Booking Conditions
General Principles
The following principles govern the interpretation and application of these Booking Conditions in their entirety. In the event of any ambiguity, these principles serve as the primary interpretive framework. Specific operational clauses elsewhere in this document develop and apply these principles to concrete situations. In case of apparent conflict between a General Principle and a specific clause, the specific clause prevails as the more precise expression of the parties' intent for that particular situation, while remaining subject to the interpretive framework of the General Principles.
Intermediary Platform
Flatmaters acts exclusively as a digital intermediary platform and neutral custodian of funds. It is not the landlord, property manager, real estate broker, or legal representative of either the Student or the Property Owner. The rental relationship arising from a confirmed Booking exists exclusively between the Student and the Property Owner.
Custody of Funds
The Booking Fee and, upon arrival, the Security Deposit are held by Flatmaters in a segregated account, separate from Flatmaters' own operational funds at all times. Flatmaters acts as sole neutral custodian of these funds throughout the rental period and applies them in accordance with these Booking Conditions and the Terms of Service.
Non-Guarantee Principle
Flatmaters is not a guarantor, insurer, surety, or underwriter of the Property Owner's performance. Where these Booking Conditions provide for Flatmaters to facilitate refunds, transfer custody amounts, or coordinate dispute resolution, Flatmaters' obligation is strictly limited to: (i) administering funds it already holds in custody; and (ii) pursuing reasonable recovery efforts from the defaulting party. Any shortfall between the funds held by Flatmaters and the amounts owed by the Property Owner is a claim the Student holds directly against the Property Owner, not against Flatmaters. Flatmaters will provide documentation to support such direct claims upon request.
Limit of Financial Obligation
Flatmaters' financial obligations to the Student under these Booking Conditions are limited to: (i) returning amounts held in custody where these Booking Conditions or applicable law require restitution; (ii) reasonable recovery efforts against defaulting Owners; and (iii) liability arising from Flatmaters' own breach of its obligations under these Booking Conditions, subject to the liability cap in Section 26.
Mandatory Consumer Protection Prevails
Where any provision of these Booking Conditions would be held abusive, unfair, or unenforceable when applied to a Student qualifying as a consumer under the mandatory law of their habitual residence, that provision shall be deemed modified to the minimum extent necessary to render it enforceable, without affecting the remainder of these Booking Conditions. This principle preserves the contractual framework while ensuring full respect for mandatory consumer protections.
Plain Language Summary — How Your Booking Works
Before reading the full Booking Conditions, here is a plain-language overview of how money and obligations flow through your booking. This summary is informational and does not replace the operative clauses below.
You select an accommodation and submit a Booking Request with a personal presentation. The listing is taken offline immediately and remains reserved for you for 24 hours, so no one else can book it while you complete payment.
You have 24 hours to pay the Booking Fee (one month of rent at the Final Price) or send proof of payment. If neither is received within 24 hours, the listing returns to active status and another Student may book it. Flatmaters holds your payment in a segregated custody account, separate from its own funds.
Once the payment or proof of payment is received, the Owner has 24 hours to accept or decline. If the Owner declines or does not respond within 24 hours, your Booking Fee is fully refunded. If the Owner accepts, your Booking is confirmed.
You declare your arrival date through the platform. From the moment you declare it, the Rental Agreement is available for your electronic signature. You can sign at any time between declaring the date and your physical arrival. If you have not signed before arrival, you must do so within 24 hours of arriving at the property; if you cannot sign within that window, you must contact Flatmaters immediately. At the moment of arrival and with the Rental Agreement signed, your Booking Fee is re-designated as the Security Deposit and continues to be held by Flatmaters in custody throughout the semester.
Your first monthly rent is due on the day of your arrival. If your arrival is more than 7 days after the start of the rental period, the first monthly rent must be paid no later than 7 days after the start of the rental period, even if you have not yet arrived. After that, monthly rent is paid to Flatmaters between the 20th and 25th of each month. Flatmaters transfers the corresponding amount to the Owner between the 5th and 10th of the following month. You do not pay rent directly to the Owner.
At the end of the semester, you check out. The Owner has 5 days to report any amounts due or damage, supported by documentation. You have an opportunity to challenge any claim. Flatmaters processes the return of your Security Deposit, net of any validated deductions, through the procedure in Section 21.
By paying the Booking Fee, you waive your right of withdrawal under EU Directive 2011/83/EU Article 16(c) and equivalent local consumer protection rules — see Section 6. The Booking Fee is non-refundable in standard cancellation cases. Cancellation rules and Force Majeure exceptions are detailed in Sections 15 and 16.
1. Parties & Definitions
1.1 Parties
These Booking Conditions are entered into between:
- Flatmaters OÜ, a company incorporated in Estonia under e-residency, trading under the commercial name Flatmaters (referred to as "Flatmaters", "the Platform", or "the Service Provider"); and
- the individual identified in the Booking Request as the prospective tenant of the accommodation (referred to as "the Student", "the Tenant", or "you").
1.2 Document Hierarchy
The contractual framework applicable to your Booking is composed of multiple documents, each governing a specific aspect of the relationship. The order of precedence in case of any inconsistency is:
- Rental Agreement — for matters governing the rental relationship between the Student and the Property Owner (property condition, rent, occupation, house rules, termination).
- These Booking Conditions — for matters governing the relationship between the Student and Flatmaters in connection with the specific Booking.
- Terms of Service — for matters governing platform-wide rules, account management, and general user obligations not specifically addressed here.
- Privacy Policy — for matters relating to personal data processing.
1.3 Definitions
The following terms have the specific meaning set out below when used in these Booking Conditions, regardless of capitalization in the surrounding text:
- Accommodation means the specific room, apartment, house, or residential unit identified in the Listing and reserved through the Booking.
- Base Price means the monthly rental price set by the Property Owner in the Listing in their chosen currency (EUR or CLP by default).
- Booking means the confirmed reservation of an Accommodation arising from the Property Owner's express acceptance of the Booking Request through the Platform.
- Booking Fee means the payment made by the Student to confirm the Booking, equivalent to one month of rent at the Final Price. It is held by Flatmaters as sole custodian and is re-designated as the Security Deposit at the moment of the Student's arrival, provided the Rental Agreement has been signed.
- Booking Request means the Student's application to reserve a specific Listing through the Platform.
- Currency Stability Fee means a service fee component retained by Flatmaters to cover exchange rate risk between the currency in which the Student pays and the currency in which the Property Owner is paid throughout the rental period.
- Final Price means the total price displayed to and payable by the Student, incorporating the Base Price, the Flatmaters service commission, and the Currency Stability Fee.
- Force Majeure means an event meeting the conditions defined in Section 16, which differ depending on whether the event affects the Student or the Property Owner.
- Inventory means the documented record of the accommodation's condition, furnishings, and equipment prepared by the Property Owner and shared with the Student at handover.
- Listing means the published page on the Platform describing the Accommodation, its terms, and its Property Rules.
- Material / Materially means a fact, condition, or breach that, viewed objectively from the perspective of a reasonable Student, would have substantially affected the decision to enter into the Booking, the price agreed, or the use and enjoyment of the Accommodation.
- Property Owner or Owner means the individual or legal entity who has published the Listing and who, upon Booking confirmation, becomes the landlord under the Rental Agreement.
- Property Rules means the rules of use of the Accommodation established by the Property Owner and published in the Listing.
- Rental Agreement means the residential lease contract between the Student and the Property Owner, generated by Flatmaters from the Listing terms, signed by the Owner upon acceptance of the Booking Request and by the Student upon arrival.
- Security Deposit means the guarantee constituted upon the Student's arrival by re-designation of the Booking Fee. It is held by Flatmaters in custody throughout the rental period and returned to the Student net of validated deductions at the end of the stay.
- Semester Period means the standard availability period defined in the Listing, typically running from the 21st of one month to the 20th of the corresponding month at the end of the semester.
- Terms of Service or ToS means the general Platform terms accepted by the Student upon account creation.
2. Platform Role & Scope
2.1 Role of Flatmaters in Your Booking
Flatmaters provides the following services in connection with your Booking: facilitating the search for accommodation; receiving and transmitting your Booking Request; processing your payment; holding the Booking Fee and Security Deposit in segregated custody; generating and presenting the Rental Agreement to both parties; coordinating the monthly rent payment cycle; mediating disputes upon request; and managing the Security Deposit return process at the end of the stay.
2.2 What Flatmaters Does Not Do
Flatmaters does not own, lease, or manage the Accommodation. It does not act as the Property Owner's agent or representative, does not negotiate terms on the Owner's behalf, and does not legally represent the Owner before any third party. Flatmaters does not guarantee the physical condition, habitability, or availability of the Accommodation. It does not manage immigration, visa, or residency matters, and does not provide legal, tax, or insurance advice.
2.3 Non-Intervention Principle
During the rental period, Flatmaters' role is limited to: (i) custody and management of the Security Deposit; (ii) processing of monthly rent transfers; (iii) mediation of disputes upon express request of either party; (iv) application of the damage assessment process at the end of the Semester Period; and (v) intervention in cases of serious breach, safety concerns, or activation of termination procedures. Outside these cases, Flatmaters does not supervise day-to-day interactions between the Student and the Property Owner. Both parties manage the rental relationship directly under the Rental Agreement.
