48 hours after the move-in date registered on the platform.
The following circumstances without limitation will not be considered
material enough to justify termination of the lease agreement with the
provider: wear and tear of the furniture, updates in the accommodation
that might result in a different/newer furniture (for example a
different bed of the same size as advertised), light perception,
painting of the walls.
The tenant has the obligation to inform HousingAnywhere and the
provider within 48 hours after the start of the lease period
registered on the platform. The tenant must substantiate his claim and
insofar as reasonably possible also provide sufficient visual proof
(e.g. pictures, videos, correspondence). If the tenant does not inform
HousingAnywhere about any problems within 48 hours from the start of
the lease onwards, the tenant is considered to have agreed with the
room as it is. HousingAnywhere will then transfer the payment of the
rent to the provider.
HousingAnywhere has no role whatsoever in the determination of the
exchange rate. In the case of a refund, the daily exchange rate will
be used - regardless if the exchange rate was different when the
payment was made. Moreover, in refund cases, the tenant is liable for
his/her own bank's transaction costs, as well as any currency
conversion service that his/her bank may provide.
A refund to the tenant takes place as soon as possible, but no later than 30 days after it
has finally been determined in accordance with these General Terms and
Conditions that the tenant is entitled to such refund.
If a tenant cancels a booking after 24 hours of confirmation of the
booking due to other reasons than mentioned in articles 126.96.36.199 up
to and including 188.8.131.52, HousingAnywhere will withhold the booking
fee as compensation for their services.
Article 16: Advice for users
HousingAnywhere advises users to enter into a contractual agreement
with each other. As stated before HousingAnywhere is not part of the agreement between provider and tenant and
therefore advises both parties to enter into a contractual agreement
with each other. HousingAnywhere offers a draft agreement on its
website but does not guarantee the completeness of this
HousingAnywhere furthermore advises the tenant to obtain liability
insurance to cover for costs in case damages to the accommodation
Article 17: Closing provisions
HousingAnywhere is authorised to transfer its rights and obligations
under this agreement in full or in part to third parties.
HousingAnywhere is authorised to send mailings to its users about
side jobs, jobs and internships at HousingAnywhere to its users
through a newsletter. Users will have the possibility to unsubscribe
from this newsletter.
This agreement is subject solely to the substantive laws of the
Kingdom of The Netherlands with the exception of the UN Convention on
the International Sale of Goods and Dutch international private
If the user is a consumer within the meaning of Book 7 of the
Burgerlijk Wetboek (BW – Dutch Civil Code), this does not affect
the mandatory consumer protection regulations in which the consumer is
If individual provisions of these General Terms and Conditions are or
become wholly or partially invalid, the other General Terms and
Conditions are still valid. In the event of such a provision being
invalid, it shall be replaced by a legal provision.
All declarations to be sent in connection with the user agreement to
be concluded with HousingAnywhere must be issued by email. The postal
address and email address of a user are those that are stated as the
current contact data in the user’s user account.
These terms and conditions will be interpreted in accordance with the
Dutch law. You and HousingAnywhere agree to submit to the jurisdiction
of the courts located in Rotterdam, The Netherlands for any actions of
which parties seek injunctive or other equitable relief in a court of