2.4 Geographic Scope
Flatmaters operates internationally and the Accommodation may be located in any jurisdiction where the Platform is active. The Rental Agreement is governed by the law of the jurisdiction where the Accommodation is located. These Booking Conditions are governed by Estonian law, subject to the mandatory consumer protections of the Student's habitual residence as set out in Section 28.
3. Eligibility & Account
3.1 Student Eligibility
To make a Booking, you must:
- be at least 18 years of age;
- have full legal capacity to enter into binding contracts under the law of your habitual residence;
- be enrolled or accepted at a recognized educational institution, or otherwise qualify under the exceptional cases described in Section 3.3 of the Terms of Service;
- provide accurate, complete, and truthful information about your identity, contact details, and academic status;
- hold or be in the process of obtaining the necessary visa, residency permit, or equivalent authorization required for your stay in the country where the Accommodation is located.
3.2 Account and Verification
To make a Booking you must hold an active Flatmaters account. At the time of registration or Booking, Flatmaters may require: government-issued identification (passport or equivalent); proof of university enrollment or acceptance letter; and any other documentation reasonably required for verification. You undertake to cooperate with verification requests promptly. Failure to cooperate may result in account suspension and refusal of the Booking, with refund of any amounts paid as set out in Section 22.
3.3 Accuracy of Information
You represent and warrant that all information provided in connection with your Booking — including identity, nationality, university enrollment, intended dates of stay, and personal presentation — is accurate, complete, and not misleading. Materially false information discovered before or during the rental period may result in: (i) refusal of the Booking with forfeiture of the Booking Fee where the false information is discovered before arrival; or (ii) immediate termination of the Rental Agreement under Section 18 where it is discovered during the rental period.
3.4 One Account per Person
You may not create multiple Flatmaters accounts for the same person, nor make a Booking on behalf of another person without express written authorization. The person identified in the Booking Request must be the actual occupant of the Accommodation.
4. Booking Process
4.1 Two-Stage Process
The Booking process operates in two consecutive 24-hour stages:
4.2 Booking Confirmation
A Booking is confirmed at the moment of the Property Owner's express acceptance through the Platform. From that moment:
- the Accommodation is reserved exclusively for you for the agreed Semester Period;
- the Owner is legally bound to make the Accommodation available on the agreed terms;
- the Listing terms (price, utilities, house rules) are fixed for your Booking and may not be modified;
- the Rental Agreement, already signed by the Owner, is made available to both parties through the Platform;
- the cancellation rules in Sections 15 and 16 become applicable;
- your obligation to declare an arrival date and to sign the Rental Agreement, as set out in Section 9, becomes effective.
4.3 No Guarantee of Acceptance
Flatmaters does not guarantee that any specific Booking Request will be accepted by the Property Owner. The Owner retains the right to accept or decline any Booking Request based on objective criteria, subject to non-discrimination obligations under applicable law. Where the Owner declines or does not respond, no liability arises for Flatmaters.
5. Booking Fee & Payment
5.1 Amount and Purpose
The Booking Fee is equivalent to one month of rent at the Final Price. It serves a dual purpose:
- Pre-arrival: as a guarantee of your commitment to the Booking, allocated as indemnification in case of non-arrival as set out in Section 15.
- At the moment of arrival, with the Rental Agreement signed: the same amount is re-designated as the Security Deposit, transitioning from a pre-arrival commitment guarantee to a habitability and performance guarantee held throughout the semester.
5.2 Custody Arrangement
The full Booking Fee is held by Flatmaters as sole neutral custodian from the moment of receipt. Funds are deposited in a designated segregated account maintained exclusively for custody purposes, kept separate from Flatmaters' own operational funds at all times. At the moment of your arrival and with the Rental Agreement signed, the Booking Fee is re-designated as the Security Deposit and continues to be held in the same segregated account until the end of the rental period.
5.3 Payment Methods
You may pay the Booking Fee by bank transfer or credit/debit card. Card payments may incur a processing surcharge, which will be displayed clearly prior to confirmation. Flatmaters uses third-party payment processors including Wise and international banking systems. Flatmaters is not responsible for delays, fees, or deductions applied by your bank or by third-party payment providers. You bear all costs imposed by your own bank or card issuer.
5.4 Proof of Payment
Where you elect to provide proof of payment within the 24-hour Reservation Window rather than completing the payment immediately, you must submit a clear and legible bank transfer confirmation or equivalent document showing: the amount transferred; the recipient as Flatmaters or its designated payment processor; the reference number assigned to the Booking; and the date of the transfer. Flatmaters reserves the right to verify the proof of payment independently and to void the Booking Request if the proof cannot be confirmed within a reasonable time.
5.5 Currency of Payment
The Booking Fee is paid in the currency in which the Final Price is displayed to you at the time of Booking. Currency conversion costs imposed by your bank or card issuer are your responsibility. The Currency Stability Fee component of the Final Price covers Flatmaters' assumption of exchange rate risk between your payment and the Owner's payout, as set out in Section 7.
5.6 Chargebacks
Where you initiate a chargeback or payment reversal after the Booking Fee has been received by Flatmaters, your account is suspended pending investigation. If the chargeback is determined to be unjustified — for example, where the Booking has been confirmed and the chargeback is used as a means of cancellation outside the rules in Sections 15 and 16 — you remain liable for the reversed amount plus any banking fees incurred by Flatmaters. This provision does not affect your legitimate rights to chargeback under applicable consumer protection or payment services law.
6. Right of Withdrawal Waiver
6.1 Nature of the Service
The Booking constitutes the reservation of accommodation services on specific dates within the meaning of:
- Article 16(c) of Directive 2011/83/EU on consumer rights, which provides that the right of withdrawal does not apply to contracts for the provision of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;
- equivalent provisions of the consumer protection law of the Student's jurisdiction of habitual residence, where applicable.
6.2 Express Waiver and Acknowledgment
By proceeding with the Booking and paying the Booking Fee, you expressly acknowledge and accept:
- that the Booking concerns the provision of accommodation services on specific dates and therefore falls within the exception of Article 16(c) Directive 2011/83/EU and equivalent local rules;
- that the right of withdrawal that might otherwise apply to distance contracts under EU consumer protection law or equivalent local consumer law does not apply to this Booking;
- that you voluntarily and knowingly waive any such right of withdrawal in respect of this Booking;
- that this waiver does not limit or exclude any other mandatory consumer protection right available to you under the law of your habitual residence, including the right to invoke the cancellation rules in Sections 15 and 16, the Material Discrepancy procedure in Section 10, or any other right expressly preserved by these Booking Conditions or by mandatory law.
6.3 Information Provided Prior to Acceptance
Before accepting these Booking Conditions and paying the Booking Fee, you have been provided with all information required by Articles 6 to 8 of Directive 2011/83/EU and equivalent local consumer protection regulations, including: the identity of Flatmaters and contact details; the main characteristics of the service; the total price including all charges; the duration of the contract; the cancellation rules; the existence of the right of withdrawal exception under Article 16(c) and your express waiver thereof.
7. Pricing & Currency
7.1 Final Price Composition
The Final Price displayed to you at the time of Booking incorporates three components:
- Base Price: the rental price set by the Property Owner in their chosen currency. This is the gross amount the Owner receives, including any rental income tax applicable to the Owner under the law of the jurisdiction where the Accommodation is located.
- Flatmaters service commission: Flatmaters' fee for the services provided under these Booking Conditions, including platform operation, search and matching, Booking management, Rental Agreement generation, payment processing, Security Deposit custody, and operational support. The commission may include applicable consumption taxes (VAT, IVA, or equivalent) on Flatmaters' service.
- Currency Stability Fee: a service fee component covering the exchange rate risk assumed by Flatmaters between the currency you pay in and the currency the Owner is paid in, throughout the rental period.
7.2 Price Stability
The Final Price is fixed at the moment of Booking confirmation and may not be modified for the duration of the Booking. Currency fluctuations during the rental period are absorbed entirely by Flatmaters through the Currency Stability Fee mechanism, with any surplus or deficit recognized as Flatmaters' own revenue or loss.
7.3 Price Adjustment Before Booking
In exceptional cases of severe and sustained exchange rate volatility prior to Booking confirmation, Flatmaters reserves the right to adjust the Final Price before the Booking is confirmed. Any such adjustment will be clearly communicated to you prior to payment, and you will have the option to proceed at the adjusted price or withdraw your Booking Request without penalty.
7.4 Taxes Affecting You
The Final Price includes any consumption tax (VAT, IVA, or equivalent) applicable to Flatmaters' service commission. You are not responsible for declaring or paying any tax on the rental amount itself; the Property Owner is solely responsible for declaring rental income and paying applicable taxes in the jurisdiction where the Accommodation is located.
8. Monthly Rent
8.1 Rental Period and Payment Schedule
Each monthly Rental Period runs from the 21st of one month to the 20th of the following month. Monthly rent is due during the Payment Window, between the 20th and 25th of the month in which the Rental Period begins. For example, rent for the period from 21 March to 20 April is due between 20 and 25 March.
8.2 First Monthly Payment
The first monthly payment is due on the day of your arrival. If your arrival is more than 7 calendar days after the start of the Semester Period (the 21st of the first month), the first monthly payment must be completed no later than 7 calendar days after the start of the Semester Period, even if you have not yet arrived. Signature of the Rental Agreement remains required as set out in Section 9.
8.3 Payment Method
Monthly rent is paid to Flatmaters using the same payment methods available for the Booking Fee (Section 5.3). Flatmaters then transfers the corresponding amount to the Property Owner between the 5th and 10th of the month following the Rental Period start, after deducting the applicable commission and conversion fees. You do not pay rent directly to the Owner under any circumstances.
Any payment made directly to the Property Owner outside the Platform is at your own risk and is not recognized by Flatmaters as a valid rent payment, except for those payments expressly permitted to be settled directly under the Terms of Service (such as utility consumption charges paid directly to providers, guest fees, or property rule penalties as defined in the Listing). The Owner is contractually prohibited from accepting direct payments outside the Platform for any other amounts. If you make a non-permitted direct payment, you remain liable for the rent owed through the Platform and the direct payment may not be deducted from your Security Deposit at the end of the stay.
8.4 Late Payment
If your monthly rent is not received by Flatmaters by the 25th of the corresponding month, a late payment penalty of 1% of the monthly rent amount per calendar day of delay applies from the 26th, to the maximum extent permitted by applicable law and subject to judicial moderation where required. Since payment transfers may not be instantaneous, you are encouraged to send proof of payment before the 25th to avoid late payment flags during processing.
8.5 Termination for Non-Payment
If your full monthly rent payment is not received by the last calendar day of the corresponding month, Flatmaters may initiate termination procedures in accordance with Section 18 and applicable law. Upon confirmed termination for non-payment, you forfeit the Security Deposit in full as compensation for the breach of the fixed-term commitment. The Property Owner retains all additional rights under applicable local law to recover unpaid rent.
8.6 Advance Payments
You may pay multiple months in advance solely at your own request. Such advance payments are only refundable in cases of confirmed Force Majeure under Section 16 or Owner cancellation under Section 15, and only for periods not yet enjoyed.
9. Arrival & Rental Agreement
9.1 Arrival Date Declaration
You are required to declare a specific arrival date through the Platform. This declaration is mandatory and must be made:
- before the start of the Semester Period, when the Booking is made before the Semester begins; or
- at the moment of Booking, when the Booking is made after the Semester Period has already started.
The declared arrival date cannot be earlier than the 21st of the first month of the Semester Period and cannot be later than 30 calendar days after that date. For Bookings made after the Semester start, the declared arrival date cannot be later than 30 calendar days from the date of Booking. If you do not declare an arrival date within the applicable window, you are deemed to have declared the 21st of the first month as the arrival date, and all consequences applicable from that date apply accordingly.
9.2 Signature of the Rental Agreement
Once you have declared your arrival date, the Rental Agreement becomes available for your electronic signature through the Platform. You may sign:
- at any time between declaring the arrival date and your physical arrival at the Accommodation; or
- upon physical arrival, but no later than 24 hours after entering the property.
By signing, you expressly acknowledge: (a) that this Rental Agreement concerns the provision of accommodation services on specific dates; (b) that you waive any right of withdrawal as set out in Section 6; and (c) that your right to report Material Discrepancies under Section 10 within 24 hours of arrival is fully preserved and unaffected by the timing of signature.
9.3 Consequences of Non-Signature
If you do not sign the Rental Agreement within 24 hours of physical arrival at the Accommodation, and have not communicated to Flatmaters any situation qualifying as Student Force Majeure under Section 16 that genuinely prevents signature, you are deemed to have renounced the Booking. The Booking Fee is forfeited in accordance with Section 15.2 and the Owner is released from the obligation to make the Accommodation available from that moment.
9.4 Handover of Keys
The Property Owner must deliver the Accommodation in the agreed condition on your declared arrival date, including handover of keys, access codes, and Inventory. The Accommodation must be ready and available from the 21st of the first month of the Semester Period regardless of your declared arrival date, so that you may arrive at any time within the 30-day arrival window. Failure of the Owner to deliver the Accommodation in proper condition triggers the Material Discrepancy procedure (Section 10) or, if substantially impossible to deliver, the Owner cancellation rules under the Terms of Service.
9.5 No-Show
If you fail to arrive on the declared arrival date and do not communicate with Flatmaters or the Owner within 7 calendar days of that date, the Booking is treated as cancelled by no-show. The Booking Fee is forfeited and distributed in accordance with Section 15.2. This treatment does not apply where the no-show is due to a confirmed Force Majeure event under Section 16, in which case the rules of that Section govern.
10. Material Discrepancy at Arrival
10.1 Right to Report Discrepancies
Upon arrival, you have 24 hours from the moment of physical arrival at the Accommodation to report to Flatmaters any Material Discrepancy between the Listing and the actual Accommodation delivered. This right is preserved in full regardless of the timing of your signature of the Rental Agreement.
10.2 What Qualifies as Material Discrepancy
Material Discrepancies include, without limitation:
- delivery of a different room or property than the one booked;
- missing essential furniture or equipment listed in the Listing;
- presence of undisclosed permanent occupants;
- non-functional essential utilities (water, electricity, heating where heating is required for habitability);
- unsafe or insanitary conditions affecting habitability;
- structural deficiencies materially affecting use or enjoyment;
- any other condition that would reasonably have been decisive to your Booking decision had it been disclosed in the Listing.
Minor differences in decor, furniture model, personal taste preferences, or aspects that do not materially affect habitability or use do not qualify as Material Discrepancies.
10.3 Reporting Procedure
Discrepancy reports must be submitted in writing through the Platform and must include:
- a clear written description of each discrepancy;
- photographic or video evidence dated and showing the issue clearly;
- where relevant, comparison with the Listing description or photographs.
Flatmaters will request documentation from both parties and assess the report acting reasonably and in good faith.
10.4 Confirmed Discrepancy — Your Rights
Where Flatmaters confirms the existence of a Material Discrepancy, you may exit the Accommodation within 48 hours of arrival without financial penalty. Flatmaters returns to you the full amounts paid, including the Booking Fee and any rent paid for periods not yet enjoyed. The Property Owner is liable for a total indemnification of 3 months of the Base Price, allocated as follows:
- Student indemnification — 2 months of Base Price: transferred to you as compensation for arriving at an Accommodation that materially differed from what was advertised, released within 14 business days of recovery from the Owner.
- Flatmaters platform compensation — 1 month of Base Price: retained by Flatmaters as compensation for operational costs, lost commission, and administrative burden arising from the Owner's material breach at arrival.
Flatmaters recovers these amounts from the Owner through set-off against amounts held or due, or through reasonable recovery efforts. Where full recovery is not possible, amounts recovered are allocated first to you (2 months) and thereafter to Flatmaters (1 month). Flatmaters does not guarantee that the indemnification amount will be recovered in full or at all from the Owner. Flatmaters' obligation is limited to: (i) refunding to you the amounts already held in custody (Booking Fee and any rent paid); and (ii) pursuing reasonable recovery efforts against the Owner as defined in Section 26.4. Any shortfall between the indemnification amount and what Flatmaters successfully recovers from the Owner remains a direct claim that you hold against the Owner, not against Flatmaters. The Owner remains directly liable to you and to Flatmaters for any unrecovered shortfall, to the maximum extent permitted by applicable law, and Flatmaters will provide documentation to support your direct claim upon request.
10.5 Consequences of Non-Reporting
If you do not report a discrepancy within 24 hours of arrival, or do not exit within 48 hours of arrival after Flatmaters confirms the discrepancy, the Accommodation is considered accepted and the standard terms of the Rental Agreement apply. Discrepancies reported after the 24-hour window are assessed individually under standard maintenance and habitability rules (Section 14) and are not subject to the automatic remedy in this Section.
10.6 Right to Continue with Remediation
If you report a discrepancy and the Owner offers a remediation that you find acceptable (for example, repair of the issue within a reasonable time, replacement of missing equipment, or compensation), you may choose to continue with the Booking. The agreement on remediation must be documented in writing through the Platform. Acceptance of remediation does not waive your right to invoke standard remedies under Section 14 if the remediation is not delivered as agreed.
11. Inventory
11.1 Owner's Obligation to Prepare Inventory
The Property Owner is solely responsible for preparing, documenting, and maintaining an accurate and dated Inventory of the Accommodation's condition at the moment of handover. The Inventory must include dated photographic evidence, a detailed list of furniture, equipment, and fixtures, and a description of any pre-existing defects or conditions. The Owner must share the Inventory directly with you upon handover, either digitally or in person.
11.2 Your Independent Documentation
You are strongly advised to document the Accommodation's condition independently upon arrival, including dated photographs and videos of all rooms, fixtures, and any pre-existing defects. You are further advised to repeat this documentation at the moment of departure. This independent documentation may be invoked as counter-evidence in the event of any dispute over damages under Section 21.
11.3 Burden of Proof
In the event of a damage claim against your Security Deposit at the end of the rental period, the burden of proof rests on the Property Owner to demonstrate that the claimed damage did not exist at the time of handover and is attributable to you. An Owner who cannot produce a properly documented and dated Inventory will have substantially diminished capacity to sustain damage claims against your Security Deposit.
11.4 Documentation Recommendation
Both you and the Owner are strongly advised to retain proof of all communications relating to the Inventory: confirmation that the Inventory was shared (date, method, and recipient); any observations or comments submitted by you upon receipt; and any responses or acknowledgments from the Owner. In the event of a dispute, this documentation trail may be decisive. Absence of evidence of sharing, observations, or responses will be taken into account by Flatmaters when assessing any damage claim under Section 21.
11.5 Items Not in the Inventory
As a general rule, items not listed in the Inventory at handover may not be claimed against your Security Deposit at the end of the stay. This protects you against late-discovered claims for items the Owner did not document at handover. However, where the Owner has added new items to the Accommodation during the rental period (for example, replacing broken furniture, adding new appliances, or supplementing equipment), the Owner may claim damage to those items provided that: (i) the Owner notified you in writing of the addition and provided dated documentation evidencing the new items at the time of their introduction; (ii) you had a reasonable opportunity to inspect and acknowledge the new items; and (iii) the damage claim follows the standard procedure in Section 21. Items added without documented notification may not be claimed.
12. Occupation & Property Use
12.1 Permitted Use
You shall use the Accommodation exclusively for lawful residential and personal purposes consistent with the Rental Agreement. The Accommodation may not be used for commercial activities, illegal activities, hazardous activities, or any other purpose materially different from that agreed in the Rental Agreement.
12.2 Quiet Enjoyment
You are entitled to quiet enjoyment of the Accommodation throughout the rental period, free from unjustified interference by the Property Owner or third parties. Owner access to the Accommodation is governed by Section 14.5.
12.3 Co-Living and Other Occupants
Where the Accommodation is shared with other occupants — including the Owner, family members, or other tenants — you shall respect their rights to use of common areas, their privacy, and their reasonable expectations of conduct. The Listing identifies the presence of any permanent occupants, and the rules applicable to shared spaces are part of the Property Rules (Section 13).
12.4 Personal Belongings
You are responsible for the security of your own personal belongings within the Accommodation. The Property Owner is not liable for theft, loss, or damage to your personal belongings except where caused by the Owner's negligence or willful misconduct. You are strongly encouraged to maintain personal property insurance covering your belongings during the stay.
12.5 Subletting and Transfer
You may not sublet, assign, or transfer your rights under the Rental Agreement to any third party, in whole or in part, without the express prior written consent of the Property Owner. Unauthorized subletting constitutes a material breach of the Rental Agreement and may trigger termination under Section 18.
12.6 Guests
Whether and to what extent you may receive overnight or extended guests is governed by the Property Rules published in the Listing (Section 13). Where the Listing does not address guests, occasional visits consistent with normal residential use are permitted by default. Long-term hosting of additional persons not declared at Booking is treated as unauthorized occupation.
13. Property Rules
13.1 Source and Publication
Property Rules are established exclusively by the Property Owner and published in the Listing before any Booking is confirmed. By confirming a Booking, you accept the Property Rules as published. The Owner may not introduce new rules or modify existing rules after Booking confirmation for the duration of your stay.
13.2 Reasonableness
Property Rules must be reasonable, proportionate to the Owner's legitimate interests, and compatible with normal residential use of the Accommodation. Rules may not violate applicable local law or infringe your mandatory legal rights as a tenant or as a consumer. Rules that would have been Material to your Booking decision had they been known at reservation, but were not published in the Listing, are unenforceable against you.
13.3 Financial Penalties for Rule Violations
The Listing may include financial penalties for specific, verifiable violations of Property Rules, provided that:
- each penalty amount and its precise triggering condition are clearly specified in the Listing before the Booking;
- the penalty is reasonable and proportionate to the violation;
- penalties do not apply to conduct that is the Owner's maintenance or repair responsibility;
- penalties are limited exclusively to the items disclosed in the Listing.
No financial penalty may be introduced or modified after a Booking is confirmed. Any penalty charge must be documented and submitted to Flatmaters for review before it may be deducted from your Security Deposit under Section 21.
13.4 Building or Community Rules
Where the Accommodation is located within a building or complex subject to a co-ownership or community management regime (reglamento de copropiedad or equivalent), you acknowledge that community rules applicable to occupants may exist and may not be fully reproduced in the Listing. By confirming a Booking, you agree to comply with the applicable community rules throughout your stay. The Owner must inform you of the existence of such rules at or before arrival. You may request a copy of the applicable community rules from the building administration at any time.
13.5 Health, Safety, and Hygiene
You shall maintain the Accommodation in a state of optimal cleanliness and hygiene throughout the stay, and report to the Owner any condition affecting the safety or habitability of the Accommodation as soon as you become aware of it. Failure to report a problem that worsens may result in liability for the additional damage caused by the failure to report.
14. Maintenance & Utilities
14.1 Owner's Maintenance Obligations
The Property Owner is responsible for maintaining the Accommodation in safe, habitable, and fully functional condition throughout the rental period. This includes structural safety, plumbing and electrical systems, furniture and appliances supplied with the Accommodation that are not locative maintenance, internet (where included in the Listing), and shared spaces. Urgent issues affecting habitability must be addressed immediately. Non-urgent repairs must be completed within 20 calendar days of notification.
14.2 Reporting and Owner Response
You shall report any maintenance issue or defect to the Owner promptly through the Platform or any other documented means. The Owner must respond and act within reasonable timeframes:
- Urgent issues (loss of heating where required, water failure, electrical failure, structural safety risk): immediate action required;
- Non-urgent issues: resolution within 20 calendar days of notification.
14.3 Self-Help Right for Urgent Repairs
If a repair affects habitability, you have notified the Owner through Flatmaters, and the Owner has failed to act within 20 calendar days, you may arrange the repair independently. Prior to proceeding, you must:
- provide photographic or video evidence of the defect;
- obtain a written repair estimate from an independent supplier;
- notify the Owner and Flatmaters in writing of your intention to proceed.
Upon completion, you must submit the final invoice or receipt to Flatmaters. Where the documentation is complete and the repair falls within the Owner's maintenance obligations, the cost is deducted from the next monthly payment due to the Owner, with notice to both parties. This right applies exclusively to repairs affecting habitability and not to improvements or cosmetic works.
14.4 Utilities
All utility conditions applicable to your Booking are defined in the Listing as accepted at Booking and may not be modified afterwards. Three configurations are possible:
- Fully included: all utilities are covered by the Base Price without additional charge for normal use.
- Included up to a monthly cap: the Listing specifies a monthly cap per Student in the relevant currency, with the calculation method clearly stated. Excess consumption above the cap for the relevant month is recoverable from you in the following month's payment, supported by the original utility provider invoice.
- Paid directly by the Student: you are responsible for paying utilities directly to the relevant provider as identified in the Listing.
The Owner must maintain all utility services active and paid throughout the rental period in the case of "fully included" or "capped" configurations, and must provide proof of payment upon reasonable request. No utility charge may be introduced or modified after a Booking is confirmed.
14.5 Property Visits
The Owner may access the rented unit during the rental period only with a minimum of 7 calendar days' prior written notice to you and at mutually agreed times. Emergency access due to immediate safety or security risk is permitted without prior notice, provided you are notified as soon as reasonably possible. Visits for prospective buyers or tenants require the same minimum 7-day advance notice per visit.
15. Cancellation Before Arrival
15.1 Standard Rule — Booking Fee Non-Refundable
The Booking Fee is non-refundable in standard cancellation cases initiated by you before arrival. Upon cancellation before arrival, each party retains their equivalent share from the amount held by Flatmaters as compensation for the removal of the Accommodation from the market and the operational and administrative costs incurred. This standard rule does not apply where Force Majeure under Section 16 is confirmed, nor where the cancellation is attributable to the Owner under the Owner cancellation rules in the Terms of Service.
15.2 Justification of Forfeiture
The forfeiture of the Booking Fee in cancellation reflects the concrete costs incurred:
- the Accommodation was withdrawn from the market for the entire reservation period during which it could not be offered to other Students;
- the Property Owner suffered a direct loss of rental income for a period that cannot be recovered;
- Flatmaters incurred costs of student acquisition, marketing, Booking processing and management, and administrative handling.
From the Booking Fee held in custody, Flatmaters distributes to the Property Owner the amount corresponding to the Owner's Base Price component as compensation for the withdrawal of the Accommodation from the market for the entire reservation period. Flatmaters retains its service commission component from the same held funds, as its own compensation for documented operational costs.
15.3 Cancellation by the Owner
Where the cancellation is attributable to the Property Owner, the Owner cancellation rules set out in the Terms of Service Section 8 apply. In summary, the Owner is subject to graduated penalties for cancellation, and you receive a full refund of all amounts paid plus, depending on the timing of cancellation, additional indemnification. Owner cancellation rules apply automatically without requiring action on your part beyond reporting the cancellation to Flatmaters. Flatmaters does not guarantee that the Owner penalty amounts will be recovered in full or at all. Flatmaters' obligation is limited to: (i) refunding to you the amounts already held in custody; and (ii) pursuing reasonable recovery efforts against the Owner for the additional indemnification, as defined in Section 26.4. Any shortfall remains a direct claim that you hold against the Owner.
15.4 No-Show
If you fail to arrive on the agreed start date without prior communication or a confirmed Force Majeure reason under Section 16, your Booking is treated as cancelled by no-show. The full Booking Fee is forfeited and distributed in accordance with Section 15.2.
15.5 Advance Rent Refund
Where you have paid monthly rent in advance at your own request and the Booking is cancelled before the periods covered by the advance payment have begun, the advance rent for periods not yet enjoyed is refundable. The Booking Fee itself remains subject to the standard rules of Sections 15.1 and 15.2. Where you depart early during the stay without the required notice or without paying the corresponding days, the rules of Section 17 (Early Departure) apply: amounts owed under Section 17 may be deducted from any advance rent paid before refunding the remainder.
16. Force Majeure
16.1 Definition Applicable to the Student
Force Majeure for the purposes of these Booking Conditions, when invoked by you, is strictly defined as a circumstance that is: (a) entirely beyond your control; (b) not foreseeable at the time of Booking; and (c) that objectively and permanently prevents you from continuing to reside at the Accommodation or, depending on the timing, from arriving at the Accommodation. Because Force Majeure circumstances are by definition unforeseen and may require immediate action, no advance notice period is required. You must contact Flatmaters as soon as the situation arises and provide the relevant documentation as promptly as possible.
Foreseeability is assessed at the time of Booking confirmation. The prior occurrence of similar events (including the COVID-19 pandemic and subsequent public health emergencies) does not render future events foreseeable where their specific manifestation, timing, and impact could not have been reasonably anticipated at the time of Booking.
16.2 Qualifying Circumstances — Exhaustive List
The following is an exhaustive and closed list of qualifying circumstances:
16.3 Documentation Requirements
Documentation submitted to support a Force Majeure claim must be provided in English or Spanish, or accompanied by certified translation at your expense. Flatmaters reserves the right to request additional documentation or clarification. False or falsified documentation may result in immediate termination of all Platform rights and legal action.
16.4 Consequences of Confirmed Force Majeure
The consequences depend on whether Force Majeure arises before or after your arrival:
Pre-arrival Force Majeure: Flatmaters returns to you the full Booking Fee and any advance rent paid for periods not yet commenced, within the timelines in Section 22. No financial penalty applies to either party.
Force Majeure during the stay: Flatmaters returns the Security Deposit net of: (i) any rent owed for days actually occupied by you up to the moment Force Majeure took effect; and (ii) any validated damages to the property documented under Section 21. Advance rent paid for periods not yet commenced is refunded.
Flatmaters' determination on Force Majeure is binding for Platform operational purposes (refund processing, Security Deposit distribution), without prejudice to any rights you may have under applicable law.
16.5 Visa and Immigration
Visa and immigration matters are your sole responsibility and do not automatically constitute Force Majeure. Visa rejection, delay, or expiry by your own inaction does not qualify under Section 16.2. You are strongly encouraged to take out travel and cancellation insurance covering visa rejection and unexpected early departure before confirming a Booking.
16.6 Discretionary Consideration
Flatmaters may, at its sole discretion and without creating any obligation or precedent, consider individual cases not listed in Section 16.2 where the circumstances are exceptionally severe and properly documented. Any such consideration is a unilateral goodwill decision by Flatmaters and does not create any right for you or any other Student to invoke or demand the same treatment in any other case. Flatmaters' decision in such cases is final for Platform operational purposes, without prejudice to any rights under applicable law.
16.7 Force Majeure Affecting the Owner
Where Force Majeure affects the Property Owner and prevents the Owner from making the Accommodation available, the Owner cancellation rules under the Terms of Service Section 8 apply. In Owner Force Majeure cases (Category A), the Owner is released from financial penalty but you are entitled to refund of all amounts received corresponding to periods not yet enjoyed.
17. Early Departure During the Stay
17.1 Fixed-Term Nature
The Rental Agreement is a fixed-term contract for the agreed Semester Period. By confirming the Booking, you have knowingly committed to the full duration, and the Owner has reserved the Accommodation exclusively for that period. Early departure without a confirmed Force Majeure reason under Section 16 constitutes a breach of a fixed-term commitment.
17.2 Departure with 30 or More Days' Notice
With 30 or more calendar days' written notice to Flatmaters (or longer period as required by applicable local law), the following applies:
- you remain liable for rent covering the 30 or more-day notice period;
- your Security Deposit is subject to the standard damage assessment process under Section 21;
- after damage assessment, Flatmaters transfers to the Owner: (i) the amount of validated damages attributable to you; and (ii) one month's Base Price (less any validated damages already deducted) as minimum indemnification for the disruption caused by the early departure;
- any remaining balance of the Security Deposit after these deductions is returned to you.
Reduction if a replacement Student is found. If the Owner finds a replacement Student for the vacated Accommodation, the indemnification described above is reduced proportionally to the number of days re-let. The proportional amount corresponding to those days is returned to you. This reduction does not affect the deduction for validated damages.
17.3 Departure Without 30 Days' Notice
Without 30 calendar days' notice, you forfeit the Security Deposit and are liable for:
- rent for the remaining days from the date of departure to the end of the current Rental Period;
- rent for 30 days from the actual departure date as indemnification for the unannounced departure, to the maximum extent permitted by applicable law.
The Security Deposit is first subject to the damage assessment process under Section 21. The net amount remaining after validated damage deductions is applied first to the rent owed under (i) and thereafter to the 30-day indemnification under (ii). Flatmaters transfers the Security Deposit held to the Owner and pursues reasonable recovery of any remaining amounts owed by you, but assumes no financial liability for amounts not recovered. The Owner may pursue any unrecovered balance directly against you.
17.4 Continuing Rent Obligation
All monthly rent obligations remain due regardless of whether you physically occupy the Accommodation, unless Force Majeure under Section 16 applies. Flatmaters is not required to mitigate your obligations arising from early departure.
17.5 Replacement Student
If a replacement Student is found for the vacated Accommodation with the Property Owner's agreement and your early departure was with 30 days' notice, the proportional amount corresponding to days re-let (minus validated damages) is returned to you. Where early departure was without notice, the distribution under Section 17.3 is not affected by the securing of a replacement Student.
17.6 Departure Due to Owner Breach
Where you depart due to confirmed Owner breach — including failure to maintain habitability, failure to perform urgent repairs within Section 14.3 timelines, or material breach of the Rental Agreement affecting your safety or quiet enjoyment — and you have previously notified the Owner in writing and allowed reasonable time for remedy, you are entitled to: (i) refund of rent paid for any period of non-occupation directly attributable to the breach; (ii) full return of the Security Deposit net only of damages validly attributable to you; and (iii) where applicable, indemnification under Section 10.4 if the breach qualifies as Material Discrepancy at arrival or its functional equivalent during the stay.
18. Termination by the Property Owner
18.1 Grounds for Immediate Termination
The Property Owner may terminate the Rental Agreement with immediate effect, subject to notification to and validation by Flatmaters, where you engage in any of the following conducts:
- violent acts or credible threats of violence against any person residing in or entering the property;
- intentional and material damage to the property of a nature or scale that exceeds what the Security Deposit could reasonably cover;
- use of the property for activities that are illegal under applicable local law and that expose the Owner or other residents to legal liability;
- criminal conduct committed within the property or against any resident;
- providing materially false identity information — including false name, false passport, false nationality, or false visa status — discovered during the rental period.
18.2 Validation Procedure and Your Right to Be Heard
Before confirming termination under Section 18.1, Flatmaters: (a) reviews the evidence submitted by the Owner; (b) notifies you of the termination notice and allows 48 hours for you to submit a written response; (c) issues a written determination within 3 business days of the Owner's notification.
Flatmaters' determination is administrative in nature and binding solely for Platform operational purposes — Security Deposit distribution, Platform access, and contractual effects. It does not constitute a judicial finding of fact, does not authorise or direct any physical action by the Owner, and does not prejudice your right to pursue the matter before competent courts under Section 27.
Where you cannot be reached within 48 hours despite reasonable efforts documented in writing, Flatmaters proceeds based on the Owner's evidence alone, without prejudice to your right to contest the determination subsequently under Section 27.
You acknowledge that, in cases of immediate physical safety risk, the Owner retains full autonomy and independent responsibility to take appropriate protective action under applicable law (including contacting local authorities or emergency services), without awaiting Flatmaters' determination. Flatmaters' role does not extend to physical security or emergency response.
18.3 Consequences of Confirmed Immediate Termination
Upon confirmed termination under Section 18.1: you forfeit the Security Deposit in full; you are liable for compensation equivalent to one month of the Final Price, constituting a reasonable pre-estimate of damages caused by the serious breach; and you must vacate the property within 7 calendar days of notification.
18.4 Termination with Notice for Recurrent Breach
The Property Owner may terminate the Rental Agreement with 14 calendar days' written notice where you engage in recurrent conduct that materially breaches the Property Rules or the terms of the Rental Agreement, provided that:
- the Owner has previously notified you in writing of the specific breaching conduct;
- you have had a reasonable opportunity to cease the conduct;
- you have persisted in the conduct despite the notification.
Examples include: repeated unauthorized guests, repeated non-compliance with noise or smoking rules, repeated failure to comply with tenant maintenance responsibilities, or similar persistent breaches. Upon termination under this Section: you forfeit the Security Deposit in full; you are liable for the rent of the 14-day notice period; and you must vacate within 14 calendar days. You are liable for compensation equivalent to one month of the Final Price as a reasonable pre-estimate of damages caused by persistent breach of a fixed-term contract, to the maximum extent permitted by applicable law.
18.5 Non-Identity False Information
Where you provided materially false information at the time of Booking that is non-identity in nature (such as university of exchange, program of study, or duration of exchange) and is discovered during the rental period, the Owner may choose whether to continue or terminate the Rental Agreement. The Owner must communicate this decision to Flatmaters within 30 calendar days of discovery. Where termination is elected: you have 30 calendar days to vacate, must pay rent for that period, and forfeit the Security Deposit. Where the Owner elects to continue, the Rental Agreement remains in force under its original terms. If the Owner does not communicate a decision within 30 calendar days of discovery, the Owner is deemed to have elected to continue, and the right to terminate under this Section 18.5 is waived for that specific instance of non-identity false information.
18.6 Standard Termination for Non-Payment
Confirmed non-payment of rent following the procedures in Section 8.5 is grounds for termination under standard procedures, with consequences as set out in Section 8.5. This is not subject to the immediate termination procedure of Section 18.1 but follows the timeline of the late payment process.
18.7 Lawful Eviction
All terminations under this Section are contractual in nature. Physical eviction of a Student who refuses to vacate must follow the legal procedure applicable in the jurisdiction where the Accommodation is located. Flatmaters does not participate in physical eviction procedures but will provide the Owner with documentation of the contractual termination for use in any subsequent judicial process. The contractual termination does not prejudice the Owner's right to seek a judicial eviction order under applicable local law, nor your right to defend against any such proceeding under applicable law.
19. Departure & Check-Out
19.1 End of Stay
At the end of the Semester Period, or earlier in case of confirmed Force Majeure, early departure, or termination, you must complete the check-out process by:
- vacating the Accommodation by the agreed end date;
- leaving all spaces clean and in the condition recorded in the Inventory;
- removing all personal belongings;
- returning all keys and access codes;
- cooperating with the Owner in any check-out walkthrough or final inspection;
- completing any check-out form or confirmation requested through the Platform.
19.2 Documentation Recommendation
You are strongly advised to document the condition of the Accommodation upon departure with dated photographs and videos of every room, fixture, and appliance. This documentation may be decisive in any subsequent damage dispute under Section 21.
19.3 Non-Vacating Penalty
Failure to vacate by the end date will result in a penalty of 100 EUR per day of delay (or local equivalent), to the maximum extent permitted by applicable law and subject to judicial moderation where required. The penalty applies until the Accommodation is returned in the agreed condition. Exceptions may be granted only with prior written approval from Flatmaters.
19.4 Return of Keys
Failure to return all keys and access codes constitutes incomplete check-out and may result in deduction from your Security Deposit of the reasonable cost of lock changes and key replacement, supported by independent third-party invoice as required under Section 21.
19.5 Personal Belongings Left Behind
Personal belongings left at the Accommodation after check-out are deemed abandoned 30 calendar days after departure unless you have made prior written arrangements with the Owner for collection. The Owner may dispose of abandoned belongings without liability to you after this period. Storage costs incurred by the Owner during the 30-day period may be deducted from your Security Deposit if reasonable and documented.
20. Security Deposit Return
20.1 Custody Until Return
The Security Deposit is held in its entirety (100%) by Flatmaters as sole neutral custodian throughout the rental period. Funds are held in a designated segregated account maintained exclusively for custody purposes and kept separate from Flatmaters' own operational funds at all times. The Property Owner does not receive the Security Deposit during the rental period.
20.2 Right to Restitution
You have the right to restitution of the net balance of the Security Deposit after all validated deductions under Section 21. The Property Owner may receive validated deduction amounts only through the damage assessment process described in Section 21, paid directly by Flatmaters from the amounts held.
20.3 No Co-Mingling
Flatmaters maintains the Security Deposit in segregated custody at all times. The Security Deposit is not used for Flatmaters' operational purposes and is not subject to claims by Flatmaters' creditors for Flatmaters' own debts. This protects you in the event of any financial difficulty affecting Flatmaters.
20.4 Interest
Interest, if any, accruing on Security Deposit funds during custody belongs to Flatmaters as compensation for custody services and operational costs of maintaining the segregated account. This is consistent with industry standard for custody arrangements and is fully disclosed at the time of Booking.
20.5 Adaptation to Local Law
Where mandatory local law governing security deposits in the relevant jurisdiction is incompatible with this custody arrangement, Flatmaters reserves the right to adapt the custody structure as necessary to comply with that law, without affecting your entitlement to the net balance after validated deductions.
21. Damage Assessment Process
21.1 Mandatory Procedure
Upon your departure at the end of the Semester Period, the following process applies to any claim against the Security Deposit. This process is mandatory. Claims not following it in full will not be considered and any unclaimed amounts will be returned to you.
21.2 Principles Governing Arbitration
Flatmaters acts as impartial arbitrator in this process, not as advocate for either party. Determinations are based exclusively on the evidence submitted by both parties. Items without supporting evidence are not considered. The process is designed to be fair, transparent, and conclusive for both parties. Flatmaters' determination reflects the application of objective criteria to the available evidence and is binding for Security Deposit settlement purposes, without prejudice to either party's right to pursue the matter before competent courts under Section 27.
21.3 Direct Settlement
By mutual written agreement between you and the Owner, minor damages, inventory deficiencies, or other amounts owed may be settled directly between the parties outside the Security Deposit process, without involving Flatmaters. Such direct settlement is entirely voluntary and requires the express written consent of both parties. You are advised to retain proof of all direct payments made (bank transfer receipts, payment confirmations, or equivalent) to ensure full traceability. Where direct settlement has occurred and is evidenced, the corresponding items may not be claimed again through the Security Deposit process.
21.4 Non-Deductible Items
The following may not be deducted from your Security Deposit under any circumstances:
- deterioration resulting from normal and ordinary residential use (wear and tear), provided that such deterioration is not the result of negligence, misuse, lack of basic maintenance, or failure to perform ordinary cleaning by you or your guests (for example, stains caused by failure to wash bedding or towels regularly, accumulated grime from lack of routine cleaning, mould resulting from inadequate ventilation, or damage caused by improper use of appliances);
- repairs or maintenance that are the Owner's structural or maintenance responsibility under Section 14, unless the damage or deterioration is a result of misuse or neglect by the occupants;
- items not included in the Inventory prepared by the Owner at handover under Section 11, subject to the exception in Section 11.5 for items added during the rental period with documented notice;
- claims submitted after the 5-calendar-day damage report window;
- items without photographic evidence taken post-departure and without an independent third-party estimate or invoice;
- utility charges not clearly defined as your responsibility in the Listing before the Booking.
21.5 Deductible Items
The following may be deducted, subject to compliance with the process in Section 21.1 and the exclusions in Section 21.4:
- damage caused by your actions or omissions, or those of your guests — including breakage, stains, or structural damage;
- damage resulting from ordinary negligence: failure to carry out basic cleaning, leaving the Accommodation in an unsanitary condition, or causing avoidable deterioration through careless use;
- minor locative repairs not carried out by you: replacing blown light bulbs or other small maintenance items that are the tenant's responsibility under normal residential use;
- damage worsened by failure to report: if a problem you were aware of was not reported in time and caused further damage (for example, a blocked drain that led to flooding);
- damage resulting from failure to comply with house rules: flushing inappropriate items, putting food waste down drains, or any conduct that caused avoidable damage;
- final cleaning costs if the Accommodation is not returned in the same state of cleanliness as when it was handed over;
- outstanding service charges, utility overages (supported by the original invoice issued by the utility provider to the Owner), unpaid fines arising from your conduct, or any other amounts contractually owed by you and not settled during the rental period.
This list is illustrative and not exhaustive. Other amounts due, damages, or costs directly attributable to you or your guests may also be deducted, provided they are properly documented in accordance with the process in Section 21.1.
21.6 Damages Not Attributable to a Specific Resident
In shared accommodations where damage cannot be attributed to a specific Student, the validated cost is divided equally among all Students residing during the month in which the damage occurred.
21.7 Excess Damages
If validated damages exceed your full Security Deposit, you remain financially liable for the outstanding balance. Flatmaters may pursue recovery of this balance through reasonable recovery efforts, but assumes no financial liability for amounts not recovered. The Owner retains the right to pursue any unrecovered balance directly against you through applicable legal means.
22. Refund Timelines
Refund timelines depend on the nature of the event triggering the refund:
22.1 Pre-Arrival Refunds
Where a Booking Request is rejected, a Booking is cancelled before your arrival, or a pre-arrival Force Majeure event under Section 16 is confirmed, Flatmaters initiates the refund within 15 business days of the triggering event. No damage assessment applies in these cases as no custody transition to Security Deposit has occurred.
22.2 Mid-Stay and End-of-Stay Refunds
Where a refund arises after your arrival and the Booking Fee has been re-designated as the Security Deposit, the refund is processed through the damage assessment procedure set out in Section 21, according to the timelines and stages established therein.
22.3 Third-Party Invoice Adjustments
Where utility charges or similar third-party invoices are not yet available at the time of refund under Sections 22.1 or 22.2, Flatmaters may retain a reasonable estimated amount pending final documentation, refunding the retained balance within 10 business days of receipt of the final invoice.
22.4 Banking and Payment Provider Times
Actual receipt of refund amounts depends on banking and payment provider processing times, which are outside Flatmaters' control. You should account for typical processing times of 3 to 7 business days after Flatmaters initiates the refund, depending on your bank and country of residence. Where a refund has not arrived after a reasonable period, contact Flatmaters with the refund reference for tracing.
23. Reviews
23.1 Right to Review
Upon completion of your stay, you may submit a written review of the Accommodation and the Property Owner through the Platform. Reviews must be truthful, respectful, and based on direct experience. The Property Owner has an equivalent right to submit a review of you as a tenant.
23.2 Content Standards
Reviews may not contain: false or misleading statements; defamatory or abusive content; personal information about identifiable individuals other than the parties to the rental; commercial content unrelated to the rental experience; or content that violates applicable law. Flatmaters may remove reviews containing such content but does not edit review content.
23.3 No Retaliation
The Property Owner is contractually prohibited from retaliating against you for submitting an honest review. Examples of prohibited retaliation include: refusing to release Security Deposit amounts that are not validly disputed; submitting fraudulent damage claims; or threatening or intimidating you in connection with a review. Such conduct may result in suspension or termination of the Owner's Platform participation and additional liability to you.
24. Anti-Bypass
24.1 Prohibition on Circumvention
You may not circumvent the Platform to avoid fees, commissions, or obligations arising from a relationship initiated through Flatmaters. This prohibition covers:
- direct rental agreements or payments made outside the Platform for properties or Owners introduced through Flatmaters;
- renewals, extensions, or new agreements between you and an Owner who first connected through the Platform;
- any arrangement designed to continue a rental relationship while avoiding Platform fees.
24.2 Duration
This obligation applies for 18 months from the end of the last Booking through the Platform between you and the Owner — whether it ended by cancellation from either side, completion of the rental, or anything in between. That includes any future rental, regardless of how the current one ends.
24.3 Consequences of Bypass
Where bypass is identified, Flatmaters may: invoice and collect the full commission for the bypassed period; claim additional documented damages; immediately suspend or permanently terminate your account; and pursue legal action. This obligation survives termination of these Booking Conditions or closure of your account. Any direct payment made outside the Platform for a property or relationship introduced through Flatmaters constitutes a material breach of these Booking Conditions and the Terms of Service.
Application of Security Deposit. Where bypass is identified with your participation (whether by your own initiative or by acceptance of a proposal from the Property Owner or a third party), Flatmaters may apply your Security Deposit, in whole or in part, as indemnification for documented damages arising from the bypass (including, without limitation, the commission corresponding to the bypassed period), without prejudice to the additional collection of any excess damages that may correspond. This is without prejudice to your right to challenge the application of the Security Deposit through the dispute resolution mechanisms in Section 27.
24.4 Legitimate Bookings
This Section does not prevent you from making a new Booking with the same Owner through the Platform during or after the 18-month period. Each Booking is an independent contract generating its own Booking Fee, Security Deposit, and Rental Agreement cycle, processed through the standard procedure in Section 4.
25. Data Protection
25.1 Privacy Policy
The collection, processing, and storage of your personal data by Flatmaters is governed by the Flatmaters Privacy Policy, which is incorporated by reference into these Booking Conditions. By making a Booking, you acknowledge and accept the Privacy Policy.
25.2 GDPR Compliance
As Flatmaters OÜ is incorporated in Estonia (a member of the European Union), Flatmaters complies with Regulation (EU) 2016/679 (General Data Protection Regulation, GDPR) and applicable data protection laws. You retain all rights afforded by the GDPR, including rights of access, rectification, erasure, restriction of processing, portability, and objection.
25.3 Sharing with the Property Owner
To enable the Booking and the Rental Agreement, Flatmaters shares relevant personal data with the Property Owner, including your name, contact details, identification document where required, university enrollment data, and personal presentation. The Property Owner acts as an independent data controller for the personal data received in connection with a confirmed Booking and is solely responsible for their own GDPR compliance regarding that data.
25.4 Cross-Border Data Transfers
Where your personal data is transferred to jurisdictions outside the European Economic Area (including Chile and other countries where listed properties are located), Flatmaters relies on appropriate safeguards under Articles 44 to 49 GDPR, including Standard Contractual Clauses adopted by the European Commission or equivalent mechanisms. Details of specific transfers and safeguards are set out in the Privacy Policy.
25.5 Retention
Your personal data is retained only for as long as necessary for the purposes for which it was collected, in accordance with applicable legal retention obligations including tax and accounting retention periods. Specific retention periods are detailed in the Privacy Policy.
26. Liability
26.1 Flatmaters' Liability
To the maximum extent permitted by applicable law, Flatmaters shall not be liable for: the condition, maintenance, or habitability of listed properties; property damages, rent defaults, or contractual breaches by the Property Owner; banking delays, payment provider errors, currency fluctuations, or transfer failures; indirect, consequential, or incidental damages; temporary Platform unavailability; immigration or visa matters; acts or omissions of third parties including building staff, neighbors, utility providers, or any other individual not under Flatmaters' direct control; or theft, burglary, vandalism, or criminal acts by third parties.
26.2 Liability Cap
Flatmaters' total liability in connection with any specific Booking shall not exceed the total commissions actually received by Flatmaters in relation to that specific Booking up to and including the month in which the incident giving rise to the claim occurred, and in no event shall exceed EUR 500 in total. This limitation applies to claims arising from Flatmaters' own acts or omissions in the ordinary performance of its obligations under these Booking Conditions.
26.3 Exceptions to the Liability Cap
The limitation in Section 26.2 does not apply to:
- liability arising from Flatmaters' own proven fraud, willful misconduct, or gross negligence;
- liability arising from Flatmaters' breach of its custodial duties regarding the Booking Fee or Security Deposit;
- death or personal injury caused by Flatmaters' negligence;
- mandatory provisions of applicable law that cannot be excluded or limited by contract, including consumer protection rules of your jurisdiction of habitual residence.
This limitation does not restrict your right to pursue the Property Owner directly for amounts owed to you under the Rental Agreement.
26.4 Reasonable Recovery Efforts
Where these Booking Conditions require Flatmaters to pursue reasonable recovery efforts against a defaulting Owner, this obligation includes: (i) formal written demand to the Owner; (ii) notification to credit bureaus or equivalent reporting mechanisms where legally permissible in the applicable jurisdiction; and (iii) pursuit through small claims or equivalent simplified procedures where the amount and jurisdiction make this economically proportionate. Flatmaters is not obligated to pursue judicial litigation where the cost of recovery is reasonably likely to exceed the amount owed. You retain the independent right to pursue any unrecovered amounts directly against the Owner through applicable legal means, and Flatmaters will provide documentation of the default upon request.
26.5 Third-Party Security Events
Events that compromise the security or habitability of the Accommodation and are caused by third parties or circumstances beyond Flatmaters' control — including theft, criminal acts, structural failures, flooding, pest infestation, fire, utility outages, or vandalism — are entirely external to Flatmaters. Flatmaters bears no liability in connection with such events. Your rights and remedies in such cases lie against the Property Owner and, where applicable, the building administration or relevant third party. Flatmaters may, but is not required to, assist in coordinating communication or in facilitating relocation on a best-efforts basis.
26.6 Platform Availability
Flatmaters does not guarantee uninterrupted or error-free access to the Platform. The Platform may be temporarily unavailable due to maintenance, technical updates, or other circumstances. Flatmaters is not liable for any loss or inconvenience resulting from temporary unavailability that does not materially affect the performance of a confirmed Booking.
26.7 Force Majeure Affecting Flatmaters
Flatmaters shall not be liable for failures or delays in performing its obligations caused by events beyond its reasonable control, including natural disasters, government actions, pandemic, war, internet infrastructure failures, or third-party service provider failures. In such cases, Flatmaters' obligations may be temporarily suspended for the duration of the event.
26.8 Insurance Recommendation
Flatmaters does not provide insurance to Students. You are strongly encouraged to maintain a valid personal civil liability insurance policy covering damages you may cause to the Accommodation or to third parties during your stay, and to maintain travel and cancellation insurance covering visa rejection, unexpected early departure, and personal property loss.
27. Dispute Resolution
27.1 Good Faith Resolution
You agree to attempt to resolve disputes in good faith through direct communication and, where applicable, Flatmaters' mediation support, before initiating formal legal proceedings. Flatmaters will make reasonable efforts to facilitate communication and propose fair solutions, without acting as a legal authority or arbitrator beyond the damage assessment process in Section 21.
27.2 Disputes Between You and the Property Owner
Disputes arising exclusively from the Rental Agreement — including property condition, rent, damages, and co-living matters — are governed by the laws of the jurisdiction where the Accommodation is located and may be pursued directly between you and the Owner without involving Flatmaters, unless mediation support is requested or unless Flatmaters' arbitration role under Section 21 applies.
27.3 Disputes Between You and Flatmaters — Initial Process
Any dispute between you and Flatmaters that cannot be resolved through good-faith negotiation shall follow this process:
- you submit a written complaint to Flatmaters at contact@flatmaters.com;
- Flatmaters will respond within 15 business days of receipt;
- if not resolved through this initial process, you may proceed to the dispute resolution mechanisms in Section 27.4.
27.4 EU ODR Platform
Where you reside in the European Union, you may refer disputes to the European Online Dispute Resolution platform at ec.europa.eu/consumers/odr, established under Regulation (EU) No 524/2013. This is an alternative to litigation that you may use at your option.
27.5 Competent Courts
For disputes between you and Flatmaters not resolved through the processes above, the competent courts are:
- the courts of the jurisdiction where the Accommodation is located, for matters arising from the Booking or the rental relationship;
- where you qualify as a consumer under the mandatory law of your habitual residence, the courts of your jurisdiction of habitual residence, where that right is afforded by mandatory law (including under Regulation (EU) No 1215/2012 — Brussels I bis — for EU consumers).
This designation operates without prejudice to any mandatory jurisdiction rule applicable to consumer disputes under the law of your habitual residence.
27.6 Applicable Law
These Booking Conditions are governed by the laws of Estonia, as the jurisdiction of incorporation of Flatmaters OÜ. The Rental Agreement entered into between you and the Property Owner is governed by the laws of the jurisdiction where the Accommodation is located.
Where mandatory provisions of the consumer protection law of your habitual residence — including but not limited to Regulation (EC) No 593/2008 (Rome I) Article 6 for consumers domiciled in the European Union — provide protections that cannot be derogated from by contract, those provisions apply to the extent they grant you greater protection than these Booking Conditions.
28. Consumer Protection
28.1 Mandatory Consumer Protection Prevails
Notwithstanding the governing law specified in Section 27.6, where you qualify as a "consumer" under the mandatory law of your habitual residence, you retain the benefit of the mandatory provisions of that law that cannot be derogated from by agreement. Such mandatory provisions apply to the extent they grant you greater protection than these Booking Conditions. This clause is a declaration of compliance and does not affect the validity of any other provision of these Booking Conditions in respect of parties who do not qualify as consumers.
28.2 Savings Clause
Where any provision of these Booking Conditions would be held abusive, unfair, or unenforceable when applied to a Student qualifying as a consumer under the mandatory law of their habitual residence, that provision shall be deemed modified to the minimum extent necessary to render it enforceable, without affecting the remainder of these Booking Conditions.
28.3 Pre-Contractual Information
Before accepting these Booking Conditions and confirming the Booking, you have been provided with all information required by Articles 6 to 8 of Directive 2011/83/EU (where applicable to your jurisdiction) and equivalent local consumer protection regulations, including:
- identity and contact details of Flatmaters;
- main characteristics of the service;
- total price including all charges, with worked breakdown;
- payment methods and custody arrangements;
- duration and termination rights;
- complaints procedure and ODR platform reference;
- existence of the right of withdrawal exception under Article 16(c) and your express waiver thereof (Section 6);
- data processing overview, with full details in the Privacy Policy.
29. General Provisions
29.1 Modifications
Flatmaters reserves the right to modify these Booking Conditions at any time. Updated Booking Conditions will be published on the Platform and you will be notified via email or Platform notification with reasonable advance notice. Continued use of the Platform following the effective date of any update constitutes acceptance of the modified terms. Modifications do not affect the terms of confirmed Bookings already in force at the time of the change, which continue to be governed by the version of the Booking Conditions accepted at the time of Booking confirmation.
29.2 Local Law Override
Where the applicable mandatory law of the jurisdiction where the Accommodation is located, or of your habitual residence as a consumer, confers rights more protective than these Booking Conditions, those rights apply to the extent required by that mandatory law. The existence of more protective mandatory local law does not affect the validity of the remainder of these Booking Conditions.
29.3 Severability
If any provision of these Booking Conditions is found invalid or unenforceable, the remaining provisions remain in full force. The invalid provision shall be replaced by a legally valid equivalent that most closely reflects the original intent.
29.4 Entire Agreement
These Booking Conditions, together with the Terms of Service, the Rental Agreement, and the Privacy Policy, constitute the entire contractual framework between you and Flatmaters in respect of the Booking, and supersede all prior communications and informal agreements on the same subject matter, subject to the document hierarchy in Section 1.2.
29.5 Survival
The following provisions survive termination of the Booking, completion of the rental, or closure of your account: limitation of liability; payment obligations and outstanding amounts; Security Deposit obligations until full settlement; anti-bypass obligations; dispute resolution; data retention obligations; and all obligations related to confirmed Bookings at the time of termination.
29.6 Cessation of Platform Operations
If Flatmaters discontinues operations in a specific market where Bookings are active, Flatmaters will: (i) provide at least 60 calendar days' written notice to affected users; (ii) honor all Bookings in course through their agreed end date or facilitate an orderly wind-down; (iii) return all funds held in custody to the party contractually entitled; and (iv) assist in transitioning active rental relationships where operationally feasible. Booking Requests pending at the time of cessation notice are processed as follows: where confirmed by the Owner before the effective cessation date, they become Bookings in course and are honored under (ii); where not confirmed, the Booking Request is cancelled and any Booking Fee paid is refunded in full.
29.7 Notices
All notices, validations, and communications required or permitted under these Booking Conditions are valid when sent through: (i) the Platform's internal messaging system with confirmation of delivery; (ii) email to the address on record for the recipient; or (iii) any other documented electronic means. Notices are deemed received on the business day following transmission. You are responsible for maintaining accurate and current contact information in your Platform account, and for checking Platform notifications regularly. Failure to receive a notification due to outdated contact information or failure to check the Platform does not invalidate the notice.
29.8 Language
These Booking Conditions are written in English as the official legal version. Translations in other languages (Spanish, French, and others) are provided for convenience only. In the event of conflict between versions, the English version prevails, subject to mandatory consumer protection rules in your jurisdiction of habitual residence requiring the use of a specific language.
29.9 Electronic Signatures
You agree that electronic communications (including email to addresses on record) and electronic acceptance (including click-through acceptance and electronic signatures) shall have the same legal effect as written and signed documents pursuant to Regulation (EU) 910/2014 (eIDAS) where applicable, and equivalent local laws on electronic signature.
29.10 Contact
For legal, operational, or contractual matters relating to your Booking:
Flatmaters OÜ · contact@flatmaters.com · www.flatmaters.com
EU Online Dispute Resolution Platform: ec.europa.eu/consumers/odr
29.11 Effective Date
These Booking Conditions enter into force on the date of acceptance by you in connection with a Booking, and apply to that specific Booking from that date. The version applicable to your Booking is the version in force at the moment of Booking confirmation.
30. Acceptance
By initiating a Booking Request, paying the Booking Fee, and confirming acceptance of these Booking Conditions through the Platform, you acknowledge and agree that:
- you have read, understood, and accept these Booking Conditions in their entirety;
- you have read and accept the Terms of Service and the Privacy Policy, which complement these Booking Conditions;
- you understand that the Booking constitutes accommodation services on specific dates and that you waive your right of withdrawal as set out in Section 6;
- you understand the Booking Fee is non-refundable in standard cancellation cases as set out in Section 15;
- you understand and accept the cancellation rules in Section 15, the Force Majeure rules in Section 16, the early departure rules in Section 17, the termination rules in Section 18, and the Security Deposit return process in Sections 20 and 21;
- you understand and accept the anti-bypass obligation in Section 24 for a period of 18 months from the end of the last Booking through the Platform with the same Owner, including the application of your Security Deposit as indemnification for documented damages in case of bypass with your participation;
- you understand and accept the limitation of Flatmaters' liability set out in Section 26, subject to the exceptions and to mandatory consumer protection law that prevails over the limitation;
- you confirm that all information provided in connection with the Booking is accurate, complete, and not misleading.